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Saturday, October 18, 2003
Megadome case finally gets a judge
By GRECAR A. NILLES
Sun.Star Staff Reporter
AFTER four Regional Trial Court (RTC) judges inhibited themselves from hearing the case, Capitol’s disputed supplemental budget has finally found an arbiter.
As his first act, RTC Branch 7 Judge Simeon Dumdum Jr. denied the pending requests of the parties involved: the governor’s motion to dismiss, the opposition’s request for temporary restraining order and Bayan’s motion to intervene.
The temporary restraining order would have prohibited the disbursement of the P600-million supplemental budget.
In his 10-page order, Dumdum ruled that a hearing is needed to determine whether the petitioners, or the five Provincial Board (PB) members opposed to the megadome, have a cause of action.
Gov. Pablo Garcia earlier asked the court to dismiss the case because the opposition PB members did not state their cause of action.
He also said the opposition bloc is only composed of five of the 15-member board and do not represent the millions of residents who are expected to benefit from his pet project—the megadome.
At least P250 million of the supplemental budget is allocated to build the megadome in Mandaue City.
Dumdum said the allegation that the supplemental budget was passed without the required majority of votes is a “sufficient cause of action.”
“It is the consideration of the court that petitioners are real parties in interest. They are suing as taxpayers and as members of the board,” the decision said.
In denying the opposition bloc’s prayer for the issuance of a temporary restraining order, Dumdum said “disbursements under the questioned budget are within the ambit of the activities that may not be restrained.”
He said disbursement for infrastructure projects may only be restrained when there is clear grave abuse of discretion on the part of the government authority or private person being enjoined.
(October 18, 2003 issue)
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