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Monday, April 05, 2004
CA ruling sought for P55-M Capitol budget
By Jay Dooma Balnig
THE Provincial Government is filing a petition for certiorari before the Court of Appeals (CA) against the issuance of a Temporary Restraining Order (TRO) by the Regional Trial Court of Guimbal against the disbursement of Supplemental Budget No. 1 amounting to P55.25 million.
Acting Provincial Administrator Manuel Mejorada said in a statement the petition, being prepared by Provincial Legal Officer Manuel Justiniani, will name Judge Teodulo Colada as respondent.
Colada issued a 20-day order last Monday following the petition for TRO filed by lawyer Rodolfo Legaspi II, in his capacity as a taxpayer of the 1st District of Iloilo.
Justiniani had sought the inhibition of Colada, claiming Colada and 1st District Rep. Oscar Garin Sr., Gov. Niel Tupas Sr.'s rival in the gubernatorial race, are related by affinity. Colada's son, Lex, is married to Garin's daughter.
However, Colada still dismissed the motion and proceeded to grant the TRO.
Lawyer Antonio Grijalvo, provincial legal officer III, earlier said that even without the TRO, the amount could not be disbursed as the governor has not yet approved the appropriation ordinance.
"With more reason that it cannot be disbursed now that there is a TRO," he said.
Legaspi, in his 24-page petition, said Appropriation Ordinance No. 1 is "highly irregular" as several items are "not supported by budget documents in its proper budget forms" pursuant to section 345 of Republic Act 7160 and the mandated provisions of the Budget Operations Manual for Local Government Units.
"The Appropriation Ordinance No. 1 is highly irregular and should not have been approved (by the Provincial Board) because the items enumerated provide for appropriations in 'lump sum' and sans the particular budget forms mandated," he said.
Legaspi had explained it is not his intention to stop the disbursement of fund. He said he is after the compliance of the procedures and rules as stated in the Local Government Code.
"Once they comply with the procedures, then it's okay. At least, we will know where the money will go," he said, adding that the Provincial Government had already been warned by the Commission on Audit (COA) against "lump sum" appropriations.
In his petition, Legaspi had asked the court to restrain respondents Provincial Treasurer Melba Sullivan from disbursing the funds; Provincial Budget Officer Elena Lim from certifying on the obligation of appropriation/allotment of funds disbursed; and OIC Provincial Accountant Lyd Tupas from certifying on the availability of appropriation/allotment.
Originally, the budget totalled P58.33 million but it was trimmed down to P55.25 million after the P400,000 advertising expenses requested by office of Provincial Administrator as well as the budget for the terminal leave pay of P2.615 million asked by the office of Economic Enterprise were excluded. JDB
(April 3, 2004 issue)
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