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Friday, October 31, 2008
DBM: No legal basis for recall budget
By Ian Ocampo Flora
CITY OF SAN FERNANDO -- The Department of Budget and Management (DBM) said the Provincial Board’s proposed P25 million recall election expenses “is bereft of legal basis and therefore not sanctioned by the (Local Government) Code.”
In a letter submitted to Provincial Budget Officer Nida Manalad dated October 27, 2008, DBM clarified that the appropriation of funding for the conduct of the recall election does not fall under the statutory and contractual obligation of a local government unit (LGU).
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The letter was in response to the October 22 letter of Manalad requesting clarification whether or not the appropriation of P25 million for recall expenses is a mandatory obligation of the Provincial Government of Pampanga.
The Provincial Board (PB), as an en banc committee, is considering the passage of a proposed ordinance that seeks to appropriate a P25 million recall election fund in case the recall petition against Governor Eddie Panlilio would prosper.
The PB's move was made after the Commission on Elections (Comelec) said it has no fund for the recall election of Panlilio or other local government officials in the country.
In the letter, Director Elisa Salon of DBM said all budget proposals, including the proposed P25 million supplemental budgets to fund the recall election, must emanate from the local chief executive.
Salon cited the provisions on Expenses Incident to Recall Elections (Section 75), which states that "all expenses incident to the recall elections shall be borne by the Comelec."
Salon explained that for this purpose, there shall be included in the annual General Appropriations Act a contingency fund at the disposal of the Comelec for the conduct of recall elections.
"The provision is explicit that funds to be used for recall elections shall be charged against the National Government, particularly from the budget of the Comelec," she said.
Salon also cited the Local Government Code of 1991, saying the PB is not mandated by the code to prepare either an annual or supplemental budget "but rather to enact it."
"Therefore, any proposed ordinance directing payment of money or crediting liability which does not emanate from the Provincial Governor is bereft of legal basis and therefore not sanctioned by the code," Salon added.
Earlier, Vice Governor Joseller "Yeng" Guiao said there is nothing wrong with the planned appropriation since the PB is still waiting for the ruling of the Comelec en banc.
"We could not just ignore the clamor of the 224,875 signatories of the recall. But right now we are anticipating the ruling of the Comelec en banc," Guiao said.
The Comelec legal department seems to share the opinion of the DBM. In a memorandum dated October 21, 2008, it said that to secure funds from LGUs and private sources would, in effect, undermine the independence of the poll body.
"Recourse to the DBM might give the impression that since it is under the Office of the President, government funds are being used for the recall of those not politically aligned (with the administration). Ultimately, the image of the Commission as an independent constitutional body might suffer," the memorandum added.
For his part, Rosve Henson, president of the Kapanalig at Kambilan ning Memalen Pampanga (Kambilan), said: "It's not the President's personal money. It is the national budget. The recall is a legitimate people-initiated move as guaranteed by the Constitution. Government agencies are expected to protect and uphold the Constitution regardless of any perception from any sector. After all, this exercise is not a partisan exercise; it is a people's initiative."
Last October 15, Kambilan filed a recall petition against Panlilio at the Comelec provincial office and submitted some 224,875 signatures to back its move.
Panlilio, through his legal counsels, recently filed a motion asking the Comelec to dismiss the recall petition.(Sun.Star Pampanga)
For more Philippine news, visit Sun.Star Davao. (October 31, 2008 issue)
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