LGC SECTION 323 REJECTED

THE members of the majority at the Sanggunian Panlungsod (SP), again used their number to exclude the resubmitted 2023 annual budget of the city government in July 4, 2023 agenda.

At the start of the session, Councilor and Majority Floor Leader Librada Reyna-Macalanda moved for the deletion of proposed Ordinance O-835 for second reading in the agenda, and was promptly seconded by Councilors Irene Lim-Acosta, Alfie Fernandez and Redford Erfe-Mejia.

Recall that Erfe-Mejia, chair of the finance, budget and appropriation, agreed to schedule the proposed ordinance for the resubmitted annual budget for second reading upon the request of the minority on June 27 for discussion in the plenary. To affirm its approval, resource speakers were invited to clarify issues in connection with the resubmitted proposed budget.

In the previous session, the SP passed the resolution enacting the annual investment program of P148,000 that contained P500,000 budget for sports drawn from the city’s Special Education Fund (SEF), for Dagupan athletes seeing action in the Palarong Pambansa July 24-August 2.

The invited resource speakers, all members of the city’s finance committee headed by City Legal Officer and Acting City Administrator Aurora Valle, Human Resource Speaker Lana Balolong and representatives of the University of Luzon, Lyceum Northwestern University, Universidad de Dagupan, University of Pangasinan-Phinma were present for the second reading but were surprised when told they will not be allowed to speak, only to listen.

“We want you to listen,” Erfe-Mejia told the invited resource speakers.

Councilor and Minority Floor Leader Michael Fernandez vehemently opposed Macalanda’s motion and pointed to the invitation letter signed by Erfe-Mejia purposely for the discussion annual budget, and recalled the “gentleman’s agreement” reached to calendar the Draft Ordinance No. 0-835 for second reading.

But the latter responded by calling on the chair to act on the motion of Macalanda and ignored the taunts of Councilor Fernandez to resign as committee chairman for failing to be true to his word.

Fernandez then argued that Section 323 in the Local Government Code mandates to no other matter can be discussed in the Sanggunian if the annual appropriation has not been passed.

Vice Mayor and SP presiding officer Bryan Kua initially denied Macalanda’s motion affirming what the law clearly dictates.

Councilor Alfie Fernandez, a lawyer, refuted the application of Section 323 and argued “we already did that for the past 90 days”, referring to the P864.98 million budget passed though eventually declared “inoperative in its entirety,” asserting that Section 323, therefore, can no longer be applied.

Councilor Alfie also argued that although Erfe-Mejia agreed that the proposed budget be discussed on second reading, he, as the chairman on the committee on rules, was not consulted, hence, “the move to delete the proposed ordinance deletion in today’s agenda”.

Erfe-Mejia meanwhile, also argued that Section 323 is no longer applicable, since the 90-day period already lapsed and the city has already a budget, but albeit a reenacted one, and that there was no provision in the DBM letter that declared the P864.98 million budget inoperative, about a need to pass a news budge.

He also recalled that that he  invited the members of the Local Development Council, local finance committee, the HR and representative of the colleges and universities “to listen and know the truth”.

When there was a reiteration to act on Macalanda’s motion, Vice Mayor Kua eventually accepted the motion that resulted in nominal voting 7-5 in favor the majority. (Leonardo Micua)

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