PASSAGE OF 2023 ANNUAL BUDGET IS LEGAL

THE opposition, which comprises the majority in the Dagupan Sangguniang Panlungsod, suffered another setback when Branch 76 of the Regional Trial Court in Dagupan City denied their prayer for preliminary injunction during a court hearing on April 18.

Denied by RTC Judge Michael Israel was the prayer for preliminary injunction of the seven majority councilors to command officials of the city to stop the use and implementation of the 2023 annual budget which they claimed was illegally passed during the September 26, 2023 SP session.

City Legal Officer Aurora Valle, who defended the respondents, said the prayer for issuance of preliminary injunction was on top of the petition for restraining order filed by the seven councilors which was already denied by Judge Israel.

Named respondents in the case are Mayor Belen Fernandez, Vice Mayor Bryan Kua, and Councilors  Michael Fernandez, Jeslito Seen, Dennis Canto, Marcelino Fernandez and former Councilor Joshua Bugayong.

This was considered a significant victory of the five minority councilors because the court upheld the validity of the appropriations ordinance that enacted the P1.3 billion annual budget which the opposition lawmakers claimed as illegally passed.

Atty. Valle argued that the prayer for injunction of the seven majority councilors was off tangent, unlawful and will never succeed.

“It’s what we lawyers call moot and academic. Projects can no longer be undone. The salary increase of employees were already given and can no longer be taken back from them, projects were already contracted and are already ongoing,” Valle intoned.

She said the decision means that all the programs and projects and services of Mayor Fernandez will continue till their completion and nothing can stop these now.

The seven majority councilors, Librada Reyna-Macalanda, Alvin Coquia, Celia Lim, Marilou Fernandez, Alfie Fernandez, Redford Erfe-Mejia and Irene Acosta-Lim, argued that it was only a simple majority and not a qualified majority as required by the local government code and jurisprudence that approved the 2023 annual budget and therefore they considered it as “illegally passed”.

Commenting on the action of the judge regarding the seven councilor’s prayer for injunction, Mayor Fernandez said the opposition wanted all the services, projects and programs of the city to come to a halt, “but thanks to Judge Israel for denying their prayer.”

She said 90 percent of the infrastructure projects funded by the 20 percent development fund in the 2023 annual budget are now ongoing and some of them are now about to be completed.

Still, the seven councilors wanted all works on these projects stopped and the completed roads to be scrapped, the mayor added. (Leonardo Micua)

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