Valle: Court decision denying petition is “immediately executory”
OPPOSITION CANNOT STOP FUNDING OF PROGRAMS
THE denial by the Regional Trial Court (RTC) of the prayer for preliminary injunction sought by four of the seven majority councilors against the respondents led by Mayor Belen Fernandez stopping the release of funds in the 2023 annual budget is “immediately executory”.
This was clarified by City Legal Officer Aurora Valle who told newsmen “immediately executory” means that the city government cannot be stopped by the opposition in the Sanggunian Panlungsod from releasing funds to support implementation of programs set by the Belen Fernandez administration.
Valle said even if an appeal for reconsideration of the decision of the court is filed, she said the order of the court has to be implemented immediately, even after both parties—petitioners and respondents—were asked by RTC Judge Michael Israel to file their respective position papers on the decision.
The petitioners are Councilors Maria Lourdes Fernandez, Librada Reyna-Macalanda, Alvin Coquia and Redford Erfe Mejia, all members of the majority in the city council.
Respondents aside from Mayor Fernandez are Vice Mayor Bryan Kua, Councilor Michael Fernandez, Jeslito Seen. Dennis Canto, Marcelino Fernandez and former Councilors Joshua Bugayong and Valle herself.
The prayer for preliminary injunction was the second case denied by RTC Judge Israel.
The first denied case was a petition for the issuance of a temporary restraining order stopping the release of funds as provided for in the 2023 annual budget.
Valle asserted that the denial of the second petition by the court, Mayor Fernandez, as chief executive of the city, cannot be stopped from releasing the appropriations in the 2023 annual budget.
The two petitions of the opposition, she said, wanted to stop the releasing of funds for programs projects and services of the city government already being implemented, and to withhold the increase of salaries of employees, including additional funds under the scholarship program.
Also, the contractors of the completed projects were already paid. “What is there to stop? Mayor Fernandez said that the objective of the majority councilors is to make everyone who benefitted from the programs to return the monies spent. (Leonardo Micua)
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