Court junks majority bloc’s TRO petition vs annual budget
THE prayer of four members of the majority bloc of the Sangguniang Panlungsod for the issuance of Temporary Restraining Order (TRO) seeking to stop the implementation of the 2023 Annual City Budget amounting to P1.3 billion was denied by the Court last January 12.
Regional Trial Court Judge Michael Paul Israel of Branch 76, rejected the TRO sought by Councilors Alvin Coquia, Librada Reyna-Macalanda, Redford Erfe-Mejia and Marilou Fernandez.
Respondents to the petition were Mayor Belen Fernandez, Vice Mayor Bryan Kua, Councilors Michael Fernandez, Jeslito Seen, Dennis Canto and Marcelino Fernandez, and City Legal Officer Aurora Valle, also acting City Administrator.
The petition sought to stop the implementation of the 2023 annual city budget based on the contention that the Appropriations Ordinance that enacted the annual city budget was illegally passed, that it was approved by a simple majority but not by a qualified majority.
The four filed the petition despite records of the proceedings during the SP last September 23 that when the measure was put to a vote, no one from the majority interpose objection nor introduced any amendment, citing the records of the secretariat as well as the actual video footages during the session.
In a talk to newsmen, Mayor Fernandez said the four SP majority members wanted to restrain the increase of salaries of employees, loyalty pay and retirement pay of employees which were already given; stop the allowance of 5,000 scholars which were also already given; and stop the implementation of 20 of 23 projects, all of which are already ongoing.
“Salamat naman at hindi sila pinakinggang ng Korte. Tuloy lahat ang mga project, Wala nang isasauli na salary increase, loyalty pay at retirement pay ng mga empleyado at mga allowances ng mga scholars,” Fernandez said
The majority used the case, invoking the subjudice rule, to reject the supplemental budget No. 2 that sought to provide: P20,000 special recognition incentive to each regular employee; P5,000 gratuity pay to each job order employee and consultant; and, allotments for vehicles, equipment and tools for use of waste management office and other offices; and Supplemental Budget No. 1. (Leonardo Micua)
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