Court sets ‘summary hearing’ on Capitol budget battle
Top officials of the Iloilo Provincial Government will soon be back in Court for the yet to be resolved legal battle on the province’s Executive Budget.
This, following a Court Order on a scheduled “Summary Hearing” on the matter of issuance of a Temporary Restraining Order (TRO).
Docketed as Civil Case No. 09-29961, petitioner is Governor Niel Tupas Sr. representing “The People of The Province of Iloilo.”
Named respondents are members of the Sanggunian Panlalawigan (SP) led by Vice Governor Rolex Suplico.
The Order calling for the presence of both petitioner and the respondents was issued by Judge Jose Azarraga of Branch 37, 6th Regional Trial Court.
The “Summary Hearing” will be on the prayer of the respondent SP for Preliminary Mandatory Injunction and TRO. This, alongside the earlier Answer filed in court with Counter-claim.
Summary hearing is slated on Monday, March 9th. The SP in this particular Civil Case is aided by lawyer Pablo Tolentino as private counsel.
To recall, Governor Tupas hurled the SP body in Court seeking declaratory relief/judgment on the validity of Appropriation Ordinance (AO) No. 2008-05 Series of 2008.
AO 2008-05 enacted Annual Appropriations for the Province of Iloilo for the fiscal year 2009.
Appropriation Ordinance No. 2008-05 was questioned by Tupas saying such was “ultra vires, illegal, unconstitutional and prejudicial to public welfare and national policy.”
If the governor’s Executive Order No. 001 series of 2009 is to be followed, the province is supposed to operate on the reenacted 2008 budget.