Guv vetoes 2 major cuts in supplemental budget
For the first time in his more than six years in office Iloilo Governor Niel Tupas Sr. exercised his veto power over the appropriation ordinance passed by the Sangguniang Panlalawigan.
SP recently passed Appropriations Ordinance No. 2007-07 approving nearly P20 million of the P23.9 million supplemental budget asked by the Office of the Governor.
In vetoing certain sections of the ordinance Tupas claimed that the cuts made by the provincial board were "ultra vires or prejudicial to the public welfare."
With a copy obtained by The News Today (TNT), Tupas sent official word to Vice Governor Rolex Suplico stating the approval of Appropriations Ordinance No. 2007-07 "with the exception" of three sections that bore the changes done by the SP.
At the center of the Executive and Legislative conflict were the over P4 million of the P23. 9 million in additional Capitol expense earlier sought by the governor.
Tupas insisted on all P23.9 million however the SP body after "clarificatory statements and justifications on their requests," found particular expenditures unreasonable and unnecessary.
As such, over P4 million was slashed, broken down as P230,000 in office supplies and materials of the Governor's Office, over P1.2 million in general services of the Governor's Office, over P1 million in gasoline, oil and lubricants of the Governor's Office and the P50,000 for office supplies of the city court as sought by the Governor's Office. Further still, was the P2 million in rabies vaccine.
For Tupas, the SP body blatantly erred in slashing and effecting changes on the expenditures as sought.
"Nowhere in the proposal for the Supplemental Budget No. 4 which is the basis for this Appropriations Ordinance can be found any item for anti-rabies vaccines for the Iloilo Provincial Hospital or the 11 district hospitals. Neither is there a request for PhilHealth premiums." the governor wrote Suplico. "Because of this, Section 2 and 3 clearly fall under the definition of "new items" that are expressly prohibited by law. Hence, these constitute ultra vires acts, and must be removed from this Ordinance by way of VETO."
Wrong, too, the governor continued, for the SP body to set guidelines on how he intended to spend the money. (See related story)
In fact, the governor pointed out, the guidelines "must also be deleted from the Ordinance for being redundant and/or prejudicial to the public welfare. "
"There is no need to reiterate that "hiring shall strictly comply with Section 77 of the Local Government Code of 1991." All personnel actions, including hiring, are done in accordance with law. Where it is appropriate, the Civil Service Commission reviews and approves all personnel actions taken by the Iloilo Provincial Government. It is also beyond the power of the Sanggunian to impose a condition "that the Job Hire Contractuals hired from November-December 2007 will not be renewed beyond December 31, 2007," Tupas wrote.
This, as the governor justified the hiring of police as escorts of the province's Bantay Dagat team.
"Every police officer is aware that his or her actions must always be in according with such laws," Tupas said. "The Bantay Dagat of the Province coordinates with the local chief executive but it does not mean that every mission or operation its team undertake must be revealed to the LCE (referring to local chief executive). This is a security measure so as not to compromise the plans and actions of the Bantay Dagat."
The SP in setting up a guideline on this issue called for "close coordination" with town officials and strict compliance of Philippine National Police laws. The SP body further called on monthly reports and "other relevant information" to the provincial board.
Similar Tupas contention and objection on what the SP did in setting a guideline on how the governor's office must spend the money for gasoline.
"The statement on the use of gasoline, oil and lubricants is irrelevant and inappropriate because the rules and regulations of the Commission on Audit (COA) already that matter," Tupas in his letter to Suplico said.
"It is noteworthy to mention that this is the first time I have exercised the power of veto in six and a half years that I have been governor," he ended. "I would have preferred to resolve differences through dialogue. But I have to assert my veto authority in light of these flaws in the Ordinance."
The SP needs a two-thirds vote of all members to override the governor's veto.
Suplico, in a radio interview, said it is the right of the governor to veto certain provisions in an ordinance.
Suplico, who chairs the Committee on Appropriations, said it now depends on the SP members whether to override the governor's veto or not.
"We will know in the succeeding days," he said.