Legal battle begins as guv seeks Court intervention over slashed '08 budget
A legal battle is in the offing in the Iloilo Provincial Government with top Capitol officials at the helm of the fight.
Officially set to be a bout between the Executive and Legislative Departments, center of the controversy is this year's Executive Budget. Originally pegged at over P1 billion, the amount has since faced major cuts from the 9th Iloilo Sanggunian Panlalawigan (SP) causing anew a rift between Governor Niel Tupas Sr. and nephew, Iloilo Vice Governor Rolex Suplico.
Tuesday had Vice Governor Suplico on the rebound as he stood pat on the earlier objections raised against his uncle's planned expenditures. The final SP-approved budget was over P139 million less or a current appropriation of P861,189,878.77. The governor has called the SP cut as unconstitutional and illegal thus moving for its veto. Expectedly, the counter-veto move came in a 10-2 vote backing the position of the Vice Governor as contained in Appropriations Ordinance No.2008-01.
Yet it was not to be the end of the story for Governor Tupas with The News Today (TNT) getting hold of a Petition for declaratory judgment on the validity of the controversial Appropriation Ordinance. Set to be filed at the Branch 66 of the 6th Regional Trial Court in the governor's hometown in Barotac Viejo, Iloilo, sole petitioner is Governor Tupas while named respondents are members comprising the entire SP body.
The Governor's petition opened with an assertion, "An ordinance to be valid must not contravene the Constitution and statutes. It must not be unfair and oppressive. The measure should also not be partial or discriminatory. Neither must it be prohibitory but only regulatory of trade. It must general and consistent with public policy."
As such, main contention of the Petition is to seek declaratory relief while questioning the legality and validity of Appropriation Ordinance No. 2008-01-a.
To note, members of the SP body in a legislative action approved Committee on Appropriations recommendation for said major cut. The legislative slash reached over P139 million, the "savings" primarily to be felt by the Office of the Governor.
In favor of the override were board members Richard Garin, Macario Napulan, Mariano Malones Sr., Arthur Defensor Jr., George Demaisip, Jesus Salcedo, Jett Rojas, Cecilia Colada, Jeneda Salcedo and Giuseppe Karl Gumban.
While, board members June Mondejar and Shalene Palmares-Hidalgo voted against the override of the Governor's veto. Board Member Rodolfo Cabado was not present during Tuesday's session.
Before the votation, Vice Governor Suplico, chairman of the Committee on Appropriations, delivered a privilege speech answering "point by point" the issues raised by the governor in his veto message.
Suplico defended the deletion of the appropriations for the positions of Executive Assistant IV occupied by Governor Tupas's wife Myrna and Executive Assistant II occupied by Levy Buenavista citing Sec. 325 of Republic Act 7160, otherwise known as the Local Government Code of 1991, which he said applies only to career positions in the official plantilla.
Suplico noted that Mrs. Tupas and Buenavista are primarily occupying confidential positions in the Office of the Governor, thus, "it is within the powers of the (SP) to adopt a policy for the (removal) of the appropriations for these positions..."
Suplico also maintained that both Provincial Administrator Manuel Mejorada and Provincial Legal Officer Atty. Salvador Cabaluna are "usurpers and are not employees of the Iloilo Provincial Government."
He said, "the Civil Service Commission, through its Regional Office No. 6, in its letter dated August 15, 2007, declared that the positions of Provincial Administrator and Provincial Legal Office are 'considered vacant'."
Suplico also defended the deletion of the appropriations for vacant positions saying the move is "in the interest of efficiency and economy and the promotion of the general welfare."
Suplico also disputed the several cited citations made by Governor Tupas in his veto message.
The vice governor also said that Tupas forgot what legislative power is when he said that "the Sangguniang has no power to revise the priority goals and objectives of the Province by emasculating, castrating and mutilating the proposed budget and substitute its own will as to how the budgetary appropriations will be spent."
"He also forgot the principle of separation of powers and its corollary principle of checks and balances. This is elementary, so elementary that not to know this would constitute gross ignorance of the law. It may tremendously benefit the province if the Governor revisits the law," Suplico said.
The vice governor said, with the override of the Governor's veto, the approved Executive Budget, 'as slashed,' takes effect immediately.