Guv to Capitol chiefs: 'Follow me'; SP retorts: 'Follow us'
Tupas
And the saga on the now highly-controversial Executive Budget of the Iloilo Provincial Government (IPG) continues.
The main question up front – Is Governor Niel Tupas Sr. on the right or is it the 9th Iloilo Sanggunian Panlalawigan (SP) who has the rightful stance on the issue?
Top Capitol chiefs at one point heeded the SP in a February 12, 2008 letter sent to the Governor.
"In the regular session of the 9th Sanggunian Panlalawigan of Iloilo held at the Session Hall of the Iloilo Provincial Capitol, this City today, February 12, 2008, the Sanggunian of Iloilo by 2/3 votes of its members had overridden your veto of Ordinance No. 2008-01-A entitled: "Enacting and Adopting the Annual Appropriations (General Fund) for the Province of Iloilo for Fiscal Year 2008 amounting to P862,508,899.14," the letter began."In view thereof, and as provided under the DBM's Budget Operations Manual for Local Government Units, the above-mentioned ordinance even without being presented and approved by the local chief executive for reconsideration has already become effective by operation of law, effective of even date.For your information and guidance."
Sullivan
The letter was signed by Provincial Budget Officer Elena Lim, Provincial Treasurer Melba Sullivan and Provincial Accountant Lyd Tupas.
The letter lasted a full 48 hours with Governor Tupas responding in Memorandum Order 019 addressed to the trio.The governor was precise with his order - "..you should continue to disburse funds based on the re-enacted 2007 annual budget."
The big difference between the two budgets remains on the major cuts as approved by the SP body.The governor as per provision of the law vetoed such yet the SP as a counter-veto move managed to override such following the mandated 2/3 votes cast by the body.
Governor Tupas insists though that he is the one with the right call on the issue.
Lim
"Appropriation Ordinance No. 2008-01 as passed by the Sangguniang Panlalawigan is ultra vires, prejudicial to the general welfare, illegal and unconstitutional hence null and void.The override by the Sangguniang Panlalawigan of my veto of said ordinance could not validate a void ordinance.A Petition to declare said appropriation ordinance as unconstitutional and illegal, hence, null and void, was filed in Court," the governor stated while ending the office memo with "For strict compliance."
Further still was yet another instruction - "During the pendency of this case, the Province of Iloilo shall continue to operate under the re-enacted 2007 annual budget."
A conference with the Capitol chiefs was called last week by the governor.Capitol sources told The News Today (TNT) that reiterated was the "follow me" stance of Tupas.Those not inclined to do so was "advised" to go on leave.
For Third District Board Member Arthur Defensor Jr., enough is enough.
"That position of the governor has no legal basis whatsoever.And so my advice to the department heads, follow us in the SP because we are confident of our legal position.In fact, we welcome that it is now in Court.But meantime, the budget as we approved is operative and it must be operative.They have great risks if they will follow the governor while no risk at all if they listen to us," Defensor Jr. said in a The News Today (TNT) interview.
While named as among the respondents in the case filed relative to the budget, Defensor Jr. has also now opted to enter his appearance as collaborating counsel.
To recall, a Temporary Restraining Order (TRO) sought on the issue was denied by the local Court.The legal battle continues with yet additional complaints filed.
The "Tupas budget" was over P1 billion in planned 2008 expenditures yet the SP body in a legislative decision made a P139 million cut placing the SP version of the budget over P862 million.