Tupas seeks DBM say on Appropriation Ordinance No. 2008-02
Mandatory review has been sought before the Department of Budget and Management (DBM) by Governor Niel Tupas Sr. on Appropriation Ordinance (AO) No. 2008-02 series of 2008.
AO 2008-02 contained the P37.9 million appropriation for the salary adjustments cum wage increase of Capitol workers.
Governor Tupas told the DBM, he "purposely" took no action on said appropriation measure thus allowed such to become an ordinance after the 15-day reglementary period.
"While I abstained from exercising my power to veto this measure, let me make it clear that I have strong objections pertaining to the legality of the ordinance," Tupas wrote as addressed to DBM Regional Director Nilo Buot.
And two "fatal defects" were present, the governor said foremost of which was that the statutory appropriation have been excluded.
Tupas pointed out how the Iloilo Provincial Government got DBM notification on final Internal Revenue Allotment (IRA) share for 2008 increased to over P977 million from previous P882 million.
Over P95 million in difference was to be the fund source of Tupas to cover 10-percent salary adjustments for Capitol officials and employees.
"In its stead, the Sanggunian enacted this present Ordinance for the amount of P37,911,677.75 to "implement Local Budget Circular No. 88 dated June 20, 2008." The entire appropriation ordinance was specifically for the implementation of the 10-percent salary adjustment. It failed to appropriate the statutory and mandatory 20 percent of the under-estimated IRA share of the province for Development Projects and 10-percent calamity fund," the governor continued. "…The DBM has consistently ruled that appropriations ordinances that do not include statutory obligations are not valid hence inoperative. This Ordinance is thereby illegal, invalid and inoperative if we go by previous rulings of your agency. But we will leave it to your agency to pass judgment on this issue."
Second contention of the governor in seeking mandatory review was that budget process "as enshrined in RA 7160 disregarded."
"These are just two of the fatal defects that I wish to cite concerning this appropriation measure. I trust that your agency will be guided properly in your review and evaluation of this Ordinance in the exercise of your mandated oversight powers over local budgeting issues," Tupas ended.