Court upholds Talisay City Council in budget dispute
THE Regional Trial Court (RTC) Branch 65 dismissed the petition for mandamus filed by Talisay City Mayor Johnny V. delos Reyes against the City Council after they passed last year’s reduced budget.
In a Feb. 26 ruling, RTC Branch 65 Judge Glenda Go said contrary to the mayor’s allegation, the council didn’t commit grave abuse of authority when they passed the 2015 budget with major cuts.
The court said what the council did is valid and within their authority.
“Other than the bare assertions of petitioner (Delos Reyes), there is nothing to show neglect and grave abuse of authority on the part of respondents,” Go’s decision read.
Named respondents in the case were most of the council headed by Vice Mayor Romeo Villarante.
The mayor’s allies, Councilors Valeriano Ylanan and Dennis Basillote, were not included in the complaint.
Judge Go said the petition for mandamus cannot be applied in this case since the nature of a mandamus petition is to compel an officer to perform a ministerial duty but not a discretionary function.
“In the present case, the act sought to be performed is a discretionary duty. The approval of an appropriation ordinance involves the exercise of discretion. The petitioner himself alleges that it is among the functions of respondents to deliberate, approve and enact appropriation ordinance for the annual budget of the City of Talisay, Cebu,” Go said.
A hearing was called last Nov. 27, 2015 in which the parties were given 30 days to submit their respective memorandum prior to the release of the order.
Delos Reyes alleged that the council approved the 2015 budget with cuts which included reducing the mayor’s intelligence fund from P10 million to only P100,000.
Delos Reyes even filed a separate complaint at the Cebu Provincial Board but the PB ruled that the budget cuts were done principally to protect the city’s coffers and not for political reasons.
Villarante said the court decision only affirmed the council’s function to evaluate the budget and decide what budget items to reduce or remove.
The vice mayor said they will pass the 2016 budget on or before March 15.
Talisay City Hall is still operating on last year’s budget. The council has until March 31 to approve the proposed 2016 budget.
If the budget is still not approved by then, the city government will operate on the 2015 reenacted budget.
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