Cebu City Mayor Michael L. Rama distributed cash incentives to barangay officials yesterday despite the warning that he should first get clearance from the Commission on Elections (Comelec).
Each of the 80 barangay captains received P15,000 while barangay councilors got P9,000 each. Barangay treasurers and secretaries got P6,000 each.
Comelec prohibits, based on Section 261 of the Omnibus Election Code, the release, disbursement or expenditures of public funds from March 25 to May 8 in line with the May 9 national and local elections.
Rama is not in trouble yet, as Comelec won’t act until a complaint is filed against the mayor.
Jose Nick Mendros, Comelec-7 regional director, said there should be a verified complaint, or a complaint under oath, filed before their office.
Former Mayor Tomas R. Osmeña, who is challenging Rama, said there’s no need for his party Bando Osmeña-Pundok Kauswagan (BO-PK) to file a complaint against Rama.
Osmeña said that with the way Rama is treating laws and regulations, the mayor will find himself in prison in other ways.
“He (Rama) says the Comelec is a bad law. How can he say it’s a bad law?” Osmeña said.
LEGAL BASIS
Mayor Rama witnessed the distribution at the Waterfront Cebu City Hotel and Casino yesterday, but didn’t hand out the cash. He went around the room, though, to greet and shake hands with the barangay officials.
“If you talk about having to get approval (from Comelec), the government will stop. I expect Comelec to think about practicality. This whole thing is part of the normal operations of the government,” Rama told reporters.
He said he was counting on the City Lawyer’s Office’s opinion that the distribution of the incentives to the barangay officials falls under the exceptions to the Comelec prohibition.
“It should be noted that this involves incentives already earned for services previously rendered; there is nothing under the Omnibus Election Code that prohibits the release of funds in connection with such purpose,” read the opinion drafted by City Hall lawyer II Jared Limquiaco and signed by City Attorney Jerone Castillo.
Distribution of the incentives was done in two sessions yesterday. Barangay officials from 34 south district barangays and 15 north district barangays received their incentives in the morning, while those from the remaining 31 north district barangays received theirs in the afternoon.
In a speech, Rama vowed that if he is reelected and Vice President Jejomar Binay becomes president, 90 percent of the city’s budget for infrastructure projects will be handled by the barangays themselves.
“As my president Binay said, as soon as he will become president, everything will be devolved to the local government unit. Ang DPWH dili na maghawd. Ang mga congressman, dili na maghawd. Tanang projects, to a certain limit, iyang ihagbong sa LGU,” Rama said.
CLAIMANTS
Among those who claimed their incentive yesterday were some known BO-PK allies like Tejero barangay councilor Garry Lao and Buhisan Barangay Captain Gremar Barete.
Both officials said they didn’t see any reason not to claim their incentive.
Some tables intended for officials from some barangays though remained empty yesterday morning.
Among the officials who didn’t show up were those from Barangays Labangon, Talamban, Pamutan, Bulacao, Tisa, Pahina San Nicolas, Pit-os, Inayawan, Sambag 2 and Pasil.
Andy Borres, who heads the Barangay Affairs Unit of City Hall, said about 80 percent of the barangay officials showed up yesterday.
Some, who said they couldn’t make it because of other commitments, can still get their incentives directly at the City Treasurer’s Office at City Hall, Borres said.
Tisa Barangay Captain Philip Zafra and Labangon Barangay Captain Victor Buendia said they intend to claim the incentive.
LAW-ABIDING
Tejero Barangay Captain Jessielou Cadungog, however, said he might claim his incentive after the elections if it would still be available.
Mayor Rama said the city will also push through with the distribution of financial assistance to senior citizens and PWDs this month.
The City Legal Office has pointed out that the distribution of the financial assistance is covered by the exemptions of the Comelec ban.
Among the expenses enumerated by the DSWD in its memorandum are expenses for ongoing programs which include Social Pension for Senior Citizens and Assistance PWDs.