CEBU -- The Cebu Provincial Board (PB) passed next year's P3.09-billion budget ordinance, after a judge denied the vice governor's petition for a restraining order.
Before the PB approved the budget on its second and third readings, Vice Gov. Gregorio Sanchez Jr. asked PB Member Agnes Magpale to preside, saying he has some visitors to attend to.
"I just don't want to be a part of what they're doing so all of them will be happy, because if I will continue, daghan pa kaayong mahitabo (so many things could happen)," Sanchez later told reporters.
Regional Trial Court Branch 18 Judge Gilbert Moises said Sanchez failed to prove that Capitol officials violated the law and "deprived him of a clear and legal right," so there was no need for a temporary restraining order.
Gov. Gwendolyn Garcia welcomed the court's decision. Had a restraining order delayed the passage of the budget, the Province would have had to reenact this year's budget.
"I'm really very happy for them, our Capitol employees, because, you know, with very few exceptions, we have seen the transformation of our Capitol employees into sincere, dedicated public servants as well," she told reporters.
Under a reenacted budget, she said, the employees will not be able to get the salary increase they deserve and casual workers will have no job security.
More than 40 members of the Provincial Employees Association of Cebu (Peace) applauded after the budget was approved unanimously yesterday afternoon.
Sanchez also did not attend the caucus before the session.
His lawyer, Oliveros Kintanar, said they "strongly disagreed" with the ruling but will not file a motion for reconsideration.
The PB deferred its discussion on the budget last Dec. 6 after Sanchez asked the court to issue a restraining order on the "illegal, highly irregular and arbitrary" budget proposal.
Named respondents in his petition were Governor Garcia and all members of the PB, except Sanchez's political ally, Member Arleigh Sitoy.
In his order, Judge Moises said that while the appropriation for the legislative office was slashed by about 61 percent, Sanchez failed to explain how his office would suffer.
"The fact alone that most of these items were transferred to the Office of the Governor does not necessarily mean that his constituents or any sector of the Province of Cebu would be deprived of basic services," said Moises.
No assurance
Citing the Supreme Court's ruling in Almeida v. Court of Appeals, Moises ruled: "An injunctive remedy may only be resorted to when there is a pressing necessity to avoid injurious consequences, which cannot be remedied under any standard compensation. The possibility of irreparable damage without proof of an actual existing right would not justify injunctive relief in his favor."
Sanchez, in an interview, said the approval of the budget will mean his staff has no assurance that their job contracts will be renewed for next year.
"In fact, pagkadawat namo sa denial ang uban tawn namong mga tawo diri nanghilak. Pero sige lang, unsaon man, ihangad na lang na sa langit. But ako silang gipahibaw, I really tried my best. Pero unsa man gani ang mahitabo, sa gobernador na na tanan (When we received the denial, some of our workers here cried. But what else can we do? I told them I tried my best. But the governor will be responsible for whatever
happens)," he told reporters.
Sanchez did not preside over the PB session yesterday.
"I can ask so many questions but even if I throw a thousand questions, that will not matter because it (the budget) will still be approved," he said.
The vice governor also withdrew yesterday his petition for mandamus, filed last July 15. In that case, he questioned the governor's authority to cancel or terminate the service contracts of nine consultants in his office.
