Court won’t let firm ferry people

Pielago said that the school received a notice issued by DepEd Cebu City Schools Division Superintendent Dr. Bianito Dagatan, informing them that the division office will no longer pay for CCNSHS’s electric consumption.

Because of this, the school has asked the City Government to shoulder their monthly electricity bills.

The City Government, however, can’t grant the school’s request.

“We’re (City Government) not allowed to pay for electricity. It’s easier said than done. That means that we have to go to the Commission on Audit (COA) and have it approved first. COA might disallow it. You can’t just tell COA that you have no money when you have an MOOE,” Young said.

The councilor also called the attention of DepEd to address the matter.

“DepEd is putting up all these technologies in science high and these eat up a lot of electricity. This is something the division office should consider,” he said.

“I am not going to risk something, which I might end up paying for years from now. I’m not saying, ‘No, the City does not want to help.’ I’m just saying that there is a COA memorandum. They should find a way to lobby with DepEd,” he said.

Young suggested that the DepEd Central Office consult the schools on how much their utility bills would cost to ensure that the MOOE will be enough to cover expenses.

What’s allowed?

The Local Government Code empowers cities, towns and provinces to collect a Special Education Fund, equivalent to one percent of the assessed value of real properties in its jurisdiction.

However, strict conditions govern the use of the fund.

It can be used to build or fix school buildings, buy equipment, support research, pay for books and periodicals, and support sports development activities. It can also be used to operate and maintain public schools.

Under a joint circular issued in 2017 by the Department of Education, Department of Budget and Management, and Department of the Interior and Local Government, the SEF may be used to pay “for expenses pertaining to the operation of schools, which may include utilities and communication expenses.” Sulpicio Lines, Inc. (SLI) can continue to ferry cargo, but not passengers.

The Court of Appeals dismissed the petition of SLI, now known as Philippine Span Asia Carrier Corp., to have its license to carry passengers reinstated.

The operator of the Princess of the Stars should have availed itself of all administrative remedies before filing an appeal at the appellate court, the CA ruled, in a report first published yesterday by Rappler.

“SLI’s failure to appeal to the Office of the President before filing the instant petition before this Court is a premature invocation of the Court’s intervention, thus denies SLI a cause of action for judicial relief. Direct recourse to this Court, when administrative remedies are still available for Sulpicio, is a ground for the dismissal of the petition,” the CA said.

In December 2009, Sulpicio Lines changed its name after it suffered a major loss with the sinking of the MV Princess of the Stars at the height of Typhoon Frank. The Cebu-bound ship capsized off Sibuyan Island in Romblon Province last June 21, 2008, leaving 227 people dead and 592 missing. Only 32 people survived.

The Securities and Exchange Commission approved Sulpicio’s change, which was initiated via a resolution following a majority vote of the board of directors and stockholders last Dec. 19, 2009.

Sulpicio filed an appeal before the CA after the Maritime Industry Authority (Marina) cancelled its certificate of public convenience to carry passengers in 2015. Marina held that the vessels Sulpicio owned can carry only cargo and not passengers. Sulpicio filed a motion for reconsideration, but the court denied it in 2016.

Payment of expenses pertaining to the operation of (public) schools, which may include utilities and communication expenses. Among the expenses chargeable against the Special Education Fund under a joint circular issued in 2017 by DEPED, DBM AND DILG