CH threatens to sue sheriff on Rallos case

The Cebu City government threatens to file an administrative case against Sheriff Eugenio Fuentes if he insists on demanding the bank to deliver the P133million money claim of the heirs of the late Rev. Fr. Vicente Rallos for the lot that is now used by the government as a public road.

Lawyer Jade Ponce, consultant and spokesperson of the city government on the controversial Rallos case, said they will not think twice on taking legal action against Fuentes for continuously violating the court’s internal rules.

“Maybe he’s not reading his rules. This has been going on and on and he still does not understand that there is only one rule to play here and that is to strictly conform with the Supreme Court Administrative Circular 10- 2000,” Ponce said.

SC Administrative Circular No. 10- 2000 states that all money claims against the government must first be filed before the Commission on Audit which must be acted upon by COA within 60 days.

“Disbursements of public funds must be covered by the corresponding appropriation as required by law. The functions and public services rendered by the state cannot be allowed to be paralyzed or disrupted by the diversion of public funds from their legitimate and specific objects, as appropriated by law,” the circular reads.

If the claim is rejected by COA, this is the time that the claimant is authorized to elevate the matter to the Supreme Court on certiorari and in effect sue the state.

“It appears that we have to remind the sheriff that there is a circular which limits its discretion to merely filing before the COA,” Ponce said.

Just this week, Fuentes sent a final notice to the Philippine Veteran’s Bank directing the bank to deliver the P133 million to the Rallos heirs.

Fuentes gave the bank 10 days to comply with the order. The sheriff chose the veteran’s bank because he said that the city’s deposit in this bank is not covered by an ordinance allocating the money for a specific purpose or project.

Fuentes even warned the bank that it will be cited for contempt if it fails to comply with the order.

“It is a good thing that the banks are now aware of the SC rule. Earlier, we furnished them a copy of the COA letter,” Ponce said.

Earlier, COA wrote the city and warned to hold the city officials liable should they fail to protect the city’s funds against garnishment.

COA said that garnishment of the city government’s bank deposits for the Rallos heirs based on a writ of execution violates certain laws and provisions.

COA- 7 director Delfin Aguilar said that the issuance of writ of execution for the satisfaction of the money judgment against the city may be considered beyond the powers of the court.

COA said the Rallos case is considered a money claim, thus, it is within the original jurisdiction of the Commission Proper ( CP) of the COA and which shall be filed directly with the Commission secretary.

Ponce just laughed at the scheduled auction on April 10 because he said that it will be considered null and void.