Sonny O, 4 others face raps

Toledo City Mayor John Henry “Sonny” Osmeña and other officials of the city are facing charges before the Ombudsman for abuse of authority for allegedly passing and approving the 2014 budget illegally.

The cases against Osmeña; Vice Mayor Antonio Yapha Jr.; and Councilors Leo Dolino, Merly Abad, and Zosimo Abellanosa

were filed by councilors Ricardo Pepito, Antonio Borja Jr., Rogelio Caburnay, Louis Nicholas Espinosa, Helen Jill Espinosa and Edgardo Aguilar who compose the majority of the City Council.

Lawyer Judilyn Tapia assisted the councilors in filing the complaint yesterday.

The complainants alleged that there was no quorum during the special session when the questioned ordinance was passed on March 27 and Osmeña approved the same on the same day.

Present during the special session were Pepito, Helen Jill, Dolino, Abad and Abellanosa.

Earlier, Regional Trial Court Executive Judge Hermes Montero of Branch 59 in Toledo City issued a 20-day Temporary Restraining Order to stop the disbursement of the P619 million annual budget. The TRO expired on May 10.

Citing the TRO, Osmeña, through his secretary Rebecca Baladya, issued a notice on April 16 that the salaries for City Hall employees from April 1 to 15, 2014 could not be paid on time.

This prompted the complainants to file separate charges of abuse of authority and libel against Osmeña and Baladya for delaying the release of the salaries. They said the case was meant to declare the budget ordinance null and void and did not have anything to do with the salaries of the City Hall employees.

“The respondents very well knew that when there is no budget appropriation for the year, a reenacted budget takes place wherein the salaries of the employees are very much protected and assured,” they claimed.

Section 323 of the Local Government Code provides that only the annual appropriations for salaries and wages of existing positions, statutory contractual obligations, and essential operating expenses authorized in the annual and supplemental budgets for the preceding year shall be deemed reenacted and disbursement of funds shall be in accordance therewith.

“The salaries of the government employees are due them and cannot be withhold without lawful cause,” they said.

The complainants asked the anti-graft office to suspend Osmeña and Baladya preventively to prevent them from manipulating records. They said even the government’s contributions and remittances were withheld.

Helen Jill said around 700 employees were affected by the delayed release of salaries which was already experienced even before the issue of the 2014 budget.

Osmeña, for his part, said he just obeyed the order of the court.

“I laugh it off, that only show their ignorance and their lack of understanding of what they are doing,” he said.

Meanwhile, Osmeña also faced a separate charge of illegal use of public funds and property for holding office at the city-owned Travelers’ Inn. Osmeña has held office there since he assumed office on July 1, 2013 to be closer to the people.

The complainants cited Section 11 of the Local Government Code that if the seat of government especially the office of the chief executive will be transferred, there are two legal requirements that have to be followed, including a public hearing and a vote of 2/3 of all the members of the City Council.

Section 12 of the Code provides further that a government office should be located in one government center and that is the City Hall.

They alleged the existing office of the mayor at Traveler’s Inn did not comply with the requirements of public hearing and without permission from the Council.

“The taxpayers have suffered the inconvenience and additional expenses when transacting business which involved the signatures of the City Mayor,” the complaint reads.

Osmeña explained he did not transfer the seat of government but the facility is owned by the city.