Court orders TRO: Bocaps, church groups assail release of P46 M Ifugao budget

BY GINA DIZON

LAGAWE, Ifugao- The Regional Trial Court here ordered outgoing provincial governor Glenn Prudenciano and four departmental heads to “cease and desist” from implementing any transaction covered by a questioned supplemental budget amounting to P46.49 million.

A 20-day writ of temporary restraining order (TRO) dated June 19, 2007, issued by Judge Joseph Baguilat stemmed from a petition filed by three barangay chairmen Luis Damuggo, Rogelio Gulguluway Jr, and Rolando Dumapi; and parish priest Rev. Fr. Valentine Dimoc, member of the provincial development council.

The petitioners sought a TRO enjoining respondents Prudenciano, budget officer Virginia Farro, treasurer Samuel Marinay, planning officer Carmelita Buyuccan and accountant Francis Biwit from enforcing the 2007 supplemental budget as it “suffers from various legal infirmities.”

The questioned budget consists mainly of a P33 million “aid to barangays” and the rest of the 46.39 million budget for “assistance” to schools, organizations, cooperatives and churches.

Said budget was approved by the Sangguniang Panlalawigan on June 6 this year acting on an annual investment plan endorsed by the provincial development council .

The court order said the alleged priority development funds were “not identified with particularity but vaguely described”. Among these projects included a 40,000 “aid to Lubu-ong for development projects” and a 50,000 barangay aid to Balangbang for development projects.”

Despite admissions during an earlier provincial development council meeting that the tentative listing of project proposals were not yet final, Prudenciano “hastily approved” the ordinance, the petitioners claimed.

The court also agreed with the petitioners that public funds was appropriated for the benefit of private organizations without complying either with requirements from the Security and Exchange Commission, Department of Labor and Employment or Cooperative Development Authority registration.

The controversial budget identified aid for women, cattle raisers, farmers, loom weavers, and cooperatives.

Petitioners also questioned that the provincial government is mandated by law to implement a 10 percent salary increase of all employees effective July 1, 2007 but the supplemental budget failed to provide provisions for the said increase.

Petitioners also said five percent of the budget estimated at P2.3 million was classified as calamity fund even if there is no pending calamity in the province nor previously reported damages due to a calamity.

Most especially, the court order said that the questioned budget has yet to be reviewed by the Department of Budget and Management, rendering nugatory the review power of the DBM should the budget be implemented without the latter’s action.

Hearing for the issuance of a writ for preliminary injunction was set on July 9.

Earlier, employees here asked Prudenciano to consider them in the preparation of the proposed budget but there were no consultations, sources said.

Said supplemental budget is sourced from the P29.3 million franchise tax on the Magat Dam paid by National Power Corp. to the Ifugao LGU plus a 17 million provincial internal revenue allotment funds for the province.

The Napocor franchise tax was released to the province March this year and was lobbied by former and now incoming governor Teddy Baguilat Jr.

Reports said Prudenciano attempted to have the franchise tax released during the election campaign period but was earlier rejected by majority of the legislative body.

Sources also said board member Lucio Ayahao said the “bill was all about politics” as the losing incumbents will deprive the incoming leadership of funding.

Governor-elect Baguilat said the questioned budget is a “budget for corruption.”