DILG Rebuffs VM Rosario, SB on Excessive Use of Power

AFTER BINMALEY MAYOR PROTESTED

By Mortz C. Ortigoza

BINMALEY, Pangasinan - The Department of Interior & Local Government (DILG) repudiated the arbitrariness of the lawmaking body headed by Vice Mayor Sammy Rosario by excessively imposing its legislative power to the executive branch of the local government unit (LGU) here.

DILG Region-1 Director Agnes de Leon refuted the imposition of Section 5 of the Appropriation Ordinance No. 3, Series of 2022 passed by the sanggunian bayan (legislative body) after Mayor Pete Merrera vigorously questioned them in a letter sent to the DILG Regional Office in San Fernando City, La Union.

SCHISM between Binmaley Mayor Pete Merrera and the lawmaking body of the local government unit headed by Vice Mayor Sam Rosario on the prior approval provision of the Appropriation Ordinance No. 3 of 2022.

INVALID 

Section 5 (Other Provisions) of the Appropriation Ordinance according to Director De Leon was invalid because it contradicted the specific provision of the Local Government Code (LGC) expressly granting the power of the municipal mayor to exercise general supervision and control over all programs, projects services and activities of the municipal government.

“By requiring the municipal mayor to submit with the Sangguniang Bayan (SB) an Implementing Rules and Guidelines (IRG) with regard to specified Plans, Projects and Activities (PPAs) of the municipality and subject to the approval of the SB through a resolution before said PPA are implemented, it is like indirectly usurping the power of the municipal mayor to exercise general supervision and control all programs, projects, services, and activities of the municipal government,” De Leon wrote.

The Director found no cogent reason for the subsequent approval of the SB from the mayor.

“Otherwise stated, the implementation of PPAs by the municipality will now be subject to the approval of the SB which is contrary to the LGC provision which gives the power to the municipal mayor to exercise general supervision and control over all programs projects services and activities of the municipal government”.

NO LONGER NECESSARY

 De Leon said the imposition by the SB was no longer necessary as transparency and accountability in the disbursement of the municipal fund are already governed by the LGC and other government auditing and accounting rules.

She cited the disbursement of local funds and statement of accounts in Section 346 of the LGC that says: Disbursements shall be made in accordance with the ordinance authorizing the annual or supplemental appropriations without the prior approval of the Sanggunian concerned. Within thirty (30) days after the close of each month, the local accountant shall furnish the Sanggunian with such financial statements as may be prescribed by the Commission on Audit (COA). In the case of the year-end statement of accounts, the period shall be sixty (60) days after the thirty-first (31s) of December.

In conclusion, the DILG found no applicable provision of law, jurisprudence and/or the Constitution to support the imposition of the condition set forth by the SB in the appropriation ordinance requiring the mayor to submit the IRGs with respect to the implementation of the PPA’s subject for approval by the SB through a resolution.

TARGET OF THE SB, VEEM

 The Plants, Projects and Activities that become the target of the SB under Rosario are the special program for the employment of students amounting to P700,000.00, tulong pangkabuhayan amounting to P250,000.00, Corona Virus Disease-19 response amounting to P1,000,000.00, aid to individual in crisis situation amounting to P2,500,000.00, provision of medical assistance amounting to P1,500,000.00, Binmaley Scholarship Program amounting P100, 000.00, annual incentives for all senior citizens amounting to P4, 000, 000.00, supplemental feeding program amounting to P1,300, 000.00, distribution of certified palay seeds amounting to P1,000, 000.00, fingerlings dispersal amounting to P4,00,000.00, purchase and distribution of organic fertilizers to rice farmers amounting to P800,000.00, Sigay Festival Town Foundation Day Celebration amounting to P1,500, 000.00, provision of medical hospitalization aid to barangay amounting to P400, 000.00 and Bloom Binmaley Program amounting to P4,000,000.00.

EXCEPTION

As an exception, De Leon cited that the lawmaking body can impose its prior approval as provided in the Local Government Code when the mayor represents the municipality in a business transaction and is signing on its behalf all bonds, contracts and obligations and such other documents made pursuant to law or ordinance.