IN a letter from the Minority Councilors of the previous City Council dated July 14, 2022, they had requested that the Sangguniang Panlalawigan declare invalid and inoperative City Ordinance No. 41 (series of 2022) for violating Section 52, paragraph (D) of the Local Government Code of 1991. This provision provides that “In case of special sessions of the Sanggunian, a written notice to the members shall be served personally at the member’s usual place of residence at least twenty-four (24) hours before the special session is held.”
Unfortunately, this has not been followed when the City Council treated and approved Res. No. 41, “Authorizing the City’s Supplemental Budget No. 14 for the Fiscal Year 2022, and Appropriating the Amount of P140,570,000.00 to Fund the Various Object of Expenditure Accounts to be Sourced from the ‘Government Equity Unappropriated Surplus’ of the General Fund, Incorporated under City Development Council Executive Committee Resolution No. 2022-20.”
Part of the P140.5M appropriation includes the Continuance Construction of Shoreline Protection from existing Seawall near Press Club Building going South to Barangay Poblacion 1 for P40 Million, and Construction of Olympic-Sized Swimming Pool at Pantawan (with Roof and Bleachers, CR and Shower Rooms) for P30 million.
Resolution No. 211 declared that the June 23, 2022 Special Session that approved Ordinance No. 41 is INVALID for violating Section 52, paragraph (D) of the Local Government Code.
Both letter of the Minority Councilors and the Res. No. 211 were supported by the Diocese of Dumaguete headed by Bishop Julito Cortes in its letter dated Aug. 4, 2022, addressed to Gov. Pryde Henry Teves and Vice-Governor Carlo Jorge Joan Reyes. It reads in part: “We would like to appeal for your intercession to cause the Sangguniang Panlalawigan to declare the aforementioned Ordinance No. 41, series of 2022, dated July 12, 2022, INVALID.”
The Bishop’s letter also stated that the reclaimed land in Rizal Boulevard, now undergoing further expansion southward, is morally questionable under the social teachings of the Holy Father Pope Francis in his 2015 encyclical Laudato Si’ (On Care for Our Common Home).
The matter was referred to the Provincial Legal Officer. In his legal opinion through his third endorsement dated Aug. 18, he adopted the views of the Minority City Councilors that in approving Ord. No. 41, the City Council of Dumaguete violated Sec. 52, paragraph (D) of the Local Government Code and further agreed that “the approval of said Ordinance is beyond the powers conferred upon the Sangguniang Panlungsod” as mandated by Sec. 56 (c) of the Local Government Code.
The Sangguniang Panlalawigan then enacted Resolution No. 734 during its session on Sept. 12.
Regrettably, their response was cause for too much concern and trepidation. Why disconcerting and very alarming?
SP Resolution No. 734 says that the office of the Provincial Secretary has NOT received the letter of the City Secretary transmitting City Ordinance 41. It further states that they are still in the process of reviewing the 2022 annual budget of the City. Because of this, they cannot review the 2022 Supplemental Budget (or Ordinance 41).
Really now. This sounds too perplexing. Was the Sangguniang Panlalawigan admitting failure that they are not done reviewing the 2022 budget of Dumaguete when the fiscal year 2022 will be over in about two months?
Would that also mean the local government of Dumaguete has been spending money from its 2022 budget without the approval of the Province?
Meanwhile, has Dumaguete started spending that supplemental budget of P140 million for “shoreline protection” (read, reclamation!) even while the Sangguniang Panlalawigan is “still in the process of reviewing it”?
Isn’t this too confusing already? Extremely distressing. And sadistically funny.
The people of Dumaguete are expecting that the Sangguniang Panlalawigan will initiate an investigation if it is true that the City Council has violated Section 52 (D) and Section 56 (C) of the Local Government Code. That way, it can be decided whether or not to declare Ordinance No. 41 as INVALID.
Regrettably, there have been too many expenses already from the 2022 annual budget and from the supplemental budget that has not been reviewed and approved by the Sangguniang Panlalawigan. Is this how things are now in our city?
