CATBALOGAN CITY, Samar — After a 20-day temporary relief obtained by petitioner Board Member Alma Uy via a TRO against the proposed 800 million pesos borrowing ordinance passed by the Samar Sangguniang Panlalawigan last month, the Regional Trial Court (RTC) Branch 29 here on Monday lifted the said TRO and further dismissed all other petitions relative to the case.
In said order obtained by the Aksyon Radyo Catbalogan , RTC Branch 29 Judge Agerico Avila penned that from the petitioner’s witness, “there appears no irregularity in the passage of the joint committee reports, the resolutions oft-mentioned and the ordinance assailed.”
The Court cited, that the alleged existence of two contradictory committee reports with one that recommended a loan with the DBP and the other with the LBP holds no water.
“These reports were designed to guide the August Body in their legislative work. They can be considered or rejected.” the decision said.
Further from the said Court Order, “the existence of two borrowing ordinances proved ineluctably untrue since only the authority of the Governor to borrow from LBP was enacted”, while the “deliberation of the SP of Samar indicated that the members weighed the advantages offered by the LBP” said the court documents.
Judge Avila further noted, that the questioned insertion of the joint committee report in the agenda of the Samar SP October 22 Session, “was quite regular and not in anyway prohibited by the internal rules of procedure adopted by the SP of Samar”.
The judge likewise took note in his penned decision that the Province of Samar is capable of paying the loan to be contracted not only because of its Internal Revenue Allotment (IRA) allocation but will only expend the twenty percent of its development fund to pay for the instalments.
“All the infra-structure programs were included and consistent with the Annual Investment Plan (AIP) of the province, elsewhere stated, the budget for other social services will not be affected” as told further by the court decision.
Moreover, Judge Avila cited that the economic benefit that the infra-structure projects will produce to the province is a policy decision that cannot be estimated by the most accurate feasibility studies.
“Similarly, situated are the constructions of school buildings, bridges, health canters, wharves and the like, no matter how feasible they are, same are still subject to destruction from typhoon, fire, earthquake, landslides and similar calamities are all speculative” Judge Avila said in his decision.
From the said findings, the Court resolved to dissolve the TRO it issued on December 14, 2015 which prevented the implementation of Ordinance No. 14-062-15 by Samar Governor Sharee Ann Tan, and further dismiss other petitions for insufficiency of factual and legal basis of the cause of action on record, and failure to show by clear and convincing evidence that there were irregularities in the passage of the resolutions adverted to and the borrowing ordinance oft-mentioned, so as to overcome the presumption of regularity.
As this develop, in an internet post by petitioner Board Member Alma Uy, she said that the decision to dismiss her Petition for Certiorari and Prohibition was quite premature, and with indecent and suspicious haste.
“The hearing for the main case is set on January 6, 2016, and there was no presentation of evidence yet, and here comes a dismissal order?” BM Alma Uy said.
She assured though that a Motion for Reconsideration against the said decision will be filed in the coming days, and might include the inhibition of Judge Avila. (AKSYONRADYOCATBALOGAN.COM)
