CH oks allowance for Fiscal Castro but administrator says city has no budget

CEBU, Philippines - Cebu City Assistant Prosecutor Mary Ann Castro got a favorable response from the City Legal Office who recently recommended the release of her accumulated allowance amounting to P132,500.00.

In the legal opinion of Atty. Jerone G. Castillo which was approved by City Attorney Joseph U. Barnaldez, the latter said he found merit on the contention of Castro who, in an open letter, cited a Supreme Court ruling on the case of Office of the Ombudsman vs. Joel Samaniego.

The SC ruling on the said case stated that “in case the ruling is favorable to the accused, all the salary/backwages and other emoluments will be paid back to the time during the time it was withheld from him.”

“To this contention of Pros. Castro, the undersigned finds credence and merit. In fact, the undersigned believes that it is high time for the City of Cebu to release the allowances due to her especially now that the Sandiganbayan ruled for the dismissal of her administrative case,” Castillo said in his legal opinion.

To recall, Castro’s P5,000 monthly allowance was suspended by then Mayor now Representative Tomas Osmeña when she was charged with an administrative case before the Sandiganbayan for alleged violation of the Code of Conduct and Ethical Standards of Public Officials and Employees.

The period by which her allowance was suspended, which she is requesting to claim now, is from April 16, 2005 to June 30, 2007, which has an accumulated amount of P132,500.00.

City Administrator Jose Marie Poblete said the legal opinion in favor of Castro’s request does not mean that she will be granted the allowance.

Poblete said they still have to seek the approval of Mayor Michael Rama.

“This is only an allowance, a privilege we grant to prosecutors so we can take it back anytime,” Poblete said.

Earlier, Poblete said that the assistance to prosecutors is not obligatory on the part of the city government. Since it is a form of assistance, this may be withdrawn any time.

Pobelete said there was no vested right on the entity or person granted the allowance and that there is no budget that can cover the expense.

Poblete said that they have to appropriate a budget for it first granting that the mayor approves. The city has to make sure first that she was serving the city at the time the allowance was suspended. (FREEMAN)