CEBU, Philippines - The Regional Trial Court in Mandaue City has given the Commission on Audit more time to file its answer to the civil case for declaratory relief filed by a state prosecutor whose allowance from the local government unit was disallowed by the agency.
RTC Branch 55 assisting Judge Estella Alma Singco has allowed COA to submit its answer to the petition filed by assistant regional state prosecutor Graeme June Elmido before the scheduled hearing on September 4.
Elmido sought the court’s intervention for the “determination of the interpretation and construction” of Section 8 (a) (i) (xi) of Republic Act 7160 otherwise known as The Local Government Code.
Under the abovementioned law, local government units are allowed to provide additional allowances and other benefits to judges, prosecutors, public elementary and high school teachers and other national government officials stationed in or assigned therein.
Elmido is among the state prosecutors in Central Visayas that were granted a P10,000 monthly allowance by the Mandaue City government. But his allowance was ordered to be suspended by the COA questioning its legal basis.
Elmido argued that his allowance from the Mandaue City is legal and allowed under the Local Government Code.
“The COA cannot just invalidate the appropriations ordinance duly passed by the Sangguninag Panlungsod of the City of Mandaue by questioning its powers to grant allowances to petitioner,” Elmido’s petition reads.
Aside from Elmido, other prosecutors who received Notices of Suspension were Regional State Prosecutor (RSP) Fernando Gubalane, assistant RSP Vicente Mañalac, State Prosecutor II Alain Gallego, Assistant City Prosecutor Raul Cristoria and assistant provincial prosecutor Annabelle Robles.
COA explained that the term “stationed in” or “assigned to” refers to the “direct performance of functions within a specific place” and that the officials entitled to these allowances are those judges and prosecutors who hold office in Mandaue City but added that “it does not speak of prosecutors assigned at the regional office.”
Elmido said Mandaue City is part of his area of assignment. He asked the court to determine if Mandaue City can appropriate funds intended for the additional allowances and benefits and if he is required to –“physically hold office” at Mandaue City in order for him to be entitled of the allowance considering it was part of his area of assignment.
Elmido likewise asked for declaratory judgment prohibiting respondents from preventing City of Mandaue from giving allowance to him. (FREEMAN)