Diokno: Andaya is free to file case of mandamus before SC

Budget Secretary Benjamin Diokno. INQUIRER file photo / EARVIN PERIAS

MANILA, Philippines — Budget Secretary Benjamin Diokno remained unfazed on Tuesday by a possible case he may face,  saying House Majority Leader Rolandao Andaya Jr. is free to file a  a case for mandamus before the Supreme Court regarding the scheduled salary increase of government employees.

“This is a free country. He can file a case for mandamus in the SC if he wants. Nobody can stop him,” Diokno told INQUIRER.net in a text message.

READ: Andaya to sue Diokno if DBM fails to hike gov’t workers’ salary by Jan. 15

Andaya, in a statement, said he there was no reason for the Department of Budget and Management (DBM) not to implement the salary hike by January 15, citing that reenacted budget “covers the needed funding for the salary increases.”

“It’s elementary. The salary level authorized in the 2018 budget covers the 3rd tranche of SSL but not the 4th tranche. The 4th tranche is provided for in the 2019 President’s Budget. Since the 2019 budget is yet to be approved, there is no legal basis for giving the 4th tranche,” Diokno said, responding to Andaya’s claim.

The lawmaker said “the President’s decision to extend the 2018 budget under Joint Resolution No. 3 also gives DBM more spending authority.”

Diokno had earlier said the fourth and last tranche of salary increases under the Salary Standardization Law of government workers would need to be deferred pending the passage of the P3.757-trillion national budget for 2019. /jpv