Spare city funds, execs ask court

CEBU City Hall asked the court to stop the seizure of its funds as payment to the heirs of Rev. Fr. Vicente  Rallos because this would cause “irreparable injury” to the city.

In a pleading filed in court, City Legal Officer Joseph Bernaldez said the subject of the notice of garnishment are government funds that have long been appropriated for government operations and social services.

“The people of the City of Cebu would be deprived of access to their basic needs and government operations will be disrupted if execution and garnishment would be effected. Thus, this calls for judicial protection,” Bernaldez said.

The city requested the court to maintain the status quo.

Bernaldez cited a Supreme Court ruling that acknowledged “that the functions and public services rendered by the state cannot be allowed to be paralyzed or disrupted by the diversion of public funds from their legitimate and specific objects as appropriated by law.”

The court earlier ruled in favor of Rallos’ heirs and ordered the city government to pay the family P33 million for their lot expropriated in 1963.

The city government  filed an appeal but the Court of Appeals and the Supreme Court both upheld the lower court’s decision.

Last month, Regional Trial Court Judge James Stewart Ramon Himalaloan of Branch 9 ordered the ex-officio sheriff to issue a writ of execution against the city government. Judge Himalaloan has yet to resolve the city’s request. Reporter Ador Vincent Mayol