COA ruling slows down Ralloses’ claims

The Ralloses may have to wait longer before they can claim the P133 million that the Cebu City government is supposed to pay them for a lot they owned that was expropriated for a road in 1963.

The Commission on Audit (COA) ruled that money claims against the government was something that was beyond the jurisdiction of the court.

COA Regional Director Delfin Aguilar in a letter to Cebu City Mayor Michael Rama said money claims should be filed before the commission secretary.

Aguilar said there have been several cases, one of which is the City of Caloocan vs. Allarde where the final judgment said that “the state is at liberty to determine whether to satisfy judgment or not.”

He also said an administrative circular issued by the Supreme Court states that the prosecution, enforcement or satisfaction of state liability must be pursued in accordance with the rules and procedures laid down in the Government Auditing Code of the Philippines.

The code provides that all money claims against the government must first be filed with the Commission on Audit.

“May we inform you that in a long line of cases, the Supreme Court has ruled that government funds and properties may not be seized under writs of execution or garnishment to satisfy courts’ judgments,” Aguilar’s letter dated Nov. 11 also read.

The letter was Aguilar’s answer to Rama’s query on the propriety of garnishment of city funds to satisfy the money claims of the heirs of the late Vicente Rallos.

The court has issued a writ of execution and notice of garnishment against the Cebu City government.

Happy with the recent development, Rama said he would convene his legal team to discuss their next move on the case.

Aguilar said that the commission secretary would require the respondent to submit his reply within 15 days from receipt of the petition.

Then the petitioner will be given another 15 days to comment on the respondent’s reply.

The petition will then be assigned to the Central or Regional Offices of COA for comment and recommendation. Then to the COA Central Office legal services sector for final deliberation. Chief of Reporters Doris C. Bongcac