Silay City Mayor Jose Montelibano and City Administrator Ignacio Salmingo are withdrawing their petition against the implementation of Appropriation Ordinance No. 02 amounting to P20,406.020.

The motion will be heard today at the sala of Judge Felipe Banzon of Regional Trial Court Branch 69 in Silay City.

Salmingo said their petition was rendered moot and academic when the Sangguniang Panlalawigan, after reviewing the ordinance, disapproved it due to lack the of the required majority of seven votes.

He said the SP disapproval invalidated the ordinance and, as one of the petitioners, he no longer sees a necessity for the petition they filed in court.

In his June 27, 2007 decision, Judge Felipe Banzon of Regional Trial Court Branch 69 granted the petition for Writ of Preliminary Injunction on the supplemental budget. The court decision prevented the city government from using the funds appropriated for it.

Respondents in the case were former officials Mayor Carlo Gamban and Vice Mayor Francis Joseph Jalandoni, OIC Treasurer Ma. Cristina Fuentes, Assistant Treasurer Ryan Montoro and Budget Officer Ramon Dumancas.

Gamban's lawyer Rodney Rubica said Salmingo should let the court decide on the validity of the budget ordinance. He maintained that the Sangguniang Panlalawigan is a legislative body and interpretation of laws relies on the judiciary.

Since Salmingo has been vocal in saying that the city government has enough money to spend until the year ends, Rubica said he does not see any reason why the Montelibano administration wants the injunction order on the supplement budget lifted. Montelibano and Salmingo's lawyer, Rogelio Reyes, said Silay City is facing a financial crisis after the previous administration used up the appropriated funds for the Office of the City Mayor, from January to June this year.

A summary of the expenditures will be presented to the public next week, Reyes said. Rubica, on the other hand, said the supplemental budget that was placed under a writ of injunction by the court was requested by the Gamban administration in preparation for the incoming administration.*NAB

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