Institute of Politics and Governance

Republic of the Philippines
Supreme Court
Manila
(continued)

GROUNDS FOR THE ISSUANCE OF A TEMPORARY RESTRAINING ORDER AND PRELIMINARY MANDATORY INJUNCTION

As explained above, the respondents are continuously committing blatant violations of the Constitution and the Local Government Code to the extreme prejudice of the petitioners and those that they represent. Pending action by this Honorable Court on the Petition, the petitioners are entitled to have the respondents and all persons acting for or in their behalf enjoined from continuing with the implementation of the unconstitutional provisions of the year 2000 GAA. The petitioners are likewise entitled to a Preliminary Writ of Mandatory Injunction to compel the respondents to automatically release the IRA as mandated by the Constitution and the Local Government Code, without any condition or holdback.

Unless the implementation of the unconstitutional provisions of the year 2000 GAA is enjoined and unless the respondents are ordered to automatically release the IRA pursuant to the Constitution and the Local Government Code, the petitioners and the persons they represent stand to suffer irreparable injury that cannot be accurately estimated. The continuing misapplication of public funds and destruction of the foundations of our local governance system must be immediately stopped.

PRAYER

WHEREFORE, the petitioners respectfully pray that the Honorable Court issue a decision:

1) declaring null and void, for being unconstitutional, Section 1, XXXVII (A) and LIV, Special Provisions 1 and 4 of Republic Act No. 8760 entitled, “AN ACT APPROPRIATING FUNDS FOR THE OPERATION OF THE GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES FROM JANUARY ONE TO DECEMBER THIRTY-ONE, TWO THOUSAND, AND FOR OTHER PURPOSES,” insofar as it reduced the Internal Revenue Allotment (IRA) of local governments by TEN BILLION PESOS (P10B) by placing such amount under the item, “unprogrammed funds,” and withholding the release of such amount.

2) ordering the respondents to cease from implementing the said year 2000 GAA insofar as the P 10 Billion reduction and withholding of the IRA are concerned.

3) ordering the respondents to automatically release the IRA due to local governments in the amount of P121.788 Billion as mandated by the 1987 Constitution and the Local Government Code of 1991.

4) pending the resolution of this case, issuing a Temporary Restraining Order and/or Writ of Preliminary Injunction enjoining the respondents from implementing the year 2000 GAA insofar as the P 10 Billion reduction in the IRA is concerned, and a Writ of Preliminary Mandatory Injunction commanding the respondents to automatically release the IRA due to local governments as mandated by the 1987 Constitution and the Local Government Code of 1991, during the pendency of this Petition.

The petitioners pray for other just and equitable remedies.

Quezon City for Manila, 8 August 2000.

MARLON J. MANUEL
PTR No. 1172590; 01-25-00; Quezon City
IBP No. 499809; 01-26-00; Bulacan

VINCENT EDWARD R. FESTIN
PTR No. 1172591; 01-25-00; Quezon City
IBP No. 502295; 02-01-00; Quezon City

SENTRO NG ALTERNATIBONG LINGAP PANLIGAL (SALIGAN)
G/F Hoffner Building, Social Development Complex
Ateneo de Manila University, Loyola Heights Quezon City

DANTE B. GATMAYTAN
PTR No. 1124382; 01-12-00; Quezon City
IBP No. 497069; 01-07-00; Quezon City

KAISAHAN TUNGO SA KAUNLARAN SA KANAYUNAN AT
REPORMANG PANSAKAHAN (KAISAHAN)
No. 43 Masikap Street, Barangay Pinyahan, Quezon City

MANIFESTATION

Pursuant to Rule 13, section 11 of the 1997 Rules of Court, petitioners respectfully manifest that respondents were served their respective copies of this Petition by means of registered mail because of the considerable distance between the parties’ respective offices and the heavy work load of the counsel’s messenger.

MARLON J. MANUEL

COPY FURNISHED:

HON. RONALDO ZAMORA
EXECUTIVE SECRETARY
Malacañang, Manila

HON. BENJAMIN DIOKNO
SECRETARY
DEPARTMENT OF BUDGET AND MANAGEMENT
Malacañang, Manila

HON. LEONOR MAGTOLIS-BRIONES
NATIONAL TREASURER
BUREAU OF TREASURY
Palacio del Gobernador
Intramuros, Manila

HON. COMMISSION ON AUDIT
Commonwealth Avenue, Quezon City

THE SOLICITOR GENERAL
134 Amorsolo Street
Legaspi Village
Makati City