In a 27-page petition for mandamus lodged before the high court, Andaya, who was joined by a group of state workers, said Budget Secretary Benjamin Diokno should be compelled to release funds under the fourth tranche of adjustments under the Salary Standardization Law (SSL).

Under Executive Order (EO) 201 series of 2016 issued by the Aquino 3rd administration, the pay hikes must be implemented in January 2019. Congress, however, failed to pass the 2019 budget, forcing the government to operate under a reenacted 2018 budget.

The lawmaker argued that a portion of the 2018 budget covered the Miscellaneous Personnel Benefits Fund (MPBF) amounting to P99,446,295,000.00, which could be used for payments of personal benefits worth P75.1 billion.

Andaya had accused Diokno of various irregularities, with the former claiming that the Cabinet official had favored a contractor linked to his daughter’s in-laws.

Malacañang, however, has backed Diokno since his rift with Congress began last year over the adoption of a cash-based budgeting system for the 2019 budget instead of the corruption-prone obligations-based system.

In his petition for mandamus, Andaya said Diokno should not use as an excuse the delay in the passage of the 2019 budget.

“Evidently, the violation of the rights of herein petitioners and the class they represent is material and substantial and that there is an urgent and paramount necessity for the writ to prevent serious damage,” it said.

Andaya slammed Diokno, arguing that withholding the release of funds would be tantamount to deprivation of the right to property enshrined under the 1987 Constitution.

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DBM holds ground

Diokno reiterated that the DBM would wait for a new national budget before implementing the salary hikes.

“We have to wait for the passage of the 2019 GAA (General Appropriations Act), otherwise we do not have legal basis for the implementation of the fourth tranche,” Diokno said during a news briefing on Monday.

He stressed anew that EO 201 required that the implementation of the salary schedule was “subject to appropriations by Congress.”

“There’s no appropriation for this salary adjustment in the 2018 budget. There is one in the 2019 budget,” Diokno said.

According to a DBM estimate, the government would need about P45 billion to P50 billion to fund the salary adjustment for some 1.3 million civilian workers this year.

The DBM also clarified that there was not enough money in the MBPF of the 2018 reenacted budget for the salary increase.

“The MBPF is specific for the third tranche of the SSL, which includes the pay increase for the military and uniformed personnel. It really will not cover, cannot cover the fourth tranche of the salary increase,” Assistant Secretary Myrna Chua explained.

Diokno welcomed Andaya’s petition, saying: “It’s good that there is a mandamus case before the SC, so once and for all we can resolve this issue.”

Budget Undersecretary Janet Abuel told reporters: “We are preparing for that. Basically, the provisions [of the EO] are very clear and those are the provisions that we will be emphasizing in our answer.”

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Palace backs Diokno anew

Malacañang on Monday backed Diokno anew in his standoff with the House of Representatives, saying Congress was to blame for the delay in salary hikes.

“The one holding [the salary hike] hostage would be Congress, not Executive Department,” Palace spokesman Salvador Panelo said.

“What will be your basis [for the fourth tranche?] Where will you get the money. But as soon as the budget is enacted, that’s precisely why we’re urging graciously the House or Representatives … , as well as the Senate, to approve the budget,” Panelo said.

This is so the salary increase would kick in by the second quarter of 2019, he said. BY JOMAR CANLAS, TMT

WITH MAYVELIN U. CARABALLO AND RALPH U. VILLANUEVA

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