City dad to ask court clarification on VM

CEBU, Philippines - Cebu City Councilor Eugenio Gabuya Jr. is filing a petition for declaratory relief to settle the issue on whether or not the vice mayor is included in the determination of what constitutes the two-third vote requirement to override a veto by the city mayor.

He made known his intent yesterday after reading the Department of Interior and Local Government (DILG)-7’s recommendation stating that the vice mayor should be counted in the determination of what constitutes a two-third vote in the council.

“Section 55(c) of the Local Government Code of 1991 provides that the Sanggunian may override the veto of the Local chief executive concerned by two-thirds vote of all its members, thereby making the ordinance effective without the approval of the local chief executive concerned,” said DILG-Cebu City Director Danilo E. Almendras.

It cited as reference the Supreme Court decision in the case of “La Carlota City, Negros Occ, et al vs. Atty. Rex Rojo” that affirms that the “Vice Mayor/Presiding Officer is part and a member of the Sangguniang Panlungsod.”

“The law states two-thirds vote of all its members (emphasis made by DILG). Since the Vice Mayor/Presiding officer is part and member of the Sanggunian as ruled by the Supreme Court in the above cited case, we opine that he is considered and included in the determination of what constitute the two-thirds vote to override the veto made by the Local Chief Executive,” Almendras further said.

“The Department of the Interior and Local Government has been very consistent in its opinion that the Vice mayor/Presiding Officer (or Vice Governor/Presiding Officer) is included in the determination of quorum and the determination of the number of votes required to approve measures or actions before the sanggunian,” he added.

Last year, Mayor Michael Rama vetoed City Ordinance 2413, which designated a 10.6-hectare portion of the South Road Properties as one-stop sports hub in the city.

CO 2413 was authored by City Councilors  Gabuya, Mary Ann de los Santos, and Nendell Hanz Abella.

Last January 7, the City Council attempted to override the veto.  The process, however, ended in controversy, particularly on whether or not the 11 votes were sufficient and constituted the required two-thirds vote under the Local Government Code.

Aside from the Association of Barangay Councils president and the Sangguniang Kabataan president as ex-officio members and the vice mayor, the City Council is composed of eight elected members each from the north and the south districts of the city.

Currently, however, there is no SK representative in the council so that only 17, which does not include the vice mayor, were counted as base figure in determining the supposed two-third vote.

Gabuya said he will file his petition the soonest possible time.

“Ang sa DILG is not a decision, it is the court ang maka-interpret. Ang presiding officer, wala gyod labot kay wala gani silay labot sa determination sa simple majority. The vice mayor can only vote if there is a tie,” he said.

Vice Mayor Edgardo Labella said it is Gabuya’s prerogative to go to court and seek a declaratory relief.

“If the proponent will bring this matter to court, it will certainly enrich our jurisprudence; so that we will know which is the correct interpretation of existing laws,” Carillo also said.

Gabuya appealed for Carillo, Wenceslao, and Cuenco to change their stance, saying many students and the sporting community have been waiting for the implementation of the ordinance.— (FREEMAN)