BOPK dads sued

CEBU, Philippines - Just as the members of the minority bloc in the Cebu City Council made another last-ditch effort to pass the controversial Supplemental Budget-1, a former City Hall official yesterday filed a civil case for mandamus to compel the majority to pass the P2.8 billion appropriation.

Former councilor Joey Daluz III sought the Regional Trial Court’s intervention to force the Bando Osmeña Pundok Kauswagan (BOPK) councilors “to do and perform the ministerial act of promptly deliberating and voting on SB-1 and to immediately forward or endorse to the City Mayor the SP’s official action over SB-1 for the mayor’s action.”

 Daluz, campaign manager of Team Rama, named acting Vice Mayor Nestor Archival, Sr., Lea Japson, Mary Ann de Los Santos, Sisinio Andales, Alvin Arcilla, Roberto Cabarrubias, Ma. Nida Cabrera, Alvin Dizon, Eugenio Gabuya, Jr., and Margarita Osmeña as respondents.

“There is a legal mandate for respondent Sangguniang Panlungsod (SP) to act on SB-1 and not just sit on it without justifiable ground,” read the petition.

Daluz said the Council’s decision to defer the deliberation and voting on the SB-1, which includes the amount for the prepayment of the city government’s outstanding loan with the Japan International Cooperating Agency, is without just cause.

He cited Section 99, Rule XVII of the Implementing Rules and Regulations of the Local Government Code of 1991. Daluz said that the Council has powers, duties and functions to enact and approve ordinances and resolutions and appropriations of funds for the general welfare of the city.

 According to Daluz, the city government received P3,819,272,000 from the consortium of Ayala Land-Cebu Holdings,Inc. and SM Prime Holdings Inc. and another P2,699,450,422 from Filinvest Land Inc. as proceeds of the sale of lots at the South Road Properties.

Part of the amount was identified in the SB-I as source to pay the outstanding balance of the city government’s loan with JICA amounting to P2,488,409,886.

The prepayment is covered by a resolution unanimously passed by the City Council authorizing Mayor Michael Rama to negotiate for the purpose. The deliberation of the SB-1, however, was shelved by the majority of the members of the Council after lawyer Romulo Torres filed a civil case in court.

Torres, resident of Sitio Panaghiusa, Barangay Basak San Nicolas, asked the court to enjoin the Council from using the proceeds of the sale of the SRP lots.

 He questioned the manner by which the lots were sold because it was done in public bidding when it should have been through an unsolicited proposal as provided for in City Ordinance No. 2332.

The case was used by the members of the majority bloc as an excuse not to act on the SB-1.

But, Daluz said there was no basis for respondents to hold in abeyance the deliberation of SB-1 on the ground of  “judicial courtesy”.

He claimed that the sale of the subject lots was legal, valid and regular, thus, there are no legal impediments for the city government to utilize the proceeds for the prepayment of the loan.

Daluz also argued that the prepayment of the loan is beneficial to the city government because it can save P115,460,382.72 in interest and P230,763,232.42 annual amortization.

City Legal Officer Jerone Castillo was glad that Daluz took the cudgel in filing the case “to clarify everything.”

 “We are glad that there is really somebody who takes the cudgels to file the case because this will clarify everything. What is really the correct position legally and on the matter angay ba gyud ipasar o iduso ang SB then this will settle everything,” Castillo said.

Andales said he has not received a copy of the complaint yet. Although, he said that even the court cannot compel them to approve the SB-1.

 “Kun mandamus na to compel us to do our function as a legislator, I mean, dili man sila maka-compel namo. The court cannot compel us. Unsa man ilang buot ipa-issue anang mandamus ang pag-approve sa SB-1? Nganong i-approve mana namo nga naa may pending case?” Andales said.

Motion denied

However, RTC Judge Alexander Acosta denied on December 10 the motion for reconsideration filed by Torres.

"The instant motion for reconsideration cannot be given credence and this Court finds no reason to look into on the other issue raised by the respondents during the hearing of the instant motion for reconsideration," read the order.

Acosta said the court was not persuaded by the arguments raised by Torres.

"It bears to note that counsel for plaintiff has failed to attach any proof of the existence of local development plan of the City of Cebu duly approved by the City Council, which specifically excludes the sale or disposition of the property in the South Road Properties," the order reads.

Still  no  quorum

Archival called another special session yesterday to pass the SB-1 and to declare Barangay Lahug under a state of calamity following a huge fire last Saturday. But for the second time in a row, the Council failed to muster a quorum. 

None of the BOPK-allied councilors, except for Archival, attended the special session despite the court ruling denying the motion for reconsideration filed by Torres on the dismissal of his case.

Andales said the denial of the motion for reconsideration is not yet “final and executory”.

Archival scheduled the special session at 3 p.m. yesterday but only six members were present — Councilors Gerardo Carillo, David Tumulak, Noel Eleuterio Wenceslao, Nendell Hanz Abella, Richard Osmeña, and Phillip Zafra.

This prompted Archival to call for adjournment but was questioned by Carillo. He said only the members can call for adjournment since it is one of the privilege motions to be filed by a member and not of the presiding officer.

Archival was forced to declare a 10-minute recess, instead, to wait for other members to arrive. Another one-hour recess was declared after no quorum was achieved. At 5 p.m. the session resumed but still there was no quorum prompting Archival to declare another recess until 12 midnight.

However, Carillo questioned it saying the time should be fixed and approved by the members present. Archival walked out and insisted that the session will resume at 12 midnight.

Arrest  ordered

Carillo, who is the minority leader, took it upon himself and resumed the session at 8 p.m. without Archival. He ordered the arrest of the other members to compel them to attend the special session.

Carillo said that Section 53 of the Local Government Code provides that councilors who have not showed up may be arrested by the police so that they will be compelled to attend the session. He designated Tumulak to accompany the police officers in arresting their colleagues.

“Section 53B of the Local Government Code states that where there is no quorum, the presiding officer may declare a recess until such time as a quorum is constituted, or a majority of the members present may adjourn from day to day and may compel the immediate attendance of any member absent without justifiable cause by designating a member of the sanggunian, to be assisted by a member or members of the police force assigned in the territorial jurisdiction of the local government unit concerned, to arrest the absent member and present him at the session,” he said.

Tumulak visited all the offices of the City Councilors but found nobody around.

“Ganina we politely asked acting Vice Mayor Archival to continue the deliberation and to enforce what is stated in the Section 53 of our Local Government Code which is if the first option the recess not available then we go to the second option which is a member shall be appointed and compel the rest of the members of SP to appear by way (of) arrest with PNP or police within the territorial jurisdiction of the city but he (Archival) walked out before finishing our discussion,” Carillo said.

Carillo said it is provided for under the rules of the City Council that the minority leader can preside the session in the absence of the speaker pro-tempore and the majority leader.

But, Archival said the session presided by Carillo was “illegal.”

Carillo also scheduled another special session at 10 a.m. today.

The City Council secretary said only Cuenco, Japson, and Arcilla have filed their leave yesterday. —/FPL (FREEMAN)