More powers eyed for council

CEBU, Philippines — Cebu City Councilor Mary Ann de los Santos wants the City Council to be able to conduct inquiries in aid of legislation, issue subpoena, and cite in contempt anyone who refuses to heed these processes.

To make this happen, she filed a resolution titled "The subpoena and contempt power of the Sangguniang Panlungsod of Cebu City," now being reviewed by the Council’s committee on laws, ordinances, and styling.

“The power to issue subpoena and subpoena duces tecum is impliedly granted to the local sanggunian by virtue of the statutory grant of delegated legislative power,” the proposed ordinance reads.

“There is a need to expressly grant the same because the subpoena power is judicial in character, in order to give the Sanggunian teeth to carry on its mandate of enacting ordinances, approving resolutions and appropriating funds for the general welfare of the city and its inhabitants,” it reads further.

Section 4 provides that the ordinance shall govern the conduct of investigation in aid of legislation that may be conducted by the Sangguniang Panlungsod En Banc or through its committees on non-adversarial complaints or matters which in its own initiative be inquired into for the purpose of possible adoption of legislative measures beneficial to the city.

Adversarial matters or matters which are still pending for litigation and/or investigation with the court, Office of the Ombudsman, and/or other agencies of the government shall not be a subject of investigation in aid of legislation.

No investigation in aid of legislation shall be conducted without the prior authority from the Sangguniang Panlungsod En Banc through a resolution to that effect.

Section 6 A (a) states that any member of the Sangguniang Panlungsod may introduce/sponsor a resolution calling for an investigation in aid of legislation by the Sangguniang Panlungsod En Banc or through its committees on the subject matter of the resolution.

Section 6 B (a), meanwhile, states that should there be complaint filed with the Sangguniang Panlungsod by any person or entity asking for an investigation in aid of legislation of a particular matter/controversy, the same shall be referred by the Vice-Mayor to the Committee on Laws to determine whether or not the complaint is adversarial or is still pending for investigation with the court, Office of the Ombudsman, and/or other agencies of the government.

Any member of the Council shall inhibit himself/herself from participating in the investigation only on the grounds of conflict of interest and pecuniary interest.

All proceedings of the investigation in aid of legislation shall be reflected in its minutes.

If such investigation is done through any of the committee of the Sangguniang Panlungsod, the committee concerned shall submit a report of its proceedings to the Sangguniang Panlungsod En Banc for approval.

Once approved, any person to whom a subpoena is duly issued under the ordinance and disobeys the same shall be punished for contempt and shall be fined by an amount not exceeding P 5,000 or imprisoned by not more than one year, or both in the discretion of the court, for violation of the ordinance.  – JMO (FREEMAN)