DILG regional director Rene Burdeos yesterday said there is no law that requires an elected official to resign if he transfers his registration. While Burdeos admitted that Leyson's qualification as an elected city official may not be complete anymore following his transfer of registration, it is also not a ground to remove and suspend him as member of the Cebu City Council.
According to Burdeos, transfer of registration is not among the grounds provided for under Section 60 of the Local Government Code to remove and suspend an elected official.
Burdeos said that based on his personal opinion, Leyson should stay as member of the city council as he has a contract to fulfill with the people who voted for him in the last elections. Under the law, Leyson has to serve for three years in his position.
Burdeos, however, admitted that those who want to question Leyson's continued presence in the city council may file a quo warranto proceedings before the court. He said the court is the final arbiter of the issue.
Questions on whether or not Leyson still has the legal personality to stay in the city council were raised following the Commission on Election's approval of his transfer of registration to Talisay City. Comelec regional director Manuel Advincula said the approval of the transfer of registration was only ministerial for them.
Advincula earlier said that it should be the DILG or the court that should render an opinion whether Leyson should resign from the city council now that he is no longer a registered voter of Cebu City. But he added that an interested party can also file a petition for exclusion before the court to question Leyson's transfer of registration.
Political pundits view Leyson's transfer to Talisay as part of the conflict between Cebu City Mayor Tomas Osmeña and first district Rep. Eduardo Gullas over the South Reclamation Project. Talks are rife that Leyson will serve as proxy candidate for mayor of Osmeña in Talisay City against the candidate of Gullas in the coming elections. - Fred P. Languido