Rama to go to court

 CEBU, Philippines - Cebu City Mayor Michael Rama is set to file a petition for declaratory relief before the court regarding the Solo Parent Ordinance, after the City Council rebuffed his veto of the ordinance last Wednesday.

"The technicalities and legalities have to be fathomed it should not be left in limbo.  The court should be part of it…I will let the rule of law come into the picture. Let justice takes it course and (I will) wait what's the ending," Rama said.

A declaratory relief refers to a judgment of a court which determines the rights of parties without ordering anything to be done or awarding damages.

The relief sought under this remedy includes the interpretation and determination of the validity of the written instrument and the judicial declaration of the parties' rights or duties.

The first paragraph of Section 1, Rule 63 of the Rules of Court, describes the general circumstances in which a person may file a petition for declaratory relief, "Any person interested under a deed, will, contract or other written instrument, or whose rights are affected by a statute, executive order or regulation, ordinance, or any other governmental regulation may, before breach or violation thereof, bring an action in the appropriate Regional Trial Court to determine any question of construction or validity arising, and for a declaration of his rights or duties, thereunder."

The declaratory relief may not only be filed before RTC but also in any judicial department.

Rama has appointed his executive assistant lawyer Jade Ponce and city attorney Jerone Castillo as point persons in the matter.

Rama earlier vetoed City Ordinance 2935 on the grounds that it is "impracticable, discriminatory and violative of the equal protection clause guaranteed by the Constitution."

The ordinance was passed by the City Council on May 7, and a copy of the ordinance was received by the Office of the Mayor on May 14. The mayor vetoed the ordinance and returned it to the council on June 9 or 26 days after it was approved. 

A provision of a Local Government Code provides that the local chief executive has 10 days to approve or veto an ordinance.

Not a surprise

Rama said he already anticipated the council's move to override his veto of City Ordinance 2935, which seeks to grant P5,000 cash assistance to solo parents registered in the city.

"What else is new? We know too well what the composition is. Now, the direction of the office of the mayor will be pursuing what my Labella (to file a declaratory relief) suggested," he said, referring to Vice Mayor Edgardo Labella.

In a 9-4 vote with two abstentions, the Bando Osmeña Pundok Kauswagan-dominated council overrode Rama's veto on the Solo Parent Ordinance.

Rama, however, thanked councilors Eugenio Gabuya Jr. and Noel Eleuterio Wenceslao, who are allies of BOPK, from abstaining saying, "they are coming with independent minds".  — /BRP (FREEMAN)