Garcia backpedals on contempt power

CEBU, Philippines — Following threats from the City Council to hold in contempt some executive officials for refusing to honor council invitations, Cebu City Mayor Raymond Alvin Garcia clarified that the ordinance he recently approved does not grant the council an “absolute” contempt power.

In fact, he admitted facing concerns about it because a local legislative body does not have a “contempt power” under the law.

Garcia, a lawyer by profession, said he is aware that the law only grants contempt power to the court and the Congress-- House of Representatives and the Senate.

“That power is not delegated to the local council, it is not allowed,” said Garcia.

But despite his knowledge of the law, Garcia approved the City Ordinance 2748 on August 21, 2024 which granted the City Council a contempt power. He explained that he approved of the ordinance because he did not see anything “wrong with it” even if it was previously vetoed by his predecessor, dismissed mayor Michael Rama.

According to him, the ordinance did not grant the council a “direct contempt power”.  He said anyone held in contempt by the City Council will still be charged before the court.

“Any person to whom a subpoena is duly issued under this ordinance and disobeys the same can be charged with contempt in accordance with the pertinent provisions of the Rules of Court, and shall be fined by an amount not exceeding Five Thousand Pesos (P 5,000.00) or imprisoned by not more than one (1) year, or both in the discretion of the court, for violation of this ordinance,” the ordinance’s penal clause reads.

The ordinance, authored by Councilor Mary Ann delos Santos, stemmed from the council’s frustration over some officials’ alleged refusal to appear before the executive session to shed light on the delayed construction of the Cebu City Medical Center (CCMC).

Officials of CCMC, Department of Engineering and Public Works (DEPW), South Road Properties Management Office (SRPMO), City Accounting Office, CE Padilla Construction, and Cebu Medical Society were supposed to appear in the council’s executive session on October 29, 2024.

But only a representative from CCMC and Giovanni Delgado of the City Accounting Office showed up. During the discussion, Councilor Jocelyn Pesquera said that it is about time for the council to exercise the power granted to them under the new ordinance.

Garcia said he understands the frustrations of the councilors having been the presiding officer of the City Council before he assumed the position of the mayor.

“We share the same frustrations and that is also one of the reasons why I signed the ordinance of Councilor Mary Ann de los Santos,” said Garcia.

Garcia promised to cooperate with the city council by directing all the executive officials under him to honor the invitation from the council. — (FREEMAN)