Antonio Nachura, a former congressman, said any move to split a province is a very long process from the House to the Senate, and to the President before it is presented to the constituents to vote on in a plebiscite.
"You see, it is still a long, long way to go. Both the provincial board resolution and the veto of the governor have no effect. It’s not easy to split a province because it has to undergo a process," said Nachura, a professor in various law schools in the country and a bar reviewer on Constitutional Law.
Nachura said the provincial board’s resolution is merely an expression of a sentiment and should Cebu Gov. Gwen Garcia subsequently veto it, her act will similarly represent her own sentiment on the issue.
"The sentiments of the provincial board members, through a resolution, do not automatically split Cebu. If in case the governor will veto the resolution, it will not also stop the move from splitting Cebu. These are just the sentiments of the provincial (leaders who) are split (on the proposal)," he said.
Nachura was a congressman of the second district of Western Samar during the 12th Congress. He was a member of the 11-man House panel which prosecuted former President Joseph Estrada in his impeachment case at the Senate.
Nachura, here for a four-day Bar review class at the University of Cebu-College of Law, said after the House approves a bill splitting a province, the measure is taken up at the Senate for further deliberation.
If approved, the measure will be sent to the President for approval or veto. Should the President approve it, the Commission on Elections will then schedule a plebiscite.
The plebiscite will have one question for the registered voters of Cebu province and the component cities to answer either "Yes" if they favor splitting Cebu or "No" if they oppose it.
If the "Yes" votes get the majority, then Cebu will be split into more provinces. But if the "No" votes win, then Cebu remains as it is.
Former governor Pablo Garcia, however, disagreed with Negros Oriental Rep. Emilio Masias and Department of the Interior and Local Government regional director Roberto Abejero that the governor could not veto the provincial board’s resolution.
If the resolution merely expresses the sentiments of the provincial board members, the former governor said vetoing it is also an expression of the governor’s sentiment.
Pablo John Garcia, a lawyer and a brother of Gov. Garcia, has called on Masias to inhibit himself from hearing the three pending bills filed by Reps. Simeon Kintanar, Clavel Martinez and Antonio Yapha creating separate provinces out of their respective districts.
Pablo John viewed the resolution as void, saying the provincial board cannot make an act official if it runs counter to the interest of the province.
"It cannot pass an action against the interest of the province it serves," he said.
Mayor Tomas Osmeña, for his part, said majority of Cebu City residents are against the split, adding that he is willing to put the city under the Cebu province to prove his point.
"The split-Cebu move is just a perpetuation of the private dynasties of Sim Kintanar and the Martinezes and the private political agenda of Sonny Osmeña, who got rejected in Cebu City. These people should not be called Cebuanos. They do not have the moral right to be called as (such)," he said.
Vice Mayor Michael Rama, in a privilege speech, asked that a congressional public hearing be conducted here so the voice of the Cebuanos will be heard.
The Cebu City council also agreed that all congressmen should be given a copy of its resolution opposing the split.
In earlier interviews, Masias said he intended to hold a public hearing in Manila to prevent a heated confrontation between the two camps. — Freeman News Service