CEBU, Philippines - The Department of the Interior and Local Government has given its opinion on Cebu City Mayor Michael Rama’s decision to veto the Solo Parents Ordinance more than two weeks ago.
Rama vetoed City Ordinance 2935, which seeks to grant cash assistance to solo parents, claiming it is “impracticable, discriminatory and violative of the equal protection clause guaranteed by the Constitution.â€
In a legal opinion, DILG Cebu City director Danilo Almendras said the local chief executive has the discretion to sustain a resolution or ordinance or to veto it and return the same with his objections to the council as prescribed under Section 54 (b) of the Local Government Code of 1991.
“It is not amiss to say that the veto power of the local executive is discretionary… the concurrence of a local chief executive in the enactment of an ordinance or resolution, requires not only a flourish of the pen, but the application of judgment after a meticulous analysis and intelligence as well,†Almendras said.
“Officials acts and declarations issued by a public official in the discharge of powers, duties and functions are accorded with the presumption of regularity,†the DILG director added.
But Councilor Gerardo Carillo, a lawyer by profession and author of the ordinance, contended that Section 54 of the Local Government Code gives the local chief executive only 10 days to veto an ordinance, stressing that 26 days have already lapsed since it was passed.
Almendras said further that Vice Mayor Edgardo Labella has conformed to the law by refraining from signing the documents since his signature already appears attesting as the presiding officer of the City Council when the ordinance was passed.
“It would have been absurd had Acting Mayor Edgardo Labella exercised the veto power of the local chief executive on an ordinance enacted by the body (sangguniang) he presided,†Almendras pointed out.
Labella explained that he was acting mayor when the ordinance was passed for the mayor’s signature on May 14. He said it was him who returned the ordinance to the council secretary for reasons of propriety and ethical norms and for the interest of transparency and public accountability.
“The union of legislative-executive powers in the office of the local chief executive under the former code has been disbanded, so that either department now comprises different and non-intermingling official personalities with the end in view of ensuring a better delivery of public service and provide a system of check and balance between the two,†said Almendras. —/ATO (FREEMAN)