CEBU, Philippines – Except for acting vice mayor Nestor Archival, none of the Bando Osmeña Pundok Kauswagan councilors have attended the special session called by acting mayor Edgardo Labella to discuss the P2.8 billion Supplemental Budget-1 of Cebu City.
The absence of quorum prompted Archival to adjourn the session with a reminder to all his colleagues in the City Council that they may be arrested to compel their presence in the session hall, citing Section 53 of the Local Government Code.
“If there is no quorum, the presiding officer may declare a recess until such time as a quorum is constituted, or a majority of the members present may adjourn from day to day and may compel the immediate attendance of any member absent without justifiable cause by designating a member of the Sanggunian to be assisted by a member or members of the police force assigned in the territorial jurisdiction of Cebu, to arrest the absent member and present him at the session,” he said.
Archival, however, seems to be reluctant in compelling his partymates to attend the session.
“The thing here, we cannot just bring them here because they are not around unless we can see them around and we can bring them here. So far, as per information, all other members who are not here are not in their offices,” he said.
Archival is calling ano-ther special session at 2 p.m. today for the same purpose.
Aside from Archival the city councilors present yesterday were Nendell Hanz Abe-lla, David Tumulak, Noel Eleuterio Wenceslao, Phillip Zafra, and Richard Osmeña, who are all allies of Team Rama.
They expressed their “disappointment” after majority bloc did not show up, considering the “urgency” of the agenda which is to discuss the long overdue SB-1 and to declare Barangay Lahug under state of calamity so that cala-mity funds will be utilized after it was hit by fire.
Records of the Council Secretariat show that only Councilor James Anthony Cuenco has filed a personal leave from December 11 to December 28. The other members who were not around yesterday did not file official leave or personal leave.
The BOPK councilors who failed to show up yesterday were Margarita Osmeña, Sisinio Andales, Alvin Dizon, Alvin Arcilla, Mary Ann delos Santos, Ma. Nida Cabrera, Eugenio Gabuya, Roberto Cabarrubias, and Lea Japson.
City Councilor Gerardo Carillo arrived after Archival had adjourned the session.
Margot earlier admitted that she cannot attend the session since she will be spending the vacation with her family in Manila, while Andales said he is in Bohol for the holidays.
Carillo, for his part, said this incident would be a “test” for Archival as presi-ding officer.
“If he wants to run as vice mayor, this is his test. This is his test whether he can perform his duties and functions as the vice mayor,” Carillo said.
He said Archival has the discretion to exercise his duty and responsibility to compel other members of the City Council to attend the session.
“It depends on the vice mayor. The vice mayor has the power to do that. He can summon one of us, accompany the arresting officer and arrest and to compel quorum. If he cannot, this is his test. He is running for vice mayor anyway. If quorum will not be acquired, then people will judge him accordingly,” Carillo said.
He said these councilors who will not attend may face administrative sanction.
“We’ll have to force the issue on acquiring the quorum. If they cannot come, they have to have a valid explanation. And then if they cannot come, they will be subjected to disciplinary action like that is an abuse of your power and that is dereliction of duty. So, failing to perform once duty is an administrative sanction. The only duty of the councilor is to attend the session and to perform his duty,” he said, adding that it is the discretion of Archival as the presiding officer to compel other members to attend.
Andales, chairman of the committee on laws, said that it was not stipulated in the house rules that councilors will be apprehended by police if they will not attend the session.
“Siguro, maka-arrest if nag-misbehave but not anang wala mi-attend sa session. But, wala gyud na sa atong house rules,” he said.
He just arrived yesterday from Bohol, adding that he will try to attend the session today. Andales said the special session is “useless” since the case is still pending before the court.
“For six times, gi-reject nato ang pag-lift sa suspension sa discussion sa SB-1 because the source of fund is still in question. Useless ang special session kay that will still be rejected gihapon,” he said, adding that the majority bloc is just consistent on its stand.
The FREEMAN tried to call the other members of the City Council but calls went unanswered.
Wenceslao, for his part, said he attended the special session because he saw the urgency of the agenda which is to declare the Barangay Lahug under state of calamity after it was hit by fire last Saturday.
“I’m not expecting nga dili sila mo-attend but disappointed because this is public service baya,” he said.
He said there is a need to pass the Supplemental Budget-1 this year because it contains the P2.4 billion prepayment of the South Road Properties loan, and other important items.
“Na-touch ko sa statement ni acting mayor Edgardo Labella nga he is willing to sign an undertaking. Meaning to say, dili na sila (councilors) angay mahadlok sa kaso,” he said.
The majority bloc of the City Council stood firm on their position that they will not lift the deferment of SB-1 pending final judgment from the court on the civil case filed by Romulo Torres.
The court has already dismissed the civil case, but Torres asked for reconsideration that is still pending until now.
Torres asked the court to stop the city from using the P8.35 billion proceeds from the sale of the SRP lots. The money was identified as source for the SB-1.
The minority bloc is hoping that the majority bloc will already attend in today’s session. —/FPL (FREEMAN)