Admin bloc to file charges vs. Labella for abuse of power
“We are not afraid of any case because we did nothing, except uphold the constitutional provisions of the law.”
This is the response of Cebu City Vice Mayor Edgardo Labella to Mayor Tomas Osmeña, who announced yesterday that the administration bloc will file charges against him for abuse of authority.
During its reorganization last week, nine of 18 members of the City Council, including the presiding officer, voted against the nominees named by majority floor leader Margarita “Margot” Osmeña.
The councilors in the Barug Team Rama bloc argued that since there are 18 members in the council, including Labella, the simple majority should then be 10 and not nine.
The opposition said a 2012 ruling from the Supreme Court (SC) citing Section 467 (a) of the Local Government Code on the same situation declared that regardless of reaching the quorum requirement or for the purposes of voting, the vice mayor should be included in the counting of the majority.
“Majority has been defined by the SC in Santiago vs. Guingona, et al. as that which is greater than half of the membership of the body or that number is 50 percent plus 1 of the entire membership,” reads part of the decision.
The administration, though, lashed out at Labella for “abruptly” adjourning the session after declaring the motion for a committee elections filed by Margot was killed, when they would have wanted to continue the discussion.
Mayor Osmeña said that as presiding officer, the vice mayor is not supposed to interpret or issue judgment while officiating a deliberation.
“The law is supposed to serve the people, not the other way around, so don’t let this
Mayor Osmeña said that as presiding officer, the vice mayor is not supposed to interpret or issue judgment while officiating a deliberation.
razzle-dazzle and complications try to distort everything. He is supposed to be neutral, and not make decisions as vice mayor. Very plain partisan politics and we will prove it in court,” he said.
But if a case were to be filed against him, Labella said that the apt legal action would be to file a petition for a declaratory relief.
He said there was no abuse of authority on his part as he never obstructed anything and was just heeding the law.
“Regardless of who’s the majority and who’s not, it is my fervent hope for all the council members to find a solution so that basic services will not be hampered,” Labella said.
Labella called a caucus with the administration bloc yesterday, with minority floor leader James Anthony Cuenco representing his colleagues in the opposition.
Cuenco said that the best solution is not to file charges against each other but to reach a compromise.
“Hopefully, we can all vote as one and there will be no more stare-hate, no more gridlock and we can go ahead with the business of the council,” he said.