Zafra has to vacate seat in Council: legal officer

Unless the law expressly states that there is a holdover capacity in his position, Councilor Philip Zafra will have to vacate his seat in the City Council, Cebu City Legal Officer Joseph Bernaldez said.

In an interview, Bernaldez said that since the full version of the bill that allows the postponement of the Sangguniang Kabataan (SK) and Barangay Elections has yet to be released, decision as to whether Zafra and other ex-officio members will stay in their respective positions can’t be determined.

Bernaldez said that a provision of the law that was recently passed by the two houses of Congress has to be seen first before any legal interpretation will be made.

“That remains to be seen because until now I haven’t seen the law to be signed by the President. If the law is silent about that, meaning they need to vacate their office. But if the law expressly says that there will be a holdover capacity, then we have to follow it,” he said.

The bill seeks to move the polls from October this year to May 2018.

Under the bill, barangay officials would be allowed to continue exercising their functions in a holdover capacity. It does not grant the President the power to appoint barangay officials.

President Rodrigo Duterte earlier said he wanted to postpone the election because a number of barangay officials are suspected of being linked with the illegal drug trade and he doesn’t want them to use their drug money for the polls.

In the City Council, Councilor Sisinio Andales would have wanted Zafra to vacate his seat as ex-officio member of the legislative body because his term has already expired.

But Zafra stands firm in his decision not to leave his seat, saying he is still authorized to exercise his legislative functions.