Deputy mayors are legal. Or they are not.
It’s not the first lawsuit about deputy mayors. The Oct. 19 complaint of former NBI 7 director Florencio Villarin--against Cebu City Mayor Tomas Osmeña, Vice Mayor Edgar Labella and seven councilors whom the mayor appointed as deputy mayors--is the second. Next only to one of the complaints filed Aug. 23, 2016 by Councilor Pastor Alcover Jr.
Even before the lawsuits, after the mayor made the appointments, that question has bugged City Hall watchers, “Is there such an animal as a deputy mayor?” Apparently none, given these points: [] The Local Government Code enumerates the officials in the city government. The listing is so detailed and specific that one can’t think of any high official that is at City Hall but isn’t in the code or in a special law. Even the secretary to the mayor and an “information editor” is mentioned but not “deputy mayor.”
[] The mayor has the power to appoint all officers and employees “as provided in the Local Government Code, subject to Civil Service Commission laws and regulations.” Since it’s not listed in the code, what position does a deputy mayor fill?
[] The mayor under Republic Act 5525 may transfer an officer or employee from one service to another and may make a “corresponding change of title.” But no transfer is involved here: the deputy mayor remains a councilor and title is added, not changed.
[] Under the same law, it’s the City Council, not the mayor, that creates new positions that “may be necessary to carry out” the functions of the city government.
Cause of confusion
The confusion, which has led to the lawsuits, may have been caused by the lack of information about the position.
Does the job carry salary or allowance in addition to what the councilor is paid? If there’s no ordinance creating the position or even a resolution authorizing it, is there an executive order signed by the mayor? Are their duties specified in writing? No to all three questions, it would appear.
No documents were published about the posi- tion of deputy mayor. Even news stories about the deputy mayors were sparse on details.
‘Just a title’
Mayor Osmeña said it is “just a title” and “no executive function technically.” Councilor Margot, one of the “Mayor-Kons Seven,” said they’re not in the plantilla and don’t sign documents.
It could just be honorary, some form of ego massage. Tomas admitted to using the title to express his confidence in BOPK councilors and distrust of rival Team Rama councilors. He didn’t concede though that he used it to lure would-be defectors to his camp.
What’s actually going on? What powers do deputy mayors wield? Is their job really confined to just advising the mayor on pending legislation? How come, for one, Deputy Mayor-Councilor Dave Tumulak seems to be poking his finger into almost any peace and order business in the city? How much of the functions of the department head are being overlapped or usurped by each deputy mayor-councilor?
Separation of powers
Both Villarin and Alcover allege violation of the principle of separation of powers, which on the national level is spelled out but not defined in local governments. “Encroachment” on functions of the legitimate officials, their second argument, is more crucial and lethal.
Did Mayor Osmeña use his power for illegitimate private gain, involving a “trading of influence”? If he did, that might raise the caper to the level of political corruption.
Why Labella?
Depends on how the ombudsman will see the case, of course. Which depends on what the facts are. Which, despite the heavy concentration of news reporters at City Hall, still have to be drawn out and published.
And, hey, chief Villarin sir, what the heck is Labella doing in your lawsuit? Just as the question on your motive in suing is irrelevant, the vice mayor’s inclusion as respondent is misplaced. Labella has nothing to do with the “mayor-mayor” caper. If he hasn’t acted to stop the mayor’s creativity, the omission carries no sanction, does it?
Litigation may lead to an answer to the question about the legality of “deputy mayors.” Cebu City Hall watchers have long asked: Is there such an “animal” in local governance?