Council Secretariat: Session was adjourned
Contrary to the claims of the Bando Osmeña Pundok Kauswagan (BOPK) camp that there was no adjournment, Cebu City Acting Secretariat Roy Vincent Alix said the records and stenographic notes indicate that the session of the city council was in fact adjourned before Vice Mayor Edgardo Labella and eight allied councilors left the session hall Wednesday night.
“When I was told by Councilor Mary Ann Delos Santos that there was no adjournment, I specifically categorically stated that it was adjourned because it was seconded by Garganera. The stenographic notes and recordings will say it out,” Alix told reporters.
Alix is caught in the middle of the fight between the two political camps that have opposing views on the passage of two resolutions after the session has been reportedly adjourned already.
Based on the records of the secretariat, Councilor Raymond Alvin Garcia moved for the adjournment of the session and duly seconded by Councilor Joel Garganera.
“Granting lang for the sake of argument nga it needs majority vote, remember when somebody moves for adjournment then it is seconded, and no one objected then it is carried unanimously,” Garcia said.
That is why Labella disagreed with BOPK's claim that they “walked out” in the session.
Labella also said the approval of the two resolutions was not valid since the session ended officially, and that the resumption of session after they left in the session hall is considered irregular.
The two resolutions was to grant Osmeña to sign and enter into a Joint Venture Agreement (JVA) with Universal Hotels and Resorts Inc. (UHRI) for an P18-billion project at SRP and another is for the special use application for a Central Material Facility and landfill in Barangay Binaliw.
In last Tuesday regular session, Labella made a ruling to delete the two resolutions in the agenda, saying it is not valid because it was junked by the council in accordance with the 2017 house rules.
Councilors allied with Labella have argued that the two resolutions could not be revived because under the council's old house rules, which were the ones in place when the resolutions were rejected, those who voted against it can only seek for reconsideration a week after the rejection.
But BOPK councilors are citing the new house rules, specifically the provision that now allows any member of the council to ask for reconsideration on any legislative measure that has been denied before.
The situation in the City Council became more chaotic when the staff of Labella tried to get the mace out of the session hall.
BOPK councilors prevented the staff member from doing it, which pave the way for the resumption of the session and the approval of the two disputed resolutions.
Councilor Jocelyn Pesquera said they will file legal charges against the mayor if he will sign and enter into the Joint Venture Agreement with Universal Hotels and Resorts Inc. for the P18 billion project on what used to be Kawit Island.
BOPK's lawyer Amando Virgil Ligutan said the motion to adjourn shall always be in order which means majority vote is required as provided under Section 3 of city council's house rules.
“A “motion” and a “second” to it is not an approval of the motion. It only means it is now up to the body whether to approve or disapprove the motion. That applies to a motion for adjournment. So Mr. Alix's position is wrong,” he said.
Department of Interior and Local GovernmentCebu City Director Emma Joyevelyn Calvo said someone from the council should ask for their opinion so that they can answer the query through their regional legal officer.
Mayor Tomas Osmeña, in his press conference, said Labella doesn't want to do his job as a presiding officer of the council after he and eight other Barug Team Rama PDP Laban councilors “walked out.”
“The vice mayor of the City of Cebu is showing that he doesn't like to do his job for political reasons. It's not really in his character to do that. So I am convinced that he just following the instructions of Dino because, without Dino, he is nothing. So he just has to do what he is told to do, that's not the style of Labella to walk out,” he said.