Tom, Labella sued

Why are Cebu City councilors performing executive functions?

Cebu City Mayor Tomas Osmeña, Vice Mayor Edgardo Labella, and nine former and incumbent Bando Osmeña Pundok Kauswagan councilors who have been appointed deputies by the mayor are now facing a complaint before the central Office of the Ombudsman for allegedly violating the law.

Councilors named respondents were Eugenio Gabuya Jr., Joy Augustus Young, Sisinio Andales, Alvin Arcilla, Margarita “Margot” Osmeña, Mary Ann delos Santos, David Tumulak, Jerry Guardo and resigned city councilor Nendell Hanz Abella, who is now commissioner of the National Labor Relations Commission Seventh Division.

Osmeña appointed these officials as his deputy mayors in various areas.

Margot oversees matters related to budget and finance, tourism, and social services.

Delos Santos is assigned to look into health concerns such as the Cebu City Medical Center, Guba Community Hospital, and the City Health Department while Arcilla handles markets, agriculture, infrastructure, and engineering.

Young takes charge of the scholarship program of the city, Abella of education matters, and Gabuya of issues related to games, sports, youth, prioritization of the Philippine Amusement and Gaming Corporation (PAGCOR) funds of the city, urban poor, and housing.

Andales, Guardo, and Tumulak have been assigned deputy mayors for peace and order and labor; infrastructure; and police matters, respectively.

But the complainant, lawyer Florencio Villarin, former director of the National Bureau of Investigation in Central Visayas, believed that the officials committed dishonesty, grave misconduct, conduct prejudicial to the best interest of the service, and culpable violation of the constitution under Section 60 of Republic Act 7160 (Local Government Code of 1991) because of such appointments.

In his complaint dated September 27, Villarin also accused the respondents of violating the Code of Conduct and Ethical Standards for Public Officials and Employees and of the 1987 Constitution.

“It is very clear that Mayor Osmeña can only appoint all officials and employees of the executive branch of the city government, and certainly, he cannot appoint any member of the City Council to any position in the executive because they are city councilors and members of the legislative branch,” the complaint read.

Villarin said that under Section 7 Article 9 of the 1987 Constitution, “no elective officials shall be eligible for appointment or designation in any capacity to any public office or position during his or her tenure.”

Thus, he said, the mayor is not allowed to designate councilors to perform executive functions, and therefore the appointments were illegal.

Because the councilors accepted their appointments, then they have also violated the law, said Villarin.

Labella was included in the complaint because, as Villarin alleged, the vice mayor did not do anything to stop Osmeña from gaining control of the City Council.

“As a majority leader, presiding officer and a lawyer, the least Vice Mayor Labella could have done for his allies in the council, as his moral and legal obligation to preserve the image and integrity of his office untarnished, was to prevent or convince councilors Tumulak, Abella, and Guardo, who were then members of his own political party under mayor Rama, not to accept their appointments as deputy mayors because he knew, as a lawyer, that this (was) a violation of the Constitution and Local Government Code,” the complaint read.

In his defense, Mayor Osmeña said the deputy mayor designation is just a title since the councilors do not actually sign any vouchers in dispensing their duties as deputies.

“Technically, they are not performing executive functions directly but they help me in making the decision. The deputy mayor is just a title and recognition of their responsibility, but they do not sign the vouchers,” he told reporters at a press conference yesterday.

Osmeña said he is willing to answer the complaint, adding “there is nothing to hide.”

“Yes, let's be transparent about this, no problem,” he said.

In a separate interview, Labella opted not to issue any comments for now.

“I will just answer that in the proper time,” he told The FREEMAN.

As for Gabuya, there was no violation since the appointments were meant to enhance their responsibilities in delivering basic services to the public.

“I don't think so, because it's for the efficient and effective delivery of basic services to our constituents,” he said.

Andales, for his part, declined to comment, pending receipt of a copy of the complaint.

Villarin has asked the Ombudsman to preventively suspend all respondents.

A copy of the complaint was also furnished to the Office of the President.