Fortuna: Usurpation of authority violation if revamp is implemented
COMMITTEE REVAMP SLAMMED
MANDAUE City Vice Mayor Carlo Pontico Fortuna has warned the majority of the City Council, who passed the resolution regarding the revamp of standing committee chairmanships, that they could be liable for possible violation of usurpation of authority.
Fortuna, who is the presiding officer of the City Council, said that standing positions of the regular committees would remain as is.
He warned about a possible violation of usurpation of authority if a public officer would perform the other functions that would be considered as null.
Fortuna was referring to the passing of Resolution 181-2018, or reconstituting the composition of some standing regular committees of sanggunian even after Fortuna, the presiding officer, called for an adjournment.
The resolution named those who would fill the positions left vacant after the demise of the late Councilor Demetrio Cortes Jr.
But Fortuna said the proposed revamp also included those committees that were not vacant.
“Any reactions of the members of the council were driven by nothing else except politics,” said Fortuna, who declared the resolution as out of order as it does not constitute a revamp unless the position is vacant.
After Fortuna and five other councilors exited the session hall, Councilor Nenita Ceniza–Layese was appointed by remaining city officials to stand as the presiding officer and continued the proceeding.
“They elected me as the presiding officer so I have to continue the session. I took again the resolution no. 181 reorganizing some of the regular members of their regular components of the committee,” said Layese.
“So simply it was carried because we are the majority,” she added.
When sought for comment on Fortuna’s warning of usurpation of authority, Layese said in a text message to Cebu Daily News on Friday that the warning was just Fortuna’s opinion.
“The resolution was duly adopted by the majority members of the sanggunian. It is only his (Fortuna’s) opinion that there will be usurpation of authority. As presiding officer, he should not decide, he should preside,” said Layese in a text message.
However, Fortuna, for his part, does not believe in numbers as the main issue there was the “wrong” resolution.
“It was a wrong resolution. It was a violation of the house rules,” said Fortuna.
“Even if you have the numbers. It does not mean you are above the law,” he added.
Among those affected by the resolution was Councilor Raul Kevin Cabahug V, who was replaced from his chairmanships of the committees on health and hospital services and youth and sports development.
Part of the reorganization, he will be replaced by Councilors Marie Immaline Cortes – Zafra and Dallie Mae Cabatingan.
Moreover, Cabahug was removed from being the member of the committees of environmental protection; social service; women and family and as vice chairman of the committee on laws and ordinances.
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