Legislators override Rama’s veto on sports hub ordinance
The Cebu City Council is seeking the opinion of the Department of Interior and Local Government (DILG) on their vote to Cebu City Mayor Michael Rama‘s veto of a city ordinance earmarking 10.5 hectares of land at the South Road Properties (SRP) as a one-stop sports hub.
During their session yesterday, 11 out of 17 councilors voted to override Rama’s veto.
These were Councilors Eugenio Gabuya Jr., Mary Ann Delos Santos, Hanz Abella, Alvin Dizon, Lea Japson, Nida Cabrera, Sisinio Andales, Margarita Osmeña, Roberto Cabarrubias, Nestor Archival and Alvin Arcilla.
Councilors Noel Wenceslao, Gerry Carillo and James Anthony Cuenco voted against while Richard Osmeña and Dave Tumulak weren’t around during the voting.
In order to override a veto, a vote of two-thirds is needed from the council. Gabuya said since there are 17 councilors, 11 votes is already two-thirds.
Gabuya, one of the ordinance’s authors said a 3-5 hectare area, as haggled by the mayor, isn’t enough for a one-stop sports hub.
“How can we call it a one-stop sports hub if it’s only 3-5 hectares? That would fit only one basketball court,” Gabuya said.
But Vice Mayor Edgardo Labella said he should be counted as part of the council since he was present.
“Since the presiding officer is a member of the sanggunian, per the case of Gamboa vs Aguirre and Araneta and since during that particular session he was present, he is to be included in the determination of whether or not the simple majority vote was met,” Labella said, quoting a 2001 DILG legal opinion which he secured.
But this was contested by Gabuya who also took out another, more recent DILG opinion. He said Labella’s DILG opinion only refers to simple majority voting.
The DILG opinion dated September 27, 2007 was given by then DILG undersecretary Austere Panadero in response to to then Tanauan City Mayor Sonia Aquino of Batangas province.
Panadero said the vice mayor can only be included in the vote count if there is a tie.
Since no agreement was reached, the council decided to refer the matter to the DILG to rule on the specific case.
Related Stories:
Council approves sports hub in SRP
Rama vetoes sports hub ordinance
Smaller sports hub better for SRP, says Rama
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