SPORTS HUB ISSUE
How do you compute votes to override a veto?
The vice mayor is included in determining the 2/3 vote needed in the City Council to defeat a veto of the mayor, said an official of the Department of Interior and Local Government (DILG).
“The DILG has been very consistent in its opinion that the vice mayor/presiding officer (or vice governor/presiding officer) is included in the determination of quorum and the determination of the number of votes required to approve measures or actions raised before the sanggunian,” said Danilo Almendras, DILG Cebu City director in an opinion dated Jan. 26, 2015.
Almendras, however, said they can only issue an opinion and not promulgate decisions.
The Cebu City Council sought the DILG’s opinion after they disagreed last month about how to deal with the mayor’s veto on the ordinance which allots 10 hectares of the South Road Properties (SRP) as a one-stop sports hub.
The mayor wanted a smaller area for a sports hub citing traffic impact in the SRP. He vetoed the ordinance last December.
Eleven councilors voted to override the veto but Vice Mayor Edgardo Labella argued that to get the 2/3 vote, the council needs 12 votes.
He said there are 18 council members including himself, the Association of Barangay Councils (ABC) president as ex-officio member and the 16 councilors from the north and south districts.
Councilor Eugenio Gabuya Jr., one of the sponsors of the ordinance, said during last week’s session that Labella shouldn’t be included in the 2/3 vote.
Amidst disagreement, they sought the DILG’s opinion.
In giving his opinion favoring Labella, Almendras cited section 457 of the Local Government Code. This states that the city council is composed of the city vice mayor as presiding officer, the regular sanggunian members, the president of the city chapter of the liga ng mga barangay, the president of the sanggunian kabataan and sectoral representatives as members.
But during yesterday’s regular session, Gabuya was still not convinced with the DILG opinion.
“We have to evaluate this in the proper court. I will seek declaratory relief from the court on the issue,” Gabuya said.
Vice Mayor Labella said he respects Gabuya’s decision and would just wait for the court aciton.
The stalemate will in turn delay the implementation of the ordinance.
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