DILG: Council can function even with just four members

CEBU, Philippines - The Department of Interior and Local Government-7 has given the Cebu City Council the go signal to hold sessions despite only four members left – three councilors and the presiding officer, the acting vice mayor.

In a letter to acting vice mayor Lea Ouano – Japson, DILG-7 director, lawyer Rene Burdeos, said the council can operate even with the number.

"The quorum shall be determined from the remaining four (4) out of the eighteen (18) members. The presence of three (3) members, including the ex-officio member and the Acting Vice Mayor herself, is sufficient to constitute a quorum and transact official business, such as the conduct of session," the letter reads.

Burdeos also cited DILG Opinion No. 034, s. 2012, which underscores strict application of the court's ruling in the case of Zamora versus Caballero on matters of quorum.

The DILG opinion says determining a quorum shall be based "on the total number of members of the Sanggunian in all instances even those where the Sanggunian can no longer exercise its coercive power under Section 53 (b) such as death of suspension of any member thereof would nonetheless defeat the aforesaid 'meaning and intention' of the legislature and accordingly cripple the functioning of the Sanggunian."

Only four councilors are left in the City Council following the suspension of Mayor Michael Rama, Vice Mayor Edgar Labella and 12 councilors for abuse of authority over the release of P20,000 calamity aid to City Hall officials and employees in 2013. 

Spared from the six-month suspension are councilors Japson, Margot Osmeña, James Cuenco, and Richard Osmeña who did not receive the aid. 

Osmeña, the majority floor leader, then assumed as acting mayor while Japson assumed as acting vice mayor and the council's presiding officer.  With the go signal from DILG, Japson said the next session will take place on June 1, Wednesday.  — (FREEMAN)