Labella to Tomas: Sue

CEBU, Philippines — Cebu City Vice Mayor Edgardo Labella has welcomed Bando Osmeña Pundok Kauswagan’s plan to take legal action against his ally, Association of Barangay Councils (ABC) President Phillip Zafra.

“That’s their (BOPK-allied councilors) right. They can action in court; maybe file the declaratory relief to settle the issue once and for all,” he told reporters via teleconference yesterday.

BOPK wants Zafra out of the City Council. Zafra has an ex-officio status because he sits in the council by virtue of his being ABC president. 

Mayor Tomas Osmeña earlier said BOPK will take legal action to prove that Zafra’s term as an ex-officio member of the council ended in June 2016 yet when the term of the previous council ended.

Zafra stood firm not to vacate his position.

“I maintain my stand — with all due respect to the mayor — that I’m still the ABC president. I am still in the place and the Department of the Interior and Local Government did not say to vacate the position,” he said earlier.

Labella, a lawyer by profession, explained that Zafra’s term has not yet ended as the law did not provide that the term of ex-officio members is only until June 2016.

 “…Besides what expired was the term of the members of the council whose term was on 2013 until 2016, but the term of barangay captains since it was extended it did not expire in 2016, considering that he was duly elected and there was an extension. So he was not a part of those whose term expired in 2016,” he said.

Labella and Zafra are affiliated with Barug Team Rama.

But Labella said the matter will be brought before the DILG and the Liga ng mga Barangay sa Pilipinas (LnB) to put an end to the issue.

In a separate interview, lawyer Joseph Bernaldez, City Legal Office head, said the holdover capacity of the ex-officio members is still unclear.

“Ang akong punto, ang balaod mismo nga pirmahanan pa ni President Duterte to postpone barangay elections, nakabutang ba kun duna’y holdover capacity ang mga barangay officials including ABC president? If the law is silent about that meaning kinahanglan mo-vacate gyud sila sa opisina, but if the law will say nga holdover capacity including  ABC president then balaod mana we have to follow. That remains to be seen because until now we didn’t see the law itself,” he said.

The National Executive Board (NEB) of the Liga ng mga Barangay sa Pilipinas has decided to put league elections on hold while it looks into the DILG memorandum, which directs it to hold elections immediately.

The NEB has also directed all incumbent Liga chapter officers, including the ex-officio members, to remain in their posts.

In a memorandum dated September 6, DILG has directed LnB to hold ex-officio election not later than November 30 this year. (FREEMAN)