Labella aide seeks DILG opinion on 2-mayor memo

CEBU, Philippines - Even as Cebu City Vice Mayor Edgardo Labella's designation as acting mayor ended yesterday, his aide has brought to the attention of the Department of Interior and Local Government the memorandum of Mayor Tomas Osmeña that also assigned City Administrator Veronica Morelos as acting mayor.

"This office humbly requests the Department of Interior and Local Government to render a legal opinion to rule on the validity of the subject Memorandum and whether or not the same is not contrary to the Local Government Code," reads the request filed by Atty. Maru Salvatierra.

Osmeña issued the memo last July 22 before he flew to Japan to celebrate his birthday and that of his wife, Councilor Margarita Osmeña, as well as their wedding anniversary.

Considering that Osmeña is set to leave the country again from August 4 - 14, Salvatierra believes it is best to have the 'double designation' issue clarified.

"Atty. Maru Salvatierra actually sought the position of the DILG on the matter to settle because this might be used in the future references not only in this particular case because I was told that it is only Cebu City in such situation where there are designated two acting mayors and the other one is not even elected by the people," Labella said.

The letter cited Section 46 of the Local Government Code, which states, "when the governor, city municipal mayor, or punong barangay is temporarily incapacitated to perform his duties for physical reasons such as, but not limited to, leave of absence, travel abroad, and suspension from the office, the vice -governor, city-or municipal mayor or the highest ranking sangguniang barangay member shall automatically exercise the power and perform the duties and functions of the local chief executive concerned."

Labella said confusion is the possible implication of having two acting mayors.

"Of course, there will be confusion and that considering that the law does not allow other than the vice mayor, so whatever are the actions taken to the other one it has no binding legal effect. It has no legal effect that's my position because it is not what is provided for the law. We should always adhere to the law," Labella said.

Morelos said earlier the double designation might have been for purposes of check and balance but Labella said the same applies between the legislative and executive.

However, when the vice mayor performs the duty of an acting mayor, he or she then performs the job of an executive official.

Osmeña is expected to return to work today.

He will leave the country next month for his medical checkup. (FREEMAN)