THREE LAWYER-MEMBERS of the city council who tried to block legislative measures granting “blanket authority” to the city mayor to sign and enter into contracts of services warned fellow lawmakers that the city chief executive could be “courting legal trouble.” City Councilors Oscar Glovasa, Alexander Lim and Nerio Zamora II said the recently enacted budget ordinance for this year which effectively granted Tagbilaran City Mayor John Geesnell Yap II a “continuing authority” to hire “contractual” and “casual” employees could open the floodgates for more executive privileges that would bypass legislative review as required under the Local Government Code. During the Sangguniang Panlungsod (SP) session last Friday, Councilor Glovasa pointed out in open session that issuing such “blanket authority” could hold fellow city councilors behind the legislative measure, including the city mayor, susceptible to legal problems.

City lawmakers had another showdown during Friday's session, as councilors allied with Mayor Yap introduced a resolution restoring the authority granted by the Sanggunian to the city mayor to enter into contracts of services with professionals and non-professionals. The new measure, sponsored by City Councilor Adam Jala, was adopted by a vote of the majority of administration lawmakers and in effect, revoked a previous SP resolution authored by Councilor Lim which suspended the mayor's authorization to hire “contractuals" and “casuals” without going through the usual ratification process of the city council. It may be recalled that during their session last week, the city council also enacted the 2014 Budget Ordinance even as four councilors belonging to the minority questioned the “insertion” of a provision which accorded to the city mayor absolute hiring powers. Councilor Lim called the “insertion” illegal and not in conformity with budgetary rules and requirements as set under the Local Government Code as well as the Budget Manual for Local Government Units issued by the Department of Budget and Management (DBM). He also cited Memorandum Circulars issued by the Civil Service Commission (CSC) and the Commission on Audit (COA) specifically the Omnibus Rules on Appointments and Other Personnel Actions.

COURT PETITION MULLED

According to reports, the SP minority bloc which voted against the passage of the budget ordinance and the new resolution, composed of Glovasa, Lim, Zamora and City Councilor Lucille Yap-Lagunay, may be filing a petition at the Regional Trial Court (RTC) for Declaratory Relief with Injunction seeking for the removal of the so-called “insertion” in the budget ordinance. Asked to confirm the report, Councilor Lim said the courts have the jurisdiction over such legal issues under Rule 63 of the Rules of Court, since the question involves an enacted ordinance. However, the lawmaker said the minority is still considering the court option, as the budget ordinance will also have to undergo review by the Sangguniang Panlalawigan. The questioned provision in the budget ordinance, Section 12.1.a, states: “The Honorable City Mayor is hereby authorized to engage the services of or enter into contracts of services with professionals, non-professionals, contractual and consultants and/or hire job order casuals at the reasonable rate to be determined by the LCE.”

According to Lim, such authority given to local government executives leads to the loss of check-and-balance and will be a bad precedent that could be used not only in engaging the services of professionals and non-professionals through contracts of services, but also in the implementation of infrastructure projects by giving the executive the sole discretion on project implementation. Glovasa had clarified during radio interviews that the city mayor could still exercise his “inherent power” to enter into contracts of services, but this should come with the ratification of the SP. “It is unlawful, even criminal, to allow such “continuing authority” or “blanket authority” to local chief executives,” said Glovasa, who is a bar topnotcher.

“OVERKILL”

The minority calls the passage of the two measures, including the questioned provision in the Budget Ordinance and the new resolution, a “legislative overkill.” According to Councilor Lim, these legislative measures may only give the city mayor and other top city officials an opportunity to abuse the hiring of contractual and casual workers. “A blanket authority defies civil service rules that hiring of contractual and casual workers should be for short periods of time not to exceed 6-months. The budget ordinance effectivity and duration is for one year, while the resolution, is inevitably the result of a tyranny of numbers at the city council,” Lim added. Aside from being contrary to budgetary rules, the so-called “insertion” in the city budget could pave the way for similar authorizations given to the city mayor, such as inclusion of a blanket authority in the contracting of infrastructure projects.“This is a bad precedent,” Lim explained. “At the proper time and venue, either through the RTC or the provincial board, our group will have to assert our objections to these legislative measures, for being patently unlawful, and it must be declared invalid and stricken down,” Lim concluded.