Council adopts new House rules, strips Tomas of key legislative powers

CEBU CITY, Philippines — The Cebu City Council on Tuesday adopted a new set of House Rules that significantly limit the legislative role of Vice Mayor Tomas Osmeña, stripping him of powers previously recognized under the council’s internal rules and confining his functions largely to presiding over sessions and casting a vote only to break a tie.

The amendments align the council’s internal rules with a Department of the Interior and Local Government (DILG) legal opinion interpreting Section 49 of the Local Government Code, which holds that a vice mayor, as presiding officer, must remain impartial and cannot actively participate in legislative proceedings as regular council members do.

This is one of the most significant procedural changes approved by the 17th Cebu City Council since its reorganization, redefining the Vice Mayor’s role by shifting legislative actions, such as sponsoring measures, participating in floor debates, and managing the filing process, strictly to the regular council members.

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The revisions also created divisions between the council majority and minority, with opposition councilors questioning both the legality of the changes and the manner in which they pushed them through, arguing they received the proposed rules only hours before deliberation.

Despite the objections, the majority approved the new House Rules after adopting a minor amendment. It later referred the measure to the House Rules and Oversight Committee for further review and to the DILG for clarification on issues raised during the session.

Majority cites DILG opinion

Councilor Mikel Rama, House Rules and Oversight Committee vice chairman, defended the revisions, saying they merely conform with DILG Opinion No. 95, Series of 2025, which interpreted the powers of vice local chief executives under the Local Government Code.

Rama said the DILG opinion, which cited Supreme Court rulings in Zamora v. Caballero and Javier v. Cadiao, recognized that a vice mayor does not enjoy the same participatory rights as elected members of the council because he represents the entire body politic rather than a specific district.

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“The new proposed rules only seek to conform with the provisions of law, particularly the Local Government Code as confirmed by the DILG,” Rama told the council.

He said the legal opinion answered in the negative to the questions on whether a vice mayor might sponsor legislative measures or serve as chairperson or member of a regular committee.

Rama also cited the opinion’s conclusion that the vice mayor’s voting authority remains limited to breaking deadlocks.

He added that the revised rules likewise removed the requirement that proposed ordinances and resolutions secure the vice mayor’s approval before filing because neither the Local Government Code nor parliamentary practice grants the presiding officer authority to approve or disapprove legislative measures.

Instead, Rama argued, the majority floor leader would handle legislative procedures while the vice mayor would preside over council sessions.

READ: Tomas Osmeña: City council is a ‘waste of time’ amid budget row

Key powers removed

Among the significant changes adopted under the new House Rules:

The provision allowing the presiding officer to participate in deliberations after relinquishing the chair was deleted.

The rules now expressly require the presiding officer to maintain impartiality while presiding over sessions.

References requiring the vice mayor’s approval before proposed ordinances and resolutions proceed to the legislative agenda were removed.

The revised rules reinforce that the vice mayor votes only in case of a tie.

Minority questions process

Minority Floor Leader Councilor Sisinio Andales objected to both the substance of the amendments and the procedure used to adopt them.

He argued that council members had no adequate opportunity to study the proposed House Rules before the session.

“This is the first time that I have read the proposed House Rules,” Andales said, insisting members deserved sufficient notice and consultation before approving major procedural changes.

He questioned why longstanding provisions had suddenly disappeared from the rules without prior discussion.

Andales also challenged the majority’s reliance on the DILG opinion. He noted that the document itself states it rests solely on the facts presented and remains “without prejudice to any contrary opinion, decision, and/or orders of other government agencies and the courts.”

He argued that such legal opinions carry persuasive—not binding—authority.

“My point is very clear,” Andales said. “They want to stifle the right of the Vice Mayor.”

According to Andales, removing the vice mayor’s authority to approve legislative filings undermines his role as head of the legislative department.

He also repeatedly complained that the majority curtailed the minority’s opportunity to scrutinize each amendment before proceeding to a vote.

Majority defends adoption

Rama acknowledged that DILG opinions do not bind courts but argued they serve as official guidance for local governments in interpreting the Local Government Code.

“Otherwise, walay gamit ang DILG kung moadto na sa seryahan (Otherwise, the DILG would serve no purpose if everything had to end up in court),” Rama said.

Councilor Jun Alcover later moved to “divide the house” after Andales formally objected to the measure.

Some majority members raise concerns

Despite voting for the revised rules, several members of the majority acknowledged procedural concerns.

House Rules Committee Chairman Councilor Philip Zafra said he personally believed a vice mayor should retain the opportunity to express his views during deliberations, particularly given Osmeña’s experience in public service.

“I, for one, would like the Vice Mayor to chair a committee,” Zafra said, although he added that the council had to defer to the DILG’s legal interpretation.

Councilor Paul Labra also said members from both political groups should participate in drafting future amendments, noting that many councilors received the proposed revisions only on the afternoon of the session.

Rules approved, review ordered

Before final approval, the council adopted Zafra’s amendment removing a provision that prohibited amendments to the House Rules within one year of their effectivity or within one year before a regular local election.

The council then approved a corollary motion referring the newly adopted House Rules to the House Rules and Oversight Committee for further review.

Upon Zafra’s motion, the council also agreed to seek additional clarification from the DILG regarding legal questions raised during the deliberations.

Even as the review proceeds, the newly adopted House Rules immediately take effect and will govern the proceedings of the 17th Cebu City Council.

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