Zafra: Council’s newly adopted rules not meant to silence VM Osmeña
THE newly adopted House Rules of the Cebu City Council do not seek to strip Vice Mayor Tomas Osmeña of his voice in the legislature, according to Councilor Philip Zafra, who said the amendments simply clarify the vice mayor's role under existing law.
Zafra, chairperson of the Committee on House Rules and Oversight, said the revisions implement a Department of the Interior and Local Government (DILG) legal opinion that limits the vice mayor's formal participation in legislative proceedings while serving as presiding officer.
However, he stressed that Osmeña would still be allowed to express his views during council deliberations.
Speaking to reporters on Friday, July 10, Zafra said the council's decision was not intended to diminish the powers of the vice mayor but to align the city's internal rules with existing legal guidance.
"I don't think it's necessarily clipping the powers of the vice mayor," Zafra said. "The purpose is to put the matter in its proper context."
The clarification came three days after the 17th Cebu City Council adopted a revised set of House Rules that removed provisions allowing the vice mayor to chair committees, sponsor legislative measures, participate in deliberations after relinquishing the chair, and approve the filing of proposed ordinances and resolutions before they are included in the legislative agenda.
The revised rules also expressly require the presiding officer to remain impartial during sessions and reaffirm that the vice mayor may cast a vote only to break a tie.
Zafra said reviewing the House Rules at the beginning of every legislative year has long been standard practice because the document serves as the council's guide in conducting its sessions.
"It is our Bible during council sessions," he said, explaining that the annual review covers committee chairmanships, members' functions, and procedural rules.
He also addressed questions on why the amendments were introduced only this year despite the DILG issuing its legal opinion in 2025.
According to Zafra, the previous House Rules allowed amendments only once every year, preventing the council from immediately incorporating the DILG's interpretation after it was released shortly after last year's inaugural session.
"We simply waited for this year's review to implement the legal opinion," he said.
Recognizing the limitation, the council on July 7 also approved an amendment removing the one-year prohibition on revising the House Rules, allowing future amendments whenever necessary.
The revised House Rules were crafted following DILG Opinion No. 95, Series of 2025, which interpreted Section 49 of the Local Government Code and cited Supreme Court decisions stating that vice mayors and vice governors, as presiding officers, should remain impartial and cannot exercise the same legislative powers as elected members of the council.
Zafra said the opinion specifically states that vice mayors should no longer serve as committee chairpersons.
He admitted he personally disagrees with limiting the vice mayor's participation.
"I, for one, am in favor of allowing the vice mayor to chair committees and to participate in deliberations," he said. "However, because of the legal opinion, those provisions were removed from the House Rules."
Despite the procedural changes, Zafra said he made a formal manifestation during Monday's session urging the council to continue hearing Osmeña's views, especially on important policy matters.
He noted that the manifestation was adopted unanimously by the council.
"Considering his vast experience in public service, I believe we should continue listening to the vice mayor," Zafra said.
He added that whether during official deliberations or while the session is temporarily suspended, council members could still seek Osmeña's guidance and recommendations.
"I will see to it that the vice mayor can still say his piece," he said.
Zafra likewise rejected claims circulating online that the amendments were designed to silence the vice mayor.
"It is unfortunate that some people see it that way," he said. "Our hands are tied by what is provided by law."
While defending the amendments, Zafra acknowledged that the DILG opinion serves only as legal guidance and not as a binding court ruling.
Because of this, the council approved a corollary motion directing the House Rules and Oversight Committee to further review the revised rules and simultaneously seek additional clarification from the DILG.
"If the DILG can provide further clarification, then that would help," he said. "If questions still remain, the matter may eventually be elevated before the courts."
Zafra also believes lawmakers should revisit the Local Government Code to allow vice mayors greater participation in legislative work.
He pointed out that unlike the Senate President and the
Speaker of the House of Representatives—who remain members of their respective legislative chambers while presiding over sessions—a vice mayor occupies a distinct position under the Local Government Code.
"As the law is written now, the vice mayor's role is largely limited to presiding over sessions and breaking a tie," Zafra said.
"I think Congress should review that provision because allowing the vice mayor to participate more fully would make discussions more exhaustive and beneficial."
Zafra, however, said the Cebu City Council will continue following the prevailing legal interpretation while looking for ways to accommodate the vice mayor's views during legislative deliberations.(TGP)