I ALREADY predicted this scenario in my previous column regarding the “big shift” in the Cebu City Council in the next few days. As expected, it’s happening now even before the newly elected councilors assume office and have their inaugural session. I predicted that Barug PDP Laban will compose the majority of the next composition of the council when mayor-elect Edgardo Labella assumes office on June 30.
I predicted that Gerry Guardo and Dave Tumulak’s bolting to Barug PDP-Laban from Bando Osmeña Pundok Kauswagan (BOPK) was already a done deal few weeks after the May 13 elections. Although Guardo lost, he ranked ninth in the elections. There is a big possibility that he can return to the City Council with the decision of the Commission on Elections (Comelec) en banc, disqualifying BOPK’s Alvin Acilla as the latter is no longer qualified to seek another term after serving a full three terms. Arcilla failed to obtain a temporary restraining order (TRO) from the Supreme Court after he was given five days following the Comelec decision; thus, making the poll body’s en banc decision final and executory.
Expectedly, the case of Councilor Sisinio “Bebs” Andales will follow suit as it is the same in nature as Arcilla’s case. A Comelec division also declared Andales’ certificate of candidacy null and void. The Comelec en banc has yet to decide on the matter. If Andales is also disqualified, Councilor Joel “Panday” Garganera who placed 10th will take over his place.
BOPK’s Tumulak already expressed his intention to support the administration of Labella. In fact, Tumulak did not attend the oathtaking of BOPK stalwarts last weekend. So, with Guardo and Tumulak joining the incoming administration and Garganera, Barug PDP-Laban will compose the majority. With the pronouncement of outgoing Councilor Margot Osmeña that her husband is no longer interested in getting involved in politics in future elections, some BOPK councilors might join the other party. Who can fill in the shoes of the “has-been politician” as the titular head of the BOPK? None of them. BOPK will just self-destruct.
With Barug PDP-Laban as the majority in the council, Labella’s legislative agenda will be smooth sailing in the legislative body. Unless Vice Mayor Mike Rama will do some “exhibition” to push his own personal and political agenda. Rama still has the interest, desire and passion to return to the executive. He cannot accept that he will be playing second fiddle to Labella. Magubot na. Ingna ko’g bakakon. Gani karon, dunay naghunghong nako nga gubot na man.
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Here’s a rejoinder of my column last Saturday entitled “A botched midnight deal.” The lawyer-friend who texted me denied “brokering” the deal. He said he is just one of the external counsels giving legal advice on the project. Here are his thoughts:
“Super Bob, just a little comment on your column last June 22. At the point of acceptance of the unsolicited proposal and grant of original proponent status (OPS), all submissions of the proponent are still proprietary and confidential in nature. Only at the point when negotiations are completed and invitations are issued for competitive bids or Swiss challenge phase are the challengers allowed to have access to the submittals of the original proponent.”
“And the City Council will have the chance to scrutinize the details of the project when it is submitted to them for approval and for the grant of authority on the chief executive to award and sign any implementing agreement. A public hearing may also be done at the point. Please note that the Metro Pacific Investments Corp. (MPIC) proposal was submitted way back in August 2018, so it’s not as if there was any rush in the grant of the original proposal status. In fact, it took longer for this administration to accept the waste management proposal than the time it took former mayor Mike Rama’s administration to accept the proposal of Metro Pacific Tollways Corp. for the Cebu Cordova Link Expressway Project.”
The lawyer-friend added: “On June 4, when we were called by the joint venture selection committee (JVSC) to a meeting after being granted the original proponent status, we already stated on record that it was MPIC’s position to no longer proceed with any negotiations and to just await the composition of the new JVSC by the incoming administration. Also, I hope that you can suspend judgment on which technology is superior and more appropriate for Cebu City’s peculiar needs when you have all the facts and data at your disposal. Lastly, I am just one of the many external counsels of MPIC. I advise on the legal aspects of projects not exactly brokering for the same. Thank you for always being objective.”
Well noted my friend. Anyway, whether it was an aborted “midnight deal” or not, we will give the full discretion and prerogative to the incoming administration to accept or reject the proposal. Waste management disposal, in whatever system or technology, is very important for any highly urbanized local government unit like Cebu City. What the taxpayers need is transparency, legal and aboveboard transactions and not “monkey business.”