[] If no one complains, “illegal” practice, undaunted by DILG opinion, is likely to continue. Yet local officials may be sued for dereliction of duty and affected legislation may be assailed in court or administrative forum. Some Cebu officials had been suspended or fired for less serious offenses.
[] Underlying reason for ban: Vice mayors and vice governors are considered members of the Sanggunian but they cannot exercise full rights of regular members.
THE LAW AS DILG, CITING LAW AND SC RULINGS, SEES IT. According to DILG (Department of the Interior and Local Government), the vice governor or vice mayor (of a city or town) has no right to:
[] introduce or sponsor a legislative measure;
[] chair a committee; or
[] participate in a debate or deliver a privilege speech.
The rule is express and clear in DILG Opinion #95 series of 2025, dated August 1, 2025. Which reaffirms its earlier ruling in DILG Opinion #150 series of 2022. Both opinions rely on Republic Act 7160 or Local Government Code and Supreme Court ruling in, among other cases, Javier vs. Cadiao.
The DILG opinion explains it thus: The vice mayor or vice governor is considered a member of the City Council or Provincial Board to determine a quorum. It is "anomalous and absurd" if he is not considered a member when he mandated to vote in case of a tie.
But, a big BUT, the vice guv or VM cannot exercise the rights of a regular member, unlike the regular and ex-officio members who enjoy "full rights of participation, which include debating and voting."
The DILG opinion, citing the law and high court rulings, said: Had the lawmakers intended to allow the vice mayors and vice governors "to participate in the floors of the Sanggunian, aside from voting in case of a tie," they would've "included it in the law and not separate them (from) the rights enjoyed by regular members."
The distinction is that the regular members represent specific districts while vice mayors and vice governors do not.
CEBU CITY COUNCIL RULES OF PROCEDURE, approved July 8, 2025, include these "rights" of the vice mayor to:
[] "author or co-author and ordinance or resolution" (section 3-c);
[] "participate, if he so desires, during the deliberation, provided however that he first relinquish his chair as regular presiding officer and yield the same to a temporary presiding officer..."
He reassumes as presiding officer after his participation in the deliberation, the rule says (section 3-d).
CEBU PB RULES OF PROCEDURE don't include provisions similar to those of the Cebu City Council.
The only provision related to the rights of a regular member that the PB's current IRP mentions is about committee membership: The vice governor as PB chairman "shall automatically become a member of all committees as a non-voting member" (section 1-k).
Deleted from the new IRP of the Cebu Provincial Board -- adopted July 7, 2025 -- was the provision that gagged then vice governor Hilario Davide III during his two terms (2019-2025) as VG and presiding officer of the Provincial Board.
Junjun belonged to the rival party that fought then governor Gwen Garcia in the 2019 and 2022 elections. He won amid an otherwise total sweep by Gwen's One Cebu Party.
The eliminated provision (in paragraph b, section 1, rule 2 of the PB's 2019 rules of procedure) read: "The vice governor as chairman and presiding officer cannot take part in the deliberation of the Body except only to preside the Body and to vote in case of a tie. As vice governor, he cannot step down and vacate his position as chairman and presiding officer for purposes of sponsoring a resolution, ordinance or any other related official business or matter of the Sangguniang Panlalawigan."
That's even more specific and detailed than the prohibition in the 2025 DILG opinion.
It's not there anymore, removed apparently for political reason as well, since keeping the ban would've gagged under the rules Vice Governor Glenn Soco, ally of One Cebu regular members dominating the current PB.
Related: Seares: Vice Guv Soco and VM Osmeña cannot relinquish job of presiding officer to take part as regular member of the Sanggunian, SunStar April 9, 2026
Full text of Internal Rules of Procedure of Cebu City Council and Cebu Provincial Board in CJJ: https://cebujournalism.ph (under category "Dossier: Media-useful Papers")
DIFFERENCE BETWEEN RULES. The Cebu City Council rules of procedure expressly allow the vice mayor to author resolutions and ordinances and take part in deliberations, which contradict the law-and-SC-based opinion of DILG.
The Cebu Provincial Board IRP, in contrast, is silent on that right of its presiding officer.
WHAT'S THE ACTUAL PRACTICE? Vice Mayor Tomas Osmeña heads committees and files resolutions or ordinances, as well as stepping down from the presiding officer's rostrum to join the discussion or debate.
Allowed by the City Council's IRP but a violation of the law and jurisprudence, according to the DILG opinion.
It's not ascertained if at the PB Vice GuvSoco authors legislation and pushes it on the floor like a regular member and like VM Tomas at the City Council. (The Capitol legislature is inadequately covered by regular media and, as in the past, almost ignored by the province-owned media except when the governor attends a PB activity.)
THERE'S THE DANGER of a City Council or Provincial Board official being sued for dereliction of duty or an affected resolution or ordinance being questioned in court or a quasi-judicial forum.
That may not faze VG Soco or VM Osmeña. But, on record and in the public eye, violating DILG policy in effect would disregard the law and the Supreme Court interpretation of the law.