THE Cebu City Legal Office (CLO) has issued a favorable legal opinion on Vice Mayor Tomas Osmeña’s proposal to authorize Mayor Nestor Archival to lease an office space at Cebu IT Park for the “Mayor of the Night” program.
The CLO has found no legal impediment to the City Government’s plan to enter into a multi-year lease contract for the program to extend city services around the clock.
In a recommendation dated Oct. 27, 2025, addressed to Sangguniang Panglungsod Secretary Charisse Piramide, the CLO said the proposed lease contract for office space at the IT Park in Barangay Lahug appeared “valid and in order,” with terms and conditions consistent with “law, morals, customs and public policy.”
The CLO, however, recommended minor budget wording changes and the inclusion of conditions related to the Multi-Year Contracting Authority.
It suggested a correction in the contract’s technical specifications — changing “Total Approved Budget (For Lease Agreements)” to “Proposed Estimated Budget for Multi-Year Lease Contract” — to cover monthly rentals from Jan. 1, 2026 to June 30, 2028.
Legal basis
The proposed office will serve as the base for the “Mayor of the Night” operations, envisioned to cater to the needs of residents, workers and businesses active during nighttime hours.
The CLO also cited provisions under Section 9 of the Implementing Rules and Regulations of Republic Act 12009, or the New Government Procurement Act, requiring the issuance of a Multi-Year Contracting Authority before any procurement activity begins.
Once these corrections and conditions are fulfilled, the CLO said, there would be “no more legal impediment” for the City Council to authorize Archival to enter into the contract.
Under the “Mayor of the Night” program, City Hall aims to make Cebu City the first local government unit in the country to operate on a 24-hour basis, ensuring accessible services and safer commutes during nighttime hours.
Issues
Councilor Pastor “Jun” Alcover earlier questioned the need for creating a new title and allocating P12 million for the lease of office space over three years.
Alcover said the issue was not about the rental cost but the principle of establishing a new position.
“P12 million is a huge amount, and it’s not even clear what’s included in that budget. They prioritized renting the space first,” Alcover said.
Archival defended the plan, saying the lease amount would cover three years and the full amount would not be necessarily spent.
“Putting an office there will really help them. The P12 million is for three years — it doesn’t mean that the whole amount will be used. We are focused on helping the people and supporting the economy,” Archival said.
Archival added that his working relationship with Osmeña, who authored the proposal, remains positive.
“As mayor and vice mayor, we are good friends. The purpose of government is to serve and guide the people. If there are issues, we can always sit down and discuss what’s best for everyone,” Archival said.
Once approved, Archival will be authorized to enter into the multi-year lease contract for the office space at IT Park, paving the way for the full implementation of the “Mayor of the Night” program by early 2026 with Osmeña taking the lead in its nighttime operations. / CAV