[] Filing of contempt case may lead to litigation, which may settle the question whether the city ordinance on power of subpoena and contempt is within the local legislature's authority.
[] It is "ultra vires," then mayor Mike Rama said in his veto of the ordinance. The veto was in effect set aside when then acting mayor Raymond Garcia later approved the ordinance.
THE chief of hospital at the Cebu City Medical Center (CCMC), Dr. Peter Y. Mancao, Wednesday (October 30, 2024) explained his absence at the executive session called by the City Council inquiring into delays in the construction of the city's hospital.
He told me he'd attend the next executive session, scheduled on November 7, after Dr. Mancao, representatives of DEPW, and project contractor C.E. Padilla failed to attend Tuesday's session.
Mancao had attended one executive session, came for another that was cancelled, and sent a representative to the October 29 session.
EMERGENCIES, OTHER REASONS. Mancao cited reasons for his non-attendance that, with absences of other city officials invited, must have prompted the City Council to "consider" filing a complaint for contempt under a city ordinance. The reasons:
-- Dr. Mancao's own medical emergencies, which required him to be operated on and to undergo some treatment.
-- The City Council invitation asked for him "or your representative," which gave options to the invitee.
-- He was told by his representative, Atty. Ken Sayruddin, which was also Mancao's own impression after he attended the August executive session, that they already gave Sanggunian the needed information.
WARNING OF CONTEMPT; 'WE'RE OPEN.' Apparently, on each of the past invitations of the City Council, "only one to three key figures" showed up. Majority Floor Leader Jocelyn Pesquera was quoted by news media Tuesday that they "risk facing contempt charges if they continue to ignore the Council's invitation." Councilor Mary Ann de los Santos of the minority BOPK -- whose privilege speech of June 26, 2044 set off the inquiry into CCMC -- said the absences might be "intentional" to prevent the City Council from looking into the long-delayed project.
In contrast, Dr. Mancao told me, "We're very open." CCMC, responding to the City Council inquiry, has attended the executive sessions and provided the information through him and his representative. Maybe, the threat to sue refers to the other invitees who didn't show up, not to CCMC, he said.
WHAT MANCAO SAYS HE KNOWS. The CCMC chief told me his knowledge is limited to what he learns in advising the builders about the needs of the under-construction building. He said that as chief of hospital, his work is administration of hospital functions. The builders would ask him, he'd tell them and sometimes they'd say that it cannot be done.
Also, Dr. Mancao was appointed CCMC officer-in-charge only last May 11, 2023, assuming hospital duties almost a decade after the construction started.
DECADE-LONG DELAY. Started in 2014, CCMC has only three of its 10 floors fully operating. Mancao in my interview conceded that the eighth and ninth floors are the admission area and would serve a lot more patients. On December 18, 2023, then mayor Mike Rama "pledged" to finish CCMC's 10th floor by February 2024 and "at no cost to the City Government."
Last March 3, 2023, News+1 noted that P1 billion more was needed to complete CCMC, which would raise cost of the 10-story building to P3 billion. In July 2023, COA disclosed that the contract price was "bloated" by P62 million.
'WE'RE VERY OPEN.' On the contempt threat, Dr. Mancao told me Wednesday, "we're very open" about the CCMC construction. The day before that, Atty. Sayruddin, one of the hospital's resident lawyers, informed him that "everything was all right," apparently before Councilor Pesquera spoke out about the risk of contempt.
The Cebu City Council ordinance granting itself the power to investigate "in aid of legislation" and the power of subpoena and contempt was rejected on January 19, 2024 by then mayor Michael Rama as "ultra vires" or outside the authority of the local legislature. Last August 21, 2024, the City Council was informed that then acting mayor Raymond Alvin Garcia had signed the same ordinance into law (City Ordinance #2748).
QUESTION OF LEGALITY. A complaint for contempt against Dr. Mancao and other city officials may lead to a court ruling on the legality and constitutionality of the ordinance, which then mayor Rama was sure it is "ultra vires" but Councilor Rey Gealon, committee on laws chairman, would want to find out for sure.
Gealon apparently wants to know if a power denied directly by law and jurisprudence can be granted indirectly through the court. Gealon conceived the idea of filing a complaint with the court instead of the Sanggunian enforcing by itself the power of contempt.