Particularly in Puerto Princesa city, the passive policy making body which is the City Council has caught my attention last night. I watched the statement of City Vice Mayor Peter “Jimbo” Maristela through a reel post by Palawan News about the barring of the presiding officer of the council to participate or deliver a speech during the session of the council that misconstrued the intent of law on local government.
It is clearly defined by law, not an opinion, in the Local Government Code of 1991 the functions, duties and powers of the City Vice Mayor and city councilors including the ex-officio members who are the President of ABC, Sangguniang Kabataan, Indigenous Peoples, Business Sector, etc.
I have known Vice Mayor Maristela since our college days. He was an activist and a genuine student leader—assertive, especially when he believed he was on the side of reason. Now a lawyer and progressive thinker, he is even more qualified to serve as vice mayor and presiding officer of the City Council.
As City Vice Mayor, Maristela should perform the powers, duties and compensation as provided expressly under Section 456 of the Local Government Code of 1991 as follows:
(1) Be the presiding officer of the sangguniang panlungsod and sign all warrants drawn on the city treasury for all expenditures appropriated for the operation of the sangguniang panlungsod;
(2) Subject to civil service law, rules and regulations, appoint all officials and employees of the sangguniang panlungsod, except those whose manner of appointment is specifically provided in this Code;
(3) Assume the office of the city mayor for the unexpired term of the latter in the event of permanent vacancy as provided for in Section 44, Book I of this Code;
(4) Exercise the powers and perform the duties and functions of the city mayor in cases of temporary vacancy as provided for in Section 46, Book I of this Code; and
(5) Exercise such other powers and perform such other duties and functions as may be prescribed by law or ordinance.
(b) The city vice-mayor shall receive a monthly compensation corresponding to Salary Grade twenty eight (28) for a highly urbanized city and Salary Grade twenty-six (26), as prescribed under R.A. No. 6758 and the implementing guidelines issued pursuant thereto.
But there is the Doctrine of Necessary Implication that the members of the City Council of Puerto Princesa city must be reminded about the imperfect Local Government Code of 1991 which was enacted during the term of former House Speaker Ramon V. Mitra.
Congress is composed of imperfect individuals with varying levels of knowledge and judgment. No statute can anticipate every detail or situation that may arise in its application. Even legislation intended to be comprehensive at the time of enactment may later prove inadequate as future events unfold. As a law is implemented, gaps may emerge that require interpretation.
The Doctrine of Necessary Implication is one of the rules of statutory construction used to fill in the gap in the enacted law such as the Local Government Code of 1991. The doctrine states that what is implied in a statute is as much a part thereof as that which is expressed.
Even the Supreme Court recognized that every law is understood, by implication, to contain all such provisions as may be necessary to effectuate its object and purpose, or to make effective rights, powers, privileges or jurisdiction which it grants, including all such collateral and subsidiary consequences as may be fairly and logically inferred from its terms.
Every statutory grant of power, right or privilege is deemed to include all incidental power, right or privilege. This is so because the greater includes the lesser, expressed in the maxim, in eo plus sit, simper inest et minus.
But why do the City Councilors want to suppress Maristela to deliver his succeeding speeches or participate in the deliberation actively in the session? What are they afraid of? This makes some friends in the city doubt the motive of the City Councilors to gag up on Maristela.
From what I observed, Maristela is performing well in his capacity as City Vice Mayor, and that he satisfied the expectations of his supporters in the city.
If some City Councilors believe they have a valid cause of action, their proper remedy is to go to court and challenge Maristela’s actions if they consider them illegal or contrary to law or ordinance. They should not rely solely on a legal opinion from the Department of the Interior, because such an opinion is not controlling or binding. It is only an opinion, as everyone knows. If Maristela delivers a strong speech, the Councilors should respond with their own stronger arguments.
Well, the filing of candidacy is in October next year. Whoever is dreaming to become the next City Mayor should start going around the barangays. I heard former City Vice Mayor Maria Nancy M. Socrates has already started visiting friends and roaming the city, day and night, since day one after the last elections of May 2024. Socrates is determined to run again for the position of City Mayor in 2028, her close allies told me.
And who among the old timer City Councilors are brave enough to challenge and try to defeat Socrates in the May 2028 local elections?
