‘GOOD AS DEAD’: Why Iloilo City councilors say Baronda cannot sponsor her own measures

By Rjay Zuriaga Castor

ILOILO CITY — Vice Mayor Julie Grace “Love-Love” Baronda’s pending legislative measures face a major setback as City Council members allied with Mayor Raisa Treñas-Chu seek to formally limit the vice mayor’s role in sessions to presiding over proceedings and voting only to break a tie.

The proposed resolution, authored by Councilor Rommel Duron, seeks to adopt Department of the Interior and Local Government Legal Opinion No. 95, Series of 2025, into the Iloilo City Council’s Internal Rules of Procedure.

As a courtesy to Baronda, who was on official travel during the session on Wednesday, Sept. 2, the council deferred action on the proposal and referred it to the Committee on Rules.

The move comes amid tensions between Baronda and members of the City Council after the vice mayor criticized the body for the slow movement of 12 proposed ordinances and one resolution that remain pending or stalled in various committees.

Baronda had on several occasions vacated the presiding officer’s rostrum, temporarily turned over the gavel, and taken a seat on the regular legislative floor to sponsor her proposed measures, deliver manifestations, and participate in debates.

The same practice was observed during the term of former Vice Mayor Jeffrey Ganzon.

“While we acknowledge the intent behind these measures, the manner in which they were defended on this floor by the presiding officer is an absolute violation of law and jurisprudence,” Duron argued.

What the DILG opinion says

The DILG opinion, dated Aug. 1, 2025, was issued by the Office of the Undersecretary for External, Legal and Legislative Affairs in response to a March 22, 2024, query from an official of Barangay Punta in Aparri, Cagayan.

The four-page opinion states that the vice mayor, as presiding officer of the Sangguniang Panlungsod, is a composite member of the sanggunian and is therefore counted in determining whether a quorum exists.

Citing Section 49 of Republic Act No. 7160, or the Local Government Code, the DILG said the vice mayor’s voting power is limited to breaking a tie.

The Local Government Code, enacted in 1991, designates the vice mayor as presiding officer of the city council and provides that the presiding officer votes only to break a tie.

The vice mayor, according to the opinion, does not have the same voting rights as regular sanggunian members on every question or measure brought before the legislative body.

The DILG also cited the Supreme Court ruling in Javier v. Cadiao, emphasizing the vice mayor’s role as an impartial presiding officer rather than a representative of a particular constituency or group.

That 2016 ruling arose from a dispute in the Antique provincial board over whether the vice governor, as presiding officer, could vote on the election of a temporary presiding officer.

Because of this role, the DILG said the vice mayor does not enjoy the same floor rights as regular members of the sanggunian, including the right to introduce or sponsor legislative measures, participate in debates and deliberations, or deliver privilege speeches.

The opinion likewise states that the vice mayor cannot chair, co-chair, or serve as a member of a regular legislative committee.

It further says that any provision in an IRP authorizing the vice mayor to chair or sit on a regular legislative committee would be invalid if it conflicts with the Local Government Code.

DILG legal opinions are advisory interpretations issued to local officials who request them and do not by themselves carry the force of a court ruling.

Duron argued that these provisions apply to Baronda’s participation in defending her pending measures.

“Because the law strips the vice mayor of the statutory capacity to act as a regular debating lawmaker, she cannot temporarily shed her identity as an impartial arbiter to act as a partial legislative advocate,” Duron said.

He argued that Baronda’s sponsorship speeches, manifestations, and participation in debates on her pending measures were made ultra vires — or beyond her legal authority — and should therefore not be treated as valid legislative proceedings.

Duron said Baronda could still seek the passage of her proposals by asking regular councilors to adopt, sponsor, and defend them on the floor.

“If the vice mayor wishes to see these measures advance, the law provides a clear blueprint: she must seek regular Councilors from the legislative block to adopt, champion, and sponsor them on the floor. She cannot do it herself,” he said.

“To allow these illegal speeches to remain active in our logs invites legal chaos and taints the institutional integrity of our minutes,” he added.

The Cebu City Council has revised its house rules to adopt the DILG opinion, treating the vice mayor primarily as the presiding officer rather than as a regular member with full legislative participation rights.

Under the Cebu revision, the vice mayor may still preside over sessions and cast a vote only in case of a tie.

Moot and academic

Councilor Rex Marcus Sarabia, chairman of the Committee on Rules and majority floor leader, said Baronda’s pending measures could effectively be rendered moot if the council adopts the DILG interpretation.

“Now that we are aware of the DILG opinion, now that we are aware of the pronouncements of the SC, we cannot feign ignorance here. We cannot just pretend that we do not know. We cannot turn a blind eye,” he said.

“Most likely good as dead, but she has remedies; she could go to the courts. She can file a case. It is even more binding if the SC decides with finality,” he stressed.

Sarabia said that should the council adopt the DILG interpretation into its IRP, Baronda could ask regular councilors, including Councilor Sheen Marie Mabilog, to sponsor and pursue her proposed measures.

He said the Committee on Rules would give Baronda an opportunity to present her position before any action is taken.

“We will give the vice mayor the courtesy. She is elected by the body at large. We will give her a chance,” he said.

He acknowledged, however, that Baronda could challenge the DILG opinion, stressing that it is not itself a Supreme Court ruling.

Not an amendment of the IRP

Sarabia also disputed the characterization of the proposal as an amendment to the council’s IRP, which under the council’s rules is subject to a 90-day period following its approval before amendments may be taken up.

“I do not interpret this as an amendment of the IRP but as a matter of practice, we will adapt the interpretation of the DILG and what is already written in the LGC,” he said.

He maintained that the issue involves substantive law rather than merely the council’s internal rules.

“I see that this is a substantive law issue, not internal rules, because if it is just internal rules, the legal basis is not that strong. Our IRP cannot overpower a substantive law that the LGC provides and is backed up by the DILG opinion,” Sarabia stressed.

Sarabia said the Local Government Code designates the vice mayor as presiding officer but also allows the sanggunian to elect a presiding officer when the regular presiding officer is unable to perform the function.

He said the DILG opinion provides a specific interpretation of the vice mayor’s authority to vote, deliberate, and participate in legislative proceedings.

While acknowledging that the DILG opinion arose from a query involving another local sanggunian, Sarabia said its legal basis could similarly apply to Iloilo City.

“The legal basis of the DILG is still the same […] It will apply similarly to our situation although we have a different setting here, the IRP, and the character here but for the most part, the substance of the opinion will still apply here,” he argued.

Although the DILG opinion was made public in August 2025, Sarabia said the City Council only “learned” of it because of the recent concerns raised by Baronda.

The dispute surfaces barely more than a year into the three-year term of the council elected in May 2025, with Baronda’s measures now dependent on whether any regular member is willing to carry them.

“I don’t think it should be politicized, although it has an element of politics, but it is not a way of curbing the power of the vice mayor but now we are trying to temper the situation that is why we are giving her a chance. We will listen to it but as far as I am concerned, the DILG opinion is convincing,” he said.