The Cebu City Legal Office (CLO) has confirmed the legality of Mayor Nestor Archival Sr.'s controversial veto of a provision that would allow family members to collect financial assistance for disabled or ill senior citizens. The CLO stated that the move could lead to fraudulent claims, audit disallowances, and misuse of public funds.
Legal Opinion Details
In a legal opinion dated May 26, 2026, the CLO issued a final ruling that the mayor's veto of Paragraph 3 in the proposed amendment to City Ordinance 2453 is legally valid, sustainable, and based on legitimate public interest, fiscal prudence, accountability, and audit protection considerations. The opinion was issued in response to a request from the Cebu City Council via Resolution 17-3239-2026, which sought clarification on the legal implications of Archival's veto on March 23.
Contested Provision
At the center of the dispute is a provision that would have allowed family members to collect financial aid for senior citizens who are physically incapacitated, bedridden, or otherwise unable to personally receive the assistance. Although the ordinance requires verification and approval from the Office of the Senior Citizens Affairs (Osca), Archival argued that the provision creates a loophole that could undermine safeguards designed to ensure that public funds reach legitimate recipients.
Line-Item Veto Clarified
The legal office also addressed questions raised by some councilors regarding the mayor's use of a line-item veto on a general ordinance. According to the CLO, although line-item vetoes are typically associated with budget and appropriations measures, the mayor's action should not be dismissed or undervalued solely due to the terminology used. "The substance and intent of an executive act prevail over its technical designation," the legal opinion stated.
The office added that Archival did not veto the entire ordinance; in fact, he expressed support for the city's financial assistance program for senior citizens. "The objection was confined only to Paragraph 3," the legal opinion specified.
