Persons apprehended for littering and making Cebu City’s streets dirty may no longer be charged in court for violating the City Ordinance 1361.
This if the City Council approves the proposal of Councilor Richard Osmeña who wants that instead of filing of criminal charge in court, litterbugs should be required to perform community service as alternative penalty.
The existing penalty for the violators of City Ordinance 1361, or the “Ordinance Establishing a System of Garbage Collection and Imposing of Fees,” is fine of P5,000 or one year imprisonment, or both depending on the discretion of the court.
Osmeña said that instead of filing a criminal complaint, persons who would be apprehended for littering or making graffiti in public places should better be required to render civic duties such as cleaning the public areas.
The committee on laws and ordinances headed by Councilor Edgardo Labella reviewed the proposed resolution of Councilor Osmeña. The committee observed that it could be implemented without violating any law.
Labella said the penalty of supervised community services is decidedly of lesser gravity than imprisonment since the former does not involve the loss of personal liberty.
“If the law therefore, allows the City Council to approve ordinances imposing the penalty of imprisonment it would stand no reason that it also has the power to approve ordinances that impose the lesser penalty of supervised community service,” Labella added.
Some city officials have even observed that despite the imposition of P5,000 fine and imprisonment, many still violate the ordinance because only a few persons have been arrested and charged. — Rene U. Borromeo/WAB