Labella finds illegal 3 barangay ordinances

CEBU, Philippines - The committee on laws, ordinances, public accountability and good government of the Cebu City Council has declared illegal the ordinances from three barangays seeking to use part of their calamity funds for projects.

The committee chaired by Councilor Edgardo Labella rejected the approved ordinances from Barangays San Roque, Budla-an and Binaliw for being “illegal and invalid.”

The barangay council of San Roque approved an ordinance seeking to utilize 50-percent of their calamity fund for disaster prevention, preparedness and mitigation activities.

Budla-an and Binaliw on the other hand wanted to use 40-percent of their respective calamity fund to build a disaster-resilient community.

“This committee declares the proposed ordinances as illegal and invalid, and therefore, recommends their disapproval,” the committee report of Labella reads.

Labella said the proposed ordinances contravene the provisions of the Joint Memorandum Circular No. 2003-2, dated July 24, 2003, of the Department of Budget and Management and the Department of Interior and Local Government, that calamity fund is only for the use of  relief, reconstruction, rehabilitation and other services in connection with a calamity, which occurred during the budget year.

“There has to be a declaration of a state of calamity or an imminent danger by the local government unit concerned, or a presidential proclamation of the existence of an adverse event that would warrant the declaration of the entire country to be under a state of calamity, which needs to be prevented and suppressed,” Labella said.

Labella added that “it is clear from provisions of the barangay ordinance” that their respective calamity fund will be appropriated and expended for the purposes and uses even without a declaration of the existence and imminent danger.

Under the Local Government Code, LGUs are mandated to set aside five percent of the estimated revenue from regular sources as annual lump sum appropriations for relief, rehabilitation reconstruction and other works or services in connection with calamities during the budget year.

However, the funds can be utilized only in the area or portion of the LGU or other areas declared under a state of calamity by the President or the local legislative body.

The DBM-DILG joint circular dated March 20, 2003 states that the calamity funds may also be used for disaster preparedness, other pre-disaster activities and mitigation measures.

Among other things, the funds may be tapped for medical assistance, death and funeral benefits to the victims of disasters as well as financial assistance and other services for medical, rescue and relief workers who have been tasked to attend to the victims.

Preparation of relocation sites, disaster preparedness training and other pre-disaster activities may also be funded by the calamity funds.

According to the DBM website, calamity funds may also be used to purchase medicines but it cannot be used to purchase motor vehicles, including ambulances.   (FREEMAN NEWS)