Dumanjug tax ordinance referred to PB legal office

CEBU, Philippines - The Provincial Board has referred to the Provincial Legal Office the opposition of some town councilors of Pinamungajan to the implementation of an ordinance passed by majority of their colleagues.

The tax ordinance revising the contract of lease of market stalls was referred to the PB committee on ways and means headed by its chairman Board Member Thadeo Ouano which later referred the matter to the committee on laws headed by Board Member Joven Mondigo Jr.

“Insofar as the committee is concerned on the Committee on Ways and Means aspect, its passage being well within the prescribed power of the concerned Local Government Unit, subject to the publication and posting requirements provided under RA 7160,” Ouano’s report said.

It further said that due to some legal concerns, it is recommended that the proposed ordinance be referred to the Committee on Laws and Ordinance in order to increase the strength and its justification.

A letter dated June 26, 2012 was received by the office of the Provincial Secretary asking the PB to declare said municipal ordinance null and void, citing “ultra vires” which means ‘beyond the powers’ of the town council.

The letter signed by councilors Bonifacio Alqueza, Oscar Cerna and Mark Joseph Gerongco, who is the president of the Sangguniang Kabataan Federation; former councilor Marcelo Gerongco; and former provincial election supervisor, lawyer Reynaldo Ferenal, was referred to Mondigo’s committee.

Instead, Mondigo transmitted the matter to Provincial Legal Officer Orvi Ortega citing Section 56 of the Local Government Code of 1991 on the review of component city and municipal ordinances or resolutions by the Provincial Board.

Section 56 (b) provides that “Within thirty (30) days after receipt of copies of such ordinances and resolutions, the sangguniang panlalawigan shall examine the documents or transmit them to the provincial attorney...”

Gerongco, Alqueza and Cerna ran under One Cebu Party led by Mayor Glen Baricuatro against the group of then mayor and defeated congressional candidate Geraldine Yapha of the Liberal Party in the last May 13 elections.

They alleged that councilors allied with Yapha posed as market committee members and at the same time SB members.

They alleged that said ordinance was designed to clip and usurp the powers of the mayor when it was passed on June 6, 2013 and was duly approved by Yapha on June 19, days before Baricuatro took over as the new mayor.

The ordinance empowers the market committee composed of the majority of the SB members of full and absolute authority to manage and operate the public market business including the power to screen applicants or any interested micro-business entrepreneurs.

It also provides the right of the members of the market committee to employ force in breaking inside the leased market stalls or cubicles without them being answerable to any civil or criminal liabilities.  (FREEMAN)