SAN FERNANDO, Pampanga – Provincial board members have overridden Gov. Ed Panlilio’s veto on Ordinance 176, which abolishes the administrative fee which the provincial government collects for every truckload of lahar sand quarried in the province.
The board members voted 12-0, through Resolution No. 817, saying their move against Panlilio’s veto was for the benefit of their constituents, particularly in quarrying areas.
Board member Cris Garbo said he believes that Ordinance 176, which he describes as “for the equitable distribution of quarry shares” by abolishing the P150 administrative fee being collected by the provincial government from the P300 per truckload of sand, “did not violated any law.”
Panlilio said he would bring the matter to the Department of Justice and the courts.
Last Oct. 3, the priest-turned-governor vetoed the quarry ordinance upon encouragement from civil society groups in the province.
Aside from removing his power and authority, Panlilio said the new quarrying scheme was enacted without the mandatory public hearing and was contrary to the provisions of the Local Government Code, specifically Section 138, in relation to Section 153, which states that “the right to impose service fees and charges, and administrative fees cannot be abolished.”
Panlilio also claimed that the ordinance violates the principle on the separation of powers of the co-equal executive and legislative branches of government.
Meanwhile, Panlilio, through provincial legal officer Maria Elissa Velez, filed a complaint with the Office of the Ombudsman against Bacolor Mayor Buddy Dungca over quarry operations at the Gugu dike, accusing the local executive of committing unlawful acts and violating the law on local governance.
The case was filed against Dungca even if he and Panlilio had had a reported dialogue on the issue.
But Velez said Dungca should not be surprised since Panlilio informed him about it during their closed-door meeting last Oct. 18.
The complaint accused Dungca of dishonesty and violations of the Mining Act of 1991 and Tax Ordinance1-93 when he continued the quarry operations at the Gugu dike despite lacking the necessary permits from the provincial governments.
For his part, Dungca said he did not do anything wrong when he insisted on continuing the “desilting” operations at the dike.
Dungca said his actions were in accordance with the Local Government Code, specifically Article VII, Section 444, which provides that municipal mayors “may carry out emergency measures that may be necessary during and in the aftermath of man-made and natural disasters and calamities.”