CEBU, Philippines - The Provincial Board and the Provincial Legal Office are in a quandary on how to act on the controversial tax ordinance of Pinamungajan town.
The PB has referred to the PLO the opposition of some town councilors of Pinamungajan to the implementation of an ordinance passed by majority of their colleagues.
But Provincial Legal Officer Orvi Ortega told The Freeman that he returned the matter to PB Member Joven Mondigo Jr. who chairs the committee on laws and review of ordinances.
“Kung magkasohay man gyud gani, mapugos man mi og act as counsel for the municipal government,†Ortega explained.
When Mondigo transmitted the matter to Ortega, he cited Section 56(b) of the Local Government Code of 1991 which states 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...â€
The ordinance was also referred to the PB committee on ways and means headed by its chairman Board Member Thadeo Ouano who later referred back to Mondigo.
Ouano earlier said that due to some legal concerns, it was recommended that the ordinance be referred to the committee on laws in order to increase the strength and its justification.
Pinamungajan Mayor Glenn Baricuatro pointed out that the 90 days period for the PB to review the ordinance has already lapsed as provided the Local Government Code of 1991.
Section 327 of the Code provides that “If within ninety (90) days from receipt of copies of such ordinance, the sangguniang panlalawigan takes no action thereon, the same shall be deemed to have been reviewed in accordance with law and shall continue to be in full force and effect.â€
The tax ordinance revising the contract of lease of market stalls was passed by the previous council on June 6, 2013 and was duly approved by then mayor Geraldine Yapha on June 19, days before Baricuatro took over as the new mayor.
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.
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 which in this case is Baricuatro.
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)