Issue of May 15, 2022
     
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Barangay measures to be returned w/o favorable review

Members of the city council will resume their legislative session on Monday after the recently concluded May 9, 2022 national and local elections.

Resource persons led by the City Environment and Parks Management Officer and representatives from DMCD Engineering Construction were invited to discuss with the body regarding the request of city parks’ lessees for condonation of penalties and arrearages of rentals and discounts on their current lease.

Their other concerns, aside from difficulties in the payment of taxes and rentals as an effect of the pandemic, are the impending parks’ developments and the moves by some sectors for some of the the parks to be declared as national heritage sites that would aggravate their situation and possible displacement.

The meeting is in aid of legislation to ascertain proper moves and actions as well as appropriate programs, projects, and activities that would be adopted and incorporated relative to the proper redevelopment of these parks, which require immediate conduct of inventory and/or identification of operating and non-operating tenants in Burnham Park, Wright Park, Botanical Garden, Diplomat Hotel, among other parks.

The body will also discuss en banc the breakdown of balances of the assistance from the conduct of the 2018 trade fair amounting to P1.6 million.

Set to be acted upon with the recommendation of the committee on barangay affairs to “return without favorable review” are various barangay measures which failed to comply with basic requirements of the law for a sound and valid piece of legislation.

Article 111 of the Implementing Rules and Regulations of the Local Government Code of 1991 provides that review by the sanggunian concerned of all barangay ordinances within 10 days after enactment is to ensure/determine whether they are consistent with law and city ordinances.

These barangay measures include the Loakan Proper ordinance “prohibiting the operation of videoke and karaoke machines and other similar amplified audio sound devices in any business establishment in Loakan Proper, regulating the use in residential and suburban expanses and providing penalty for violation.”

In the committee report, the barangay was informed that its measure is already covered by Ordinance 44, s. 2018 or the Silent Night Ordinance “declaring unlawful for any person to make or cause excessive, unnecessary, or unusually loud sounds from audio devices within residential areas and public streets,” which applies to all 128 barangays of the city.

Such measure also contradicts one essential requirement that it must not prohibit but may regulate trade.

It was also noted in the report that the P5,000 penalty imposed under the barangay ordinance is contrary to the prescribed maximum fines of not exceeding P1,000 for violation of barangay ordinances as provided under Section 391 (15) of the LGC.

Similar report to return without favorable review is recommended for Ordinance 01, s. 2022 amending Ordinance 3, s. 2003 of Loakan Proper (An ordinance amending Ordinance 01, 1995, closing of stores in Loakan Proper barangay).

The committee report observes that amendments in Sections 1 and 2 of the barangay ordinance which provides, “All establishments in Loakan Proper shall operate under these guidelines, establishments shall be opened at 5 a.m. to midnight. It shall be prohibited for any store to be open after midnight.”

This provision violates other laws because the management and operations of government agencies like the Bangko Sentral ng Pilipinas, the National Food Authority; the Philippine Economic Zone Authority, including Moog Controls, Texas Instruments which are within the economic zone of Baguio City, are governed by their respective charters/statutes creating them.

Further, the report stressed Section 5 of the barangay ordinance, which strictly prohibits establishments that will engage or operate in “videoke businesses” or as their line of business, is not compliant with the substantial requirements that enacted barangay ordinances must not contravene the Constitution or any statute; not be unfair or oppressive; not be partial or discriminatory; not be unreasonable; and be general and consistent with public policy.

The same recommendation to return for proper adjustment, amendment or modification was given Barangay Ordinance 08, s. 2022 of Santo Tomas Proper barangay that instead of adopting City Ordinance 44, s. 2018 or the Silent Night Ordinance is to simply implement it since its application covers all barangays of the city, or to convert its barangay ordinance into a barangay resolution.

Also to be returned without favorable review to Santo Tomas Proper is Ordinance 01, s. 2022 or “prohibiting the act of being topless or going half-naked in public places within the territorial jurisdiction of Barangay Santo Tomas Proper, and providing penalties for violation.”

In its previous session, the city council approved through Ordinance 35, s. 2022 a P10 million fund for the proposed “rehabilitation of the multipurpose building to include a day care center” at Aurora Hill Proper barangay.

The amount was realigned from the P20M fund of the project “Aurora Hill Health Center and Day Care Center,” which plan or program of work was revised upon the advice of the City Health Services Office and the Department of Health that day care centers are strictly not allowed to be integrated in any health center for health reasons.

The day care center will be accommodated adjacent to the barangay hall which is undergoing development into a modernized multipurpose hall that would offer more services to a greater number of constituents in the area.

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