City council rejects 2 barangay ordinances
ANGELES CITY — The City Council has disapproved two ordinances — the bar girl dress code and amusement fee — which were recently passed by the council of Barangay Balibago here.
During Tuesday’s session, Councilor Willie Rivera moved for the disapproval of Balibago Barangay Ordinances Number 10 (an ordinance imposing amusement fee to recreational establishments) and 11 (an ordinance implementing a dress code to receptionists of night clubs).
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According to Rivera, the two ordinances were disapproved because the initiatives are beyond the powers of the barangay council. Balibago chairman Rodelio Mamac assailed the City Council, saying it cannot disapprove a barangay ordinance.
Mamac cited Section 57 of the Local Government Code – Review of Barangay Ordinances by the City Council or Municipal Council: (a) Within ten (10) days after its enactment, the barangay council shall furnish copies of all barangay ordinances to the City Council or Municipal Council concerned for review as to whether the ordinance is consistent with law and city or municipal ordinances; (b) If the City Council or Municipal Council, as the case may be, fails to take action on barangay ordinances within thirty (30) days from receipt thereof, the same shall be deemed approved; (c) If the City Council or Municipal Council, as the case may be, finds the barangay ordinances inconsistent with law or city or municipal ordinances, the Sanggunian concerned shall, within thirty (30) days from receipt thereof, return the same with its comments and recommendations to the barangay council concerned for adjustment, amendment, or modification; in which case, the effectivity of the barangay ordinance is suspended until such time as the revision called for is effected.
Mamac defended their passage of the two ordinances saying that the barangay council already sought the opinion of the Department of the Interior and Local Government (DILG) legal department regarding their legality.
He claimed that funds derived from amusement tax will used in the construction of a fire department and scholarship program.
Mamac said Ordinance Number 11 is also important because there is really a need to implement a dress code on the bar door girls to remove the image of obscenity at the entertainment district.
The village chairman also cited Section 16 of the Local Government Code: General Welfare — Every local government unit shall exercise the powers expressly granted, those necessarily implied therefrom, as well as powers necessary, appropriate, or incidental for its efficient and effective governance, and those which are essential to the promotion of the general welfare. Within their respective territorial jurisdictions, local government units shall ensure and support, among other things, the preservation and enrichment of culture, promote health and safety, enhance the right of the people to a balanced ecology, encourage and support the development of appropriate and self-reliant scientific and technological capabilities, improve public morals, enhance economic prosperity and social justice, promote full employment among their residents, maintain peace and order, and preserve the comfort and convenience of their inhabitants.
http://www.sunstar.com.ph/pampanga/local-news/2012/07/05/city-council-rejects-2-barangay-ordinances-230434
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