Local Government affirms junked ordinances
April 18, 2011
ANGELES CITY – The Department of Interior and local Government (DILG) has affirmed the two controversial ordinances junked by the City Council recently.
The Balibago Council approved on December 9, 2010 Ordinance No. 1 Series of 2010, an ordinance establishing the Balibago Birthing Home and Hygiene Clinic as well as creating the Balibago Health Foundation and Trust Fund.
Ordinance No. 2 series of 2010 is an ordinance creating the Balibago Management Committee.
In its legal opinion dated March 28, the DILG declared that the ordinances are within the powers and duties of the barangay council.
Florida M. Dijan, DILG Central Luzon head, stated that the entire contents of ordinances are valid since the City Council failed to transmit to the barangay council its disapproval in the form of a resolution.
“It is not enough that they (councilors) deliberated, debated, and voted on the measure ought to be reviewed because what is required of them is enactment of a legislative document to formally and finally put to rest a given issue,” Dijan said.
Rodelio Mamac, chairman of Barangay Balibago, earlier denounced the City Council for allegedly disapproving two ordinances relative to health services.
Mamac claimed that the City Council has no power to disapprove ordinances passed by the barangay council.
In his letter dated February 2, City Council secretary Eric Mendoza informed Mamac that Barangay Balibago Council Ordinances 1 and 2 have been disapproved.
But Mamac described the City Council’s disapproval of the barangay ordinances as illegal. He said there are no provisions under the local government code, which gives power to the City Council to disapprove any barangay ordinance.
According to Mamac, the City Council should have returned the ordinances to the barangay council for review and modifications.
Mamac also claimed that the City Council may only review the barangay ordinances and issue recommendations for amendment to concerned barangay councils if necessary.
For its part, the City Council stated that it has disapproved Ordinance No. 1 because the creation of a foundation is not among the powers of the barangay council.
“Its creation is governed by general laws and subject to the procedures and policies under the Securities and Exchange Commission (SEC),” the council stated.
With regard to Ordinance 2, the City Council said the powers of the management committee are mere duplications of the functions granted to the barangay council.
Source: http://www.sunstar.com.ph/pampanga/local-news/2011/04/18/local-government-affirms-junked-ordinances-151012
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