To ban or not to ban?

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By Jonathan Llanes

The Maryknoller

Thursday, December 19, 2013


AS EARLY as Monday, the city was once again faced with the decision to allow or not, the sale of pyrotechnic materials in time for the Christmas and New Year’s eve revelries.

Time and again, the decision making process of our so called honorable public and elected servants have been put to the test and as always, being most them lawyers by profession, have not set the rules on decision making beneficial to the majority of society.

Baguio City Mayor Mauricio Domogan has finally decided to make a stand during the recent joint executive-legislative meeting. He will not issue any business permits to allow Agnes Montoya and her associates to engage in the selling of fireworks in the city.

The city's chief executive is hell bent on finally resolving the numerous accidents brought about by the use of fireworks by banning the selling of such materials.

However, the ever famous Mr.Snowman reiterated there must be a clearer guideline on the issuance of either an executive or administrative order indicating the selling of fireworks in the city. Again, the selling of fireworks in the city. This seemed to indicate the legislative department is for the regulation and not the total ban.

Before I continue, let me remind you of what fireworks magnate Agnes Montoya stated a few Christmases ago. "Please give us an opportunity to sell fireworks since we only do this once a year.”

In one of our weekly Kapihan press briefing then I commented, "Sure, you do sell fireworks once a year but the people who meet accidents brought about by the use of fireworks will have to contend with a lifetime of injuries, meaning, they only have one opportunity to have a complete set of hands.”

Online dictionary Wikipedia explains regulation and banning.
Regulation may refer to "a process of the promulgation, monitoring, and enforcement of rules, established by primary and/or delegated legislation.”

It is a written instrument containing rules having the force of law.
Regulation creates, limits, or constrains a right, creates or limits a duty, or allocates a responsibility.

In its legal sense regulation can and should be distinguished from primary legislation (by Parliament of elected legislative body) on the one hand and judge-made law on the other.

Bans are formed for the prohibition of activities within a certain political territory. Some see this as a negative act (equating it to a form of censorship or discrimination) and others see it as maintaining the "status quo". Bans in commerce are referred to as embargos.

With this explanation, if we are really looking at the future of our constituents, then logic dictates for us not to have injuries due to the use of fireworks, then let's ban the selling of fireworks.

If Davao City did it, why can't the country’s Summer Capital do it? Holy Molly, we have a majority of legal luminaries in our council with the capability to create council resolution beneficial to the majority of its constituents, right?

And in the spirit of Christmas, please do the right thing. Do not give the opportunity for some businessmen to earn at the expense of injuries to our constituents!

Banning fireworks in our beloved city is the best gift that our beloved Honorables can give to its waiting constituents.

Published in the Sun.Star Baguio newspaper on December 20, 2013.

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