Council to seek court opinion on Balibago ordinance

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Monday, April 28, 2014


ANGELES CITY -- Balibago barangay captain Rodelio "Tony" Mamac on Monday said that the local village council will seek the opinion of the court this week on the legality of its amusement fee ordinance and how the Angeles City Council handled the ordinance.

It could be recalled that the Balibago Barangay Council had enacted an amusement ordinance that levies taxes on "recreational activities" that require admission fees. The funds generated from the ordinance are expected to fund the scholarship program of the village for its college students.

However, Angeles City Council Resolution Number 6920 Series of 2014 "denied" Barangay Balibago’s Ordinance Number 2 Series of 2014.

Mamac said that the move of the Angeles City Council is “questionable because of how it handled the ordinance which was submitted for review of legislative body. He added that “there is nothing wrong with the ordinance” which was within the powers of the barangay as prescribed by the Local Government Code.

He said that Section 152 or Scope of Taxing Powers of the Local Government Code states that “barangays may levy taxes, fees, and charges, which shall exclusively accrue to them.”

The village chief also cited a Memorandum Circular by the Department of Interior and Local Government (DILG) dated March 27, 2009 which provides that “barangays may impose fees and charges on places of recreation which charge admission fees at a reasonable amount.”

Mamac claimed that if the City Council finds the barangay ordinance inconsistent with law or a city ordinance, it shall return the same with comments and recommendations for adjustment, amendment, or modification within 30 days.

He cited Section 57-B of the Local Government Code which states that if the City Council fails to take action on barangay ordinances within 30 days from receipt, the same shall be deemed approved.

Mamac said the opposition on the ordinance places the student scholars at disadvantaged position.

Published in the Sun.Star Pampanga newspaper on April 29, 2014.

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