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Wednesday, March 15, 2006
Trade fair in Camp John Hay legal: ex-mayor
By Ernie N. Olson Jr.
THE Market Encounter Trade Fair (METF) conducted inside Camp John Hay (CJH) was legal and did not need any permit or approval from the City Government of Baguio.
Former mayor Bernardo Vergara issued the statement on Tuesday in reaction to an earlier news report that quoted Councilor Perlita Chan-Rondez as saying that the trade fairs conducted by both the Baguio Flower Festival Foundation (BFFF) and the Panagbenga Ad Hoc Management Committee were "illegal" and "in violation of the existing Trade Fair Ordinance and the Tax Ordinance of Baguio".
"She (Rondez) must not be aware that under the law that created the Bases Conversion and Development Authority (BCDA), local government units (LGUs) like that of Baguio does not have any jurisdiction over BCDA zones, and thus, cannot impose on business establishments within these duty-free zones to get permits for their operations," Vergara said.
"Although the duty-free status of these BCDA zones still has to be acted upon by the Supreme Court (SC), business establishments operating within them may still enjoy the same privilege until the BCDA's petition for a reconsideration is decided upon," he said.
Rondez earlier submitted a partial investigation report to Councilor Daniel Fariñas, chairman of the committee tasked by the City Council to investigate various Panagbenga trade fairs set up in the city last month.
She reported that organizers of both trade fairs operated illegally since they did not secure the approval of the City Council as mandated under Section 10 of the city's Trade Fair Ordinance.
She said as per Section 12, trade fairs are also not allowed within Baguio during the months of January, February, June, July, August and December. "Therefore, the trade fair at the Melvin Jones Grandstand, which started in February 2006, is illegal. The trade fair along Session Road and the People's Park, insofar as February 27 and 28 are concerned, are likewise illegal," she said.
The same provision was not also followed in CJH because the trade fair there started in February, she added.
The lady councilor also said the market encounter in CJH "likewise does not have the approval" of the City Council in contravention with Section 13 of Tax Ordinance 2000-001 and Sections 9 and 10 of the Trade Fair Ordinance. "The Tax Ordinance does not make a distinction on the applicability of its provisions as to public or private property," she explained.
Rondez said no business permits or any evidence of payment of business permits and fees to the City Government were visibly displayed, and that these were in violation of Sections 9 and 10 of the Trade Fair Ordinance, as amended.
(March 15, 2006 issue)
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