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Monday, February 23, 2004
Barangays can’t tax illegal vendors: council
VICE MAYOR Michael Rama reminded the City Council not to go lenient on the barangays just because it is election time.
During its regular session last Wednesday, the Cebu City Council tackled the report of the committee on budget and finance on a Barangay Sto. Niño ordinance.
The barangay wanted to impose fees on vendors “who have been depriving the local government unit of taxes.”
The Council disapproved the barangay ordinance and upheld the budget committee’s recommendation that Sto. Niño officials cannot tax vendors with “no fixed business establishments.”
The committee, led by Councilor Jocelyn Pesquera, noted that it is beyond the powers of the barangay to charge taxes on these vendors.
Citing the Local Government Code, the committee said the barangay can only demand taxes or fees on the following: stores or retailers with fixed address, the use of barangay-owned properties, the issuance of barangay clearance, cock breeders, the holding of cockfights, the operation of cockpits and places of recreation, and on billboards and other outdoor advertisements.
The vendors Barangay Sto. Niño wanted to tax do not belong in any of these. The barangay ordinance also did not mention if the vendors are using barangay-owned properties.
“The ordinance omits to mention whether the sidewalks, alleys, parks, or vacant spaces occupied by these vendors are indeed owned by the barangay,” read part of the committee report.
It was raised during the session, however, that Barangay Ermita is collecting fees or arkabala from the ambulant vendors although the law prohibits it.
The fee was called a donation to the barangay.
The discussion led Rama, presiding officer, to ask who are running for reelection among the council members.
Rama reminded the councilors that even during election time, they should not be lenient in imposing the law.
It is clear under the Local Government Code that the barangay cannot collect fees from ambulant vendors. RHM
(February 23, 2004 issue)
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