Sunday, October 07, 2007 Move to compel brgy. officials to monitor compliance rejected
THE Cebu City Council turned down a proposed measure of Sangguniang Kabataan Federation President Glena Bontuyan, who thought of compelling barangay officials to monitor compliance of the liquor ordinance.
Bontuyan would have wanted barangay officials to ensure that liquor is served only to adults and that minors are kept from buying it, among others.
Limited authority
But the committee on laws, ordinances, public accountability and good government said that for the City Government to do so is beyond its supervisory powers over the barangays.
The committee, whose report the council approved Wednesday, said the City Government’s authority over the barangays is limited to ensuring that their acts “are not ultra vires” or beyond their authority.
“There is also no provision in the Local Government Code that appears to support the claim that a barangay can be compelled to submit ‘reportorial requirements’ to the City about compliance or non-compliance of City ordinances,” said Councilor Edgardo Labella, committee head.
The committee suggested that Bontuyan instead craft a measure directing the City Liquor Licensing Commission to make quarterly reports to the council and strictly monitor compliance of City Ordinance 1413, the Liquor Licensing Code.
And while it acknowledged Bontuyan’s objective, which is to fully implement the liquor ordinance, “the committee finds that ‘directing all barangay chairmen to monitor its compliance’ is an ‘over-breadth’ legal attempt, especially considering its legal uncertainties.”
‘Impracticable’
Labella said the City could just direct the Liquor Licensing Division to constantly monitor compliance of Ordinance 1413.
“This way, the committee is certain as to its legality, unlike the proposed amendment,” he added.
Also, Labella said that having the barangay officials monitor compliance of the liquor ordinance is “impracticable” because “businessmen in the locality may have some kind of connection, if not influence” on them.
This might even result to the City receiving “positive” quarterly reports from the barangays even if, in reality, there are many violations, he said. (RHM)
