Saturday, December 06, 2008 Councilor draws flak for ‘copying’ ordinance
LONE Minority Councilor Efren Herrera drew flak from his colleagues in the City Council for introducing for the second time Wednesday his draft curfew ordinance still full of loopholes.
Discussion of the measure ate up nearly two hours of the session time, prompting City Councilor Rodolfo Potot to suggest that it would be better to implement the old curfew city ordinance than entertaining Herrera’s version.
“Mao ni makadaut kon mangopya lang ta unya dili magtuon (This is what happens if we only copy),” said Councilor Florito Pozon, who chairs the laws committee, when Herrera asked the laws committee to help reword some provisions.
The new version prohibits those below 18 years old from staying out of the house between 11 p.m. and 5 a.m.
Lapu-Lapu City officials had admitted the need to rush the approval of the new version, which is jointly authored by Herrera and Sangguniang Kabataan Federation President Reymar Diuco. That, following a burglary on a cell shop in Barangay Poblacion by seven suspected rugby boys.
Among those that supported Herrera’s intention where Vice Mayor Mario Amores and City Councilor Eduardo Cuizon.
Clarified
The measure was first discussed last November 19, but because there were provisions that needed to be clarified and there was no more time, the City Council deferred the discussion.
But Assistant City Attorney Michael Dignos, a regular interactor in the session representing the mayor’s office, pointed out that there are provisions in the measures that are baffling, particularly the penal clause where the term “fine” is used.
He asked Herrera to be categorical because the words “fine” and “penalty” imposed against parents of the minors caught violating the curfew ordinance are two different things.
“If it is a fine it refers to the authority of the court to penalize based on a proven complaint… so mo-kiha pa gyod ta. If it is penalty it refers to the authority of an LGU to penalize,” he said.
Another ambiguity is whether or not minors caught during the curfew hours but are not residents of Lapu-Lapu can be penalized. And who between the city and the barangay where the minor is caught should receive the fine?
Herrera admitted copying his version from the curfew ordinance of neighboring Consolacion town, although he reviewed it.
He said there was nothing wrong being corrected because it is procedural and is very important in legislation.
The measure was supposed to be referred to a committee for modification when it was first presented last November, but Vice Mayor Mario Amores had it reintroduced last Wednesday so all members of the City Council could help.
Amores advised Herrera and Dico adopt the corrections introduced by the council members and file a final draft next week. (AIV)
