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Friday, May 13, 2005
Councilor keeps hands off Liquid Bar issue
DAVAO City Councilor Jesus Zozobrado Jr. on Thursday said he refused to handle the case of Liquid Bar at the Apo View Hotel regarding the issue of its violation of the Anti-Smoking Ordinance.
Zozobrado believes it is unethical for him, being a city councilor, to continue handling the case against the City Government.
The councilor, however, admitted the matter is still being consulted to him by Lawyer Carlo Nograles, who is now the sole counsel of the Liquid Bar.
Zozobrado said the Apo View Hotel management does not want to fight with the City Government.
"While the City Government insists the Liquid Bar violates the anti-smoking ordinance, the Liquid Bar would also insist that it has not violated the ordinance that is why nag-file na lang ng declaratory relief sa Supreme Court to determine kung naka-violate ba talaga ang Liquid Bar," Zozobrado said.
Earlier reports showed the City Government remains firm in its legal opinion that the Liquid Bar has violated Republic Act (RA) 9211, otherwise known as the Tobacco Regulation Act of 2003.
In its counter-affidavit as reply to the declaratory relief case earlier filed by Liquid bar, City Legal Officer Melchor V. Quitain said the bar is really required to secure a certificate of compliance from the City Engineer's Office (CEO) for its smoking rooms contrary to the earlier claims of the Liquid Bar management.
Quitain said under the law, the City Government has the power to implement the provisions of R.A. 9211 against violators.
But Zozobrado said the Liquid Bar management earlier questioned the legal opinion of the city and filed the civil case before the Regional Trial Court (RTC) arguing that based on R.A. 9211 they are exempted from the anti-smoking ordinance.
The bar management, he said, claimed the city has no power to implement the law since the one tasked to implement it is the Inter-agency Committee on Tobacco composed of the Department of Health and other government agencies.
"So far, wala pa'ng natatanggap na reply from the Inter-agency Committee regarding the petition filed by the bar management for a declaratory relief. The reply of the committee on the matter will be submitted also to the court and the court will therefore conduct the proceedings. The bar management will definitely respect the decision of the court," Zozobrado said. (AAG)
For Bisaya stories from Davao. Click here. (May 13, 2005 issue)
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