Wednesday, June 13, 2007 Shelter code okayed after 3-hr debate By Grace L. Plata
THE ordinance for the Comprehensive Urban Shelter and Services Development Code of Davao City otherwise known as the Shelter Code passed third and final reading after a three-hour debate that took a large block of Tuesday's session time and with much drama during and after the passage.
The debate was sparked by veteran Councilor Victorio Advincula who insisted on hearing the report of the review of the committee on rules, privileges, laws and ordinances on the Shelter Code.
Furthermore, Advincula wanted to put in some corrections as he said the council as a body has the right to approve the recommendations of the committee on rules and to sound off other recommendations.
Advincula wanted some provisions specified such as that of awardees of the local housing program. The Shelter Code states that the awardees should be a registered voter of the city.
But Advincula said the better criteria is that the awardee must be in residence in the city for two years as registering to vote only requires a six-month residence.
"Being a registered voter is not enough to determine that a person seeks to be a productive citizen of the city. The Shelter Code addresses the needs of the locals which as it should be that the awardees are really people of Davao or those who have made manifestation to remain here," Advincula said.
He added that forcing any person to register as a voter is a violation of that person's right to choose not to exercise his right to suffrage.
Advincula also wanted to take out the provision stating the government has the right to take idle property for just compensation for its housing programs. He said there is no need to reiterate it because it is already provided under the law of imminent domain under the constitution.
This was opposed by Councilor Bonifacio Militar who said under the house rules, items under third and final reading must not be debated upon. Instead, the body will only vote on it.
Militar also said the review and the recommendations of the committee on rules is sufficient to conclude that the ordinance does not suffer from any legal infirmities.
A long discussion ensued until presiding officer Jimmy Dureza was forced to move for a recess, which lasted 20 minutes.
After conferring by themselves, Council Floor Leader Emmanuel Galicia Sr. proposed a motion that the Shelter Code be withdrawn from the calendar for third reading and be sent back for second reading discussion to facilitate the amendments and corrections proposed by Advincula -- a proposal Militar loudly objected to.
"Is this withdrawal consistent with our house rules?" Militar asked, adding if the body voted to approve the motion of Galicia, he will leave the session room and will inhibit himself from the proceedings.
As a rejoinder, Councilor Arnolfo Ricardo Cabling, chairman of the committee on housing, rural and urban development, proponent of the Shelter Code, said it will also be unfair to the committees and organizations involved in the crafting of the ordinance to return it for second reading.
The motion lost 13-2 and with another recess thereafter when Councilor Danilo Dayanghirang said the body should put in the corrections unless they want the ordinance to be vetoed by the executive department.
However, the rest of the councilors remained firm in their stand to follow the house rules.
With a little prodding from some councilors, the body resumed session and when Cabling asked whether the vote of 13-2 against the return of the Shelter Code for second reading meant its approval, no one stood up to object. Thus, it was deemed approved by 12:15 p.m. Tuesday, much to the jubilation of the attending urban poor groups who lobbied for the passage since January.
"Nalipay gyud mi hilabi nga sa among paminaw ganina nga dili na pud maaaprubahan (We're happy especially because the mood earlier was that the Shelter Code will not be approved again)," Virginia Bayo, chair of the Kobbler Federation of Neighborhood Associations, convener of the Shelter Code Alliance said tearfully.
"We are vary thankful to Militar because he stood up for the approval because otherwise, this will have to be worked on by the 15th City Council and we will be back to square one," Bayo added.
Cabling said Advincula's comments and suggestions does not substantively change the ordinance but just clears and specifies some points, thus even without it, the ordinance can stand. Cabling is also confident it will not be vetoed by the executive department.
The socialized housing programs under the Shelter Code prioritize families and household belonging to the city's housing backlog.
The Shelter Code also ensures that no land shall be appropriated for relocation purposes unless basic services or facilities such as power and electricity, potable water, sewage system, adequate solid waste disposal system and access to primary roads and transportation facilities are provided.
Sixty days after the publication of the Shelter Code, the local Housing Board, in which government and private sectors are represented, will be constituted. The board will formulate strategies in addressing the city's housing backlog full time.
