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Friday, November 04, 2005
Tayasan questions PB's anti-tigbakay ordinance By Edmund Sestoso
TAYASAN, Negros Oriental -- A town councilor here questioned the anti-tigbakay ordinance of the Provincial Board (PB) saying it had no jurisdiction to do so.
Councilor Jonathan Luzuriaga said that under Republic Act 7160, the Local Government Code of 1991, the passing of an anti-tigbakay ordinance had been devolved to the Municipal or City Council.
Councilor Luzuriaga, chairman of the committee on rules, said under the local government code, only cities and municipalities have the power to enact ordinances granting franchises and authorizing the issuance of permits or licenses 'to promote the general welfare of the inhabitants'.
On June 16, 2005, the Provincial Board passed Ordinance No. 2 titled "Prohibiting the Holding of Tigbakay or Cockfigthing at Any Time and Place in the Province of Oriental Negros Outside Licensed Cockpits Pursuant to Existing National Law on the Matter and Providing Penalties Thereof".
Luzuriaga said the ordinance was beyond the scope of the prescribed power conferred by the Local Government Code and that this power was devolved to the town and city councils.
The town councilor admitted that the contents of the ordinance were consistent with Presidential Decree No. 449 amended by Presidential Decree No. 1310, both of which were special laws that had not been repealed by the Local Government Code on cockfighting.
Luzuriaga said he has asked Secretary Angelo Reyes of the Department of Interior and Local Government (DILG) to render a legal opinion on the matter.
The town councilor said the PB usurped the rights of cities and municipalities when it enacted the ordinance.
"Our legislative authority to regulate cockfighting and our discretionary power to issue special permit during the agro industrial fair, akin to an international derby at Araneta Coliseum, not a licensed cockpit, were arbitrarily effaced by such promulgation," the local official said.
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