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Friday, April 28, 2006
Board invalidates amended measure
By Victor L. Camion
THE Provincial Board declared invalid a Siaton municipal council ordinance that requires law enforcers to coordinate first with the local government before apprehending illegal fishing activities.
The move followed an opinion from provincial legal officer Erwin Vergara that the provision conflicted with the law on warrantless arrest.
The ordinance, authored by Siaton Municipal Councilor Roel Degamo, amended the municipality's fishery ordinance approved six years ago, particularly Section 97.
Section 97 authorizes all law enforcement officers of the Municipal Government including the Siaton Philippine National Police (PNP), punong barangays and kagawads, bantay dagat, civilian volunteer-organizations, and other law enforcement group to enforce the ordinance.
But the amended version went further.
"Other competent local government officials and members of fisheries organizations or cooperatives who have undergone training in law enforcement may be designated in writing by the municipal government as deputy fish wardens in the enforcement of this Ordinance," it said.
Degamo, also a cobcob operator, represents the Philippine Councilors League-Negros Oriental in the Provincial Board.
Moreover, the Degamo ordinance sought to nullify apprehensions by the Maritime PNP failed to coordinate with the local government.
But Vergara clarified that the law on warrantless arrest does not require any peace officer or a private person doing the arrest to coordinate with the local government unit before making arrests.
"If a private person is allowed to make an arrest, how much more a maritime policeman?" asked Vergara.
(April 27, 2006 issue)
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