Thursday, October 04, 2007 Tayasan councilor opposes PB's move By Edmund B. Sestoso
A COUNCILOR of a northern town in Negros Oriental disagrees with the members of the Provincial Board (PB) about invalidating an earlier resolution converting a portion of a lot from agricultural to residential for a housing project of Tayasan town.
Councilor Jonathan Luzuriagga, who chairs the council committee on rules, slammed PB members "for taking an action" over something they don't have jurisdiction over.
The councilor said the resolution was not submitted to the PB for approval but for information purposes only.
Earlier, the Tayasan town council passed a resolution converting a private agricultural land to a residential one for the establishment of a low cost housing subdivision.
The town government intends to have a joint venture with lot owners Encarnacion Barrica, Marcelino Acojedo, Edrico Acojeco, and Alfonso Tresquio.
In a succeeding resolution, they clarified that the role of the local government unit in the joint venture is only as developer.
But the PB junked the arrangement by invalidating the town council's two resolutions.
The PB presided by Vice Governor Jose Baldado in invalidating the resolutions emphasized that Section 335 of the Local Government Code provides that no public funds, monies, or properties shall be appropriated or applied for religious or private purposes.
The board members also said that upon perusal of the documents submitted, it was revealed that the real property to be developed by the Tayasan local government for low cost housing using public funds is not yet a public property.
However, Councilor Luzuriagga said the board member might have interpreted the legalities in a "wrong way."
Councilor Luzuriaga pointed out that the Tayasan council has not violated any provision of the Local Government Code when it passed the resolution contrary to claims by the board.
He said the acts of the Tayasan council related to the matter is anchored on Section 298 of the same Local Government Code under the "deferred payments" and other financial schemes.
He said private sectors, guided by their altruistic spirit of contributing to the local government progress, might deliver the required property or real estate under credit by a trusting owner, under deferred payment plan or financial scheme when no loans will be needed or immediate disbursement of funds required.
He added that the scheme could also be a joint venture agreement or participation in profit, making the acquisition of property self-liquidating.
"In the field of obligations and contracts there are so many schemes or plans that can be availed of even if there is want of cash, and they take the form of leases, options, deferred payments among others," he emphasized.
