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Wednesday, January 23, 2008
PB overrides guv's veto on quarry sharing ordinance
By Ian Ocampo Flora
CITY OF SAN FERNANDO -- The Provincial Board (PB) here has overridden Governor Eddie Panlilio's veto on an ordinance that seeks to amend provisions of another ordinance by fixing the exact date of distribution of quarry shares.
Ordinance No. 176, also known as the equitable distribution of quarry shares, seeks to abolish the P150 administrative fee being collected by the Provincial Government from the P300 per truckload of sand. It was approved by the PB and was subsequently vetoed by the governor.
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The PB later overrode the veto, which resulted in the elevation of the issue to the Department of Justice (DOJ).
The PB recently amended Section 1 of Ordinance 176 with Ordinance 220, which aims to set the 15th of every month as the date to release quarry shares of towns and barangays with quarry operations. The governor again vetoed it, but the PB overrode it during last Monday's session here.
While the DOJ is yet to decide on the ordinance it is already "executory," according to the PB.
The ordinance has once again become a source of disagreement between the legislative and executive department, as both could not agree if there is a need to establish Implementing Rules and Regulations (IRR) in the execution of the ordinance.
Vice Governor Joseller "Yeng" Guiao, in an interview with Sun.Star Pampanga, said there is no need for an IRR since the need for such is not stated in Ordinance 176.
"You only do that if the ordinance is really complicated," Guiao said.
Guiao also hit the administration's seeming double standard.
"Kapag gusto nilang iimplement pag may huhulihin sila sasabihin nila they are doing it on the basis of the ordinance. Pero pag magreremit sila hindi naman sila nagreremit sasabihin nila walang IRR. Hindi naman kailangan ng IRR (If they want to arrest somebody they used the ordinance as basis. But when it comes to the sharing time they are not doing it because there is no IRR. The IRR is not needed)," he said.
"That is the opinion of the board. It is not stated in the ordinance that there is a need for an IRR. It (Ordinance 176) is simple, it is not vague and it is not ambiguous, ang magpapa complicate lang noon yung mismong nag iimplement (the one's complicating it are those implementing it)," added Guiao.
"They have to implement it," Guiao said referring to Ordinance 176 and the amendment.
Guiao stressed that what is stated in the ordinance is the remittance of the towns and barangays share every 15th of the month.
"We are giving them up to January 30, after that kapag hindi pa fully implemented yung Ordinance 176 dadalhin namin sila sa Ombudsman (We are giving them until January 30 to fully implement Ordinance 176 if not we will bring the matter to the Ombudsman)," Guiao warned.
For her part, provincial legal officer Aissa Velez said: "There are things yet to be done to execute the ordinance." She added that an IRR would pave the way for the proper implementation of the different aspects Ordinance 176.
"For example Section 10 of 176 on the Creation of Municipal Association of Quarry Operators and Provincial Federation of Quarry Associations warrants the creation of a public association. There should be a provision on the creation and that is in the IRR," Velez told Sun.Star Pampanga.
Velez added that it is the governor who implements the law and if he sees a need for an IRR then he is allowed to do so since that is an executive function.
She said the ordinance is not yet in implementation pending the opinion of the Department of Interior and Local Government (DILG) and the Department of Finance (DOF).
"There are repercussions kasi regarding the collection so we need the comments of the DOF," she added.
Velez also defended Panlilio's veto on Ordinance 220 stating that there is still a pending case with the constitutionality of Ordinance 176 that Ordinance 220 seeks to amend.
"We cannot, in principle, approve Ordinance 220 because the very ordinance that it is amending is unconstitutional. The amendment will not cure the unconstitutionality of Ordinance 176," said Velez.
The PB has overridden Panlilio's veto on Ordinance 220 by a 10-0 votes. (Sun.Star Pampanga/Sunnex)
For more Philippine news, visit Sun.Star Bacolod. (January 23, 2008 issue)
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