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Wednesday, January 19, 2005
Legal officer: NRDC takeover impossible
By Rhay G. Navales
* Move contradicts 'local autonomy' provided for in 1991 Local Government Code
CITY OF SAN FERNANDO -- "It's a step back. It's not possible."
This was the reaction of lawyer Regina Galang-Guarin, provincial attorney, regarding the proposal of the Natural Resources Development Council (NRDC) to take over the quarry operation in Pampanga.
During a meeting on Thursday, NRDC chair Victor Corpus asked the Provincial Board (PB) to allow the agency to collect quarry fees for the province.
Corpus presented to acting Governor Yeng Guiao and the PB members the proposal, including the sharing of profits derived from the collection of quarry fees.
Corpus said the province, the NRDC, and the source town or city and barangay will get equal shares - one third part or 33.33 percent - of the gross revenue.
"If you allow us to operate quarry, we guarantee the province of a minimum net income of P36 million a year because the corporation will shoulder the operational expenses," Corpus said.
But according to Guarin, the move contradicts the essence of "local autonomy" as provided for in Republic Act (RA) 7610 or the 1991 Local Government Code.
"That means giving back to the national government the autonomy which the local government units have long been fighting for," Guarin said.
Guarin cited Section 38 of RA 7610, which provides that the province has the exclusive power to issue permits to extract sand, gravel, and other minerals within its territorial jurisdiction.
She also mentioned Section 170 of the LGC, stating that the treasurers of the province, municipality or city concerned or their authorized deputies shall have the sole legal authority to collect all local taxes, fees, and charges.
However, Guiao during Thursday's meeting clarified that the allowing of NRDC to collect quarry fees for the province doesn't mean transferring the authority of the provincial government over the disposition of gravel and sand to the corporation.
According to Guiao, the NRDC would just be delegated to collect quarry fees for the province.
The NRDC would then remit the shares of the source towns and barangays every month, Guiao said.
Corpus earlier assured the provincial officials of transparency in their operation should the PB allow the NRDC to exact quarry fees for the province.
"We are not trying to grab the operation of quarry from the province. We are here to present a business proposal. It's up to you whether you will accept our proposal or not," Corpus told the Provincial Board members.
The PB has yet to decide and approve, through a resolution, the memorandum of agreement that will be forged between the province and the NRDC officials.
Guiao expressed optimism that majority of the SP members would vote in favor of the NRDC's proposal.
(January 19, 2005 issue)
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