Monday, June 30, 2008 Guv defends refusal to implement Ordinance 176 By Ian Ocampo Flora
CITY OF SAN FERNANDO -- Governor Eddie Panlilio said he cannot be penalized for not implementing Ordinance 176, the local statute on regulation and collection of quarry taxes.
Panlilio issued the statement in reaction to the case filed against him by the Provincial Board (PB) before the Office of the Ombudsman.
The PB earlier charged the governor for refusing to implement Ordinance 176, otherwise known as "An Ordinance Providing for the Equitable Distribution of Shares Fees/Taxes Imposed by the Province of Pampanga for the Extraction of Quarry Materials and other Purposes."
In a complaint-affidavit, the PB also criticized Panlilio for hiring private lawyers when he questioned before the Department of Justice the legality and constitutionality of the said ordinance despite "knowing fully well that such appeal was frivolous, baseless and unwarranted."
According to the governor, he cannot be held criminally liable for filing an appeal with the Secretary of Justice.
"My filing of an appeal with the Secretary of Justice was a legitimate exercise of a right conferred by law, that is Section 187 of the Local Government Code," Panlilio said in his affidavit.
He said there is no law which specifically penalizes local chief executives for the non-implementation of tax ordinances.
He argued that he cannot also be held liable for hiring private lawyers, saying that the alleged crime or offense does not exist in statute books. He said the lawyers volunteered their services on a "pro bono" basis.
Panlilio said he agreed to be represented by private lawyers after the provincial legal officer was not confirmed by the PB.
Ordinance 176 seeks to abolish the P150 administrative fee being collected by the Provincial Government from the P300 per truckload of sand. The measure was initially passed by the PB, then vetoed by the governor, and eventually passed by the legislative body by overriding Panlilio's veto.
The ordinance also removed the governor's authority over quarry operation and the collection of quarry taxes.
