Coun­cil junks brgy or­di­nance

The Cebu City Coun­cil has junked the or­di­nance of Barangay Ermita im­pos­ing a P10 mon­i­tor­ing fee for ev­ery square me­ter of vend­ing space at the Car­bon Mar­ket.

The Freeman - - FRONT PAGE - Jean Marvette A. De­me­cillo

The barangay wanted to use the fee to fund the hon­o­raria of barangay work­ers who will main­tain clean­li­ness and peace and or­der at the mar­ket.

Dur­ing the Septem­ber 12 reg­u­lar ses­sion, the coun­cil ap­proved the re­port of its com­mit­tee on laws, or­di­nances, and styling that the barangay or­di­nance vi­o­lates the Re­vised Mar­ket Code and the Re­vised Char­ter of the City of Cebu.

“The Re­vised Mar­ket Code of Cebu City con­sid­ers the side of streets and/ or side­walks out­side city­owned pub­lic mar­kets as part of mar­ket premises, and tem­po­rary am­bu­lant ven­dors are un­der the Cebu City Mar­ket Author­ity,” reads part of the re­port.

The re­port was sub­mit­ted by its chair­man, Coun­cilor Sisinio An­dales.

Un­der Barangay Or­di­nance No. 045-2017, the barangay will cre­ate its Ven­dor’s Op­er­a­tion Mon­i­tor­ing Task Force, which will “sus­tain and aug­ment the needed per­son­nel on­duty 24-hours daily, who shall mon­i­tor, re­port and/or po­lice, to en­sure clean­li­ness/ health and san­i­ta­tion, traf­fic, or­der­li­ness, se­cu­rity and safety/peace and or­der con­cerns of the ven­dors, con­sumers, tourists, and by­passers while within vicin­ity of mar­kets and Barangay Ermita as a whole.”

Cap­tain Feli­cisimo “Imok” Rupinta said the ex­ist­ing P10 fee “vol­un­tary con­tri­bu­tion” from at least 4,000 ven­dors is not enough to pay the work­ers as­signed to main­tain clean­li­ness, health, san­i­ta­tion, traf­fic con­trol, peace and or­der, and se­cu­rity of the mar­ket go­ers.

Rupinta said the ex­ist­ing P10 “vol­un­tary con­tri­bu­tion” is not enough to pay the barangay work­ers who are clean­ing and se­cur­ing the mar­kets.

A fine of P1,000 will be col­lected from the ven­dor who will refuse to pay the mon­i­tor­ing fee, as stip­u­lated in the barangay or­di­nance.

An­dales adopted the le­gal opin­ion of the City Le­gal Of­fice penned by lawyer Bernard Ino­centes Gar­cia and ap­proved by City At­tor­ney Joseph Ber­naldez.

In its Septem­ber 11 le­gal opin­ion, the City Le­gal Of­fice said the barangay or­di­nance is ul­tra vires be­cause it is be­yond the scope of its tax­ing pow­ers pro­vided in the Lo­cal Gov­ern­ment Code of 1991.

While Ermita has the power to im­pose and col­lect rea­son­able fees, lawyer Gar­cia said the barangay has no power to im­pose the mon­i­tor­ing fee since it does not own the mar­kets like the Car­bon Mar­ket, which is owned by the city. Un­der the city’s Re­vised Mar­ket Code, the sides of streets or side­walks out­side the city-owned pub­lic mar­kets are part of the mar­ket premises.

Fur­ther, the City Le­gal pointed out that the or­di­nance is con­trary to the Re­vised Char­ter of the City of Cebu, which states that the col­lec­tion of mar­ket fees is un­der the author­ity of the City Trea­surer.


Coun­cilor Ray­mond Alvin Gar­cia said the barangay did not talk about the mon­i­tor­ing fee, say­ing it is only a “mon­i­tor­ing fee” that will fund the work­ers that will main­tain clean­li­ness and peace and or­der of mar­kets.

“Let’s not cur­tail the barangay from col­lect­ing fees,” he said.

Coun­cilor Jo­ce­lyn Pes­quera said mon­i­tor­ing fees can be ex­er­cised by the barangay just like the city gov­ern­ment’s im­po­si­tion of reg­u­la­tory fees.

An­dales said the barangay can im­pose fees on mar­kets that are owned by the barangay and not the city-owned mar­kets since the city gov­ern­ment is col­lect­ing taxes from ven­dors, which means would make it “dou­ble taxation.”

He said the Depart­ment of In­te­rior Lo­cal Gov­ern­ment Code has made a pub­lic pro­nounce­ment that the barangay can­not im­pose fees on city-owned mar­kets.

An­dales said there are per­son­nel of the city gov­ern­ment who can col­lect garbage at the mar­ket.

But Coun­cilor Ed­uardo Rama said the city gov­ern­ment needs the as­sis­tance of the barangay where the mar­ket is lo­cated to keep the mar­ket clean since the city does not have enough per­son­nel to do that.

Coun­cilor Mar­garita Os­meña said it is part of the job of barangay work­ers to main­tain the clean­li­ness of the mar­ket and to se­cure the barangay. Coun­cilor Jose Daluz III said the mar­ket is a dif­fer­ent sce­nario, adding, that Ermita is where the big­gest mar­ket is lo­cated.

“It is chaotic and busy area. It needs fees be­cause just like DPS, we col­lect garbage fee. The barangay will im­pose rea­son­able fee for mon­i­tor­ing just in case the DPS will not col­lect the garbage at the mar­ket,” Daluz said.

Coun­cilor Alvin Ar­cilla said P10 per square me­ter is too much con­sid­er­ing that the city gov­ern­ment is also plan­ning to in­crease the mar­ket fees since the ex­ist­ing P2.50 per square me­ter is no longer enough.


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