Tarlac SP slams town ordinance shutting down ‘smelly’ piggery
TARLAC CITY, Tarlac — The Tarlac Sangguniang Panlalawigan (SP or Provincial Board) headed by Vice Governor Carlito David rejected the Concepcion municipal ordinance ordering the closure of a “foul-smelling” piggery located near the town center.
The rejection of Municipal Ordinance No. 001-17 was issued by the Sangguniang Panlalawigan (SP) in their SP Resolution 024-2017 which declared the ordinance as “ultra vires,” Latin legalese meaning that the local ordinance was passed “outside the power” of the local government unit (LGU).
The issue is about the Concepcion Farms, one among the oldest and largest piggeries in the province, located on the Lapaz-Concepcion Road in Barangay San Jose which is less than a kilometer from the town hall.
The farm, which has more than 10,000 pig heads, allegedly emits foul odor that is being complained by many residents and passersby, according to local government officials.
The municipal ordinance was based on the deliberation and several hearings by the SP on the complaint filed by John Calvin Sardia and several others against the Concepcion Farm.
But Vice Governor David said: “They (municipal government and council) have no power to close down the establishment. They acted beyond their authority. That’s why we declared the (municipal) ordinance as Ultra Vires.”
“This is not about Concepcion Farms alone, it is about all other establishments legally operating within a municipality. Hindi maaring basta-basta na lamang ipasara ng isang munisipyo ang ano mang establisamento lalo na kung walang batayan,” added David, who is a lawyer.
In a separate interview, Vice Mayor Danilo David said the SP resolution disputing the ordinance was based on obsolete law.
“May nagsabi na ang SP resolution ay hindi tootong dumaan sa (SP) session (There is chatter that the SP resolution did not really pass through a session),” the vice mayor said, as he questioned the process by which the SP arrived at its resolution.
“Ang aming basehan ay ang Local Government Code (of 1990), sila (SP), ang ginamit nilang basehan ay 1939. Wala pang Local Government Code noon”, said vice mayor David who is one among most senior local politician in Tarlac having been an 18-year board member and a former mayor.