The Revised Revenue Code was validly passed in its 3rd and final reading by the Sangguniang Panlungsod last November 11, 2011, according to Councilor Caesar Distrito, chairman, Committee on Laws, Ordinances and Good Government.
He explained that Under Section 458, par. 2 (ii) of the Local Government Code, it clearly says that revenue ordinances passed by the SP needs a majority vote of all the members, which means that the SP having a 14-member council, needs 8 votes and in this case it got the required number of votes. The claim that it needs 2/3 votes, therefore it is a 'lost ordinance' citing paragraph 2 (xii) of the same section of the code is clear ignorance of the law and they do not understand the local government code, as it refers to "tax exemptions, incentives or refiefs to entities engaged in community growth-inducing industries." In the case of the Revised Revenue Tax Code, it only needs majority of the council members, which means 50 + 1. Councilor Dindo Ramos, Vice Chairman of the Committee on Laws, Ordinances and Food Government also argued and supported the opinion of Councilor Distrito, as he in fact, appealed the ruling of the then presiding officer, El Cid Familiaran. Councilors Em Ang and Homer Bais wondered why they are still continuing to say that it had lost, when in fact the ruling of the chair was overruled, a new votation was called and he declared it as ordinance "passed" in 3rd and final reading. Councilors Al Victor Espino and Bobby Rojas had argued that under the SP Internal Rules and the Local Government Code, any ruling made by the presiding officer, can be appealed and overruled by a majority vote of the SP, which was overruled in this case by a vote of the majority of all members of the SP. The SP can even override the veto of the Mayor, much more that the SP can overrule the decision of the acting vice mayor. Councilor Carl Lopez also argued that, the essence of a deliberative body is the rule of the majority, and having the majority rule, the minority should respect considering that special sessions even held to give ample time to all the councilors to explain and participate in the deliberation of the said proposal. Councilor Espino also explained that as author of the ordinance, the said proposal was filed more than one year in the SP, 8 public hearings were conducted to various sectors, all the position papers were consolidated and some of the proposal were even considered, and five sessions days were held for the 2nd reading alone of the said ordinance. Edith B. Colmo Negros Daily Bulletin
0 Comments
Leave a Reply. |
Categories
All
|