Council rejects Pasil ordinance

CEBU - For being duplication to an existing city ordinance, the Cebu City Council committee on laws and ordinances has rejected the proposal of barangay Pasil to penalize drunken persons and persons carrying deadly weapons.

Councilor Edgardo Labella, the committee chairman, explained that public drunken behavior is already penalized under City Ordinance 512, as amended by City Ordinance 1929.

Any resident of the city proven to have violated the ordinance may be jailed for three months and may be fined with P1,000. The court also has the discretion to impose both penalties.

Labella said that if the proposed barangay ordinance of Pasil will be approved, it would be in conflict with the existing city ordinance because the barangay ordinance reduces the fine to only P500. A barangay ordinance, nevertheless, cannot amend a city ordinance.

“There would then be a conflict between the two ordinances since both are enforceable within the same territorial jurisdiction in so far as barangay Pasil is concerned. The proposed ordinance, therefore, is invalid for being ultra vires since the Sanguniang Barangay cannot amend an ordinance of the Sanguniang Panglungsod,” Labella said.

Pasil barangay captain Romeo Ocarol said they passed the ordinance to augment the peace and order situation in the coastal barangay. Pasil has been identified as a haven for criminals. — Rene U. Borromeo/JMO (THE FREEMAN)