PB “disapproves” town ordinance

CEBU, Philippines — The Provincial Board (PB) of Cebu has sought modification of Bantayan municipal ordinance abolishing a second highest plantilla position with salary grade 22, saying it is defective.

The PB has approved the report of the Committee on Laws and Review on Ordinances that Board Member Raul Bacaltos heads, returning Ordinance No. 19 series of 2019 to the Sangguniang Bayan (SB) of Bantayan.

“Premises considered, this Committee deeply regrets that it could not accord its approval of the ordinance under review and it is respectfully recommended that the same be returned in view of the above comments and for appropriate modification,” read the committee recommendation.

On September 18, 2019, the Bantayan Council had enacted the subject ordinance revoking Ordinance No. 15 series of 2017 creating a position title of Supervising Administrative Officer SG 22 under the Office of the Municipal Administrator.

“Review of an ordinance would involve validity,” commented the Committee.

It cited a leading case of Balacuit vs. CFI of Agusan del Norte, 163 SCRA 290 which states that, “the presumption is always for the validity of the ordinance passed by the sanggunian and such presumption of validity may only be set aside when the invalidity or unreasonableness appears on the face of the ordinance itself.”

The Committee said for the Sangguniang Panlalawigan to declare an ordinance or resolution as invalid, it is essential that there must be a clear showing that its enactment is beyond the powers conferred upon the Sangguniang Panglungsod or Bayan.

“This Committee will not delve further into the substance of the subject ordinance having observed that it is not in keeping with the norms of legislation and that the concerned sanggunian may have inadvertently missed taking notice that this measure is defective vis-à-vis paragraph (b), Article 107, Rule XVII of the Implementing Rules and Regulations of the Local Government Code as cited above, as well as Section 54(a) of the same law,” read its comments and findings.

Article 107 (b) provides that proposed ordinances and resolutions shall be in writing and shall contain an assigned number, title or caption, an enacting or ordaining clause, and the date of its proposed effectivity. In addition, every proposed shall be accompanied by a brief explanatory note containing the justification for its approval. It shall be signed by the author or authors and submitted to the secretary to the sanggunian who shall report the same to the sanggunian at its next meeting.

Pending review by the PB of the subject ordinance, Katrina Kaye Kowalik, the occupant of the said position, has filed charges against Mayor Arthur Despi, Vice Mayor Antonio Montemar and 10 SB members and two others before the Office of the Ombudsman-Visayas.

Kowalik was appointed during the time of then mayor Ian Christopher Escario, Despi’s opponent in the May 13, 2019 elections.

Despi has assigned Kowalik to the Municipal Research and Learning Center. (FREEMAN)