By ALMA B. SINUMLAG
LA TRINIDAD, Benguet — Provincial Board Member Johnny Waguis in an interview said declaring La Trinidad’s municipal ordinance on the regulation of sale, disposal, storage and transportation of chicken dung as invalid in its entirety was a mistake.
This was in response to La Trinidad’s querry on the Sangguniang Panlalawigan (SP) different stands on the ordinances of Tublay and La Trinidad which had the same purposes: to regulate the sale and storing of chicken manure.
It can be recalled that Tublay’s ordinance on December 11, 2002 was given favorable review while La Trinidad’s ordinance on 2009 was declared invalid by the SP basing it on the Benguet Regional Trial Court’s decision of prohibiting the selling and storing of chicken dung in Dengsi, Tomay and Shilan.
In 1991, the municipal officials of La Trinidad filed a case with the Regional Trial Court for the abatement of nuisance with prayer for the issuance of a writ of preliminary injunction against 20 individuals engaged in chicken dung business in Dengsi, Tomay and Shilan. The RTC in 1994 ordered the immediate ban on selling and storing chicken dung in said three areas.
Waguis, who is the chairman of the Committee on Rules and Legal Matters said that it is not proper to invalidate the ordinance of La Trinidad entirely because the court’s decision did not mention the whole part of the municipality prior to the stopping of selling and storing chicken dung as only three areas were specified in the decision.
Waguis also noted that in the court’s decision, the respondents were allowed to transfer their business to other areas where nobody will be affected by the stench of their merchandise. He said the respondents can transfer even within La Trinidad given that nobody in the areas will complain and certain requirements be complied with.
Moreover, Waguis said, although the SP has the power to declare a municipal ordinance invalid in whole or in part, this power is only applicable to ordinances that are beyond the powers of the Sangguniang Bayan conferred by the law. The La Trinidad ordinance Waguis added is one of those that are conferred by law thus, the SP cannot declare it invalid.
Meanwhile, the municipality of La Trinidad affirmed that their ordinance is valid. This is according to the facts and finding of the committee on legal matters and rules report. It was also stated that La Trinidad claims they have already attained validity prior to the SP issuance of a resolution declaring it invalid because according to the provisions of the local government code of 1991, it says that the SP must act to review an ordinance within 30 days. If the said body fails to act within the prescribed days, the ordinance will be considered approved. In the case of La Trinidad’s municipal ordinance, the SP only acted on it after 145 days.# nordis.net