ANOTHER SHOWDOWN LOOMS

Baniqued defends collections

DAGUPAN’s Sangguniang Panlungsod (SP) is probing the city administration’s alleged illegal and unauthorized collection of fees for the use of public properties as well as the hiring of a private towing service firm for illegally-parked vehicles without the corresponding city ordinances.

The most controversial issue involves the towing of vehicles, which is now being handled by a private company, JDL Motors, Inc., based in barangay San Vicente, San Jacinto with whom Mayor Benjamin Lim signed a memorandum of agreement sans any authority from the city council.

In last Monday’s SP session, Councilor Danilo Torio said for two years now, JDL has been towing vehicles along the streets of Dagupan and he cannot remember any resolution enacted by the council authorizing the mayor to enter into contract with that company.

Taking the podium, Councilor Alex de Venecia elicited information from City Treasurer Romelita Alcantara that based on the MOA she has yet to see, the city government gets 20% of the towing fee being collected by the company while the latter gets 80%.

The government gets 100% of the collection only from the impoundment fee.

Vice Mayor Alvin Fernandez was surprised that the share of the city was not made higher than 50 per cent or more.

BANIQUED EXPLAINS

City Legal Officer Geraldine Baniqued, in a radio interview, said Mayor Lim signed the contract with JDL after the city council ignored a letter of the city executive requesting for such authority.

“We have requested on January 6, 2006 a resolution authorizing the mayor to enter into contract and this was received by the Sangguniang Panlungsod on January 10, 2006, that was more than a year ago, and I distinctly remember that there was a public hearing conducted for the purpose,” Baniqued said in a rather harsh tone.

Baniqued cited the provision in the Local Government Code which indicates that “when a lower Sanggunian enacts an ordinance which requires the approval of a higher Sanggunian, there is a period provided within which the higher Sanggunian should act.”

As an analogy, she said that if the Sangguniang Barangay enacts an ordinance that needed to be approved by the Sangguniang Panlungsod, the latter has 30 days within which to act on the ordinance otherwise the ordinance is deemed approved.

Meanwhile, the owner of JDL Motors has been called for questioning in the next session also to explain what it has done in connection with the Bureau of Internal Revenue (BIR)’s recent action against it questioning its use of receipts indicating its address is at San Jacinto, Pangasinan when it is doing its business in Dagupan.

The issue was raised after personnel of JDL and the Public Order and Safety Office towed a car of a BIR examiner who agreed to pay the fine but who in turn imposed a fine on the company for using a receipt that is in violation to the internal revenue regulations.

UNAUTHORIZED FEES

Meanwhile, Councilor Michael Fernandez said fees are being collected from the public for the use of the Dagupan Astrodome, Mayor’s Shed, the City Museum and the city plaza without any ordinance setting the fees for the use of the same that was enacted by the city council.

“We have ordinances providing for these fees but only for the purpose of regulation and not for the purpose of profit or revenue generation,” Fernandez said.

Fernandez recalled that one company that applied for the use of the city plaza was charged P15,000 a day or P45,000 for three days, amounts he dubbed as exorbitant and in violation of the established jurisprudence that “parks and plaza are beyond the commerce of man.”

The councilor recalled that when the regional director of the Department of Finance came to Dagupan, he noted that the city was collecting fees based on mere executive orders and not on ordinances.

He quoted the director as saying that the collection of fees should be in the form of an ordinance, otherwise “that would be depriving the people of their right to participate (in public hearings) and notice as well.”

Councilor Jose Netu Tamayo backed the points raised by Fernandez and said this is a very serious matter that need to be settled immediately.

Baniqued said the schedule of fees being charged for the use of the Astrodome, Mayor’s Shed and the Museum were all specified in the Local Revenue Code approved by the SP.

OTHER MATTERS

In a related issue, Councilor Farah Decano questioned why those who are requesting for reproduction of entries in the police blotter are being made to pay excessive fees at the new One-Stop-Business Shop.

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