Close on the heels of the still unsettled issue on towing services, the Dagupan city hall finds itself enmeshed in another controversy.

This time it’s the collection of P2,500 Resource Users Deposit (RUD) which is not provided for in the Comprehensive Fishery Code, series of 2003.

Councilors Michael Fernandez, Danilo Torio, Jose Neto Tamayo and Alex de Venecia said while the RUD is not provided in the ordinance, it was introduced in the Implementing Rules and Regulations (IRR) drafted by the City Legal Office and enforced by the City Agriculture Office.
Councilor Tamayo told newsmen that they noted the discrepancy between the ordinance and the IRR during a hearing conducted by Torio’s committee on the request of fish pen operators who have asked for a reduction of the annual fees on their Aquatic Lease Agreement (ALA) amounting to P6,000 each.

He said if the IRR, particularly on the non-existing RUD, has no basis, then it can be said that the collection of fees for RUD is “unauthorized”.

Consequently, the city council passed a resolution calling the City Agriculture Office to stop the collection of RUD after noting the predicament of fish pen operators who complained they have been losing in their business ventures because of the high fees being charged by the city government and the skyrocketing costs of fish feeds.

Councilor de Venecia branded the collection of RUD from fish pen operators as another case where “a cart is put ahead of the horse”, a situation that the city hall of Dagupan had repeatedly done in the past.

Asked if the collection of RUD is a form of illegal exaction, Tamayo, a lawyer, said: “Yes, but it would be best to call it unauthorized exaction”.

He stressed that under the Civil Code of the Philippines, if there is something that has been received by mistake, the recipient must return it.

As to the RUD already paid by fish pen operators in the past, Tamayo said their payment should be applied to their present accountabilities, adding that in the case of operators who do not have accountabilities, the city government should return their money.

The collection of RUD started since the inception of the fishery ordinance sometime in 2003.

At the same time, the city council in a consensus vote approved the lowering of the ALA fee of P6,000 per year by 50%, but this is good only for one year.

 

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