AN ordinance passed by the Sangguniang Panlungsod regulating the conduct of backfilling of lots as a result of reclassification supposedly under the city’s zoning ordinance passed  sometime in 2016 was vetoed by Mayor Belen T. Fernandez.

Vetoed was Ordinance No. 2147-2018 authored by Councilor Nicanor Aquino, chairman on the committee on Land Use, also known as the Anti-Backfilling Ordinance of the City of Dagupan.

Also returned to the SP after its partial veto by Mayor Fernandez was Ordinance No. 2145-2018, also authored by Councilor Aquino, reclassifying three parcels of land in Lucao from agricultural to residential and/or commercial.

Mayor Fernandez cited four reasons for her veto.

1. The ordinance falls short of the requirements in the Zoning Ordinance (Ordinance No. 2061-2016) and imposes additional requirements provided under Section 73 of the Zoning Ordinance which in effect amends the ordinance.

Fernandez reminded the SP that amendments to the Zoning Ordinance requires compliance to the consultative processes. This was pointed out by City Zoning Officer James Fernandez during a committee hearing but it was not heeded.

2. The ordinance is “an illegal arrogation of executive powers since it grants to the Sangguniang Panlungsod only the power to permit backfilling activity by issuing a “no objection resolution.”

The mayor said it is contrary to Section 455 of the Local Government Code which grants to the city mayor the power to issue permits and licenses pursuant to law or ordinance.

3. The Ordinance is contrary to President Duterte’s policy of streamlining government processes which is to provide swift government service to the public.

4. The ordinance conflicts with the spirit of the Comprehensive Land Use Plan which identifies the elevation of areas as part of its engineering interventions in order to prevent flood.

In vetoing the ordinance, Mayor Fernandez cited three salient concerns::

1. There is no expert study mentioned in the ordinance that point to backfilling as the main cause of the flood. No legislation must be based on mere guesswork.

2. Backfilling is an activity rampant in nearby localities. “If Dagupenos will be given difficulty in elevating their lots. while those in Mangaldan, Binmaley, Calasiao, Lingayen, Sta. Barbara and San Fabian can do so with ease, then all city  properties will catch all the flood waters from these raised areas. All the more, our properties will be exposed to inundation. This Anti-Tambak Ordinance is in reality “pro baha,” she said.

3. It is against good business climate. She said many look forward to Dagupan City as the next investment area.

Meanwhile Mayor Fernandez  also vetoed Ordinance No. 2145-2018 reclassifying three lots in Barangay Lucao from agricultural to residential and or commercial use. “It has no legal basis because Ordinance No. 2147-2018 which is required to be complied with has not yet been approved by the City Mayor.”

Aquino proposed to his colleagues to override the mayor’s vetoes of the two ordinances but the move to override the veto will not likely succeed since it will need a vote of at least three-fourth of all the members. (Leonardo Micua)

Share your Comments or Reactions

comments

Powered by Facebook Comments