AN ordinance passed by the city council condoning payment of penalties, interest and surcharges to the back taxes of owners of for-rent picnic sheds at Tondaligan Park has been vetoed by Mayor Alipio Fernandez Jr.

In his veto message addressed to Vice Mayor Belen Fernandez, who also chairs the council, the mayor cited among others the lack of public hearing conducted by the council when it enacted Ordinance No. 1914-2008 as required in Section 187 of the Local Government Code of 1991.

City Legal Officer George Mejia said the ordinance was passed in a regular session of the city council on February 12 presided over by Councilor Michael Fernandez, presiding officer pro tempore.

The vice mayor was on leave at that time.

Ordinance No. 1914-2008 was jointly authored by Councilors Danilo Torio, Karlo Liberato Reyna IV, Luis Samson, Jose Netu Tamayo and Marcelino Fernandez.

Under the ordinance, the shed owners will pay only their current and back taxes, except penalties, interest and surcharges imposed for late payment.

The mayor also cited in his veto, the first since his return to the position in July last year, that his office had not issued the request for the condonation granted by the city council, hence, the enactment of the ordinance was improper.

Fernandez said the city mayor as the chief executive of the city government, shall ensure that all taxes and other revenues of the city are collected, and therefore any request for tax exemptions as well as condonation of penalties, interest and surcharges must be coursed through the city treasurer for appropriate study and recommendation to the chief executive.

Records show that as of February 2008, a total of 112 owners of picnic sheds being rented out were listed as delinquent in the payment of their taxes amounting to P1.6 million.

At the same time, Mayor Fernandez said the condonation made by the city council is prejudicial to the public welfare and unfair to the shed owners who have been regularly paying their taxes to the city government.

Prior to the enactment of the ordinance, Mejia and City Engineer Virginia Rosario met with delinquent shed owners who all agreed to pay all their back taxes on or before March 15 and failing, the latter would voluntarily demolish their structures.

The shed owners then sought the help of the councilor who later obliged.

“We will wait for the next move of the city council and see whether they will override the veto or not. If they will not, the ordinance is good as rejected,” Mejia said.

He said when that happens, the delinquent shed owners must pay all their arrearages before March 15 otherwise the city government would be compelled to remove their sheds.—LM

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