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Friday, July 13, 2007
Mayor vetoes Davao City's shelter ordinance
By Nelson C. Bagaforo
DAVAO CITY -- Mayor Rodrigo R. Duterte vetoed Thursday what was touted as a landmark ordinance approved by the 14th City Council--the Comprehensive Urban Shelter and Services Development Code of Davao City or the Shelter Code.
The ordinance, Duterte said, contains "legally flawed provisions."
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He cited at least five provisions that, "by legal technicalities, may render invalid or nugatory the entire ordinance."
Duterte returned the ordinance for rectification to the City Council through Margarito dela Cruz, its acting secretary.
Councilor Arnolfo Ricardo Cabling, chair of the committee on housing, rural and urban development and proponent of the Shelter Code, said Thursday only "minor rectifications have to be made."
He was quick to add he is not sure "whether the City Council will allow me to make the corrections and pass (the measure) under suspended rules next week."
"If not, balik ito (ordinance goes back to) sa second reading," Cabling said.
Duterte said he doubted the validity of Section 19 of the ordinance, mandating an allocation of 10 percent of the City Housing Office's budget to the City Housing Board.
"It violates the 'specific purpose' clause under Section 336 of RA 7160 (otherwise known as the Local Government Code), which mandates that funds shall only be exclusively devoted to the specific purpose for which they have been appropriated," said Duterte in his veto message.
He also said upon verification, "it also appears that no certification of the availability of funds from the city treasurer has been issued to justify the 10 percent increase in the current budget of the City Housing Office as financial allotment for the City Housing Board."
Duterte added that Section 4 of the ordinance "is highly susceptible to misinterpretation" when it allows summary demolition without securing clearance from the Presidential Commission for Urban Poor (PCUP) under Executive Order 152, which designates PCUP as sole clearing house for the conduct of demolition activities involving the homeless and underprivileged.
"To obviate such possibility, Section 4 should mention that any demolition shall be subjected to the provisions of EO 152 or any existing law applicable to the matter," the mayor said.
The coverage of the ordinance, he also said, as stated in Section 6 should also include those areas exempted under Section 5 of RA 7279, otherwise known as Urban Development and Housing Act of 1992.
At the same time, Duterte believes confusion "may arise in the interpretation of Section 13 and Section 21," which he said treated the same subject matter under the ordinance.
The Shelter Code was approved on June 12 amid jubilation of the attending urban poor groups who lobbied for its passage since January.
"Nalipay gyud mi hilabi nga sa among paminaw ganina nga dili na pud maaaprubahan (We're happy especially because the mood earlier was that the Shelter Code will not be approved again)," Virginia Bayo, chair of the Kobbler Federation of Neighborhood Associations and convener of the Shelter Code Alliance, said tearfully. (Sun.Star Davao/Sunnex)
For more Philippine news, visit Sun.Star Davao. (July 13, 2007 issue)
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