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Amusement Fee Ordinance Comment of Dilg

The Department of Interior and Local Government (DILG) has expressed its opinion on an amusement fee ordinance passed by the Balibago Barangay Council that was rejected by the Angeles City Council. The DILG said that the city council failed to take action on the barangay ordinance within the required 30 day period, so according to the Local Government Code the ordinance is deemed approved. The barangay captain had argued this as well, claiming the city council did not provide any recommended amendments within 30 days as required. The DILG affirmed that the 30 day period is a strict limitation on the city council's review powers and the ordinance should be considered approved.

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56 views2 pages

Amusement Fee Ordinance Comment of Dilg

The Department of Interior and Local Government (DILG) has expressed its opinion on an amusement fee ordinance passed by the Balibago Barangay Council that was rejected by the Angeles City Council. The DILG said that the city council failed to take action on the barangay ordinance within the required 30 day period, so according to the Local Government Code the ordinance is deemed approved. The barangay captain had argued this as well, claiming the city council did not provide any recommended amendments within 30 days as required. The DILG affirmed that the 30 day period is a strict limitation on the city council's review powers and the ordinance should be considered approved.

Uploaded by

Babylen Bahala
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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DILG comments on controversial Balibago

ordinance
IAN OCAMPO FLORA
December 4, 2014

ANGELES CITY -- The Department of Interior and Local Government (DILG) has expressed
its opinion on the rejected amusement fee ordinance of the Balibago Barangay Council after
Barangay Captain Tony Mamac wrote the department about the actions of the Angeles City
Council.

The letter came after Mamac said that the council turned down the ordinance but only after the
prescribed period. Mamac claimed that if the City Council finds the barangay ordinance
inconsistent with the law or city ordinance, it shall return the same with comments and
recommendations for adjustment, amendment, or modification within 30 days, which it failed
within the said period, he stressed.

He cited Section 57-B of the Local Government Code which states that if the City Council fails
to take action on barangay ordinances within 30 days from receipt, the same shall be deemed
approved. The barangay leader claimed that the City Council did not even state any
recommendations or amendment to the ordinance.

In a November 28 letter written by Regional Director Florida Dijan, the DILG said that the
“department is consistent and replete with opinion that the phrase to ‘take action’ is absolute
considering that it takes no exemption."

The DILG added that the 30-day period is a limitation to the review power of the Sanggunian
and should be "strictly observed". Mamac said that the ordinance was received by the City
Council last September 22. The DILG said that if the city council has indeed failed to act on
the ordinance as Mamac claimed, the same is "deemed approved."

It could be remembered that Councilor Willie Rivera moved for the disapproval of Balibago
Barangay Ordinances Number 10 (an ordinance imposing amusement fee to recreational
establishments) and 11 (an ordinance implementing a dress code to receptionists of night
clubs).

According to Rivera, the two ordinances were disapproved because the initiatives are beyond
the powers of the barangay council. Mamac assailed the city councilors for issuing Resolution
Number 6920 disapproving the barangay ordinance.

He said that Section 152 or Scope of Taxing Powers of the Local Government Code states that
the barangays may levy taxes, fees, and charges, which shall exclusively accrue to them.

The village chief also cited a Memorandum Circular by the Department of Interior and Local
Government (DILG) dated March 27, 2009 which provides that barangays may impose fees
and charges on place of recreation which charge admission fees at a reasonable amount.

Mamac said the City Council has no power to disapprove an ordinance approved by barangay
councils.

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