A New Tactic to Impose Barangay Ayala Alabang's Ordinance No. 1 : People's Initiative and Referendum
BY ADMIN ON MARCH 23, 2011
The Hearing of March 19, 2011
The hearing conducted by Barangay Ayala Alabang on its Ordinance No. 1-2011 last March 19, 2011 revealed the strength of the arguments in favor of the scrapping of the ordinance.
The proponents of the Ordinance were represented by Atty. Luis Sison, former Senator Nene Pimentel and Dr. Angelita Miguel Aguirre, who were all non-residents of the barangay. On the panel opposing the ordinance were Atty. Frank Chavez, Atty. Mario Aguinaldo and myself, all residents of Baranagay Ayala Alabang.
The main agenda of the public hearing were the points against the ordinance raised by the Muntinlupa City Council's Committee on Health and Sanitation, which was the basis for the suspension of the ordinance approved by the barangay council. According to Section 57 of the Local Government Code, the City Council has the power to review ordinances passed by the barangay council to ensure that national and municipal laws and regulations are not contradicted by the barangay measure.
It was the position of the City Council, through its Committee on Health and Sanitation, that Ordinance No. 1 of Barangay Ayala Alabang had conflicts with existing national laws and regulations, and even raised Constitutional concerns. Those issues raised by the Council's committee compelled the Barangay Ayala Alabang Council to hold the March 19 hearing.
The Barangay Council presented the three main points of the City Council against the ordinance and asked the panelists to comment on each one.
The opposing panel agreed with the observations of the city council, and presented the legal arguments which supported the call for the ordinance's disapproval. Resource persons from national government agencies such as the Department of Health, the Food and Drug Administration, the Professional Regulations Commission, the Commission on Human Rights, the Pharmacists Association of the Philippines and even Senator Pia Cayetano, author of the FDA law, all gave statements saying that the Ordinance violated existing national laws.
On the other hand, the panel in favor of the ordinance did not answer the issues point point blank and did not even dispute what the city council's opinion. No counter argument was raised by the proponents on any of the three issues.
It is therefore plain to see that the barangay council should have not other recourse but to withdraw the ordinance, considering that the national agencies concerned are all against the ordinance and the city council, which has the power to review barangay ordinances, took a position through the Committee on Health and Sanitation that they see the ordinance as violating pertinent national laws and regulations.
A New Tactic
But word has gotten out that the proponents would like to go around the barangay council and use a new tactic—the People's Initiative and Referendum.
Article VI, Section 32 of the Philippine Constitution instructed Congress to pass a law providing for a system of initiative and referendum "whereby the people can directly propose and enact laws or approve or reject any act or law or part thereof passed by the Congress or local legislative body".
In compliance, Congress approved in August 4, 1989 Republic Act 6735 known as the Initiative and Referendum Act. The law provided the mechanism on how citizens can "directly propose, enact, approve or reject, in whole or in part, the Constitution, laws, ordinances, or resolutions passed by any legislative body".
Under the said law, any registered voter of may exercise the power of initiative and referendum for laws or ordinances within their jurisdiction. That is, any registered voter may exercise the power to pass a national law or a registered voter in a particular barangay may use the power of initiative and referendum for a barangay ordinance.
It is this power which proponents of Barangay Ayala Alabang Ordinance No. 1 is rumored to be planning to employ. With the strong possibility that the barangay council will withdraw or water down the ordinance because of the iron-clad arguments against it, they are looking for ways to circumvent the barangay council and hopefully pass the ordinance through their direct action.
The proponents are correct that they can use this avenue of passing an ordinance. It is provided for in the Constitution and an implementing law was passed by Congress. But it is still not an avenue without obstacle.
Initiative and Referendum
R.A. 6735 provides for two distinct powers to the citizens- that of initiative and referendum. Initiative is the means wherein the people may directly propose a law or ordinance which shall then be acted upon by the appropriate legislative body.
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By Any Means in the Philippinesby UNICEFUK1,695 views
this is fucking ridiculous! dumb ass!
Aretwothreefour 3 months ago
Simple lang naman yan, edi wag bumili sa AYALA-alabang problema ba yun, mayaman yung mga taga dyan e... pambihira
deesilvestre 9 months ago
Philippines' population is ranked 12th in the world at 94 million filipinos... you cant blame economy on corruption alone when the country is over populated... If the country continues on the same path; its resources will not be able to sustain the population forcing deeper economic depression. I understand the bible says to be fruitful.. but that was over 2000 years ago when population was a near 300 million world wide.. Its time to be apply modern rules.. give the people their condoms.
TheLegendaryLinx 9 months ago
Este abogado calvo es un autentico subnormal. In other countries, the government gives condoms for free to educate the people to safe sex and people can buy it easily in vending machines.
lefairam 10 months ago
these antilifers are so pathetic.the silent majority is starting to speak out and these noisy anti life minorities are panicking
niquepadilla 1 year ago
In mass today, the so-called "pro-life" group had the audacity to speak at St. James, flashing the same outdated law, singing the same tune as this Atty. Sison. They passed a folder around seeking signatures for the petitioning of the ordinance. WTF?! Next thing you know they'll be banning energy drinks or sum'n. 100 million Filipinos..33% below poverty line with highest mortality rate, having no means to support a huge family, and they call themselves "pro-life"?! Separate church and state!!
theOltimer 1 year ago
This is one of the STUPIDEST things I've heard in a long time!!!
Underfighter73 1 year ago
How stupid could people get? Bakit gusto ba nila na lahat ng tao sa Pilipinas ay mag karon ng mga STDs? Lalo na na wala namang mga treatment na maayos pag nakakuha ka ng mga STD sa Pilipinas. And they wonder kung bakit ang laki ng population ng Pilipinas! Mga hangal! Kaya ang daming taong naghihirap eh! Kasi nagkaka anak ang mga mahihirap ng sampu, tapos yung sampung yun magkakaanak rin ng sampu each and so on! The govt doesn't even protect their rights to family planning! Ano ba yan!
pashke911 1 year ago
anung katarantaduhan yan!
montam26 1 year ago