By Ambrosio R. Villorente
The Municipality of Malay through its Municipal Mayor, Hon. Ceciron S. Cawaling assailed “the validity of the Provincial Ordinance No. 05-032 of the Province of Aklan”.
In an unnumbered Civil Case filed by Mayor Cawaling with the Regional Trial Court, Kalibo, Aklan, the petitioner prayed that Provincial Ordinance No. 05-032 after hearing be declared “null and void”.
Provincial Ordinance No. 05–032 is “An Ordinance Implementing The Regulations of the One Entry/Exit Policy to/from Boracay Island for the Preservation, Protection, Security and Safety of the Provincial Tourism Assets and Resources and Prescribing Penalties For Violations Thereof”.
In his petition for “Declaratory Relief With Preliminary Injunction,” Mayor Cawaling alleged that the said provincial ordinance usurps the power and function of the (LGU Malay) as defined in the Local Government Code. Mayor Cawaling pointed out that “the respondent (Aklan Provincial Government) cannot legislate exclusively on matters which are within the authority and jurisdiction of the petitioner” (Malay Municipal Government).
“The respondent clearly overstepped and usurped the power of the Municipality of Malay, as Section 17 (b), (3), (xii) of the Local Government Code of 1991 the province of Aklan is limited to tourism development and promotion program”.
According to the petition, Section 5. Entry and Exit of Provincial Ordinance No. 05-032 is invalid when the respondent exercised administrative and supervisory functions on the ports located in the jurisdiction of Malay.
Moreover, the petition said, “the respondent…disregarded and trample(d) upon the corporate powers of the petitioner…as local government unit shall enjoy full autonomy in the exercise of their proprietary functions and in the management of their economic enterprises.”
It alleges that Section 5, (b) of Provincial Ordinance No. 05-032 is invalid when it unlawfully closed all the existing boat stations of the municipality of Malay, Aklan”. Said provincial ordinance “will create duplication of assessment of fees which is discriminatory and prescribed with the free flow of commerce in the Island of Boracay,” stated the petition.
Moreover, the petitioner also believes the “subject ordinance is unconstitutional as (it) significantly restricts the basic right of an individual to travel with its one entry/one exit policy. It violates the due process and equal protection clause as the same do not apply to all boat owners as shown under Section 5 of the Ordinance”.
The Municipality of Malay is represented in court by the Gepty, Dela Cruz and Morales Law Office with office address in Kalibo, Aklan.
The case is now awaiting proper disposition in Branch 7, Regional Trial Court, Kalibo, Aklan. /MP
In an unnumbered Civil Case filed by Mayor Cawaling with the Regional Trial Court, Kalibo, Aklan, the petitioner prayed that Provincial Ordinance No. 05-032 after hearing be declared “null and void”.
Provincial Ordinance No. 05–032 is “An Ordinance Implementing The Regulations of the One Entry/Exit Policy to/from Boracay Island for the Preservation, Protection, Security and Safety of the Provincial Tourism Assets and Resources and Prescribing Penalties For Violations Thereof”.
In his petition for “Declaratory Relief With Preliminary Injunction,” Mayor Cawaling alleged that the said provincial ordinance usurps the power and function of the (LGU Malay) as defined in the Local Government Code. Mayor Cawaling pointed out that “the respondent (Aklan Provincial Government) cannot legislate exclusively on matters which are within the authority and jurisdiction of the petitioner” (Malay Municipal Government).
“The respondent clearly overstepped and usurped the power of the Municipality of Malay, as Section 17 (b), (3), (xii) of the Local Government Code of 1991 the province of Aklan is limited to tourism development and promotion program”.
According to the petition, Section 5. Entry and Exit of Provincial Ordinance No. 05-032 is invalid when the respondent exercised administrative and supervisory functions on the ports located in the jurisdiction of Malay.
Moreover, the petition said, “the respondent…disregarded and trample(d) upon the corporate powers of the petitioner…as local government unit shall enjoy full autonomy in the exercise of their proprietary functions and in the management of their economic enterprises.”
It alleges that Section 5, (b) of Provincial Ordinance No. 05-032 is invalid when it unlawfully closed all the existing boat stations of the municipality of Malay, Aklan”. Said provincial ordinance “will create duplication of assessment of fees which is discriminatory and prescribed with the free flow of commerce in the Island of Boracay,” stated the petition.
Moreover, the petitioner also believes the “subject ordinance is unconstitutional as (it) significantly restricts the basic right of an individual to travel with its one entry/one exit policy. It violates the due process and equal protection clause as the same do not apply to all boat owners as shown under Section 5 of the Ordinance”.
The Municipality of Malay is represented in court by the Gepty, Dela Cruz and Morales Law Office with office address in Kalibo, Aklan.
The case is now awaiting proper disposition in Branch 7, Regional Trial Court, Kalibo, Aklan. /MP
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