Move to amend liquor ordinance turned down

The committee on laws of the Cebu City Council has rejected the move of councilor Glena Bontuyan, representative of the youth sector in the City Council, to amend the existing liquor ordinance.

Bontuyan suggested that barangay officials must be required to report regularly to the Liquor Licensing Commission those establishments in their areas of jurisdiction that sell liquor and other alcoholic beverages without permit.

The committee headed by councilor Edgardo Labella said that though Section 389 (b) 15 of the Local Government Code provides that barangay captains shall exercise such other powers and perform such other duties and functions as may be prescribed by law or ordinance, the provision is not clear on which ordinance is it that can require the barangay captain to perform additional duties.

“If it is to be interpreted as ordinance of the barangay alone, then requiring the barangay to make a quarterly report to the Liquor Licensing Commission pursuant to a city ordinance would be illegal,” Labella said.

Labella, a lawyer by profession, added that there is no provision in the Local Government Code requiring barangay officials to monitor compliance with ordinances of the city.

“It is an over-breadth attempt in the sense that the city could actually direct the Liquor Licensing Commission itself to constantly monitor compliance of the liquor ordinance rather than the barangay chairmen,” the committee chairman said.

City Ordinance 1413 does not require the barangay captains to assist in the enforcement of the liquor ordinance. This is the very reason why barangay officials did nothing against establishments that sell liquor in their areas sans permits.

The City Hall tax mapping team disclosed that a number of stores in the city are selling liquor and beer products without complying with the provisions of the liquor ordinance. — Rene U. Borromeo/MEEV