CEBU, Philippines - The Talisay City council committee on laws disapproved the proposed resolution of opposition Councilor Romeo Villarante when he asked the Office of the Mayor to submit to the Sangguniang Panlungsod a copy of the contract of lease for garbage trucks the city has entered into with a private company.
In a two-page report, city council chairman on laws Richard Francis Aznar said the initiative is beyond the powers of the city council.
Earlier, Villarante has asked the mayor to furnish the council a copy of the contract of lease for garbage trucks after learning that the city government has rented from a private company, which would augment garbage collection.
Villarante, who is the assistant chairman of the committee on laws, in his proposed resolution No. 2012-33-2, said he has asked the Office of the Mayor to submit to the sanggunian a copy of the contract.
Villarante said there is no malice in asking for a copy of the contract. His only intention is to review the contract.
But Aznar said “the proposed resolution is an ultra vires act.”
He pointed out that the city council has given blanket authority to Fernandez to enter into an agreement with a private firm, salaries, consultancy services and infrastructure projects and others not exceeding P3 million.
“The Committee on Laws in conformity with the DILG opinion that it is not proper and legal for the Sangguniang Panlungsod to review the actions or proceedings of the executive, which would in effect duplicate the statutory mandated powers and functions of the latter as it would violate the principle of separation of powers,” Aznar said.
Aznar also said the contract to enter into by the mayor only involves P9,000 a month, which includes the fuel and personnel for garbage collection.
Villarante, however, said Section 455 of the Local Government Code of 1991, requires that the mayor’s representation of the city in its business transaction must be “upon authority of the sangguniang panlungsod or pursuant to law or ordinance,” which in this instance may be lacking.
Villarante also said the city council has the right to know the cost and terms of the contract of lease of garbage trucks. (FREEMAN)