Talisay SP junks village measure

CEBU, Philippines - The proposed measure making it mandatory for residents and businesses to keep their surroundings clean and wholesome in barangay Bulacao, Talisay City may not be advisable, according to the city council committee on environment that studied and reviewed the proposed measure. 

The committee, headed by Councilor Bernard Joseph T. Odilao, decided to return the proposed measure to the barangay with the suggestion and findings that the latter may consider the committee recommendations to the proposal. 

The committee had said that it is not within the ambit of the police power of a local government unit to demand from a homeowner or property owner to keep his or her surroundings clean. 

“What may be clean for some may not necessarily be clean to others,” the report read. 

“There is a need to define what clean and wholesome means,” the report stated. 

Under the proposed barangay ordinance, sponsored by barangay councilor Edwin Enerlan, who is the chairman of the committee on laws, said any other form of pollution such as littering or throwing of garbage or other waste in public places such as roads, canals eatery, or sports complex is prohibited. 

“To attain these objectives it becomes the duty of every citizen and residents of this barangay to keep his environment or surroundings clean and wholesome,” Enerlan said. 

Under the measure, violators shall be fined P500 for the first offense and P1,000 for the second offense without prejudice to the imposition of a higher penalty. 

Within a 10-meter radius from property lines, residents, schools, private as well as public, all commercial and industrial establishments shall undertake the cleaning of their own surroundings, their yards, gardens, as well as canals, roads or streets to eliminate if not destroy all things that may cause good breeding ground of mosquitoes. 

Owners of idle lots are also required to keep their lots clean. 

The committee report said if the issue on the barangay ordinance is on nuisance, there is an existing law on the New Civil Code regarding nuisance, Article 694 of the New Civil Code, which includes those unsanitary waste that can be harmful to the community that the LGU has the power to file a case for abatement and or a hearing on such issue. 

“There is a need to define in the local barangay what they mean by garbage that is already a nuisance to the community or to the neighborhood,” it said. 

Furthermore, Odilao said the barangay may as well tailor-fit it to their community but a stringent definition must be in place and understandable.  (FREEMAN)