By Felix ‘ Boy’ Espineda, Jr.
SORSOGON CITY (BicolToday.com/21 Dec. 2011) – Short of accusing the city legal office of misinterpreting Section VII of City Ordinance No. 029-Series of 2011, which City Mayor Leovic Dioneda derailed by a memorandum sent to Vice-Mayor Robert Rodrigueza, East District Councilor Victorino Daria III, the author of the ordinance had seen the moved of the chief executive as a line item veto which he argued by sending a memorandum for the city mayor that accuses the mayor of failing to heed to reason.
In his memo for the chief executive he countered that the “legal issues” founding the veto is amusing. Daria asserted that the provision of the ordinance made contentious was a safe net after the discovery of fake MTOP’s by his office. But the legal team of the city mayor failed to delineate the legal construction of the ruling of LTO vs. Butuan City which Daria III believed muddled the interpretation of Section VII of City Ordinance No. 029-S. 2011, for it does not seek registration of the tricycle and the issuance of a permit in the driving thereof which is contained in SP Ordinance NO. 916-92 of Butuan City.
To quote further the legal arguments in the memorandum of Councilor Daria to City Mayor Dioneda, it stated ” abundant caution does no harm (Maxims of Law, by Richard Anthony). The safety of passengers is so impressed with public policy that the local government should not take a passive role and just simply stand on the sideline watching its implementation by the national government, as this particular raised issue suggests” it is now here that Daria believed that the general welfare provision of RA 7160 was sorely missed by the city legal team who ill-advised Mayor Dioneda to put on hold the signing of the approved ordinance.
The veto of Dioneda was transmitted on November 22, 2011, thus prompting Daria to seek legal advised expecting that the perceived flaws in the legal opinion received by the city mayor be reversed earning a signature for City Ordinance 029, S. 2011which he said was constructively done. BicolToday.com
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