Certain provisions of the bill passed by both Houses of Congress, An Act Revising the Charter of the City of Baguio, did not sit well with several members of the Baguio City Council.
Last Monday, officials of the Presidential Legislative Liaison Office (PLLO) presented to the city council the final version of the bill. The city council members raised several concerns on certain sections of the ratified bill.
Some of these concerns were the same concerns raised during the city council’s special session on June 18, 2021 when they deliberated on the Senate version of the bill. Recommendations of the city council members were submitted to the technical working group of the Senate for consideration.
One concern raised by Councilor Betty Lourdes Tabanda was the absence of descriptions on the geographical boundaries of Baguio City which, according to her, should have been indicated in the bill. She said Section 3 seems to imply that a certain government agency is responsible for resolving boundary disputes when it should be the City Government of Baguio along with the neighboring local government units exercising their local autonomy on the resolution of boundary disputes in accordance with the Local Government Code.
Another concern raised by Tabanda is the mandatory creation of certain city government offices under Section 6 which shall be considered as departments. Two of these offices to be created as departments are the Public Information Office and the City Tourism Office. The former already exists but is under the City Mayor’s Office while the latter is yet to be created but is similar to the Tourism and Special Events Division under the City Administrator’s Office.
Tabanda said the city’s budget might not be adequate to create these departments.
She also mentioned the removal of a provision stating that the proceeds from the sale of public lands within the Baguio Townsite Reservation shall go to the coffers of the city government. She said this would affect the city’s budget considering that the city government gains income from the sale of public lands. The removal of the said provision implies that the income from the sale of public lands will now go to the Department of Environment and Natural Resources (DENR).
Other concerns raised by other council members dwelled mostly on land issues within the Camp John Hay (CJH) Reservation and on the segregation of barangays therein.
Councilors Fred Bagbagen, Philian Weygan-Allan, Michael Lawana, Benny Bomogao, and Arthur Allad-iw expressed concern on the welfare of communities within the Camp John Hay Reservation which is managed by the Baguio City Development Authority (BCDA).
Lawana, President of the Liga ng mga Barangay, expressed dismay over the amended city charter as it does not ultimately solve the land disputes involving the 13 barangays situated within the Camp John Hay Reservation.
Bomogao, one of the councilors tasked by the city council to attend the meeting with Senator Francis Tolentino, said the proposal to include a provision segregating the 13 barangays within the CJH reservation was not considered.
Another substantial amendment proposed by the city government was the inclusion of provisions recognizing ancestral lands within the Baguio Townsite Reservation. This was not also considered, Bomogao stated.
Meanwhile, Allad-iw and Councilor Isabelo Cosalan, Jr. raised an objection to the absence of a provision on subjecting the proposed revised charter to a plebiscite which grants the Baguio citizens, especially the members of IP communities, their right to reject or approve a policy or a legislation that affects them.
Cosalan said the city government, through its Sanggunian, would go as far as calling for the veto of the bill for not containing provisions on the inclusion of a plebiscite if that was the only option.
The bill has been routed to the Senate president for signature. Once signed by the Senate president, the PLLO will transmit the same to the office of the president. Upon receipt, the president is given the discretion to approve the bill, veto it, or have it lapse into law within 30 days.
PLLO Sec. Luzverfeda Pascual informed the council that the enrolled version will reach the office of the president either on March 9 or 10, 2022. Thus, the president is given until either April 8 or 9, 2022 to act on it.
Pascual said their office is mandated to advise the president on the best course of action based on the feedback of the concerned local government unit. She said it is the task of their office to transmit to the president any document or communication letter containing the collective stand of the local government on the ratified version of the bill.
Although she expressed hope that the bill would be signed into law this time, she told the city council members that they could write a recommendation paper regarding the bill. She added that the PLLO would be willing to relay the sentiments of the city council to the president, be it positive or negative.
She said the approval of the bill could be delayed and the same could be refiled if the president would heed the sentiments of the city government or its people.
“It [bothers] me to know that you were not consulted and that you were not given the chance to peruse the provisions of this ratified version,” she exclaimed.
Councilor Fred Bagbagen volunteered to draft the city council’s recommendation report on the ratified bill to be sent to the office of the president through the PLLO.
Salient features of the bill
According to PLLO Usec. Orville Ballitoc, three salient features of the bill were identified by Senator Francis Tolentino during the period of interpellations.
First, the bill would help make the city more competitive with other cities and would turn it into a smart city. The bill creates new offices and positions within the structure of the city government of Baguio City and increases the salary grade of the members of the Sangguniang Panlungsod.
Second, the bill is more attuned to the needs of the present and the future residents of Baguio City.
Third, the bill provides reasons why the earlier version of the bill was vetoed by former President Ninoy Aquino III in 2003. These reasons were mostly on the disposition and acquisition of public lands in the city. The bill further provides possible solutions to spare it from being vetoed again.
Ballitoc quoted an excerpt of Tolentino’s sponsorship speech on House Bill No. 8883 last September 1, 2021.
“With the revised City Charter, Baguio City promises to continue its legacy at the symbol of enduring progress and rich history in the country. As one of the most loved cities by Filipinos and foreign tourists, Baguio City, through its revised charter, will surely secure sustainable progress that will redound not just to the benefit of Baguio residents but the entire country especially in the Indigenous Peoples communities,” Tolentino was quoted as saying.
History of House Bill 8882
During the 14th Congress, the House approved on third reading House Bill 6374, An Act Revising the Charter of the City of Baguio, but the Senate failed to report it out due to time constraints.
During the 15th Congress, the Bicameral Conference Committee Reported out House Bill 3759, An Act Revising the Charter of the City of Baguio, but was vetoed by the late President Benigno Aquino III in 2013.
In 2019, Baguio Representative Marquez Go filed House Bill No. 1900, An Act Revising the Charter of the City of Baguio, before the House of Representative during the 18th Congress.
House Bill 8882, a substitute House Bill which was a product of the deliberation by the House Committee on Local Government on House Bill No. 1900, was approved on third reading in 2021.
Subsequently, the Senate committee conducted a joint committee hearing on both House Bills taking into consideration Senate Bill No. 2163 filed by Senator Imee Marcos.
It can be remembered that the Senate committee conducted technical working group (TWG) meetings in the city in June 2021.
The Baguio City Council led by Vice Mayor Faustino Olowan crafted certain recommendations on the provisions of Senate Bill No. 2163 and House Bill No. 8882. The city government submitted the council resolution containing the recommendations to the Technical Working Group.
In September 2021, the PLLO met via Zoom with Mayor Benjamin Magalong to discuss the senate bill.
Ballitoc said the meeting was crucial because Magalong was given the chance to put forward the city government’s proposed amendments to the bill. Pascual said some of these proposed amendments were considered by the Senate and the House Leadership.
The bill was ratified by the Senate and the House of Representatives respectively in December 2021.
**Jordan G. Habbiling
