28/02/2016
from Business World Online correpondent, Carmencita A. Carillo :
Duterte
Duterte vetoes use plan
DAVAO CITY — Mayor Rodrigo R. Duterte has vetoed an ordinance removing the 10% green space requirement in horizontal residential projects inIn a Veto Message dated Feb. 19 and released yesterday, Mr. Duterte said the council’s amendment of the Comprehensive Land Use Plan was “vague and ambiguous, prejudicial to public interest, and an exercise of legislative power in ultra vires.”
Mr. Duterte said while the city council is empowered under Republic Act 7160 or the Local Government Code to enact an ordinance, the council may review and amend an enacted ordinance only when the “general welfare of the public is at stake”.The 10% green space stipulated in the city’s zoning ordinance is on top of the 30% open space required under Presidential Decree 1216, which is defined as an area “reserved exclusively for parks, playgrounds, recreational uses, schools, roads, places of worship, hospitals, health centers, barangay centers, and other similar facilities and amenities.”Councilor Bernard E. Al-ag, chairman of the committee on rules, privileges, laws and ordinances, yesterday said they have yet to receive a copy of the veto, but once they do: “We will study it and convene the council to determine our next move. We have the option to accept the veto or to override it.”The 27-member city council will need a two-thirds vote, or 18 of its members, to override the mayor’s action.
Councilor Ma. Belen S. Acosta, the only councilor who opposed the amendment, welcomed the veto and stressed the need for “a calm and participative and intelligent democratic process.”
Vice-Mayor Paolo Z. Duterte, the council chair, lashed out at Ms. Acosta during the Tuesday council session last week for allegedly encouraging the multi-sectoral group that opposes the removal of the green space provision.
Meanwhile, the group — composed of representatives from the academe, nongovernment organizations, and other civil society groups — said it is ready to “exhaust all remedies”, including filing charges against the council for allegedly passing the amendment without proper consultation.
At least 43 organizations, including Ban Toxics, Ateneo de Davao University-Ecoteneo, Mindanao Land Foundations, Gabriela, Green Davao Coalition, and Interface Development Interventions (IDIS) signed the petition opposing the council’s amendment of the zoning ordinance.
Mary Ann Fuertes, IDIS executive director, commended the mayor for the veto and said they are prepared to make their case should the council override it.
“We hope we will not reach that point,” said Ms. Fuertes.
(Feb. 28, 2016)
