“When the interest of our city and its inhabitants are affected, the duty to enforce laws [is] always reserved [for] the local government and not government corporations operating within its jurisdiction.”
Thus, said city legal officer (CLO) Melchor Rabanes last week. Rabanes in a June 26 letter requested the Public Order and Safety Division (POSD) and the City Treasurer’s Office to investigate businesses within the Camp John Hay Special Economic Zone (CJHSEZ) that have failed to pay necessary regulatory fees and secure business permits from the city.
He said, “Businesses in Camp John Hay are subject to city government regulations. When there are disturbances within the CJHSEZ, it will still be our concerned departments that will run to the rescue.”
He added, “It is only fair that business proprietors must pay for the cost of regulation in exchange for a peaceful business environment secured for them by the city government.”
In his letter to POSD head Gregorio Deligero and treasurer Thelma Manois, he said, “The CLO intends to pursue prosecution of erring business establishments in line with the efforts of the city government to enforce compliance with Ordinance 2000-001 (the tax ordinance of the city).”
Sec. 1 of Ordinance 2000-001 provides, “For proper enforcement of existing laws and ordinances, and the supervision of businesses… [in the city], it shall be unlawful for any person to engage in such business… without first obtaining a business permit and paying the taxes, fees, and such other charges required therefore.”
Quoting Sec. 178 of the same ordinance, the CLO added, “Those who violate our tax ordinance shall be liable for fines amounting to P1,000 to P5,000 and/or imprisonment of not more than six months.”
“If the violation is committed by a corporation, the chair, president, or manager shall be held liable,” Rabanes said.
Earlier, Rabanes dispelled claims enterprises within CJHSEZ are not required business permits from the Baguio government.
In a legal opinion addressed to Manaois dated June 12, he said, “There are neither statutes nor case laws conferring the Bases Conversion Development Authority’s or John Hay Management Corporation’s (JHMC) police power to control, supervise and regulate businesses within CJHEZ.”
This is in reaction to a JHMC letter dated March 26, 2007 to Manaois wherein JHMC claimed businesses within the eco-zone were excused from the burden of local government taxes. |