Gamboa, Distrito clash over changes to E-Cig ordinance

Posted by watchmen
May 11, 2017
Posted in TOP STORIES

By Dominique Gabriel G. Bañaga

Two members of the Bacolod Sangguniang Panlungsod locked horns yesterday over proposed revisions of the E-Cigarette Ordinance passed in 2014.
Councilors Wilson Gamboa Jr. and Caesar Distrito, who had previously engaged in a word war over the media, each delivered privilege speeches in the regular session.
Gamboa, who was first to take the rostrum, reiterated to the council his statement describing Distrito, who proposed the revisions, as “dishonest, cheating and stealing from other people’s ideas and achievements, and taking and grabbing credit from other people’s hard work.”
He added, he personally requested and manifested deferment of discussions because he will be on official leave on April 26, 2017. “This means that discussion will commence when I get back,” he said.
Despite the request, manifestation and expression of sentiments, Distrito as majority floor leader continued to include his proposed ordinance on April 26 during the Sangguniang Panlungsod (SP) regular session, Gamboa cited, who at that time was on “official leave.”
He emphasized on his speech that the main issue, whom Gamboa considered as “main legal issue,” is whether or not Distrito’s proposed changes would constitute a revision or just a mere amendment to the original ordinance.
Nevertheless, Gamboa emphasized that he is not against the amendment or the revision of an ordinance.
“There is nothing illegal in ‘copying’ provisions… I just want to place such in its proper context and right perspective based exactly on correct legal definitions and use, as to whether it is revision or amendment,” Gamboa explained.
Gamboa said he wrote to the Department of the Interior and Local Government (DILG) for clarification and legal opinion on May 10, adding he has started a review of Distrito’s authored ordinances for any possible intellectual dishonesty and misconducts.
Distrito, meanwhile, said he is defending his honor while accusing Gamboa of disrespecting SP traditions.
Distrito said when he introduced his proposed ordinance, he had discussed it with Gamboa.
“When he started lambasting me, using unparliamentary words, I did not respond in order not to fuel the fire as they say, but also in due consideration with the request of the Presiding Officer that he was not feeling well. I just followed the parliamentary rules of moving to expunge from the record the words he used being unparliamentary,” Distrito added. “Who was therefore disrespectful among the two of us?”
Distrito also cited the Intellectual Property Code explaining there can be no protection of the copyright law or plagiarism when you talk about laws, ordinances or debates.
“This is lawmaking, and in lawmaking, it would be up to the body to decide whose version shall be approved,” he said.
He also said a member of a deliberative body has no vested right over a resolution or an ordinance once filed. It is now the property of the state, and this can be disposed of in accordance with the rules or procedures of the land.
Distrito explained to the city council that his proposed ordinance has 10 new provisions added, five provisions revised, and one deleted. “I can say that the ordinance therefore is a revision, and not just an ordinary amendatory ordinance,” he said.
Before Distrito ended his speech, he added he drafted and studied the ordinance without any ill intentions against any person, nor to any present and past members of the body./WDJ

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