Repeal Ordinance No. 88

Published by the Visayan Daily Star Publications, Inc.

NINFA R. LEONARDIA Editor-in-Chief & President

CARLA P. GOMEZ Editor GUILLERMO TEJIDA III Desk Editor NANETTE L. GUADALQUIVER Busines Editor ERIC T. LORETIZO Sports Editor (On Leave) RENE GENOVE Bureau Chief, Dumaguete MAJA P. DELY Advertising Coordinator

CARLOS ANTONIO L. LEONARDIA Administrative Officer

Transport groups in Dumaguete City are calling for the junking of Ordinance No. 88, otherwise known as "An ordinance upgrading franchise fees and mayor's permit to drive fees for motorcabs-for-hire in Dumaguete City."

The rationale for the ordinance is that 70 percent of the revenues generated through it will be used for programs to improve the lot of those in the MCH (motorcabs for hire) sector, and provide office space at the public market for the use of the Dumaguete tricycle driver's multi-purpose cooperative and MCH associations, free of any charges.

It has, however, increased the fees they have to pay, such as franchise fee from P460 to P860 per unit per year; mayor's permit fee from P27 to P400 per unit per year; and renewal fee to P300 per unit per year.

The groups call the increases excessive, disproportionate, and oppressive, considering that the purpose of regulatory fees which may be imposed by the City Government in the exercise of its delegated police power is not to raise revenue, but to have minimal funds to cover the costs of licensing and inspection.

The ordinance virtually requires the persons paying the fees to contribute to a trust fund, which is violative of the Constitutional provision that no person shall be deprived of property without due process of law.

It is also believed that Ordinance No. 88, Section 5 is violative of the equal protection clause since contributors to the trust fund who are members of an MCH organization are given the preferred privilege to have their projects financed by money coming from the trust fund.

The questioned ordinance is also perceived to have a veiled scheme to compel people to become members of MCH associations.

Under Section 130 of the Local Government Code of 1991, the ordinance obviously cannot stand as a complete piece of legislation. It should therefore be declared invalid and unconstitutional by the City Council.*