Bacolod Councilor Catalino Alisbo yesterday defended City Ordinance No. 460 that was vetoed by the mayor, and said it is valid, legal and not ultra vires.

C.O. 460, an ordinance requiring all vertical and horizontal contractors, either funded by the government or private funds, to hire at least 20 percent of their workforce from the barangay where their constructions are situated, was vetoed by Mayor Evelio Leonardia on the ground that it was ultra vires.

In his letter dated April 15, Leonardia said that the power sought to be exercised in the ordinance was expressly and clearly included in the scope of taxing powers granted to the barangay under the Local Government Code. Thus, C.O. 460 is beyond the authority of the city to enact, he said.

To require contractors to hire at least 20 percent of their workforce from the barangay where their construction are situated is violative of the freedom to contract of an individual, he added.

The Bacolod Sangguniang Panlungsod yesterday deferred action on the letter of the mayor until they could secure a copy of the Presidential Decree involving the hiring of workforce in the barangay.

In his privilege speech before the SP, Alisbo said C.O. 460, which is a pro-labor ordinance, is not a perfect ordinance but has been complied with the seven requirements for it to be valid.

He said a similar ordinance was passed by the City of Parañaque and was even hailed by many sectors of society.

Alisbo claimed that C.O. 460 was vetoed by the chief executive upon the complaint of a former city official who is an architect-contractor.  It was passed by seven councilors and only need three more votes to override the veto of the mayor, he said.

“Let it be understood that my action in requesting you to override the veto of the mayor is not a political sarsuela,” he said, adding that he understands the predicament of the chief executive, who cannot refuse the request of a former colleague and a very influential contractor who lobbied for the veto of the ordinance, and at the same time reject the recommendation of the City Legal Officer.*CGS

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