Technicalities have prevented the Cebu City government from implementing its “No Plastic Bag Saturday Ordinance” almost one year after the local law was approved.
Councilor Gerardo Carillo wants the propriety of the City Council’s drafting and approval of the ordinance’s Implementing Rules and Regulations (IRR) reviewed by the committee on laws of the City Council.
He said that the passage of the IRR which mentions that the ordinance should take effect after Mayor Michael Rama affixes his signature may be contradicting the approved ordinance which states that the regulation should be implemented six months from its approval by the City Council.
Carillo said that as procedure, the Office of the Mayor is the implementing body of the approved ordinances so it should be the one to draft the IRR.
“Passing the IRR (of the No Plastic Saturday Ordinance) may set a precedent. The ordinance is a law and should be implemented. No IRR can amend a law,” he said.
The City Council approved the “No Plastic Saturday Ordinance” penned by then Councilor Edgar Labella and Councilor Nida Cabrera on December 2012. The ordinance was supposed to be up for implementation after six months.
It provides for the imposition of a P2,000-fine against violators during the first year of its implementation.
Fines will be increased to P5,000 and may be coupled with six months imprisonment or cancellation of the business permit during the second year of its implementation.
But the previous council, of which Carillo was not yet a part of, decided to pass an IRR that would serve to guide in the implementation of the ordinance that will prohibit commercial establishments and vendors from using plastic bags on Saturdays.
Carillo assumed office as a member of the City Council on July 1.
Cabrera moved for the final approval of the IRR in last Wednesday’s session but Carillo opposed it. “We will be contradicting ourselves,” Carillo said.
He told the council that passing an IRR should best be left to the executive department to do if necessary.
Carillo said that as for the “No Plastic Saturday Ordinance,” it lacked a provision which mentions the need to have an IRR. In lieu of an IRR, the executive and legislative departments could instead create an oversight committee that would oversee its implementation.