The Sangguniang Panlalawigan (SP) Committee on Ways and Means, called on
Anda officials to stop the collection on the highway, described by tourists as
“highway robbery,” during a May 3, 2023 hearing of the controversial P30
environmental fee.
Chairman Nathaniel Binlod, who presided the committee hearing, appeared irritated
over the alleged stubborn stance of the Anda officials after having confirmation that
the collection is still going on at Barangay Ipo near the boundary of Guindulman town
where a checkpoint is put up for those entering Anda.
“It’s the Governor himself that asked you to stop collection on the highway and
transfer it to another location, but still the collection continues,” Binlod told Anda
officials.
Absent was mayor Angelina Simacio and Treasurer Pedro Castrodes despite
receiving the SP invitation. Vice mayor Nilo Bersabal and Municipal Accountant
Deloso together with councilors John Deligero and Mario Alonzo appeared in the
hearing.
Binlod continued narrating with disgust his personal experience when he went to
Anda to attend a marriage ceremony. At the boundary checkpoint, he had to wait,
being the sixth car on a long line of vehicles waiting to be questioned by designated
collectors.
“It is the inconvenience suffered by motorists being stopped and questioned where
they are going that is the conflict issue of your collection mode,” Binlod added.
Lawyer-first district board member Venzencio Arcamo also shared Binlod’s view on
the issue of impairing the free travel rights of every person.
“Even delivery van or any vehicle is stopped for this collection system on the
highway. This issue, could have been resolved even before reaching the level of the
Sangguniang Panlalawigan,” Arcamo said.
Arcamo confronted Anda councilor Mario Alonzo reminding him that in 2016, the
same collection ordinance was brought to SP attention.
“Do you remember? You were councilor during the term of mayor Angelina Simacio
in 2016. Now you have re-introduced the ordinance collecting fee on the highway,”
Arcamo told Anda councilor Alonzo.
Three municipal ordinances have been cited as bases for its implementation
throughout 2012 to present. SP Secretary Bonifacio Quirog, Jr. said the
Sangguniang Bayan of Anda passed the first ordinance regarding the matter in 2011
and amended it through another ordinance in 2012.
The 2012 ordinance changed the collection point to the entrance of resorts or at the
boundary of the barangays where they are located from what is designated in the
2011 ordinance which is sitio Ipo in barangay Candabong- -the entry point going to
the Municipality of Anda.
The Sangguniang Bayan of Anda passed another ordinance in 2016 reverting the
site of collection point to sitio Ipo in barangay Candabong.
In a Certification dated March 20, 2023, SP Secretary Quirog confirmed that the
controversial Anda Municipal Ordinance No 21-2020 has not yet been validated by
the Sangguniang Panlalawigan. The same is still pending at the Provincial Legal
Office.
Earlier, Quirog said the municipality of Anda could be vulnerable to repercussions in
case the ordinance gets disapproved by the SP.
Anda Councilor John Deligero insisted that Ordinance No 21- Series of 2020 is valid
under the presumption that ordinances under review at the Sangguniang
Panlalawigan is deemed approved after the lapse of 30 days.
Lawyer Reinerio Namocatcat of the Provincial Legal Office shared the same opinion
on the validity of the ordinance pursuant to the provision in the Local Government
Code of 1991 cited by Deligero.
“But only the Court can determine the invalidity of an ordinance and it is not within
the powers of the sanggunian to determine these questions of law,” Namocatcat
added.
Resort owners Anastacio Daniel Jr, Edil Tan and Felomina White who were invited
as resource persons failed to attend the Wednesday committee hearing.
A Letter from their counsel Atty. Mc Aldous Castanares informed the committee that
the same issue involving the controversial Anda Ordinance is pending at the
Regional Trial Court -Carmen. A Temporary Restraining Order and Issuance of a
Writ of Preliminary Injunction are pleaded in the Petition.
Lawyer Castanares was referring to the principle of “forum shopping” which is
prohibited under the rules of court and may jeopardized their filed petition at RTC
Carmen.
In concluding the hearing, Committee chairman Binlod categorically informed Anda
officials that his committee will render its report and will recommend the stoppage of
the collection at the highway.
“You did not heed the call of Governor Aris, but the SP will appeal again and it is up
to you if you stop or continue the collection,” Binlod warned.