CITY COUNCIL ACCEPTS VETO

By ARMANDO B. FENEQUITO JR.
The Davao City Council has accepted the veto of Mayor Rodrigo R. Duterte on the amendment of the city’s Comprehensive Land Use Plan (CLUP) removing the additional 10 percent area for green spaces in subdivision development projects.
During suspended rules in yesterdays regular session, the Council approved the resolution “accepting the veto of the city mayor over ordinance no.0487-2016 series of 2016, entitled an ordinance amending section 13, article 9  of ordinance no.0546-2013.”
Councilor Bernard Al-ag, proponent of the resolution, said after careful study of Duterte’s veto message, the City Council “acceded to the wisdom of the local chief executive and to points raised.”
“It is imperative that the acceptance of the veto be made on record so that there will finally be closure on this matter,” Al-ag said in the resolution.
In the resolution, Al-ag stated the points Duterte had made in his three-page veto message dated February 19, 2016.
The mayor had said the veto on the amendment was made because it is “vague and ambiguous, prejudicial to public interest, and an exercise of legislative power in ultra vires (beyond its powers).”
Duterte said it is “not clear whether, in the development of the green spaces, this shall be done within the allotted open space of the proponent, set back areas of home lots sidewalk strips… or whether these set back areas of home lots or sidewalk strips… are all located within the proponent’s allotted open space.”
The mayor said the amendment is prejudicial to public interest and is an exercise of legislative power in ultra vires (beyond the Council’s power) because of the implied mandatory requirement for homeowners to turn over their green spaces to the homeowners’ association for proper maintenance.
He said there is an unwarranted burden of maintaining the green space passed on to the homeowners’ association which exceeds the requirement of Presidential Decree No. 1216 defining “open space” in residential subdivisions and amending section 31 of Presidential Decree no. 957 requiring subdivision owners to provide roads, alleys, sidewalks, and reserve open space for parks or recreational use.
Under PD 1216, only parks and playgrounds of the entire open space may be donated to the homeowners’ associations. Questions may arise on who should shoulder the damages, if there are any, which may result from the negligence in the maintenance of green spaces.
The mayor said the amended measure unnecessarily makes the city government liable for the damages that may arise from the negligence of homeowners associations or their representatives.
The Green Coalition of Davao City lauded the acceptance of the City Council.
In an interview yesterday, Interface Development Interventions, Inc. (IDIS) advocacy coordinator Chinkie Pelino said the group thanked the councilors for respecting the decision of Duterte retaining the 10 percent green space in the subdivision developments.
The groups were present yesterday during the regular session waiting for the approval of the resolution to be approved.
The groups also gave flowers with green ribbons to the councilors as their peace offering.
“Dili man gud namo gusto na awayon ang mga councilors kay pareho lang man ta Dabawenyos (We do not want to fight the councilors because we are all Dabawenyos),” Pelino said.