Nov 24, 2020

Council junks Babuyan ordinance on fishing ban

Committee on Legal Matters chairman city councilor Nesario G. Awat reported to the council the committee findings and recommendations on Barangay Ordinance No. 03 series of 2019 forwarded by Bgy. Babuyan secretary Gemelyn Favila.

Babuyan Marine Sacntuary watch house. Photo courtesy of Jarrod Lorenz Asignacion.

The City Council on Monday rejected Barangay Babuyan’s ordinance seeking to prohibit and penalize transient and non-resident fishermen to catch fish and other marine life from its fish sanctuary and the Twin Sand Bars.

Committee on Legal Matters chairman city councilor Nesario G. Awat reported to the council the committee findings and recommendations on Barangay Ordinance No. 03 series of 2019 forwarded by Bgy. Babuyan secretary Gemelyn Favila.

Awat said that the committee’s recommendation was made in the absence of the City Legal Office (CLO) during the deliberation pointing out that said barangay ordinance is “tantamount to class legislation”.

“When we deliberated, there was no representative from the CLO but the committee believes that based on the ordinance, it is clear that this is class legislation,” Awat said.

He explained that class legislation is a type that applies to certain persons or class of persons within a specified community which violates the rights and equal protection of the law.

“The ordinance itself prohibits transient and nonresidents. If we power such ordinance, it will be a prohibition to all. It is a fish sanctuary,” he said.

Majority floor leader city councilor Victor Oliveros moved to adopt Awat’s committee recommendation which the Council approved. A letter will be sent to Bgy. Babuyan captain and secretary to nullify the barangay ordinance subsequently approved in the barangay council.

As of press time, Palawan News has yet to receive a reaction from Bgy. Babuyan’s captain.

 

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