City Treasurer's Office to collect fines on anti-shirtless ordinance violators
City Councilor Jeffrey Ganzon
City Councilor Jeffrey Ganzon's proposal to give to the market associations the responsibility to collect penalties relative his proposed ordinance prohibiting shirtless individuals inside public markets was faced with strong objection by his colleagues in last week's regular session.
Councilors Jed Patrick Mabilog, Perla Zulueta and Majority Floor Leader Eduardo Peñaredondo blocked Ganzon's proposal saying such move has no legal basis.
During the second reading of his proposed ordinance, Ganzon wanted that the market vendors associations will take charge in collecting fines from violators and not the collectors assigned by the City Treasurer's Office in the different markets in the city.
Ganzon believes the measure would ensure that the collected fees will go directly to the associations which will eventually benefit them.
But Councilors Mabilog and Zulueta pointed that based on the law the collected revenues out of the fines imposed should go directly to the General Fund and not to the vendors' associations. They said only a portion of the collected fines can go to the association.
The Fundamental Principles of Local Taxation and Fiscal Matters as contained in the Local Government Code states that "the collection of local taxes, fees, charges and other imposition shall in no case be let to any private person and revenue collected through the provisions of the Code shall inure solely to the benefit of, and be subject to disposition by, the local government unit levying the tax, fee, charge or other imposition unless otherwise specifically provided by the Code."
Peñaredondo, on the other hand, cited that even if the fines are considered minimal it is still subject to auditing procedures. He said it is illegal for the collected fines and penalties to go directly to the association or private group.
He said it should be entrusted to the City Treasurers Office. And the recipient group should get the approval of the council through accreditation before they can receive their share from the revenues.
With the explanations of Mabilog, Zulueta and Peñaredondo, Ganzon humbly agreed with the trio to take necessary corrections on his proposed ordinance. He said he will make corrections before the third reading of the proposed ordinance.