SIGMA, CAPIZ- The Capiz Provincial Board dismissed the complaint filed by several individuals regarding the validity of Ordinance No. 05, series of 2024, also known as the “Ordinance Setting the Speed Limit for All Kinds of Vehicles within the Territorial Jurisdiction of the Municipality of Sigma, Capiz, and Providing Penalties for the Violations Thereof,” as well as the authority of the Public Order and Safety Unit (POSU) in making arrests of violators.
During the session of the Provincial Board, the joint committee report from the Committee on Transportation, Communication, and Public Utilities, and the Committee on Local Government, related to this issue, was presented.
In an interview with Bombo Radyo, 2nd District Board Member Aldwin Cruz-Am stated that the power of the Provincial Board as a legislative body is limited to reviewing the “validity” or “legality” of the ordinances passed, specifically whether they align with the constitution, national laws, or other existing policies.
He further shared that once a local ordinance is approved, it carries a “presumption of validity,” meaning any complaint regarding its implementation or “misapplication” does not fall under the jurisdiction of the Board.
As a result, the committees recommended terminating or dismissing the complaint due to a “lack of jurisdiction.”
This was immediately adopted, and Cruz-Am recommended the resolution be approved. His colleagues in the Board supported it, and it was approved via a “unanimous vote.”
It is worth noting that according to the complaints filed before the Board, the concerned individuals wanted the council to study the validity of the ordinance, which they believe to be flawed.
Meanwhile, in a press conference held the previous day, Sigma Mayor Dante Rizal Eslabon expressed that the ordinance is valid, and the Public Order and Safety Unit (POSU) has the authority to enforce it, despite not having a “deputation order” from the Land Transportation Office (LTO).
With a report from Bombo Sunnie Mae Batencila
