PRIVILEGE SPEECH (May 23, 2017)

Coun. Mabel Sunga Acosta delivering her speech during the regular Council session last May 23, 2017 (Photo credit Team Acosta)

PRIVILEGE SPEECH

Councilor Mabel Sunga Acosta                                                           May 23, 2017

Madame President, Mr. Floor Leader, my colleagues in the Davao City Council, friends in media, fellow Davaoeños, ladies and gentlemen, good morning. Maayong buntag sa tanan. 

I stand here before you this morning, on a matter of personal and collective privilege, to update the body on a recent committee hearing conducted by the Committee on Rules, Privileges, Laws and Ordinances last May 17, 2017, wherein this representation sponsored items for consideration. 

As Chairperson on the Committee on Publications, I put my office to the task of going over ordinances that comprise the Code of Ordinances of Davao City, with the intent to update whatever local laws that were already published, and to include the more recent ones that were not yet included.  With the goal that, after our local ordinances have been updated, the Davao City Council may publish a revised Code of Ordinances. This is in keeping with the principle that the laws of the land be relevant to the times, and serve the best interest of the people. 

Recommendations:

1. To be rescinded 

1. Ordinance No. 156, Series of 1960 otherwise known as “An Ordinance to Ban and/or Prohibit the Use, Playing, Operation and Maintenance of Pinball Machines and other Similar Devices”;
2. Ordinance No. 1710-A Series of 1975 otherwise known as “An Ordinance Banning and/or Prohibiting the Operation of Jukeboxes within the City Public Markets and Providing Penalties for Violations thereof”.

REASON: Pinballs and Jukeboxes are not around anymore. They are things of the past. Retro gadgets of an era once renowned for its colorful culture.

          B.   To be updated

1.     Ordinance No. 212, Series of 1991, otherwise known as “An Ordinance Banning the Distribution of Bandera Magazine and other Papers, Magazines and other Printed Materials Displaying Obscene Pictures in the City of Davao”;

2.     Ordinance No. 568, Series of 1992, otherwise known as “An Ordinance Prohibiting the Selling of Immoral Doctrines, Obscene Publications and Exhibitions and the Showing of Indecent Shows and Pornographic Films and such other Films Disapproved for Public Exhibitions and Regulating Admission to Movie Houses”.

(NOTE: Both Ordinance 212 and 568 were suggested to be merged in one ordinance. Both ordinance have to be overhauled.)

3.     Ordinance No. 130, Series of 1989, otherwise known as “An Ordinance Prohibiting the Pasting of any kind of Propaganda Materials in the City Streets and in any Public Place in the City of Davao”.

4.     Ordinance No. 332, Series of 1968, otherwise known as “An Ordinance Prohibiting the Defacing, Scribbling and/or Writing on Walls of Public and Private Buildings and/or Fences Exposed to Public View”.

Provision concerned: penalties to be updated

    C.    Needs another Committee hearing to invite and consult the agencies concerned:

1.     Ordinance No. 095, Series of 2000, otherwise known as “Ordinance Requiring All Food Establishments such as but not limited to Restaurants, Canteens, Food Outlets, Hotels, Caterers, and Hospitals as well as Food Manufacturers or Processors to use only Iodized Salt”.

2.     Ordinance No. 086, Series of 2000, otherwise known as “An Ordinance Enacting the Red Tide Monitoring and Quarantine Ordinance of Davao City”.

3.     Ordinance No. 1329, Series of 1993, otherwise known as “An Ordinance Penalizing Recruiters, Pimps, Funhouses, Operators and Customers who Victimize Women to Commit a Life of Prostitution and other Lewd Activities”.

     D.   Ordinances which may have been repealed by recent ordinances:

1.     Ordinance No. 51, Series of 1989, otherwise known as “An Ordinance Regulating the Operation of Video Game Machines for Commercial Purposes in Davao City”.

(To determine if ordinance 51 is repealed. It will be compared to the present ordinance governing PISONET and INTERNET CAFES)

2.     Ordinance No. 195, Series of 1967, otherwise known as “An Ordinance Requiring all Movie or Cinema Houses and/or Theatres and Coliseums to provide the Public with Safe and Sanitary Drinking Water at all times during screening hours”.

3.     Ordinance 1457, Series of 1974, otherwise known as “An Ordinance Prohibiting the Loosening or Letting Astray of Dogs in the City of Davao, Providing for the Catching and Impounding the same, Collection of Fees for Impounding them and Providing Further for their Disposition when not Claimed within a certain period and providing for Penalty in case of Violation Thereof”.

There is this ordinance, however, that deserves a lot of attention and consideration, considering that it is an existing ordinance, yet grossly violated. 

This representation refers to Ordinance 092, Series of 2000, otherwise known as ‘An Ordinance Regulating the Construction, Repair, Renovation, Erection, Installation and Maintenance of Outdoor Advertising Materials and for Related Purposes” – “Signage Ordinance”. Both the Chair on the Committee on Rules and yours truly, expressed concern on the very lenient implementation of the said ordinance. Despite express provisions of Ordinance 092 prohibiting the construction or erection of billboards within a 200 meter radius from Generoso Bridge, Bolton Bridge, and Lasang Bridge, billboards were still erected near the said areas. It is evident that there are issues on the implementation of the said ordinance. One of purposes of the prohibition was to prevent the obstruction of view of MT. APO and SAMAL ISLAND.

What is our reality check? As I speak, and as we all witness each time we cross the three bridges, namely Governor Generoso Bridge, Also commonly known as Bankerohan Bridge, Bolton Bridge, and Lasang Bridge, giant billboards exist within the 200 meter radius of the bridges mentioned. Which begs the question, what happened to the implementation of this policy? Which government agency or agencies, allowed these structures to be built by these bridges? More importantly, if the legislative intent is to preserve the line of sight of the glorious cultural and historical natural landmarks such as the majestic Mount Apo and the Green Gem that is the Island Garden City of Samal, does it not follow, that the prohibition be not confined only to the line of sight coming from the bridges? What about the main public roads going towards the direction of Mt. Apo, for instance? Shall the people of Davao City, and all who traverse this direction, endure the sight of giant billboards that advertise commercial products, rather than see the natural wonder and magnificent grandeur of Mt. Apo? 

Madame President, some of our local laws need to be duly updated to be relevant for these times.  But this particular signage ordinance, which was enacted into law in 2000, needs to be revisited for the following reasons. 

First, the ordinance needs proper and strict implementation. 

Second, it's scope needs to be expanded, in keeping with the spirit of the law, which is to preserve the cultural and historical significance and importance of these two (2) natural landmarks, by keeping the line of sight clear and undisturbed.  What if it is not a giant billboard that obstructs the view of Mt. Apo, but a tower, or a building? If we are serious with the intent of the law, this ordinance needs a serious assessment. 

Third, stiffer penalties may be introduced, to give more teeth to the law, such as, but not limited to bigger fines, and or imprisonment, and perhaps an added community service to be rendered, as well. 

May I manifest this request, on record, Madame President, that the concerned government agencies which allowed this billboards to be erected within 200 meter radius of the bridge, be invited to attend the next committee hearing on this particular item, to hear their side regarding violations of the said signage ordinance. 

I am reminded of this beautiful poem by Joyce Kilmer, in reference to giving due importance, appreciation, respect, and recognition of God's magnificence through His creations. 

TREES by Joyce Kilmer

I think that I shall never see 

A poem lovely as a tree. 

A tree whose hungry mouth is prest 

Against the earth’s sweet flowing breast; 

A tree that looks at God all day, 

And lifts her leafy arms to pray; 

A tree that may in Summer wear 

A nest of robins in her hair; 

Upon whose bosom snow has lain; 

Who intimately lives with rain. 

Poems are made by fools like me, 

But only God can make a tree.

On this Instance, May I paraphrase, 'Laws, and monuments, and billboards, are made by fools like us, but only God can make a mountain.' 

Mount Apo rises 9,692 ft above sea level, the highest mountain in the Philippine Archipelago,  and straddles the boundaries of Davao City,  Davao del Surprovince,  and Cotabato province. It acts as a natural barrier and protects us Davaoeños, from the strong winds brought by typhoons. It has given us flora and fauna, food and water, etcera. It has given us many an inspiration, and respite from mundane concerns. It is highly revered by the indigenous tribes as Apo Sandawa. It's scientific, geological, geographic, economic, historical and cultural contribution to our lives remain relevant to this day. 

If we give importance to famous people by creating monuments, or salute the engineering prowess of humanity by creating mega structures, we ought to give more prominence and respect to natural landmarks such as Mount Apo, the impact of which, has been evident in our lives through many generations. Let not man-made structures like billboards and signages that encourage us to be consumers, blind us from the fact that there are things greater than ourselves. And that heritage, though intangible, is the one that lives forever; long after all the advertised products have been sold; long after all of us have passed on. 

Thank you Madame President. Daghang Salamat.