Concepcion, Tarlac – The municipal ordinance closing down a “controversial” piggery farm is dead.
This was the interpretation on the statement of Vice Governor Carlito David, “as far as we (Sangguniang Panlalawigan – SP) are concerned, the case (Concepcion ordinance) is closed”.
However, the Sangguniang Bayan (SB) of Concepcion headed by Vice Mayor Danilo David and the complainant on the Concepcion Farm are set to file a case in court against the SP.
The issue about the Concepcion Farms, a large piggery, which, because of its nearness to the town proper and the foul smell it emits, was ordered to be closed by the SB after deliberations on the complaint of residents.
The SB issued Municipal Ordinance 001-17 which decreed the closing down of the piggery in Barangay San Jose located barely 500 meters from the town’s commercial district.
But when the ordinance was submitted to the provincial board for approval, the SP issued Resolution 024-2017 which declared the local law as Ultra Vires which may also mean “an illegal ordinance”.
The Supreme Court defines Ultra Vires as “an act beyond the jurisdiction of a municipality” which when applied to local legislation is “an ordinance of a local government unit (LGU) issued outside of their power or authority”.
Vice governor David, popularly called Casada, also said “the case is closed, we (SP) can no longer re-open the issue unless the SB submits to us another Ordinance (on the piggery)”.
Sought for comment, Vice Mayor Dan David said, “May mga naghain ng reklamo at ang kapakanan ng taong bayan ang aming sinasa-alang-alang kaya namin ginawa ang resolusyon (001-17). At ang may-ari nag-agree sa 7 years phase down”.
“Pare-pareho naming kaibigan ang may-ari ng piggery. Noon, payag na siyang (Concepcion Farm owner) ilipat ang piggery, pero ngayon mukhang nagbago na ang isip niya. Ayaw na yata niyang maglipat”, the vice mayor was quoted as saying earlier.
The vice mayor was apparently blaming Casada’s “ultra vires resolution” on the owner’s apparent “change of mind” to transfer the piggery.
Concepcion Farm is one among the biggest and oldest piggery in the province with more than 10,000 heads of pigs. It is located along the Concepcion-Lapaz highway and passers-by complain the “foul smell” emanating from the farm.
The SB ordinance, which declared the Concepcion Farm as “nuisance establishment” resulted from the complaint filed by John Calvin Sardia and several others.
Asked to comment, Sardia said, “the SP acted with grave abuse of discretion. Sa kasong ito talo at agrabyado ang taongbayan. Nguni ang batas ay hindi bulag at pipi, maaring ang mga taong nagpapatupad nito”.
Sardia described the Concepcion Farm as “nagtatapon tae ng baboy sa ilog, walang Zoning at sanitation clearance, walang business permit, hindi nagbabayad ng tamang buwis at mabaho 24 hours (a day) 7 days a week”.
“We can file an appeal (to) this ultra vires case to the Court of Appeals. File a separate civil action for abatement of nuisance in the Regional Trial Court, Writ of Kalikasan with the Supreme Court and file a torts case with the RTC”, added Sardia who is a law student.
During the interview with the vice mayor, Concepcion councilor Atty. Joey Baluyot, revealed that the SB have submitted a Position Paper and presented their arguments to the provincial board during a regular session of the SP.
“We have submitted to the SP our position paper and presented our side (against the declaration of Ultra Vires). Our next move is to go to court”, Baluyot said.
However, Casada denied that the SB submitted a position paper to the SP and categorically stated “in-invite namin sila (SB members to the SP session) pero hindi sila dumating”.
The owner of the piggery, Arthur Go remained unavailable for his comment.