VOL. 8 ISSUE 237 • TUESDAY, FEBRUARY 23, 2016
P 15.00 • 20 PAGES
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EDGEDAVAO Serving a seamless society
RONDA-SERYE. Senator Alan Peter Cayetano, running mate of presidential candidate Davao City Mayor Rodrigo R. Duterte, listens to the problems and concerns of the Matina Aplaya Fisherfolk Association (MAFA) during a “Ronda-serye” in Barangay 75-A Dumalag 2, Matina Aplaya on Sunday. Lean Daval Jr.
VETOED
Duterte rejects City Councils’amendment to CLUP EDGEDAVAO Sports
By ARMANDO B. FENEQUITO JR.
D
abf@edgedavao.net
AVAO City Mayor Rodrigo R. Duterte has vetoed the amendment made by the City Council to the city’s Comprehensive Land Use Plan (CLUP) removing the additional 10 percent area for green spaces in any subdivision development. In a three-page Veto Message dated February 19, 2016 but released by the City Mayor’s Office yesterday (February 22, 2016), Duterte said he was vetoing the amendment because it is “vague and ambiguous, prejudicial to public
interest, and an exercise of legislative power in ultra vires (beyond its powers).” He said while the City Council may review and amend its own enacted ordinances when the general welfare of the public is at stake, he was “particularly disturbed with the legal issues (and) dilemma resulting from the amendment.” Duterte said the amended ordinance is vague and ambiguous because it is “not clear whether, in the development of the green spaces, this shall
be done within the allotted open space of the proponent, set back areas of home lots sidewalk strips… or whether these set back areas of home lots or sidewalk strips… are all located within the proponent’s allotted open space.” He also pointed to the provision in the amended ordinance that the green spaces that homeowners create in their own homes “shall by eventually turned over to the homeowners’ association for proper maintenance.” The mayor said this is
prejudicial to public interest and is an exercise of legislative power in ultra vires (beyond the Council’s power) as manifested “by the use of modal verb ‘shall,’ connoting a mandatory requirement for the turnover of these green spaces to the homeowners’ association for proper maintenance.” Duterte also said there is now the unwarranted burden of maintaining of the green space passed on to the homeowners association which
FVETOED, 10
Escandor sizzles with 45 for EsdevcoGenesis P16