Municipal income from fishing and fisheries; policy on deep-sea fishing

Title

Language

English

Source

I (10&11) October-November 1949

Year

1949

Subject

Fisheries – Madridejos (Cebu)

Municipal government -- Madridejos (Cebu)

Municipal revenue

Rights

In Copyright - Educational Use Permitted

Abstract

The Municipal Council of Madridejos, Cebu, seeks to divert to the Municipal Government the income or revenues that the Insular Government derives from fishing. In the Fisheries Law (Sec. 67-70), Municipal governments are authorized to issue licenses to qualified fishing operators using vessels of three tons or less, the National Government is particularly taking care of the protection and conservation of the fishery wealth of the nation and even for these alone, the National Government should be allowed to share in the revenue derived from fishing and fisheries.

Fulltext

sions of section 2233 of the Revised Administrative Code.-lst Ind., Oct. 24; 1947, of Sec. of Finance to Prnv. Boal"d of Cavite. MUNICIPAL PUBLIC WORKS, EXECUTION OF; WHEN SUBJECT TO BIDS.-Under the provisions of Section 1912 of the Revised Administrative Code, municipal public works can be executed by the municipal council concerned without the intervention of this Office. The District Engineer, however, acts in an advisory capacity to the municipal council and shall undertake the construction or repair of municipal public works upon request of the municipal council. Pursuant to Section 1919 of the Administrative Code, municipal public works involving an estimated expenditures of three thousand pesos or more shall be advertised for bids and contract therefor shall be awarded to the lowest responsible bidder. Inasmuch as the work contemplated in the attached Resolution No. 162, current series, of the Municipal Council of Pasay is a municipal project, this Office will interpose no objection to the request that it be 'done by the Municipalitv. It should be stated however that the· District Engineer will not be authorized by this Office to approve vouchers covering payments unless the work is to be done under his supervision.-2ml Ind., Feb. 17, 1947, of the Director of Public Works to the RFC. SCALE OF SALARIES FOR MUNICIPALITIES IN SPECIAL PROVINCES; BASIS OF SALARIES OF MUNICIPAL OFFICIALS IN CAPIT ALS.-With reference to your letter dated April 22, 1947, requesting information as to whether or not Section 2184 of the Administrative Code is applicable to the municipalities in the specially organized provinces, please be advised that our reply thereto is in the negative .. Said law is applicable only to the municipalities in the regularly organized provinces. However, the scale established therein may be the basis of fixing salaries in municipal capitals in the specially organized provinces pursuant to Section 2607 (t) of the Administrative Code. The corOCTOBER-!\'OVEMBER, 1949 responding .section of said Code that governs the municipalities, like Maluko, in the specially organized provinc;es is 2615. That municipality having been classified as fourth class and not being the capital of the province, the salary of the mayor thereof is fixed under Section 2615 (cl) of the Administrative Code at P600 per annum only. The salary of P960 per annum for said position as provided for in the budget and plantilla of personnel of that municipality and allegedly approved by the Provincial Treasurer cannot, therefore, be authorized.-Lette1· dated May 28, 1947, of. U11dersecretary of the Interior to ivlzmicipal Mayor of Maluko, Bukiduon. MUNICIPAL INCOME FR 0 M FISHING AND FISHERIES; POLICY ON DEEP-SEA FISHING. - Resolution No. 2, series of 1947, of'the Municipal Council of Madriclejos, Cebu, seeks to divert to the Municipal Government the income or revenue which the Insular Government derives from fishing and fisheries. The Fisheries Law (Act 4003 as amended) recognizes the dual authority and control by the National and the Municipal Governments over Philippine tishing and fisheries. In fact, Section 16 of Act 4003 classifies fisherie~· according to their government and disposition into Insular, Municipal and Reserve fisheries. The National Government charges a nominal license fee of P5.00 for "basnig" and "iwag" outfits. The actual revenue from fishing licenses accruing to.:the National Government from the operators of fishing boats using Maclridejos as their base of Fishing Operation is P217 annuall~·. It can thus be· seen that the income from this source of revenue is very nominal. This is so because the National Government is committed to the policy of promoting and developing the deep-sea fishing operations. The more deep-sea fishing operators are, the better for the National as well as for the Municipal Government as this would not only tend to exploit and develop the fishery resources of the nation but would also add more income to the latter entity, ,the Municipal Government. Under thJi provisions of the Fisheries Law (Sec. 67-70), Municipal Page 505 governments are authorized to issue licenses to qualified fishing operators using vessels of three tons or less. Other municipal fishery income may be derive! from the lease of bafigos fry grounds, municipal fishponds, fisherman's licenses, taxes on fishing gears, aside from the indirect revenue being derived from market fees and fish-drving establishments doing business in the municipality. In the execution of the Fisheries Law, the National Government is particularly taking care of the protection and conservation of the fishery wealth of the nation and even for these alone, the National Government should be allowed to share in the revenue derived from fishing and fisheries. In view of the foregoing, this Office cannot recommend favorable consideration of Resolution No. 2, series of 1947 of the Municipal Council of Madridejos, Province of Cebu.-2nd Ind., Feb. 28, 1947, of Undersecretary of Agriculture and Commerce to Sec. to the President. PROVINCIAL BOiARD NOT EMPOWERED TO REGULATE EXPORTATION OF LUMBER NOR TO IMPOSE FEE ON BUSIKESSES,-Resolution No. 145, current series, of the Provincial Board of Negros Occidental, provides for the collection of a permit fee of P5 for every 1000 board feet of lumber obtained from that province and exported to other provinces and for the apportionment of the proceeds thereof between the province (75'.c() and the municipality (25'.() where the lumber is loaded for export. Resolution No. 146, current series, of the same Provincial Board provides for the collection of a fee of P5 for every 1000 board feet of lumber mill or forest concessionaire, the proceeds to accrue to the province and the municipality where the factories are located on the basis of 60 '.~ and 40(/C, respectively. As the provincial governments are not vested wit}) the power to regulate the exportation from the province of lumber or any other article, and/or the power to impose a fee on businesses and occupations either for regulatory or revenue purposes, it is evident that the said resolutions are ultrn vires and, Page 506 therefore, null and void ab initio. In connection with Resolution No. 145, attention is invited to the fact that even the municipalities are prohibited under Section 2287 of the Revised Administrative Code to impose a tax in any form whatever upon goods and merchandise carried into the municipality, or out of the same. In view of the foreging, this Depart::nent will instruct the 1P~ovincial Treasurer of Negros Occidental to refrain from collecting the fees provided in the said resolutions.-3rd Ind., Nor. 11, 1946, of Undersecretary of Finance to Sec. of the Int. DESIGNATION OF PROVINCIAL BOARD MEMBER AS ACTING PROVINCIAL GOVERNOR-WHAT HE MAY CLAIM- .. it is desired to state that in accordance with the Provincial Circular (Unnumbered) dated August 20, 1947, of 'this Department on the subject: "Acting Governor in a specially organized province, Designation of", such designation should be without pay. However, l\'lr. Dacuycuy may collect the usual per diems as !Board Member for attendance at the sessions of the Pro,·incial Board. If .Memebr Dacuycuy is not a resident of the City of Darno, he may be reimbursed of his actual expenses for subsistence and lodging during his stay in the provincial capital in his capacity as aoting flrovincial Go._·ernor, at the rate not exceeding PS.00 a day during the period he actuall;1- actrd as such !Ac.ting Gowrnor of Davao, except on days when the !F~·ov:indal Board held sessions in which case, :Nlr. Dacuycuy ma:v be entitled only to his regular per diems as Board Member.From letter dcited July 18, 1949, of U11dersecretar11 of Intevior to Provincial Governor of Dai•ao. PERCENTAGE OF SALARIES ALLOW ABLE FOR FIFTH CLASS MUNICIPALITIES. - 'While sub-sec. ·:·ion (d) of Section 2614 of the Re\"ised Administrative Code divides the municipalities in the specially organized provinces into five classes, namely, 1st, 2nd, 3rd, 4th, and 5th, the same Code THE LOCAL GOVERNMENT REVIEW

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