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Tubigon Mayor told to stop collecting port fee
« on: January 23, 2010, 10:48:20 AM »
A trucking firm is asking Tubigon mayor Luna Piezas to stop collecting a port fee declared by a regional trial court as null and void.

The request was based on the Decision in Civil Case No. 7580 & 7581: Cebu Movers System, Inc./ Big Boy Trucking Corp. vs. Municipality of Tubigon et. al., for Declaration of the Nullity of Sec. 50.01 of the Municipal Revenue Code of 1996

In its Joint Decision, the Regional Trial Court (Branch 47) declared as NULL AND VOID, Section 5P.01 of the Tubigon Municipal Revenue Code of 1996 for being repugnant and contrary to the express provisions of Section 133 (e) of the Local Government Code.

The decision means that the Municipality of Tubigon can no longer continue imposing the assailed Municipal Service Fees, not just against petitioner Cebu Movers System and Big Boy Trucking Corporation, but against any port user.

In a letter to the Tubigon mayor, the firm’s counsel Atty. Joselito T. Lopez reminded the former that as a public officer who took an oath to obey the laws and duly constituted authorities, Mayor Piezas must have to follow the law, particularly the Local Government Code which imposes limitations on Municipality’s taxing power and to respect the majesty of the court’s decision declaring as null and void the Municipal Service fees.

“As the Chief Executive of your Municipality, you cannot abdicate your legal duty and pass the burden to the Municipal Council whose legal duty is only to enact ordinances,” the lawyer said.

The trucking firm aslo demanded: (a) Full compliance of the existing WRIT OF INJUNCTION issued by the court which prohibits the Municipality from imposing the municipal service fees. This will mean stoppage of the illegal and selective enforcement of the injunction and to stop collecting the illegal fees from ANY PORT USER; (b) Respect the court decision declaring as null and void Section 5P.01 of Tubigon Municipal Revenue Tax Code of 1996 so the case can be finally put to rest.

The STANDARD made all efforts to contact Mayor Piezas for his comments but failed until the paper went to press last night.


Linkback: https://tubagbohol.mikeligalig.com/index.php?topic=24723.0
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The Port of Tubigon

Started by Lorenzo on Tubigon, Bohol

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Last post September 07, 2010, 08:28:08 AM
by Lorenzo
 

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