A resolution requesting the House of Representatives and the Senate through Bacolod Rep. Anthony Golez Jr., to amend R.A. 7724, or “An act declaring October 19 or every year a special non-working holiday in the City of Bacolod”, changing the Charter Day celebration from October 19, to June 18 of every year, and to declare the same as public non-working holiday, was approved by the Bacolod Sangguniang Panlungsod Wednesday.

The resolution was authored by Councilor Em Legaspi-Ang and co-authored by Councilor Caesar Distrito.

It said that on June 18, 1938, President Manuel L. Quezon signed Commonwealth Act No. 326 which is the Act Creating the City of Bacolod;

The resolution said Article VIII, Section 54 of the law states that this Act (Commonwealth Act No. 326) shall take effect upon its approval.

Commonwealth Act No. 326 was approved and signed into law by President Manuel L. Quezon on June 18, 1938 converting the Municipality of Bacolod into a City, it said.

To conform with this historical fact, the date of the Charter Day of Bacolod City needs to be transferred from October 19 to June 18 of every year, the resolution said.

It said the celebration of the birth of Bacolod City on June 18 will give due recognition to the commemoration of an important event in the city’s history, and inculcate among its people the real essence of the Charter Day celebration.

The resolution said that commemorating every June 18 the creation of the City of Bacolod is a way of recognizing those who rightfully deserve the honor of taking the necessary steps in converting Bacolod into a City.

To give more honor and value to this important event in the history of Bacolod City, there is a need to declare such date as special non-working holiday, it said.

Mayor Evelio Leonardia issued Executive Order No. 05-A, Series of 2012 creating the Organizing Committee tasked to prepare and spearhead the week-long celebration starting from the 114th Independence Day celebration on June 12 leading to the 74th Charter Day celebration on June 18, 2012, the resolution also said.

The SP recently approved on third reading, an Ordinance commemorating every June 18 and every year thereafter as the date of signing into law of Commonwealth Act No. 326, and a resolution requesting President Benigno Aquino III to declare June 18, 2012 as a special non-working holiday, it said.

A copy of the resolution will be forwarded to the Rep. Feliciano Belmonte Speaker of the House of Representatives, and Senate President Juan Ponce Enrile.

Meanwhile, Distrito said “Bacolod Rep. Anthony Golez was, I think, in a state of legal delusion when he said that the Commonwealth Act 326 or the Charter of the City of Bacolod took effect only on October 19, and not on June 18 when it was signed into law.”

“UPON APPROVAL”

Distrito said the law is very specific, particularly in the effectivity clause which clearly states that “This law shall take effect upon its approval, and the approval was on June 18, 1938. It is basic and elementary in statutory construction that when the law is clear and unequivocal, it entertains no other interpretation.”

“He should first read the law and review his history before saying that I and Leonardia are constitutionally wrong and morally embarrassing, as he doesn’t understand what he was talking about,” Distrito said.

Distrito said the law is very specific that it will take effect upon signing, and, as it was signed on June 18, it is therefore the date of its effectivity, which should be the charter celebration of the city of Bacolod.

NO VIOLATION

He said there is no constitutional infirmity in this case as there is no violation of the law made, much more a violation of the constitution. How could it be morally embarrassing, when, in fact, he was the one who raised this simple local issue in the national scene, rather than have it discussed at the local level? He asked.

What happened in October 19 was only the inauguration of the city officials as a prerequisite in the organization of the city government, but the law creating the city of Bacolod already took effect on June 18. In fact, there could be no inauguration on October 19, if the Charter of the City of Bacolod had not yet taken effect, he said.

NO VIOLATION

Executive Order No. 15-A issued by the mayor did not in anyway violate Republic Act 7724, because transferring of celebrations for valid reasons is allowed, as long as there is no double celebration and double spending of government funds, Distrito said.

In fact, former President Gloria Macapagal Arroyo, whom Golez served at that time as her spokesman, also transferred not only the celebration but also public holidays near a weekend for the Holiday Economics policy, contrary to the various laws mandating such holidays including the Labor Code of the Philippines, and it was only in the latter part when Congress passed a law, he said.

NO AMENDMENT

Distrito said what E.O. 15-A of the mayor did was only to transfer the celebration, but did not in any way amend the law. Golez is twisting facts, since the EO did not provide an amendatory or repealing clause stating that it repeals RA 7726, because it cannot do so in the first place, he added.*CGS.

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