The Baguio City Council is seeking the City Treasury Office (CTO) to temporarily cease collecting rentals or environmental use of area fees from Wright Park stall owners, questioning the legality of these fees.
According to the City Council, the fee, amounting to P150 per square meter per month, did not pass through the City Council nor gain its approval, rendering these fees illegitimate.
The fees purportedly originate from two different resolutions from the Baguio City Market Authority (BCMA), but City Council records show no indication of its ratification of these resolutions, which typically precedes their implementation.
City Treasurer Alex Cabarrubias, however, stated that the current collection is based on an agreement between the City Environment and Parks Management Office (CEPMO) and the concessionaires. Nevertheless, the Councilors cited that a Wright Park concessionaire was charged nearly P245,000 pesos supposedly stemming from a 2018 contract. This concessionaire however claimed she never signed such a contract with the CEPMO, and the levying of fees only commenced this year.
Additionally, the City Councilors referenced Section 132 of the Local Government Code, which outlines the local government’s authority to implement taxes and fees. They emphasized that without council ratification or inclusion in a duly-approved and implemented ordinance, there is insufficient legal basis for levying these fees.
Due to the lack of any legal basis to justify such collections, the council urged the City Treasurer’s Office to halt all collections, penalties, and interest until a legal basis is established.
