BACOLOD City Councilor Caesar Distrito said Wednesday, May 3 that he is planning to file criminal charges against Councilor Wilson Gamboa Jr. for using inappropriate words against him.
Distrito told reporters he is studying a legal option that will involve the filing of libel case against Gamboa.
Gamboa had earlier accused Distrito of “dishonesty, cheating, and stealing” ideas and achievements and grabbing credit from other people’s hard work.
The issue started after Distrito authored the “Revised Ordinance Regulating the Use and Sale of Electronic Cigarettes in Public Places, including Public Conveyances, Advertisements and Promotions of E-Cigarettes and Providing Penalties Thereof.”
The proposed ordinance, which Gamboa said originated from his own ordinance, was passed on second reading during the regular session on April 26.
“It can be done in debate by honorable people in the City Council, but not by the use of words such as thief, dishonesty, and steal,” Distrito said.
He said that he doesn’t want to stoop to Gamboa’s level as he admitted that he was hurt by his colleague’s statement.
Gamboa had earlier said that Distrito copied his ordinance approved on August 27, 2014, which is City Ordinance No. 08-14-684 Series of 2014, "An Ordinance Regulating the Use and Sale of Electronic Cigarettes and Providing Penalties Thereof."
He said the amendments done by Distrito did not result into a new version of the ordinance, but simply provided some amendments.
To call it his own ordinance is “pure and simple copying or stealing of other people’s work,” Gamboa said.
Distrito said he had repeatedly explained during their debates that it cannot be made as an amendatory ordinance because an amendatory ordinance can only be done if it has only one or two sections that need to be amended, but if it has substantial or numerous sections and topics to be amended, then it becomes a revision ordinance.
He said the Revised E-Cigarettes Regulation Ordinance has a substantial difference from the original ordinance, and there are around 10 new provisions on the proposed ordinance with two amended provisions, and three revised provisions.
The new provisions of the proposed ordinance include the use in public place where the use E-cigarettes indoors is prohibited, including places of worship, hospitals, government offices, among others, designation of vaping areas, advertisement restrictions, trust fund, minor offender, administrative penalties and community service.
Distrito explained that under Section 175 of Intellectual Property Code of the Philippines, the works of the government, laws, ordinances, debates, and deliberations in local legislative body are not covered.
“So what is his basis that I’m stealing his idea when in fact, the law states that laws and ordinances are not covered by the protection of the law?” he asked.
Distrito said that laws and ordinances are public records and it can be copied.
He added that if Gamboa wants to be the co-author of the proposed revised ordinance, there’s no problem with him.
Distrito said he will include the proposed revised ordinance in the regular session next week for third reading.
Vice Mayor El Cid Familiaran said he already asked Distrito and Gamboa to resolve their differences.
He said it’s a matter of interpretation in using the amendments and revisions of the ordinance.
Familiaran said that a heated argument ensued between Distrito and Gamboa during the last session.
