BACOLOD City Councilor Wilson Gamboa Jr. has asked the Department of the Interior and Local Government (DILG) for clarification and legal opinion on the proposed revision of the E-Cigarette Ordinance of 2014.
In a privilege speech during the City Council’s regular session Thursday, May 11, Gamboa said he already sent a letter to the DILG for clarification and legal opinion on the proposed revision of the ordinance authored by Councilor Caesar Distrito.
He said that he is also reviewing all of Distrito’s previously passed ordinances of any possible intellectual dishonesty and misconduct.
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.
“I am not against the amendment or the revision of an ordinance. There is nothing illegal in ‘copying’ even provisions ‘verbatim or en toto’ of previously passed ordinance, I just want to place such in its proper context and right perspective based exactly on correct legal definitions and use, as to whether it is revision or a mere amendment,” Gamboa said.
He said amendment is where there are only one or two sections to be amended while revision is where there is substantial or numerous sections and topics to be amended as against the definition in the books.
“I encourage the City Council to resolve the issue first in defining what is an amendment and revision. If we allow this, my fellow councilors, he will continue to copy ideas and work of others by simply revising ordinances although an amendment is proper, and claim credit for it. We stop this now and put decency, integrity, and honesty to the Council,” Gamboa added.
Gamboa had earlier accused Distrito of “dishonesty, cheating, and stealing” of ideas and achievements and grabbing credit from other people’s hard work.
Distrito, who also delivered a privilege speech, said that under Section 175 and 176 of the Intellectual Property Code, it is very specific that there can be no protection of the copyright law or plagiarism when you talk about laws, ordinances, or debates.
“You cannot say that someone steals your idea, when it can be used by anyone else, much more by the body who enacted it,” he said.
“You have no basis in legal law and moral law to say the same. There are even instances in Congress, that one member introduced a bill, and another member later introduced an almost similar bill, but you cannot accuse the latter as stealing or copying, because this is lawmaking, and in lawmaking, it would be up to the body to decide whose version shall be approved,” Distrito added.
“All I consider is how it will be strengthened or how to add more teeth to this legislation. I never carried any interest except the interest of our constituents making sure that rights and privileges are respected,” he said.
“Most importantly, I did not steal anything from any person, particularly from you Mr. Gamboa,” Distrito added.
