FACTS
The petitioner’s vessels docked at the public wharves of piers located
in the City of Cebu, the respondent. They were asked to pay wharf age charges,
pursuant to Ordinance No. 207 implemented by the said city. The petitioners
filed an action to have the Ordinance declared the void to refund the amount
collected, as the wharves, docks and other landing places, where the vessels
are situated, belong to the National Government. However, the respondent
contends that the legislature made no distinction between those owned by the
City of Cebu and the National Government. As such, both fall within the scope
of the power granted under Section 17 of the city’s charter, which states that
the Municipal Board shall have the power to fix the charges to be paid by all
watercrafts landing at or using public wharves, docks, levees, or landing
places.
ISSUE
Whether or not the content of
Section 17 of the City of Cebu’s charter provides that it has the power to fix
wharf age charges against the petitioners.
HELD
No. When the lawmaking body used the
term public wharves, etc, “in the context of Section 17, it meant to refer to
those owned by the City of Cebu. The power granted to the City of Cebu under,
Section 17 is limited to those belonging to the City of Cebu and not to those
owned by the National government.
Comments
Post a Comment