Author of law against binge drinking in public places says Oro police got it wrong

By LITO RULONA
and NITZ ARANCON
Correspondents .

THE author of the city ordinance being used by the Cagayan de Oro City Police Office in its so-called “anti-tambay” crackdown on Monday decried what he said was the misuse of the city law for a campaign he called as “anti-poor.”

Councilor Ian Mark Nacaya sharply criticized the local police over the way it has been enforcing City Ordinance 5133-95 in the city since Thursday.

“Wala man mag-ingon ang ordinance nga dakpon ang tambay,” said Nacaya.

The city council’s police and public safety committee has summoned city police director Senior Supt. Nelson Aganon to a meeting today so he could answer questions about the implementation of the “anti-tambay” campaign in the city.

The committee’s chairman, Councilor  Romeo Calizo, said he received at least 10 complaints about the enforcement of City Ordinance 5133 since late last week.

“Dunay usa nga nag-text sa ako ug ang kasagaran gyud, nanawag ug nageklamo,” Calizo told reporters.

Councilor Nacaya said Cocpo failed to build strong cases against the people they arrested because the way they enforced it defeated the intention of the city ordinance.

The 1995 ordinance, which prohibits binge drinking in specified public plazas, parks, roads, alleys and sidewalks, was authored by Nacaya when he was still the city’s Sangguniang Kabataan Federation represetative to the city council. Nacaya said it was approved by the city council following consultations with youth sector representatives in the city’s 80 barangays.

“We passed the law against drinking of liquor, beer and other intoxicating drinks on alleys, sidewalks, parks and public plazas. Streets are for public use, and are not to be dominated by those who are into drinking sprees,” he said.

But the police, according to Nacaya, took President Duterte’s pronouncements on the “tambay” out of context and misinterpreted the ordinance he authored.

He pointed out that in the city, there are big families who live in very small houses. A family of five, he said, could be living in a house with a living area of only five to 10 square meters.

“Dakpon lugar ka kay migawas ka sa balay kay nag-inum ka dalan? Ayaw pud. That was never the intention of the ordinance. It was never the intention of the author. Dili sab kini angayan gamiton sa atong kapolisan,” Nacaya said.

Councilor Teodulfo Lao Jr. said the police need to know their limits and the boundary lines.

“Dili ko supak sa anti-tambay operation pero mas maayo nga masusi kini sa committee on police para nga ma-identify asa gyud ang public ug private places,” said Lao even as he pointed out that there were reports that the police arrested people outdoors within the premises of convenience stores and gas stations.

Councilor George Goking said he also received complaints from commercial establishments. He said his committee on trade and commerce would meet with representatives of establishments affected by the police campaign.

Councilor Reuben Daba said there was a need for city hall to be come up with implementing  rules and regulations for the Nacaya ordinance before it is strictly implemented.