Baguio council to OMB: Comply with license rules
>> Wednesday, August 11, 2021
BAGUIO CITY -- – City
officials urged the Optical Media Board (OMB) to comply with Section 14 of
Republic Act 9239, known as the Optical Media Act of 2003, granting a license
that shall be valid for a period of three years.
Under Resolution No. 368, series of 2021, signed by Mayor Benjamin B. Magalong, local legislators said annual issuance of a license is burdensome to businesses considering submission and processing of all documents is done at the OMB central office in Metro Manila.
The council urged lawmakers to inform the OMB on enforcement of the law in the city.
Earlier, OMB officials informed the city council during regular session that licenses issued by OMB for Baguio businesses are valid for a period of one year.
Section 14 of RA 9239 provides validity of OMB license as valid for three years.
The said provision added that every license shall be in a form prescribed by the OMB and shall be valid for a period of three years subject to conditions as the OMB may impose.
The OMB may amend or renew a license upon application made by the licensee pursuant to the said law.
According to OMB officials, a memorandum circular was enacted during the time of chairman of Eduardo Manzano in 2006 and that the justice department gave an opinion the 3-year license period is not mandatory.
Since OMB is the regulating agency, the said memorandum made it for one year so that the establishments being regulated may be regulated more properly since there is a need to renew every year.
OMB officials said the memorandum was consistent with section 10 of the law which bestowed powers and functions to the OMB to enact rules as long as there was approval of the board and such went through proper proceedings through the board to approve the 1 year license requirements.
However, the council argued that it is a basic rule in statutory construction that the board created by law can only exercise the powers explicitly stated in the said law.
Businesses in the city sought the assistance of the City Council to make the appropriate representation with the OMB to strictly adhere to the provisions of the OMB law that provided that the validity period of the licenses being issued by the same is 3 years and for the OMB not to insist on the 1-year period being currently being imposed by the same for businesses doing business with the regulatory agency.
The concerned businesses said the 1-year validity period being imposed by the OMB for them to renew such licenses was impractical, expensive and unenforceable because it will just entail added cost on their part which is no longer feasible with heavy impact of Covid-19 pandemic on business. - Dexter A. See
Under Resolution No. 368, series of 2021, signed by Mayor Benjamin B. Magalong, local legislators said annual issuance of a license is burdensome to businesses considering submission and processing of all documents is done at the OMB central office in Metro Manila.
The council urged lawmakers to inform the OMB on enforcement of the law in the city.
Earlier, OMB officials informed the city council during regular session that licenses issued by OMB for Baguio businesses are valid for a period of one year.
Section 14 of RA 9239 provides validity of OMB license as valid for three years.
The said provision added that every license shall be in a form prescribed by the OMB and shall be valid for a period of three years subject to conditions as the OMB may impose.
The OMB may amend or renew a license upon application made by the licensee pursuant to the said law.
According to OMB officials, a memorandum circular was enacted during the time of chairman of Eduardo Manzano in 2006 and that the justice department gave an opinion the 3-year license period is not mandatory.
Since OMB is the regulating agency, the said memorandum made it for one year so that the establishments being regulated may be regulated more properly since there is a need to renew every year.
OMB officials said the memorandum was consistent with section 10 of the law which bestowed powers and functions to the OMB to enact rules as long as there was approval of the board and such went through proper proceedings through the board to approve the 1 year license requirements.
However, the council argued that it is a basic rule in statutory construction that the board created by law can only exercise the powers explicitly stated in the said law.
Businesses in the city sought the assistance of the City Council to make the appropriate representation with the OMB to strictly adhere to the provisions of the OMB law that provided that the validity period of the licenses being issued by the same is 3 years and for the OMB not to insist on the 1-year period being currently being imposed by the same for businesses doing business with the regulatory agency.
The concerned businesses said the 1-year validity period being imposed by the OMB for them to renew such licenses was impractical, expensive and unenforceable because it will just entail added cost on their part which is no longer feasible with heavy impact of Covid-19 pandemic on business. - Dexter A. See
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