Probe finds out Baguio market lease violations
>> Friday, March 31, 2023
By Jordan G.Habbiling
BAGUIO CITY – The city government has found out
violations lease of public market stalls here.
Long-standing issues on subleasing at the Baguio City Public Market were raised during the Baguio City Council’s regular session last March 20 in relation to allocation of stalls to victims of the fire that hit the city market night of March 11 until the wee hours of March 12.
City officials said subleasing is a practice that violates the city’s Market Code under tax ordinance 2000-01.
The Market Code stipulates that the leaseholder shall not lease the stall awarded to them.
This practice had long existed according to the results of investigations conducted by the city government.
During the session, members of the city council asked who between the leaseholder and the renter should occupy the temporary stall.
Answering the question, City Treasurer Alex Cabarrubias said both the leaseholder renting out the stall and the renter should be disqualified since both violated the Market Code.
Cabarrubias, however, asked the city council how to properly address this issue, considering application period for market amnesty already lapsed on April 1, 2022.
The amnesty program was enacted by the city council to end lease violations in the city market such as subleasing and selling of market stalls.
The amnesty program provides corrective remedies such as formally transferring the lease hold rights by the original leaseholder to the actual occupant upon the former’s issuance of waiver of rights.
The amnesty ordinance, however, states that if both parties fail to agree, the contract of lease shall be revoked or canceled and the stall shall be declared vacant; or the market supervisor may adjudicate on the case and award the stall to either party based on the results of the investigation.
Cabarrubias said they had advised actual occupants to submit an affidavit admitting they had been renting from a leaseholder.
The affidavits were merely noted but no further action was undertaken yet, he said.
“What now is the next step?” he asked the city council.
Councilor Isabelo Cosalan Jr. said there was a pending proposal to extend application period for the amnesty program in light of the fire incident.
Cabarrubias considered this as a positive move by the city council. Meanwhile, Councilor Peter Fianza said the priority at the moment is to restore the displaced vendors.
He suggested suspending any decision as to who between the leaseholder and the actual occupant has better rights over the stall.
“As of now, the intention is to simply allow the vendors who were there at the time of the fire to return. There should be no decision yet as to who will be awarded the stall because that process takes time.” Fianza explained.
Vice Mayor Faustino Olowan said this matter will be discussed further with the executive department.
In the same session, the city council passed a resolution urging the City Buildings and Architecture Office to employ the services of a structural engineer to inspect the “structural integrity of Block 4 Building at the public market to ensure the safety of vendors and the public.
Long-standing issues on subleasing at the Baguio City Public Market were raised during the Baguio City Council’s regular session last March 20 in relation to allocation of stalls to victims of the fire that hit the city market night of March 11 until the wee hours of March 12.
City officials said subleasing is a practice that violates the city’s Market Code under tax ordinance 2000-01.
The Market Code stipulates that the leaseholder shall not lease the stall awarded to them.
This practice had long existed according to the results of investigations conducted by the city government.
During the session, members of the city council asked who between the leaseholder and the renter should occupy the temporary stall.
Answering the question, City Treasurer Alex Cabarrubias said both the leaseholder renting out the stall and the renter should be disqualified since both violated the Market Code.
Cabarrubias, however, asked the city council how to properly address this issue, considering application period for market amnesty already lapsed on April 1, 2022.
The amnesty program was enacted by the city council to end lease violations in the city market such as subleasing and selling of market stalls.
The amnesty program provides corrective remedies such as formally transferring the lease hold rights by the original leaseholder to the actual occupant upon the former’s issuance of waiver of rights.
The amnesty ordinance, however, states that if both parties fail to agree, the contract of lease shall be revoked or canceled and the stall shall be declared vacant; or the market supervisor may adjudicate on the case and award the stall to either party based on the results of the investigation.
Cabarrubias said they had advised actual occupants to submit an affidavit admitting they had been renting from a leaseholder.
The affidavits were merely noted but no further action was undertaken yet, he said.
“What now is the next step?” he asked the city council.
Councilor Isabelo Cosalan Jr. said there was a pending proposal to extend application period for the amnesty program in light of the fire incident.
Cabarrubias considered this as a positive move by the city council. Meanwhile, Councilor Peter Fianza said the priority at the moment is to restore the displaced vendors.
He suggested suspending any decision as to who between the leaseholder and the actual occupant has better rights over the stall.
“As of now, the intention is to simply allow the vendors who were there at the time of the fire to return. There should be no decision yet as to who will be awarded the stall because that process takes time.” Fianza explained.
Vice Mayor Faustino Olowan said this matter will be discussed further with the executive department.
In the same session, the city council passed a resolution urging the City Buildings and Architecture Office to employ the services of a structural engineer to inspect the “structural integrity of Block 4 Building at the public market to ensure the safety of vendors and the public.
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