Under Article 2 of the New Civil Code of the Philippines, laws shall take effect after 15 days following the completion of their publication in the Official Gazette or in a newspaper of general circulation in the Philippines, unless it is otherwise provided.
As held by the Supreme Court in G.R. No 115068, to be a newspaper of general circulation, it is enough that “it is published for the dissemination of local news and general information; that it has a bona fide subscription list of paying subscribers; that it is published at regular intervals.”
Obviously, in the light of current available technology and changes in the people’s reading habits over the decades, one of the conditions for being a newspaper of general circulation is no longer applicable.
In this island province for example, while it has a few paying subscribers in the capital town, the Catanduanes Tribune’s 1,300 copies are mainly sold by newsboys and through seven major outlets in malls and stores.
The remainder goes to authorized distributors in eight of the other 10 towns, with San Miguel and Gigmoto being the exceptions for their being considered a small market.
Now on its 44th year of continuous weekly publication despite the occasional super typhoons, the Tribune is by definition a newspaper of general circulation.
In fact, it is the only weekly newspaper in Catanduanes that is accredited by Regional Trial Court to publish judicial and legal notices and other similar announcements from July 10, 2023 until July 9, 2028.
While the RTC did not bother to actually check that its weekly circulation is at least 1,000 copies pursuant to Administrative Matter No. 01-1-07-SC, the process of accreditation took more than a month and at least two court hearings on the supporting documents and Tribune copies.
Thus, the RTC accreditation is a much better gauge of a newspaper’s qualification as one with general circulation in the province than a mere Mayor’s Permit to Operate and DTI registration, something which any BAC should consider as a requirement.
So, it is strange that concerned Sangguniang Panlalawigan officials, with the acquiescence of the Bids and Awards Committee (BAC), has allegedly given the publication of Provincial Resolution No. 046-2024 to a newspaper other than the Tribune.
The April 24, 2024 opening of quotations for said publication was also attended by irregularities: the request for submission of price quotations/proposals was not posted in the PhilGEPS website; someone at the BAC office wanted the Tribune to return the price quotation form to the BAC as the publication had been given to the other paper; the opening of the envelopes was made in the absence of the Tribune representative, although he was there at the office; and a staffer later showed him an unsigned copy of the results showing the Tribune losing by less than P2,000 despite submitting a quotation 32 percent below the Approved Budget for the Contract.
Until this issue went to print, the concerned BAC officials have yet to reply to the Tribune’s request for information regarding the questionable procurement.
What is more concerning is that Provincial Resolution No. 046-2024 is not a run-of-the-mill ordinance that the public, particularly taxpayers, usually ignores.
Enacted by the SP on Feb. 5, 2024, the ordinance approved the Revised Schedule of Market Values for Real Properties in the Province of Catanduanes, which is the basis of the real property taxes paid by owners beginning every January.
Allowing its limited publication by a newspaper that does not even have a token presence in major news outlets and in the other 10 towns defeats the very nature of publication as an indispensable requirement to due process.
How will taxpayers, who pay for the salaries and benefits of our honorable local officials including members of the Sangguniang Panlalawigan and their staff, be able to learn that commercial lots in Virac’s business district would now be assessed at P10,000.00 per square meter, compared to the previous P3,000?
As held by the Supreme Court, the people cannot be expected to follow a law of which they have not been informed.
Is the provincial board trying to hide something, or is it just making sure that taxpayers and their families of voters would forget the higher “amilyar” by 2025 when Capitol officials seek reelection?