8/11/2019 Answer Letter Re Similar Measures Reyes and Castelo

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09 September 2013

ATTY. JOHN THOMAS S. ALFEROS III

City Government Assistant Dept. Head III

Office of the City Secretary

Dear Atty. Alferos III,

Greetings!

This is in reference to the 1stIndorsement coursed through the Office of the undersigned

dated 05 August 2013 regarding the similarity of the measures filed by Hon. Allan Benedict

Reyes and Hon. Melencio T. Castelo, Jr. It has come to my knowledge that both legislative

measures filed by said councilors pertain to the grant of exemption to senior citizens of

Quezon City from the provision of the Vehicular Volume Reduction Scheme (VVRS) thus

amending for the purpose Section 138 of Ordinance No. SP-1444, Series of 2004 otherwise

known as The Traffic Management Code of Quezon City. After deliberately going through

said ordinances, one can only come to the conclusion that indeed, they are similar in natureas well as objective.

Moreover, a letter coming from the Office of Councilor Reyes dated 03 September 2013

explained that he had already filed the said measure during the 18 thCity Council and the

same was just being re-filed on 04 August 2013. On the other hand, the measure of

Councilor Castelo, Jr. (PO19CC-025) had an earlier filing date upon the opening of the 19 th

City Council which was on 31 July 2013. We now therefore come to the resolution of the

main issue: Which of the two measures should prevail?

As the designated Majority Floor Leader of the City Council, I am aware that it is one of my

duties to decide either to consolidate or to archive measures containing a similar subjectmatter that has been filed earlier or ahead which is under consideration of the Sangguniang

Panlungsod. (Internal Rules of the 19thCity Council)

To resolve the above-mentioned controversy, may I now invite your honors attention to

the provision of Republic Act 8293 otherwise known as the Intellectual Property Code of

the Philippines. Chapter IV, Section 175 of the said Code pertaining to the Law on

Copyright states:

Chapter IV

Works not protected

Section 175.Unprotected Subject Matter.- Notwithstanding the provisions of Sections

172 and 173, no protection shall extend,under this law, to any idea, procedure, system

method or operation, concept, principle, discovery or mere data as such, even if they are

expressed, explained, illustrated or embodied in a work; news of the day and other

miscellaneous facts having the character of mere items of press information; or any official

text of a legislative, administrative or legal nature, as well as any official translation

thereof.(emphasis included)

8/11/2019 Answer Letter Re Similar Measures Reyes and Castelo

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Although the Civil Code and the Law on Copyright provide that works of original

intellectual creations are protected from the moment of their creation, the latter is

however explicit with regard to the exclusion of any official text of a legislative,

administrative or legal nature from the protection of the same. As a conclusion, we cannot

therefore grant exclusive use and preferential authority to any legislative measures filed by

any members of the Sanggunian just because they were being re-filed. Dura lex sed lex- Thelaw is harsh but it is the law.

Since Councilor Castelo, Jr. had an earlier filing date of the subject ordinance during the

opening of the 19thCity Council, the same should prevail. The measure of Councilor Reyes

is hereby ordered consolidated with PO19CC-025.

For your information and appropriate action.

Thank you very much.

Very truly yours,

ATTY. JESUS MANUEL C. SUNTAY

Majority Floor Leader, 19thCity Council

Quezon City