Dec. 12 ‘holiday’ questioned

By Jovi T. De Leon
Monday, December 12, 2011
CITY OF SAN FERNANDO — The Pampanga Chamber of Commerce and Industry Inc. (PamCham) has raised doubts as to the legality of the Capitol’s declaration of December 12 as a special non-working holiday.
Last December 9 at about 3:00 p.m., the Provincial Government issued Executive Order No. 20-LGP-2011 declaring yesterday (a Monday following December 11 which falls on a Sunday) as Pampanga Day, based on Malacañang’s Proclamation No. 2226 declared December 11, 1982.
However, PamCham vice chairman Rene Romero and president Jim Jimenez both said based on the group’s research, only the President or an “act of Congress” can “move holidays.”
“We were surprised by the declaration which we received at about 3:00 p.m. last Friday. Based on our research, we found out that only the President or an appropriate act of Congress can actually declare a special non-working holiday,” Romero said.
Jimenez, for his part, cited Republic Act No. 9492, otherwise known as “An act rationalizing the celebration of national holidays amending for the purpose section 26, chapter 7, book 1 of Executive Order No. 292, as amended, otherwise known as the administrative code of 1987.”
“Under section 26 of this Republic Act, it states that unless otherwise modified by law, and or proclamation, regular and nationwide special holidays shall be observed as specified on their dates. It also states that if the holiday falls on a Sunday, the holiday will be observed on the Monday that follows, provided that for such movable holidays, the President shall issue a proclamation at least six months prior to the holiday concerned, the specific date that shall be declared as a non-working holiday,” Jimenez pointed out.
Both business sector leaders said Capitol should have given them ample time to prepare for December 12 holiday.
The Provincial Government, however, stood firm on the legality of the Executive Order No. 20-LGP-2011, declaring December 12 as a special non-working holiday in the province of Pampanga, issued by Governor Lilia Pineda the other day.
The late President Ferdinand Marcos, through Proclamation No. 2226, declared December 11, 1982 and every year thereafter as special non-working holiday in the province of Pampanga.
In a press statement, the Provincial Government clarified that with the declaration of December 12, 2011 which falls on a Monday as a Special non-working holiday, it did not create a new public holiday.
Joel Mapiles, provincial information officer, said the concerned businessmen are entitled to their own opinion but they cannot question the legality of the Executive Order because it merely follows what Republic Act 9492 says. He explained that Republic Act 9492 provides that if the holiday falls on a Sunday, the holiday will be observed on the Monday that follows.
“We respect their opinion but in my point of view, it is only good for classroom discussion and education, as it will not affect the executive order issued by the governor,” he said.
This is contrary to the claim circulated through text messages by some business groups, saying that the December 12 non-working holiday declared by the Provincial Government is “controversial” and “unauthorized”.
Published in the Sun.Star Pampanga newspaper on December 13, 2011.
http://www.sunstar.com.ph/pampanga/local-news/2011/12/12/dec-12-holiday-questioned-195451

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