1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Republic of the Philippines PROVINCE OF ORIENTAL MINDORO Calapan City OFFICE OF THE VICE GOVERNOR/SANGGUNIANG PANLALAWIGAN JOURNAL OF THE 47th REGULAR SESSION OF THE SANGGUNIANG PANLALAWIGAN OF ORIENTAL MINDORO HELD AT THE SANGGUNIANG PANLALAWIGAN SESSION HALL, PROVINCIAL CAPITOL COMPLEX, CALAPAN CITY, ORIENTAL MINDORO ON THURSDAY, JUNE 2, 2011 Present: Hon. Perfecto M. Dela Rosa, Jr. Hon. Ramil O. Dimapilis Hon. Ryan Z. Arago Hon. Roberto L. Concepcion Hon. Flor M. De Roxas Hon. Corazon F. Agarap Hon. Abraham R. Abas Hon. Romeo G. Infantado Hon. Martin S. Buenaventura Hon. Gideon B. Abuel Hon. Alfredo R. Viaña Hon. Kernell M. Ortega Acting Vice-Governor, Presiding Officer Member Member Temporary Presiding Officer/Member Member Member Member Member Member Member/PCL President Member/ABC President Member/SKPF President Absent: Hon. Ferdinand Thomas M. Soller Member X---------------------------------------------------------------------------------------------------------------------------------X I. CALL TO ORDER The Honorable Presiding Officer Perfecto M. Dela Rosa, Jr., the Acting Vice- 33 Governor, called to order the 47th Regular Session of the 7th Sangguniang Panlalawigan of 34 Oriental Mindoro at 1:40 in the afternoon. The Honorable Gideon B. Abuel delivered the 35 following invocation: 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 “ALMIGHTY GOD, creator and sustainer of all that we have, thank you for being you and giving us your grace. Dear Lord, I trust your wisdom in placing our nation’s leaders and pray that Your will be done for our country. I also pray for local leaders of our beloved Province of Oriental Mindoro. I pray that we will bring you glory and joy in our submission to this new authority, that when the righteous are in authority, the people rejoice. Please guide our political leaders in the direction you would have them go. Remove temptation from their path and give them the will to stand up for what is important to you. Put a hedge of protection around every leader and their family. Bless them, Lord! Bless them with peace, prosperity and an inner confidence that you are in control. I also earnestly pray for your guidance and protection to all the leaders of our province, especially the leadership of the Acting ViceGovernor Patrick M. Dela Rosa, who is about to lead this Sanggunian. Grant this Sanggunian the discernment so that we will be able to tell the difference between the good and the evil; the rightful legislative action and wise decision that will benefit our constituents in general. Open our eyes and ears so that we can see and hear all that you want them to. You, who know our hearts and numbers the hairs of our heads, have known us before we were even born; show us the destiny that you wanted to pursue for our people. Thank you Lord, We give you all the praise and worship that you deserve and that’s all for it. We pray all these things in JESUS name, AMEN. 1 2 3 4 After the Invocation, the Honorable Gideon B. Abuel led the Members of the 5 Provincial Board in singing the National Anthem. 6 7 8 II. ROLL CALL 9 Upon the instruction of the Honorable Presiding Officer Perfecto M. Dela Rosa, Jr. the 10 Secretary to the Sangguniang Panlalawigan, Ms. Diwata H. Fetizanan, called the roll to 11 which the following Members responded: 12 13 14 15 16 17 18 Hon. Abraham R. Abas Hon. Corazon F. Agarap Hon. Martin S. Buenaventura Hon. Flor M. De Roxas Hon. Romeo G. Infantado Hon. Alfredo R. Viaña 19 With twelve (12) Members of the Board present, the Honorable Presiding Officer 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 Hon. Gideon B. Abuel Hon. Ryan Z. Arago Hon. Roberto L. Concepcion Hon. Ramil O. Dimapilis Hon. Gideon B. Abuel Hon. Kernell M. Ortega declared the presence of a quorum. III. PRIVILEGE HOUR/QUESTION HOUR At this juncture, the Honorable Presiding Officer relinquished his chair to Honorable Board Member Roberto L. Concepcion to render his privilege speech. Upon recognition of the Honorable Temporary Presiding Officer Roberto L. Concepcion, the Honorable Perfecto M. Dela Rosa, delivered the following speech: Hon. Presiding Officer; to Honorable Concepcion, as the Temporary Presiding Officer; to my Colleagues; and to my one and only friend and my kumpare - the Acting Governor, Vice-Governor Bonz Dolor; sa inyo pong lahat, isang magandang hapon po. Una sa lahat, binabati ko po muna ang ating mahal na Panginoon sa ibinibigay niyang buhay sa akin sa araw-araw at sa magandang kalusugan, kasama ang aking mga mahal sa buhay. Isang mapagpalang hapon muli sa inyong lahat na narito. Sa anim na buwan na pagkakawala ko ho sa Bayan ng Calapan at sa Lalawigan ng Oriental Mindoro, na-miss ko kayong lahat. Miss na miss ko kayong lahat, lalong-lalo na ang ating iginagalang na Acting Governor Bonz Dolor. At sa mga Calapeño/Mindoreño, ako po ay, una, humihingi po ng paumanhin kung ano man ang naidulot kong damage sa Lalawigan ng Oriental Mindoro. Ako po ay humihingi ng paumanhin sa inyong lahat. Pero mas nami-miss ko po ang aking mga kasama doon po sa loob. Sobra ko pong na-miss ang mga taong ito na nakasalamuha ko sa loob na aking pinanggalingan, na kung saan ay napalapit ako at nakilala ng husto ang ating Mahal na Panginoon. Sa aming ginaganap na pagro-rosaryo sa arawaraw, tuwing ala-sais ng hapon, sa loob ng aking pinanggalingan, doon ko po nakilala at nakita ang tunay na kaibigan, maging ang pangangailangan nila doon. Kaya naisipan ko, bago ako umalis, ay tugunan ang pangunahing pangangailangan ng mga inmates doon na naiwan sa loob. Ako po ay nagpagawa ng isang magandang chapel na sinasabi nga po ng warden doon na yoon ang aking legacy sa aking pinaggalingan. Doon ko rin po pinagdasal ang mga taong patuloy na nagtiwala, dumalaw sa akin na dala 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 ang kanilang tapat na suporta. Doon ay maraming bagay at kaalaman ang nadagdag sa aking isipan na lalong nagpasidhi sa aking damdamin na ibinuhos ang panahon at buong katapatan sa pagtulong ng tapat at walang hinihintay na kapalit. Marahil sa mga pagsubok na aking pinagdaanan, ito ay niloob ng Diyos upang maipadama niya sa ating lahat na pwedeng magbigay ng walang kalakip na pagmamahal o hindi pwedeng magmahal ng walang ibinibigay. Marahil ang malinis, makatao at makadiyos na ang hangarin ay matibay na pundasyon ng isang katulad kong public servant upang makabuo ng isang konkretong solusyon sa pangkasalukuyang hinaharap na problema ng ating lalawigan. Sa nararamdaman kong hinaing ng mga ordinaryong tao na nakasama ko ay nabuksan ang isipan na mas higit nilang kailangan ang aking pag-uunawa, pangalawa lamang ang materyal na bagay. At ang mga bagay na ito ay naibahagi ko sa kanilang lahat. Sa kabila ng maiksing panahon sa piling nila ay siya ring nais kong maipadama sa mga kababayan ko sa ating lalawigan. Ang aking krusada sa pagro-rosaryo ay siya rin nilang naging susi upang malaman ko ang pagiging bukas ng bawat isa. Ang katapatan ng bawat isa, katapatan ng salita ay maihahambing sa relasyong magkapatid sa dugo at pananampalataya. Sa mga naririto ngayon, sa king mga kasama sa serbisyo, sa nakakataas sa amin, ako po’y taus-pusong nagpapasalamat lalo na sa mga kababayan ko na naandun pa rin ang tiwala sa akin. Asahan nyo na ako’y nandito pa rin para ipagpatuloy ang ating pagsasama-sama at lalong paigtingin ang mga programang naantala dahil sa hindi inaasahang pangyayari. Samahan nyo akong muling harapin ang mga suliraning nagiging ugat ng masamang kaisipan na nagbibigay ng hindi magandang bunga sa masang Pilipino. Ang sampu ay higit na matibay kaysa dalawa. Sa aking pagtatapos, ako po’y humihiling ng isang bagay na alam kung ang pag-uunawa ay hindi ipagkakait ng taong marunong umunawa. Sa aking naging sitwasyon sa mga buwang nakalipas, sa posisyong ipinagkaloob nyo sa akin, sa aking mga obserbasyong ginawa ay nakita ko po ang malaking katulungan na manggagaling sa inyo. Sa aking krusada, ang global change, ang Libyan war, ang tsunami sa Japan, ang makapangyarihang buhawi sa America, ay napapanahon na ang ating pagkakaisa upang mapagtuunan natin ng pansin ang mga bagay na may kabuluhan na siyang nag-aakay sa akin tungo sa isang magandang bukas na siyang nais ng Diyos para sa akin na ang maging tagapagmana ay ang ating maiiwan. Bigyan natin sila ng pinakamainam na regalo na isang tahimik na lalawigan, may mabubuting loob na mamamayan, may takot sa Diyos, may sariling tahanan, lupang binubungkal kung saan doon itinatanim ang mga pangarap, trabaho at sapat na kita, at marurunong, may puso, iisa ang salita, tapat sa pangako at hindi naghihintay ng kapalit. Bago ko po tapusin, sinasabi ko po, ako ay taus-pusong nagpapasalamat sa aking kaibigan at kumpare na si Acting Governor Bonz Dolor, sa inyong pagdalaw sa akin. Hinding-hindi ko makakalimutan ang iyong ginawang pagsuporta. Sa mga kasamahan kong Bokal sa pangunguna ni Hon. Roberto Concepcion at ni Hon. Ferdinand Thomas Soller na dumadalaw sa akin. Sila po ang kauna-unahang pumunta sa aking hearing doon po sa korte. Kay Hon. Roberto Concepcion at kay Hon. Soller, maraming-maraming salamat. Pare, hindi-hindi ko makakalimutan ang ginawa mo sa akin. Kay Bokal Ryan Arago at Bokal Flor De Roxas, maraming salamat sa inyong pagdalaw sa akin. Alam ko na alam nyo na kailangangkailangan ko ang inyong suporta at dasal noong panahong iyon. Kay Pareng Butch Buenaventura, ilang beses kang bumalik sa akin doon. Napasaya mo ako. Bokal Buenaventura, hindi ko alam na ikaw pala’y may pagtingin sa akin. Sa ginawa mong pagmamahal sa akin at pag-aaruga doon, pare, may utang na loob ako sa iyo. Kay Bokal Cora Agarap, para sa akin ay isa kang ina na naiintindihan mo ang nangyayari sa iyong anak, kung bakit ako naandon sa loob. 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Sa iyong mga dasal at suporta hanggang sa ako’y mamatay, hindi kita makakalimutan. Sa Sangguniang Panlalawigan, sa aking mga staff, sa lahat ng inyong dasal, suporta at panalangin, maraming-maraming salamat. Maraming-maraming salamat. Kay Ms. Di, sa ating Secretary, na dumalaw sa akin pero hindi siya nakapasok dahil late siyang dumating at sarado na ang aming jail, bagkos ang iyong prutas ay nakarating sa akin at nakapasok. Maraming salamat sa iyong prutas. Sa ating iginagalang na Judge, kay Atty. Leynes, nagpapasalamat din ako sa pagdalaw nila. Sa aking kaibigan na si Claire, kay Konsehal Lauro Roldan ng Baco, kay Deo Villena ng Boy Scout of the Philippines, kay Orly Tizon ng Provincial Tourism Office, salamat. Salamat sa inyong pagdarasal at suporta. At ganun din, sa ating PD na si Anthony Alcañices na ako ay pinag-aksayahan din ng panahon na dalawin at tinatanong niya kung ano ang kanyang maitutulong. Ang sinabi ko sa kanya, “PD, ipagdasal mo na lang ako at maraming salamat sa iyo”. Sa aking mga kaibigang artista headed by Mr. Philip Salvador and Senior Board Member Christopher De Leon, na hindi rin po ako iniwan. Noong ako’y nasa loob dinalaw rin po ako at hindi nakalimutan. At doon po sa loob, sa ating iginagalang na Acting Governor Bonz Dolor, sa aking mga kasamahan dito, nakita ko rin po kung sino ang aking tunay na kaibigan. Doon mo pala malalaman kapag ikaw ay gipit, makikita mo ang iyong tunay na mga kaibigan. Maraming-maraming salamat sa inyong lahat at hinding-hindi ko ito makakalimutan saan man ako makarating. Akin pong ipapanalangin na lahat po kayo ay gabayan ng ating Panginoon at bigyan ng magandang kalusugan sa araw-araw. Sa mga barangay captains at kagawad, sa Deputy Regional Director Dennis Peña. Of course, kay Mayor Angie Casubuan ng Naujan, Mayor Dodjie Panaligan ng Pola na sumuporta rin po sa akin. At higit po sa lahat, ang aking pamilya. Ang aking nanay na alam ko pong naghirap. Malaki pong dusa ang nangyari po sa kanya. Ako po ay humihingi ng tawad sa aking butihing ina at sa aking mga kapatid na hindi ko po ginusto o niloob na mangyari po sa akin yon. Pero yoon po ay ibinigay po sa akin ng ating Mahal na Panginoon para po ako ay subukan at para po baguhin ang aking buhay. At sa nangyari po sa akin, ako po ay natuto. Doon ko po napag-aralan at napag-isipan na ang buhay pala ng tao ay isang pitik lamang. Na pwede Niyang bawiin sa ating lahat kung anumang mayroon ka. Pwede rin palang mawala. Ang akin pong unang napag-aralan doon sa loob ay ang magiing mapagpakumbaba o humility. Yoon po ang aking in-apply sa sarili ko, na dapat po pala na ke maliit, ke malaking tao, ke mahirap o mayaman, dapat po ay pantay-pantay ang tingin at dapat po ay may respeto tayo sa bawat isa. Sa ating Panginoon, Lord, I’m very thankful na ginawa mo sa akin yon. I know that everything that happened to me has a reason and I learned a lot from my mistakes. But this time, I’m a better and strong person. Panginoon, inaalay ko sa iyo ang aking buhay. Mabuhay po ang Calapeño. Mabuhay ang Mindoreño. Mabuhay ang Lalawigan ng Oriental Mindoro. Maraming salamat! 48 Presiding Officer, in behalf of the Members of the Provincial Board, officially welcome the 49 Honorable Perfecto M. Dela Rosa, Jr. who was on indefinite leave for quite a long time. Upon rendering his Speech, the Honorable Roberto L. Concepcion, Temporary 50 Likewise, the Honorable Romeo G. Infantado welcomed the Honorable Perfecto M. 51 Dela Rosa. He said that the Members of the Sangguniang Panlalawigan, together with the 52 Honorable Acting Governor Humerlito A. Dolor, would always be with him in his effort to 53 change himself for the better. In addition, he said that the Provincial Board will also be 54 supportive to him as the Acting Vice-Governor and Presiding Officer. 4 1 On his part, the Honorable Ramil O. Dimapilis said that while other Members of the 2 Provincial Board got no chance to visit the Honorable Perfecto M. Dela Rosa personally, 3 they offered prayers and asked God to keep him safe and to remain strong despite of the 4 said trials in life. He said that allowed those things to happen because He has a message 5 for him. In Filipino, he quoted a biblical verse from St. John (19:12), which according to him 6 says: “Dumulog ka sa aking paanan at ika’y magsisi at hindi mo ulitin pa ang mga 7 kasalanan at lilinisin kita ng kasing puti ng isang bulak”. He also said that if the Honorable 8 Perfecto M. Dela Rosa was sincere in asking people’s forgiveness due to what had 9 happened to him, surely they would listen and grant the same, as Filipinos are innately 10 forgiving being. He said that the Honorable Perfecto M. Dela Rosa still has ample time to 11 stand and to make a difference so as to regain the trust of the people. To end, he again 12 quoted a biblical story. He narrated what has happened to Mary, who was about to be 13 stoned to death for committing a sin. According to him, due to the intercession of the Lord 14 Jesus Christ, who said that those who have no sin cast the first stone, Mary was left 15 unharmed due to the fact all those persecutors were also sinners. 16 17 Rules were suspended at 2:10 in the afternoon to accommodate the presence of 18 the Honorable Acting Provincial Governor Humerlito A. Dolor relative to his request for the 19 confirmation of the 18th Batch of Scholars for School Year 2011-2012 under the Oriental 20 Mindoro Integrated Scholarship Program of the Provincial Government. As his advised, the 21 Honorable Acting Governor Humerlito A. Dolor emphasized the need for the new scholars 22 to abide the rules and regulations set by the provincial government to its scholars. He said 23 that those rules have been set not for any purpose but to assist and guide the scholars to 24 finish their studies. He also emphasized that they were not the scholars of the Honorable 25 Provincial Governor Alfonso V. Umali, Jr., neither he nor the Members of the Sangguniang 26 Panlalawigan, nor anybody else but the Provincial Government of Oriental Mindoro. And, 27 as scholars of the Provincial Government, it was the people’s money that is being used to 28 pay for their expenses and, as such they have the obligation to the people of Oriental 29 Mindoro to prove that they are worthy to be granted with such privilege. Likewise, the 30 Honorable Acting Governor stressed that, as provincial government scholars, they have the 31 obligations to render community service. As an advice, he said that upon their successful 32 quest on the rigors of their studies, after their graduation, there is a need to help and push 33 themselves to become successful in their chosen field for it is only in such manner that they 34 could extend help to their respective families, to others, and to the communities. He then 35 presented the new batch of scholars of the Provincial Government for School Year 2011- 36 2012. 37 confirmation. After presenting the scholars, he then requested the Honorable Body for their 5 1 On his part, the Honorable Presiding Officer Perfecto M. Dela Rosa advised the 2 scholars to take good care of their selves, to stay away from drugs, and most especially, to 3 always pray and ask God’s blessings. Upon motion of the Honorable Floor Leader, the Rules were resumed at 2:40 in the 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 afternoon. IV. APPROVAL OF THE ORDER AND CALENDAR OF BUSINESS Upon motion of the Honorable Floor Leader Ramil O. Dimapilis, the Order and Calendar of Business was approved with the following insertions: Under Referral of Measures and Communications 1. Letter dated 01 June 2011 from Acting Provincial Governor Honorable Humerlito A. Dolor requesting for the passage of a resolution authorizing him to enter into Talaan ng Kasunduan with the Scholarship Grantees from Indigenous Community concerning the implementation of the Oriental Mindoro Integrated Scholarship Program for SY 20112012 2. Letter dated 01 June 2011 from Acting Provincial Governor Honorable Humerlito A. Dolor requesting for the passage of an ordinance authorizing the utilization of Actual and Projected Personal Services Savings from vacancies to augment the appropriation for the Wages of Casual and Contractual Personnel of the PGOM in the amount of P1,650,000.00. Under Committee Reports 1. Joint Committee Report No. 144-2011 of the Committee on Ways and Means, chaired by Hon. Roberto L. Concepcion, and the Committee on Laws, Ordinances and Legal Matters, chaired by Hon. Abraham R. Abas, relative to Proposed Ordinance No. 032011, entitled “an ordinance adopting the New Schedule of Fair Market Values of lands and improvements as well as buildings thereon in the Province of Oriental Mindoro, and for other purposes”. 2. Joint Committee Report No. 145-2011 of the Committee on Laws, Ordinances and Legal Matters, chaired by Hon. Abraham R. Abas, and the Committee on Ways and Means, chaired by Hon. Roberto L. Concepcion, relative to Proposed Provincial Ordinance No. 06-2011, entitled “ordinance declaring real property tax amnesty on all lands and other real property situated within the territorial jurisdiction of the Province of Oriental Mindoro, providing exceptions thereof and for other purposes”. There being no objection, the Order and Calendar of Business was approved as amended. VII. READING AND ADOPTION OF THE JOURNAL OF MAY 26, 2011 REGULAR SESSION OF THE SANGGUNIANG PANLALAWIGAN Board Member Martin S. Buenaventura moved for the passage of a resolution 49 adopting the Journal of May 26, 2011 Regular Session, with correction on page 8, line 41, as 50 the word “secretary” was misspelled. 51 52 Board Member Gideon B. Abuel, Board Member Flor M. De Roxas, Board Member Romeo G. Infantado and Board Member Alfredo R. Viaña jointly seconded the motion. 6 There being no objection, the Journal of May 26, 2011 Regular Session was adopted, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 as corrected. RESOLUTION NO. 1202-2011 RESOLUTION ADOPTING THE JOURNAL OF MAY 26, 2011 REGULAR SESSION OF THE SANGGUNIANG PANLALAWIGAN, AS CORRECTED RESOLVED, to adopt, as it is hereby adopting the Journal of May 26, 2011 Regular Session of the Sangguniang Panlalawigan, as corrected. On motion of Hon. Martin S. Buenaventura, jointly seconded by Hon. Romeo G. Infantado, Hon. Flor M. De Roxas, Hon. Gideon B. Abuel, said resolution was . . . UNANIMOUSLY APPROVED. VIII. REFERENCE OF BUSINESS FIRST READING IX. REFERRAL OF MEASURES AND COMMUNICATIONS 1. 1st Indorsement dated 17 May 2011 from Ms. Noemi V. Baldos, Provincial Planning and Development Coordinator, forwarding the application for accreditation of BAHID ALTERNATIVE HOPE FOR INTEGRATED DEVELOPMENT (BAHID INC.), located in Bagong Pook, Matulatula, Pola, Oriental Mindoro, with the recommendation for the accreditation of the said organization, for appropriate action of the Sangguniang Panlalawigan. (Date received: 25 May 2011/Ref. No. 294) Upon motion of the Honorable Floor Leader, the Honorable Presiding Officer referred 31 the matter to the Committee on Cooperatives, POs and NGOs, chaired by Board Member 32 Corazon F. Agarap, for study and recommendation. 33 34 35 36 37 38 39 40 41 42 43 2. Letter dated 24 May 2011 from Mr. Romeo N. Cuasay, General Manager, Oriental Mindoro Electric Cooperative (ORMECO), Inc. requesting for the issuance of a Certification as proof of the receipt of their application, captioned “In the matter of the application for approval of over/under recoveries based on the formula on the various automatic cost adjustments and true-up mechanisms and corresponding confirmation process pursuant to ERC Resolution No. 16, series of 2009, as amended by Resolution No. 21, series of 2010.”, for appropriate action of the Sangguniang Panlalawigan. (Date received: 26 May 2011/Ref. No. 295) Upon motion of the Honorable Floor Leader, the Honorable Presiding Officer referred 44 the matter to the Committee on Power and Energy, temporarily chaired by Board Member 45 Romeo G. Infantado, for study and recommendation. 46 47 48 49 50 51 52 53 54 3. Letter dated 25 May 2011 from Ms. Noemi V. Baldos, Provincial Planning and Development Coordinator, returning the documents relative to the Comprehensive Land Use Plan (CLUP) of the Municipality of Puerto Galera for lack of necessary documents, for information and appropriate action of the Sangguniang Panlalawigan. (Date received: 26 May 2011/Ref. No. 296) Upon motion of the Honorable Floor Leader, the Honorable Presiding Officer ruled that the matter be marked as noted. 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 4. Letter dated 26 May 2011 from Atty. Kristine Grace L. Suarez, Provincial Legal Officer, relative to the Joint Committee Report No. 120-2011 of the Joint Committees of the Committee on Environment and Natural Resources and the Committee on Laws, Ordinances and Legal Matters regarding the communication dated 19 April 2011 from Atty. Charlotte F. Aguba-Goco, counsel for and in behalf of Aglubang Mining Corporation, furnishing the Provincial Board their letter addressed to the Honorable Provincial Governor, Alfonso V. Umali, Jr., regarding the Notice of Consignation of Payment of Occupation Fees under MPSA 341-2010-IV-B for the period of 2010-2012 and MPSA 167-2000-IV-B for the period 2008-2012 by the Aglubang Mining Corporation, for information of the Sangguniang Panlalawigan. (Date received: 27 May 2011/Ref. No. 297) Upon motion of the Honorable Floor Leader, the Honorable Presiding Officer ruled that the matter be marked as noted. 5. Letter dated 26 May 2011 from Mr. Allan Kristian A. Aldover, Secretary to the Sangguniang Bayan of Puerto Galera, submitting copy of Municipal Ordinance No. 2011-06 of the Municipality of Puerto Galera, entitled “An ordinance amending Chapter IV, Service Fees, Article B, Local Registry Fees of Municipal Ordinance No. 14-16 entitled “An ordinance enacting the 2004 Revised Revenue Code of the Municipality of Puerto Galera, Oriental Mindoro”, for review and approval of the Sangguniang Panlalawigan. (Date received: 27 May 2011/Ref. No. 298) Upon motion of the Honorable Floor Leader, the Honorable Presiding Officer referred 26 the matter to the Committee on Laws, Ordinances and Legal Matters, chaired by Board 27 Member Abraham R. Abas, for study and recommendation. 28 29 30 31 32 33 34 35 36 6. 2nd Indorsement dated 27 May 2011 from Ms. Noemi V. Baldos, Provincial Planning and Development Coordinator, submitting the reviewed application for accreditation of Bansud Development Cooperative (BADECO), located in Poblacion, Bansud, Oriental Mindoro, with the recommendation for the accreditation of the said organization, for appropriate action of the Sangguniang Panlalawigan. (Date received: 30 May 2011/Ref. No. 300) Upon motion of the Honorable Floor Leader, the Honorable Presiding Officer referred 37 the matter to the Committee on Cooperatives, POs and NGOs, chaired by Board Member 38 Corazon F. Agarap, for study and recommendation. 39 40 41 42 43 44 45 46 47 7. Letter dated 26 May 2011 from Mr. Gregorio B. De Chavez, Secretary to the Sangguniang Bayan of Mansalay, submitting copy of Supplemental Budget No. 01 for FY 2011 of the Municipality of Mansalay, appropriating the amount of Seven Million One Hundred Sixty-Six Thousand Five Hundred Twenty-Five Pesos & 05/100 (P7,166,525.05), passed under Appropriation Ordinance No. 2011-01 dated 13 May 2011, for review and approval of the Sangguniang Panlalawigan. (Date received: 30 May 2011/Ref. No. 301) Upon motion of the Honorable Floor Leader, the Honorable Presiding Officer referred 48 the matter to the Committee on Finance and Appropriations, temporarily chaired by 49 Board Member Romeo G. Infantado, for study and recommendation. 50 51 52 53 8. Letter dated 16 May 2011 from Ms. Cynthia C. Guro, President, Damayan ng Mamamayan para sa Kaunlaran Association (DAMAY KA), requesting for the accreditation of their organization at the Provincial Government of Oriental Mindoro, 8 1 2 3 4 for appropriate action of the Sangguniang Panlalawigan. (Date received: 30 May 2011/Ref. No. 302) 5 the matter to the Committee on Cooperatives, POs and NGOs, chaired by Board Member 6 Corazon F. Agarap, for study and recommendation. 7 8 9 10 11 12 13 14 15 Upon motion of the Honorable Floor Leader, the Honorable Presiding Officer referred 9. Letter dated 24 May 2011 from the Honorable Acting Provincial Governor Humerlito A. Dolor requesting for the passage of a resolution authorizing him to sign all documents necessary for the disposal of certain portions of land belonging to the Provincial Government of Oriental Mindoro in Barangay Camilmil, Calapan City, covered by Transfer Certificate of Title No. J-5418 (T-16929), for appropriate action of the Sangguniang Panlalawigan. (Date received: 31 May 2011/Ref. No. 304) Upon motion of the Honorable Floor Leader, the Honorable Presiding Officer referred 16 the matter to the Committee on Laws, Ordinances and Legal Matters, chaired by Board 17 Member Abraham R. Abas, and to the Committee on Rural and Urban Development, 18 chaired by Board Member Martin S. Buenaventura, for study and recommendation. 19 20 21 22 23 24 25 26 27 10. Letter dated 27 May 2011 from Mr. Gregorio B. De Chavez, Secretary to the Sangguniang Bayan of Mansalay, submitting copy of Ordinance No. 2011-56 of the Municipality of Mansalay, entitled “An ordinance creating the Mansalay Municipal Housing Board, defining its clearinghouse functions pursuant to Executive Order No. 708, s. 2008 and for other purposes, for review and approval of the Sangguniang Panlalawigan. (Date received: 31 May 2011/Ref. No. 306) Upon motion of the Honorable Floor Leader, the Honorable Presiding Officer referred 28 the matter to the Committee on Laws, Ordinances and Legal Matters, chaired by Board 29 Member Abraham R. Abas, for study and recommendation. 30 31 32 33 34 35 36 37 38 11. Letter dated 31 May 2011 from the Honorable Acting Provincial Governor Humerlito A. Dolor requesting for the confirmation of Provincial Scholars, as enumerated in the attached lists, comprising the 18th Batch of Scholars for School Year 2011-2012 under the Oriental Mindoro Integrated Scholarship of the Provincial Government of Oriental Mindoro, for appropriate action of the Sangguniang Panlalawigan. (Date received: 01 June 2011/Ref. No. 309) Upon motion of the Honorable Floor Leader, the Honorable Presiding Officer ruled 39 that the matter be considered urgent consequently the three-reading rule was waived 40 and the same was calendared under the Business for the Day on second reading. 41 42 43 44 45 46 47 48 49 12. Letter dated 01 June 2011 from the Honorable Acting Governor Humerlito A. Dolor requesting for the passage of a resolution authorizing him to enter into a Memorandum of Agreement (MOA) with a reputable organization for the third party review of the Organizational Improvement Plan of the Provincial Government of Oriental Mindoro, attached is a copy of certificate of urgency, for appropriate action of the Sangguniang Panlalawigan. (Date received: 01 June 2011/Ref. No. 310) Upon motion of the Honorable Floor Leader, the Honorable Presiding Officer ruled 50 that the matter be considered urgent consequently the three-reading rule was waived 51 and the same was calendared under the Business for the Day on second reading. 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 13. Letter dated 31 May 2011 from the Honorable Acting Governor Humerlito A. Dolor requesting for the enactment of an ordinance authorizing Supplemental Budget No. 032011 of the Provincial Government of Oriental Mindoro, in the amount of P1,450,000.00, with the request for the urgent consideration of the same, for appropriate action of the Sangguniang Panlalawigan. (Date received: 01 June 2011/Ref. No. 311) Upon motion of the Honorable Floor Leader, the Honorable Presiding Officer ruled that the matter be considered urgent consequently the three-reading rule was waived and the same was calendared under the Business for the Day on second reading. 14. Letter dated 01 June 2011 from Acting Provincial Governor Hon. Humerlito A. Dolor requesting for the passage of a resolution authorizing him to enter into Talaan ng Kasunduan with the Scholarship Grantees from Indigenous Community concerning the implementation of the Oriental Mindoro Integrated Scholarship Program for SY 20112012. (Date received: 02 June 2011/Ref. No. 312) Upon motion of the Honorable Floor Leader, the Honorable Presiding Officer ruled 19 that the matter be considered urgent consequently the three-reading rule was waived 20 and the same was calendared under the Business for the Day on second reading. 21 22 23 24 25 26 27 28 15. Letter dated 01 June 2011 from Acting Provincial Governor Hon Humerlito A. Dolor requesting for the passage of an ordinance authorizing the utilization of Actual and Projected Personal Services Savings from vacancies to augment the appropriation for the Wages of Casual and Contractual Personnel of the PGOM in the amount of P1,650,000.00. (Date received: 02 June 2011/Ref. No. 313) Upon motion of the Honorable Floor Leader, the Honorable Presiding Officer ruled 29 that the matter be considered urgent consequently the three-reading rule was waived 30 and the same was calendared under the Business for the Day on second reading. 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 X. COMMITTEE REPORTS COMMITTEE ON FINANCE AND APPROPRIATIONS 1. Committee Report No.131-2011 of the Committee on Finance and Appropriations, temporarily chaired by the Honorable Romeo G. Infantado, relative to the letter dated 28 March 2011 from Mr. Noel L. Hernandez, Secretary to the Sangguniang Bayan of Gloria, forwarding Supplemental Budget No. 1 of the Municipality of Gloria, amounting to Six Million Eight Hundred Forty-Five Thousand Three Hundred Twenty-Three Pesos and 91/100 (P6,845,323.91), passed under Appropriation Ordinance No. 01, series of 2011 dated 28 March 2011. The following Committee Report of the Committee on Finance and Appropriations was rendered by the Honorable Romeo G. Infantado: COMMITTEE REPORT NO. 131 - 2011 ----------------------------------------------------------------------------------------------------------------------------------SUBMITTED BY: COMMITTEE ON FINANCE AND APPROPRIATIONS SUBJECT: LETTER DATED 28 MARCH 2011 FROM MR. NOEL L. HERNANDEZ, SECRETARY TO THE SANGGUNIANG BAYAN OF GLORIA, FORWARDING 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 SUPPLEMENTAL BUDGET NO. 1 OF THE MUNICIPALITY OF GLORIA, AMOUNTING TO SIX MILLION EIGHT HUNDRED FORTY-FIVE THOUSAND THREE HUNDRED TWENTY-THREE PESOS AND 91/100 (P6,845,323.91), PASSED UNDER APPROPRIATION ORDINANCE NO. 01, S. OF 2011 DATED 28 MARCH 2011 (Date received: 28 April 2011) FOR: THE HONORABLE PRESIDING OFFICER -----------------------------------------------------------------------------------------------------------------------------------Honorable Presiding Officer: The General Fund Supplemental Budget No. 01 for FY 2011 of the Municipality of Gloria, appropriating the amount of Six Million Eight Hundred Forty-Five Thousand Three Hundred Twenty-Three Pesos and 91/100 (P6,845,323.91), passed under Appropriation Ordinance No. 1-2011 dated 28 March 2011, which was received by the Sangguniang Panlalawigan on 28 April 2011, was referred to the Committee on Finance and Appropriations of the Sangguniang Panlalawigan of Oriental Mindoro on 5 May 2011. On 06 May 2011, the said appropriation ordinance was referred to the Provincial Finance Committee (PFC) for its evaluation. The PFC, after carefully reviewing the subject supplemental budget in accordance with the Local Government Code of 1991 (R.A. No. 7160), Updated Budget Operations Manual for LGUs and Local Budget Memorandum No. 61, rendered its report dated 20 May 2011, which was received by the Sangguniang Panlalawigan on 23 May 2011, stating that the same has substantially complied with existing rules, policies and guidelines and is therefore recommended to be declared operative subject to the conditions and corrections stipulated in the said report. This Committee, based on the said PFC Report, conforms to the recommendations and conditions set forth by the Provincial Finance Committee relative to the subject supplemental budget. However, compliance of the same relative to the implementation of the said budget shall be the responsibility of the local government unit. In view of the foregoing premises, the Committee on Finance and Appropriations respectfully recommends before this Honorable Body the approval of the said budget and further recommends for the passage and approval of a “resolution approving General Fund Supplemental Budget No. 1 of the Municipality of Gloria, appropriating the amount of Six Million Eight Hundred Forty-Five Thousand Three Hundred Twenty-Three Pesos and 91/100 (P6,845,323.91), passed under Appropriation Ordinance No. 1, s. 2011 dated 28 March 2011, subject to the conditions and recommendations of the Provincial Finance Committee stipulated in its report dated 20 May 2011. (Acting Governor) HON. HUMERLITO A. DOLOR Committee Chairperson (Sgd.) HON. ROMEO G. INFANTADO Temporary-Chairperson MEMBERS OF THE COMMITTEE: (Acting Vice-Governor) HON. RAMIL O. DIMAPILIS (Sgd.) HON. RYAN Z. ARAGO (Sgd.) HON. ROBERTO L. CONCEPCION (Sgd.) HON. CORAZON F. AGARAP 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 After rendering the report, Board Member Romeo G. Infantado moved for the adoption of the same. There being no objection, the Honorable Presiding Officer ruled for the adoption of the said Committee Report 2. Committee Report No.132-2011 of the Committee on Finance and Appropriations temporarily chaired by the Honorable Romeo G. Infantado, relative to the letter dated 20 April 2011 from Mr. Nestor P. Collera, Secretary to the Sangguniang Bayan of San Teodoro, forwarding Supplemental Budget No. 1 of the Municipality of San Teodoro, amounting to Four Million Three Hundred Seventy-Eight Thousand Eighty-Eight Pesos and 17/100 (P4,378,088.17), passed under Appropriation Ordinance No. 1-2011 dated 11 April 2011. The following Committee Report of the Committee on Finance and Appropriations was rendered by the Honorable Romeo G. Infantado: COMMITTEE REPORT NO. 132 - 2011 ---------------------------------------------------------------------------------------------------------------------------------SUBMITTED BY: COMMITTEE ON FINANCE AND APPROPRIATIONS SUBJECT: LETTER DATED 20 APRIL 2011 FROM MR. NESTOR P. COLLERA, SECRETARY TO THE SANGGUNIANG BAYAN OF SAN TEODORO, FORWARDING SUPPLEMENTAL BUDGET NO. 1 OF THE MUNICIPALITY OF SAN TEODORO, AMOUNTING TO FOUR MILLION THREE HUNDRED SEVENTY-EIGHT THOUSAND EIGHTY-EIGHT PESOS AND 17/100 (P4,378,088.17), PASSED UNDER APPROPRIATION ORDINANCE NO. 1-2011 DATED 11 APRIL 2011 (Date received: 20 April 2011) FOR: THE HONORABLE PRESIDING OFFICER ----------------------------------------------------------------------------------------------------------------------------------Honorable Presiding Officer: The General Fund Supplemental Budget No. 01 for FY 2011 of the Municipality of San Teodoro, appropriating the amount of Four Million Three Hundred Seventy-Eight Thousand Eighty-Eight Pesos and 17/100 (P4,378,088.17) passed under Appropriation Ordinance No. 1-2011 dated 11 April 2011, which was received by the Sangguniang Panlalawigan on 20 April 2011, was referred to the Committee on Finance and Appropriations of the Sangguniang Panlalawigan of Oriental Mindoro on 28 April 2011. On 04 May 2011, the said appropriation ordinance was referred to the Provincial Finance Committee (PFC) for its evaluation. The PFC, after carefully reviewing the subject supplemental budget in accordance with the Local Government Code of 1991 (R.A. No. 7160), Updated Budget Operations Manual for LGUs and Local Budget Memorandum No. 61, rendered its report dated 16 May 2011, which was received by the Sangguniang Panlalawigan on 23 May 2011, stating that the same has substantially complied with existing rules, policies and guidelines and is therefore recommended to be declared operative subject to the conditions and corrections stipulated in the said report. This Committee, based on the said PFC Report, conforms to the recommendations and conditions set forth by the Provincial Finance Committee relative to the subject supplemental budget. However, compliance of the same relative to the implementation of the said budget shall be the responsibility of the local government unit. 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Likewise, the Object of Expenditures as embodied in the appropriation ordinance shall be consistent and in accord with the approved local development plan and annual investment plan of the Municipality of San Teodoro. 30 adoption of the same. 31 32 In view of the foregoing premises, the Committee on Finance and Appropriations respectfully recommends before this Honorable Body the approval of the said budget and further recommends for the passage and approval of a “resolution approving General Fund Supplemental Budget No. 1 of the Municipality of San Teodoro, appropriating the amount of Four Million Three Hundred Seventy-Eight Thousand Eighty-Eight Pesos and 17/100 (P4,378,088.17), passed under Appropriation Ordinance No. 1-2011 dated 11 April 2011, subject to the conditions and recommendations of the Provincial Finance Committee stipulated in its report dated 16 May 2011 and in this Committee Report. (Acting Governor) HON. HUMERLITO A. DOLOR Committee Chairperson (Sgd.) HON. ROMEO G. INFANTADO Temporary-Chairperson MEMBERS OF THE COMMITTEE: (Acting Vice-Governor) HON. RAMIL O. DIMAPILIS (Sgd.) HON. RYAN Z. ARAGO (Sgd.) HON. ROBERTO L. CONCEPCION (Sgd.) HON. CORAZON F. AGARAP After rendering the report, Board Member Romeo G. Infantado moved for the There being no objection, the Honorable Presiding Officer ruled for the adoption of the said Committee Report. 33 34 35 36 37 38 39 40 41 42 43 3. Committee Report No.133-2011 of the Committee on Laws, Ordinances and Legal Matters, chaired by the Honorable Abraham R. Abas, relative to the letter dated 28 January 2011 from Mr. Nestor P. Collera, Secretary to the Sangguniang Bayan of San Teodoro, forwarding copy of Municipal Ordinance No. 2010-02 entitled “An ordinance creating the Municipal Housing Board of San Teodoro, Oriental Mindoro, defining its functions pursuant to Executive Order No. 708, series of 2008 and for other purposes”. 44 Matters was rendered by the Honorable Abraham R. Abas: 45 46 47 48 49 50 51 52 53 54 55 COMMITTEE ON LAWS, ORDINANCES AND LEGAL MATTERS The following Committee Report of the Committee on Laws, Ordinances and Legal COMMITTEE REPORT NO. 133 - 2011 ----------------------------------------------------------------------------------------------------------------------------------SUBMITTED BY: COMMITTEE ON LAWS, ORDINANCES AND LEGAL MATTERS SUBJECT: LETTER DATED 28 JANUARY 2011 FROM MR. NESTOR P. COLLERA, SECRETARY TO THE SANGGUNIANG BAYAN OF SAN TEODORO FORWARDING COPY OF MUNICIPAL ORDINANCE NO. 2010-02 ENTITLED “AN ORDINANCE CREATING THE MUNICIPAL HOUSING BOARD OF SAN TEODORO, ORIENTAL MINDORO, DEFINING ITS FUNCTIONS PURSUANT 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 TO EXECUTIVE ORDER NO. 708, S. 2008, AND FOR OTHER PURPOSES” (Date received: 29 January 2011) FOR: THE HONORABLE PRESIDING OFFICER -----------------------------------------------------------------------------------------------------------------------------------Honorable Presiding Officer: On 3 February 2011, Municipal Ordinance No. 2010-02 of the Municipality of San Teodoro was referred to the Committee on Laws, Ordinances and Legal Matters of the Sangguniang Panlalawigan for review and recommendation. Thus, after thorough study of the same, this committee has the honor to report before this Honorable Body the following: 1. The Municipal Housing Board of San Teodoro which was created pursuant to Municipal Ordinance No. 2010-02 serves as the sole clearing house for eviction and demolition activities concerning informal settlers in danger areas, public areas, public places and government projects of the Municipality of San Teodoro. 2. That, in the exercise of its powers and function which are specifically mentioned in the subject ordinance, the local government unit concerned shall be guided by the provisions of Republic Act 7279 otherwise known as the Urban Development and Housing Act of 1992, particularly by Sections 27, 28, 29, and 30, quoted hereunder: Sec. 27. Action Against Professional Squatters and Squatting Syndicates. — The local government units, in cooperation with the Philippine National Police, the Presidential Commission for the Urban Poor (PCUP), and the PCUP-accredited urban poor organization in the area, shall adopt measures to identify and effectively curtail the nefarious and illegal activities of professional squatters and squatting syndicates, as herein defined. Any person or group identified as such shall be summarily evicted and their dwellings or structures demolished, and shall be disqualified to avail of the benefits of the Program. A public official who tolerates or abets the commission of the abovementioned acts shall be dealt with in accordance with existing laws. For purposes of this Act, professional squatters or members of squatting syndicates shall be imposed the penalty of six (6) years imprisonment of a fine of not less than Sixty thousand pesos (P60,000.00) but not more than One hundred thousand pesos (P100,000), or both, at the discretion of the court. Sec. 28. Eviction and Demolition. — Eviction or demolition as a practice shall be discouraged. Eviction or demolition, however, may be allowed under the following situations: (a) When persons or entities occupy danger areas such as esteros, railroad tracks, garbage dumps, riverbanks, shorelines, waterways, and other public places such as sidewalks, roads, parks, and playgrounds; (b) When government infrastructure projects with available funding are about to be implemented; or (c) When there is a court order for eviction and demolition. In the execution of eviction or demolition orders involving underprivileged and homeless citizens, the following shall be mandatory: (1) Notice upon the effected persons or entities at least thirty (30) days prior to the date of eviction or demolition; 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 (2) Adequate consultations on the matter of settlement with the duly designated representatives of the families to be resettled and the affected communities in the areas where they are to be relocated; (3) Presence of local government officials or their representatives during eviction or demolition; (4) Proper identification of all persons taking part in the demolition; (5) Execution of eviction or demolition only during regular office hours from Mondays to Fridays and during good weather, unless the affected families consent otherwise; (6) No use of heavy equipment for demolition except for structures that are permanent and of concrete materials; (7) Proper uniforms for members of the Philippine National Police who shall occupy the first line of law enforcement and observe proper disturbance control procedures; and (8) Adequate relocation, whether temporary or permanent: Provided, however, That in cases of eviction and demolition pursuant to a court order involving underprivileged and homeless citizens, relocation shall be undertaken by the local government unit concerned and the National Housing Authority with the assistance of other government agencies within forty-five (45) days from service of notice of final judgment by the court, after which period the said order shall be executed: Provided, further, That should relocation not be possible within the said period, financial assistance in the amount equivalent to the prevailing minimum daily wage multiplied by sixty (60) days shall be extended to the affected families by the local government unit concerned. This Department of the Interior and Local Government and the Housing and Urban Development Coordinating Council shall jointly promulgate the necessary rules and regulations to carry out the above provision. Sec. 29. Resettlement. — Within two (2) years from the effectivity of this Act, the local government units, in coordination with the National Housing Authority, shall implement the relocation and resettlement of persons living in danger areas such as esteros, railroad tracks, garbage dumps, riverbanks, shorelines, waterways, and in other public places as sidewalks, roads, parks, and playgrounds. The local government unit, in coordination with the National Housing Authority, shall provide relocation or resettlement sites with basic services and facilities and access to employment and livelihood opportunities sufficient to meet the basic needs of the affected families. Sec. 30. Prohibition Against New Illegal Structures. — It shall be unlawful for any person to construct any structure in areas mentioned in the preceding section. After the effectivity of this Act, the barangay, municipal or city government units shall prevent the construction of any kind of illegal dwelling units of structures within their respective localities. The head of any local government unit concerned who allows, abets or otherwise tolerates the construction of any structure in violation of this section shall be liable to administrative sanctions under existing laws and to penal sanctions provided for in this Act. 3. The penalties mentioned under Section 13 of the subject ordinance need not be stated therein considering that the offense sought to be punished is already punishable under Book I, Title Two, Chapter 4 of the Local Government Code and under the penalty clause of RA 7279. 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 Recommendation: Based on the above premises, this committee respectfully recommends to this August Body to pass and approve a RESOLUTION APPROVING MUNICIPAL ORDINANCE NO. 2010-02 ENTITLED “AN ORDINANCE CREATING THE MUNICIPAL HOUSING BOARD OF SAN TEODORO, ORIENTAL MINDORO, DEFINING ITS FUNCTIONS PURSUANT TO EXECUTIVE ORDER NO. 708, S. 2008, AND FOR OTHER PURPOSES”, subject to compliance with the findings of the Committee, as stated under Items No. 2 and 3 of this Committee Report. (Sgd.) HON. ABRAHAM R. ABAS Chairperson Committee on Laws, Ordinances and Legal Matters (Unsigned) HON. FERDINAND THOMAS M. SOLLER Vice-Chairperson Committee on Laws, Ordinances and Legal Matters MEMBERS OF THE COMMITTEE (Sgd.) HON. RYAN Z. ARAGO (Acting Vice-Governor) HON. RAMIL O. DIMAPILIS (Sgd.) HON. ROMEO G. INFANTADO After rendering the report, Board Member Abraham R. Abas moved for the adoption of the same. There being no objection, the Honorable Presiding Officer ruled for the adoption of the said Committee Report. 4. Committee Report No.134-2011 of the Committee on Laws, Ordinances and Legal Matters, chaired by the Honorable Abraham R. Abas, relative to the letter dated 27 January 2011 from Mr. Allan Kristian A. Aldover, Secretary to the Sangguniang Bayan of Puerto Galera, submitting copy of Municipal Ordinance No. 2010-052 of the Municipality of Puerto Galera, entitled “An ordinance adopting the coding scheme in the schedule of renewal of business permit in the Municipality of Puerto Galera, Oriental Mindoro and providing incentives thereof”. The following Committee Report of the Committee on Laws, Ordinances and Legal Matters was rendered by the Honorable Abraham R. Abas: COMMITTEE REPORT NO. 134 – 2011 ------------------------------------------------------------------------------------------------------------------------------------SUBMITTED BY: COMMITTEE ON LAWS, ORDINANCES AND LEGAL MATTERS SUBJECT: LETTER DATED 27 JANUARY 2011 FROM MR. ALLAN KRISTIAN A. ALDOVER, SECRETARY TO THE SANGGUNIANG BAYAN OF PUERTO GALERA, SUBMITTING COPY OF MUNICIPAL ORDINANCE NO. 2010-052 OF THE MUNICIPALITY OF PUERTO GALERA ENTITLED “AN ORDINANCE ADOPTING THE CODING SCHEME IN THE SCHEDULE OF RENEWAL OF BUSINESS PERMIT 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 IN THE MUNICIPALITY OF PUERTO GALERA, ORIENTAL MINDORO AND PROVIDING INCENTIVES THEREOF” (Date received: 31 January 2011) FOR: THE HONORABLE PRESIDING OFFICER ---------------------------------------------------------------------------------------------------------------------------------Honorable Presiding Officer: On 3 February 2011, Municipal Ordinance No. 2010-052 of the Municipality of Puerto Galera was referred to the Committee on Laws, Ordinances and Legal Matters of the Sangguniang Panlalawigan for review and recommendation. Thus, after carefully studying the same, this Committee has the honor to report before this Honorable Body the following: 1. That, to properly address the practice of owners of business establishments in renewing their business permits in the last hour resulting to clogging in the process, Municipal Ordinance No. 2010-052 was enacted by the Sangguniang Bayan of Puerto Galera on 19 January 2011. Said ordinance was approved by the Municipal Mayor on 21 January 2011. 2. That, the granting of incentives to those business establishments who will renew their business permit on their designated schedules are within the powers of the Sangguniang Bayan as provided by the Local Government Code of 1991. 3. That, while the passage of Municipal Ordinance No. 2010-052 is within the power of the Sangguniang Bayan of Puerto Galera, however, compliance with all existing and applicable laws, rules and regulations shall be the full responsibility of the Municipality of Puerto Galera in the implementation of the said ordinance. Recommendation: Based on the above premises, this committee respectfully recommends to this August Body to pass and approve a RESOLUTION APPROVING MUNICIPAL ORDINANCE NO. 2010-052 OF THE MUNICIPALITY OF PUERTO GALERA ENTITLED “AN ORDINANCE ADOPTING THE CODING SCHEME IN THE SCHEDULE OF RENEWAL OF BUSINESS PERMIT IN THE MUNICIPALITY OF PUERTO GALERA AND PROVIDING INCENTIVES THEREOF”, subject to the condition stated under Item No. 3 of this Committee Report. (Sgd.) HON. ABRAHAM R. ABAS Chairperson Committee on Laws, Ordinances and Legal Matters (Unsigned) HON. FERDINAND THOMAS M. SOLLER Vice-Chairperson Committee on Laws, Ordinances and Legal Matters MEMBERS OF THE COMMITTEE (Sgd.) HON. RYAN Z. ARAGO (Acting Vice-Governor) HON. RAMIL O. DIMAPILIS (Sgd.) HON. ROMEO G. INFANTADO After rendering the report, Board Member Abraham R. Abas moved for the adoption of the same. 17 There being no objection, the Honorable Presiding Officer ruled for the adoption of 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 the said Committee Report. 5. Committee Report No.135-2011 of the Committee on Laws, Ordinances and Legal Matters, chaired by the Honorable Abraham R. Abas, relative to the letter dated 17 February 2011 from Ms. Shiely D. Villanueva, Secretary to the Sangguniang Bayan of Pola, submitting copy of Municipal Ordinance No. 2011-013 entitled “An ordinance imposing service fee on the application for authenticated copies of various civil registry documents at the Municipal Civil Registrar’s Office of the Municipality of Pola, Province of Oriental Mindoro”. The following Committee Report of the Committee on Laws, Ordinances and Legal Matters was rendered by the Honorable Abraham R. Abas: COMMITTEE REPORT NO. 135 - 2011 ------------------------------------------------------------------------------------------------------------------------------------SUBMITTED BY: COMMITTEE ON LAWS, ORDINANCES AND LEGAL MATTERS SUBJECT: LETTER DATED 17 FEBRUARY 2011 FROM MS. SHIELY D. VILLANUEVA, SECRETARY TO THE SANGGUNIANG BAYAN OF POLA, SUBMITTING COPY OF MUNICIPAL ORDINANCE NO. 2011-013 ENTITLED” AN ORDINANCE IMPOSING SERVICE FEE ON THE APPLICATION FOR AUTHENTICATED COPIES OF VARIOUS CIVIL REGISTRY DOCUMENTS AT THE MUNICIPAL CIVIL REGISTRAR’S OFFICE OF THE MUNICIPALITY OF POLA, PROVINCE OF ORIENTAL MINDORO”, FOR REVIEW AND APPROVAL OF THE SANGGUNIANG PANLALAWIGAN. (Date received: 24 February 2011/Ref. No. 123) FOR: THE HONORABLE PRESIDING OFFICER Honorable Presiding Officer: Referred before the Committee on Laws, Ordinances and Legal Matters on 4 March 2011 is the Copy Of Municipal Ordinance No. 2011-013 entitled” An Ordinance Imposing Service Fee on the Application for Authenticated Copies of various Civil Registry Documents at the Municipal Civil Registrar’s Office of the Municipality of Pola, Province of Oriental Mindoro”, which was received by the Sangguniang Panlalawigan on 24 February 2011. Thus, after thorough review of the same, this committee has the honor to report before this August Body the following: 1. That, Section 129 of the Local Government Code of 1991 provides as follows: “Each local government unit shall exercise its power to create its own sources of revenue and to levy taxes, fees, and charges subject to the provisions herein, consistent with the basic policy of local autonomy. Such taxes, fees, and charges shall accrue exclusively to the local government units”. 2. Section 132 of the same code states that: “The power to impose a tax, fee, or charge or to generate revenue under this Code shall be exercised by the sanggunian of the local government unit concerned through an appropriate ordinance”. 18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 3. That, per attached documents, a public hearing on Municipal Ordinance No. 2011-03 was conducted by the Committee on Ways and Means of the Sangguniang Bayan of Pola on 11 February 2011 at the Municipal Plaza, Municipality of Pola. 4. That, while the enactment of the subject ordinance was within the power of the Sangguniang Bayan of Pola, and the same was passed in accordance with the procedure prescribed by law, however, compliance with other related laws, rules and regulations shall be the responsibility of the Municipality of Pola in the implementation of Municipal Ordinance No. 2011-03. 5. Finally, the herein committee agreed to approve on committee level Municipal Ordinance No. 2011-03 of the Municipality of Pola. Recommendation: Above premises considered, this committee respectfully recommends before this August body to pass and approve a RESOLUTION APPROVING MUNICIPAL ORDINANCE NO. 2011-013 ENTITLED” AN ORDINANCE IMPOSING SERVICE FEE ON THE APPLICATION FOR AUTHENTICATED COPIES OF VARIOUS CIVIL REGISTRY DOCUMENTS AT THE MUNICIPAL CIVIL REGISTRAR’S OFFICE OF THE MUNICIPALITY OF POLA, PROVINCE OF ORIENTAL MINDORO”, subject to the condition stated under Item No. 4 of this Committee Report. (Sgd.) HON. ABRAHAM R. ABAS Chairperson Committee on Laws, Ordinances and Legal Matters (Unsigned) HON. FERDINAND THOMAS M. SOLLER Vice-Chairperson Committee on laws, Ordinances and Legal Matters MEMBERS OF THE COMMITTEE: (Sgd.) HON. ROMEO G. INFANTADO (Sgd.) HON. RYAN Z. ARAGO (Acting Vice-Governor) HON. RAMIL O. DIMAPILIS After rendering the report, Board Member Abraham R. Abas moved for the adoption of the same. There being no objection, the Honorable Presiding Officer ruled for the adoption of the said Committee Report. COMMITTEE ON ENVIRONMENTAL PROTECTION AND NATURAL RESOURCES COMMITTEE ON LAWS, ORDINANCES AND LEGAL MATTERS 6. Joint Committee Report No.136-2011 of the Joint Committees of the Committee on Environmental Protection and Natural Resources, chaired by Honorable Romeo G. Infantado, and the Committee on Laws, Ordinances and Legal Matters, chaired by the Honorable Abraham R. Abas, relative to the letter dated 15 March 2011 from Mr. Joel De Veyra, Chairman, San Isidro Beach Resort Owners Association (SIBROA) submitting copies of their appeal against Solid Waste Water Treatment Plant (SWTP) and SWTP enhancement such as Sabang Boulevard, Pier among others. 19 1 2 The following Joint Committee Report of the Joint Committees of the Committee on 3 Environmental Protection and Natural Resources and the Committee on Laws, Ordinances 4 and Legal Matters was rendered by the Honorable Romeo G. Infantado: 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 JOINT COMMITTEE REPORT NO. 136 - 2011 ------------------------------------------------------------------------------------------------------------------------------------SUBMITTED BY: COMMITTEE ON ENVIRONMENTAL PROTECTION AND NATURAL RESOURCES COMMITTEE ON LAWS, ORDINANCES AND LEGAL MATTERS SUBJECT: LETTER DATED 15 MARCH 2011 FROM MR. JOEL DE VEYRA, CHAIRMAN, SAN ISIDRO BEACH RESORT OWNERS ASSOCIATION (SIBROA) SUBMITTING COPIES OF THEIR APPEAL AGAINST SOLID WASTE WATER TREATMENT PLANT (SWTP) AND SWTP ENHANCEMENT SUCH AS SABANG BOULEVARD, PIER, AMONG OTHERS (Date received: 15 March 2011) FOR: THE HONORABLE PRESIDING OFFICER ------------------------------------------------------------------------------------------------------------------------------------Dear Honorable Presiding Officer: The subject letter of Mr. Joel De Veyra was referred to the Joint Committees of the Committee on Environmental Protection and Natural Resources and the Committee on Ordinances and Legal Matters of the Sangguniang Panlalawigan on 24 March 2011. After carefully reviewing the same, these Joint Committees have the honor to report before this Honorable Body the following: 1. That, in accord to the principle of decentralization and the process of local autonomy, as enshrined in the 1987 Philippine Constitution and, subsequently, under the Local Government Code of 1991 (R.A. No. 7160), every local government unit, such as the municipality, has granted political and corporate powers to become self-reliant; 2. That, Section 17 of the Local Government Code of 1991 provides that: “(a) Local government units shall endeavor to be self-reliant and shall continue exercising the powers and discharging the duties and functions currently vested upon them. They shall also discharge the functions and responsibilities of national agencies and offices devolved to them pursuant to this Code. Local government units shall likewise exercise such other powers and discharge such other functions and responsibilities as are necessary, appropriate, or incidental to efficient and effective provision of the basic services and facilities enumerated herein. (b) Such basic services and facilities include, but are not limited to, the following: xxx (2) For a municipality: (i) Extension and on-site research services and facilities related to agriculture and fishery activities which include dispersal of livestock and poultry, fingerlings, and other seeding materials for aquaculture; palay, corn, and vegetable seed farms; medicinal plant gardens; fruit tree, coconut, and other kinds of seedling nurseries; demonstration farms; quality control of copra and improvement and development of local distribution channels, preferably through cooperatives; inter-Barangay irrigation system; water and soil resource utilization and conservation projects; and enforcement of 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 fishery laws in municipal waters including the conservation of mangroves; xxx (viii) Infrastructure facilities intended primarily to service the needs of the residents of the municipality and which are funded out of municipal funds including, but not limited to, municipal roads and bridges; school buildings and other facilities for public elementary and secondary schools; clinics, health centers and other health facilities necessary to carry out health services; communal irrigation, small water impounding projects and other similar projects; fish ports; artesian wells, spring development, rainwater collectors and water supply systems; seawalls, dikes, drainage and sewerage, and flood control; traffic signals and road signs; and similar facilities (underscoring ours).” 3. That, it is worthy to note that the Sangguniang Panlalawigan’s power over the lower LGUs is limited only: (1) on the review of their ordinances and resolutions approving developmental plan of the same; (2) the resolution of boundary disputes and (3) resolution of administrative cases involving local elective officials. The Sangguniang Panlalawigan is bereft of any power to meddle or interfere on the affairs of the local government units. 4. That, these Joint Committees are in accord that the Sangguniang Panlalawigan is not the proper forum to deliberate and take appropriate action on the appeal of those who are against the Solid Waste Water Treatment Plant (SWTP) Project being initiated by the Municipal Government of Puerto Galera. 5. That, these Joint Committees are one in the opinion that it is but proper to respect the autonomy of the Local Government of Puerto Galera and to give full accord on the powers vested in it by laws as a political and corporate entity. 6. That, in view of the foregoing reasons, these Joint Committees deem it necessary to terminate further consideration of the above subject and that the same be marked as noted in the records of the Sangguniang Panlalawigan. In view of the above premises, these Joint Committees respectfully recommend to this Honorable Body to terminate further consideration on the letter of Mr. Joel De Veyra, Chairperson of the San Isidro Beach Resort Owners Association (SIBROA) relative to their appeal against Solid Waste Water Treatment Plant (SWTP) Project of the Municipal Government of Puerto Galera consequently the same shall be marked as noted in the records of the Sangguniang Panlalawigan. It is also recommended before this August Body to instruct the Secretary to the Sangguniang Panlalawigan that a copy of this Committee Report be furnished to Mr. Joel De Veyra for his information. (Sgd.) HON. ROMEO G. INFANTADO Chairperson Committee on Environmental Protection and Natural Resources (Sgd.) HON. ABRAHAM R. ABAS Chairperson Committee on Laws, Ordinances and Legal Matters (Acting Vice-Governor) HON. RAMIL O. DIMAPILIS Vice-Chairperson Committee on Environmental Protection 21 and Natural Resources 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 (Sgd.) HON. FERDINAND THOMAS M. SOLLER Vice-Chairperson Committee on laws, Ordinances and Legal Matters MEMBERS OF THE JOINT COMMITTEES: 20 21 22 23 24 25 26 27 28 29 30 31 32 33 (Sgd.) HON. CORAZON F. AGARAP (Sgd.) HON. MARTIN S. BUENAVENTURA (Sgd.) HON. RYAN Z. ARAGO After rendering the report, Board Member Romeo G. Infantado moved for the adoption of the same. There being no objection, the Honorable Presiding Officer ruled for the adoption of 18 19 (Sgd.) HON. ROBERTO L. CONCEPCION the said Joint Committee Report. COMMITTEE ON LAWS, ORDINANCES AND LEGAL MATTERS COMMITTEE ON HEALTH AND SANITATION 7. Joint Committee Report No.137-2011 of the Joint Committees of the Committee on Laws, Ordinances and Legal Matters, chaired by the Honorable Abraham R. Abas, and the Committee on Health and Sanitation, chaired by Honorable Romeo G. Infantado, relative to the 1st Indorsement dated 02 March 2011 from Atty. Larry M. Quinton, Secretary to the Sangguniang Bayan of Bansud, submitting copy of Municipal Ordinance No. 20, series of 2011 of the Municipality of Bansud, entitled “An ordinance requiring all business establishment owners/operators to register their employees/workers at Philippine Health Insurance Corporation”. The following Joint Committee Report of the Joint Committees of the Committee on 34 Laws, Ordinances and Legal Matters and the Committee on Health and Sanitation was 35 rendered by the Honorable Abraham R. Abas: 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 JOINT COMMITTEE REPORT NO. 137-2011 ------------------------------------------------------------------------------------------------------------------------------------SUBMITTED BY: COMMITTEE ON LAWS, ORDINANCES AND LEGAL MATTERS COMMITTEE ON HEALTH AND SANITATION SUBJECT: 1ST INDORSEMENT DATED 02 MARCH 2011 FROM ATTY. LARRY M. QUINTON, SECRETARY TO THE SANGGUNIANG BAYAN OF BANSUD, SUBMITTING COPY OF MUNICIPAL ORDINANCE NO. 29 SERIES OF 2011 OF THE MUNICIPALITY OF BANSUD, ENTITLED “AN ORDINANCE REQUIRING ALL BUSINESS ESTABLISHMENT OWNERS/OPERATORS TO REGISTER THEIR EMPLOYEES/WORKERS AT PHILIPPINE HEALTH INSURANCE CORPORATION”, FOR REVIEW AND APPROPRIATE ACTION OF THE SANGGUNIANG PANLALAWIGAN (Date received: 04 March 2011/Ref. No. 143) FOR: THE HONORABLE PRESIDING OFFICER Honorable Presiding Officer: 22 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 The subject Municipal Ordinance No. 29 S. 2011 of the Municipality of Bansud was referred to the Committee on Laws, Ordinances and Legal Matters and the Committee on Health and Sanitation of the Sangguniang Panlalawigan of Oriental Mindoro on 10 March 2011 for review and recommendation. Thus, after carefully studying the same, these Joint Committees have the honor to report before this August Body the following: 1. Section 1 (l) of the Implementing Rules and Regulations of the National Health Insurance Act of 1995 (RA 7875 as amended by RA 9241) provides that “All citizens of the Philippines shall be required to enroll in the National Health Insurance Program in order to avoid adverse selection and social inequity”. 2. In view of the compulsory coverage of Philhealth, the Sangguniang Bayan of Bansud enacted the subject ordinance to require all business operators to register their employees at Philhealth. 3. That, Atty. Larry M. Quinton, Secretary to the Sanggunian Bayan of Bansud certified that Municipal Ordinance No. 028 series of 2011 had been subjected to a public hearing on 21 October 2010, and based on the same, the said ordinance gained general social acceptance. 4. Considering that the ordinance carries a penalty clause as provided in SECTION III thereof, the requirements of posting and publication under Section 511 of the Local Government Code of 1991 must be fully complied with, to wit: “Ordinances with penal sanctions shall be posted at prominent places in the provincial capitol, city, municipal or barangay hall, as the case may be, for a minimum period of three (3) consecutive weeks. Such ordinances shall also be published in a newspaper of general circulation, where available, within the territorial jurisdiction of the local government unit concerned, except in the case of barangay ordinances. Unless otherwise provided therein, said ordinances shall take effect on the day following its publication, or at the end of the period of posting, whichever occurs later.” 5. Finally, the Joint Committees agreed that compliance with all existing and applicable laws, rules and regulations shall be the full responsibility of the Municipality of Bansud in the implementation of Municipal Ordinance No. 29 S. 2011. Recommendation: Above premises considered, these Joint Committees respectfully recommend before this August body to pass and approve a RESOLUTION APPROVING MUNICIPAL ORDINANCE NO. 29 SERIES OF 2011 OF THE MUNICIPALITY OF BANSUD, ENTITLED “AN ORDINANCE REQUIRING ALL BUSINESS ESTABLISHMENT OWNERS/OPERATORS TO REGISTER THEIR EMPLOYEES/WORKERS AT PHILIPPINE HEALTH INSURANCE CORPORATION”, subject to the conditions stated under Item No. 4 and 5 of this Joint Committee Report. (Sgd.) HON. ABRAHAM R. ABAS Chairperson Committee on Laws, Ordinances and Legal Matters (Sgd.) HON. ROMEO G. INFANTADO Chairperson Committee on Health and Sanitation 23 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 (Unsigned) HON. FERDINAND THOMAS M. SOLLER Vice-Chairperson Committee on laws, Ordinances and Legal Matters (Sgd.) HON. RYAN Z. ARAGO Vice-Chairperson Committee on Health and Sanitation MEMBERS OF THE JOINT COMMITTEES: (Acting Vice-Governor) HON. RAMIL O. DIMAPILIS (Sgd.) HON. CORAZON F. AGARAP After rendering the report, Board Member Abraham R. Abas moved for the adoption of the same. There being no objection, the Honorable Presiding Officer ruled for the adoption of the said Joint Committee Report. 8. Joint Committee Report No.138-2011 of the Joint Committees of the Committee on Laws, Ordinances and Legal Matters, chaired by the Honorable Abraham R. Abas, and the Committee on Health and Sanitation, chaired by the Honorable Romeo G. Infantado, relative to the letter dated 12 April 2011 from Mr. Igmedio B. Mañibo, Secretary to the Sangguniang Panlungsod of Calapan, endorsing copy of City Ordinance No. 07-2011, entitled “An ordinance amending Sections 1, 2, 3, 4, 5, 6, 7 and 8 of the City Ordinance No. 13-04, Resolution No. 311, An ordinance prohibiting smoking in specified places to protect the health and welfare of smokers and non-smokers in the City of Calapan”. The following Joint Committee Report of the Joint Committees of the Committee on 32 Laws, Ordinances and Legal Matters and the Committee on Health and Sanitation was 33 rendered by the Honorable Abraham R. Abas: 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 JOINT COMMITTEE REPORT NO. 138 – 2011 ------------------------------------------------------------------------------------------------------------------------------------SUBMITTED BY: COMMITTEE ON LAWS, ORDINANCES AND LEGAL MATTERS COMMITTEE ON HEALTH AND SANITATION SUBJECT: LETTER DATED 12 APRIL 2011 FROM MR. IGMEDIO B. MAÑIBO, SECRETARY TO THE SANGGUNIANG PANLUNGSOD OF CALAPAN, ENDORSING COPY OF CITY ORDINANCE NO. 07-2011 ENTITLED “AN ORDINANCE AMENDING SECTIONS 1, 2 ,3, 4, 5, 6 ,7 AND 8 OF THE CITY ORDINANCE NO. 13-04, RESOLUTION NO. 311, AN ORDINANCE PROHIBITING SMOKING IN SPECIFIED PLACES TO PROTECT THE HEALTH AND WELFARE OF SMOKERS AND NON SMOKERS IN THE CITY OF CALAPAN” FOR REVIEW AND APPROVAL OF THE SANGGUNIANG PANLALAWIGAN (Date received: 12 April 2011) FOR: THE HONORABLE PRESIDING OFFICER ------------------------------------------------------------------------------------------------------------------------------------Honorable Presiding Officer: 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 On 15 April 2011, City Ordinance No. 07-2011 of the City of Calapan was referred to the Committee on Laws, Ordinances and Legal Matters and Committee on Health and Sanitation of the Sangguniang Panlalawigan for review and recommendation. After careful discussion on the same, these Joint Committees have the honor to report before this August Body the following: 1. That, it is the policy of the State to protect the populace from hazardous products and promote the right to health and instill health consciousness among them. 2. That, in support of the said policy, the Congress of the Philippines enacted Republic Act No. 9211, entitled “An Act Regulating the Packaging, Use, Sale, Distribution, and Advertisements of Tobacco Products and for other purposes” also known as “The Tobacco Regulations Act of 2003”. 3. That, pursuant to the General Welfare Clause, the City of Calapan enacted an ordinance imposing ban on smoking at certain public places and business establishments as enumerated under Section 3 of City Ordinance No. 07-2011. 4. That, while the enactment of the subject ordinance was within the power of the Sangguniang Panlungsod of Calapan, and the same was passed in accordance with the procedure prescribed by law, however, compliance with other related laws, rules and regulations shall be the responsibility of the City of Calapan in the implementation of City Ordinance No. 07-2011. 5. Finally, the Joint Committees agreed to approve on committee level City Ordinance No. 07-2011 of the City of Calapan. Recommendation: Based on the foregoing premises, these Joint Committees respectfully recommend to this August Body to pass and approve a RESOLUTION APPROVING CITY ORDINANCE NO. 07-2011 OF THE CITY OF CALAPAN, subject to compliance with the finding of the Joint Committees as stated under Item No. 4 of this Joint Committee Report. (Sgd.) HON. ABRAHAM R. ABAS Chairperson Committee on Laws, Ordinances and Legal Matters (Sgd.) HON. ROMEO G. INFANTADO Chairperson Committee on Health and Sanitation (Unsigned) HON. FERDINAND THOMAS M. SOLLER Vice-Chairperson Committee on Laws, Ordinances and Legal Matters (Sgd.) HON. RYAN Z. ARAGO Vice-Chairperson Committee on Health and Sanitation MEMBERS OF THE JOINT COMMITTEES: (Sgd.) HON. CORAZON F. AGARAP (Sgd.) HON. MARTIN S. BUENAVENTURA 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 (Sgd.) HON. RAMIL O. DIMAPILIS After rendering the report, Board Member Abraham R. Abas moved for the adoption of the same. There being no objection, the Honorable Presiding Officer ruled for the adoption of the said Joint Committee Report. COMMITTEE ON LAWS, ORDINANCES AND LEGAL MATTERS COMMITTEE ON TRANSPORTATION AND COMMUNICATIONS 9. Joint Committee Report No.139-2011 of the Joint Committees of the Committee on Laws, Ordinances and Legal Matters, chaired by the Honorable Abraham R. Abas, and the Committee on Transportation and Communications, chaired by the Honorable Ferdinand Thomas M. Soller, relative to the letter dated 20 January 2011 from Mr. Allan Kristian A. Aldover, Secretary to the Sangguniang Bayan of Puerto Galera, submitting copy of Municipal Ordinance No. 2010-16 of the Municipality of Puerto Galera, entitled “An ordinance regulating motorcycle rental in the Municipality of Puerto Galera”. The following Joint Committee Report of the Joint Committees of the Committee on 22 Laws, Ordinances and Legal Matters and the Committee on Transportation and 23 Communications was rendered by the Honorable Abraham R. Abas: 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 JOINT COMMITTEE REPORT NO. 139 - 2011 ---------------------------------------------------------------------------------------------------------------------------------SUBMITTED BY: COMMITTEE ON LAWS, ORDINANCES AND LEGAL MATTERS COMMITTEE ON TRANSPORTATION AND COMMUNICATIONS SUBJECT: LETTER DATED 20 JANUARY 2011 FROM MR. ALLAN KRISTIAN A. ALDOVER, SECRETARY TO THE SANGGUNIANG BAYAN OF PUERTO GALERA, SUBMITTING COPY OF MUNICIPAL ORDINANCE NO. 2010-16 OF THE MUNICIPALITY OF PUERTO GALERA ENTITLED “AN ORDINANCE REGULATING MOTORCYCLE RENTAL IN THE MUNICIPALITY OF PUERTO GALERA” FOR REVIEW AND APPROVAL OF THE SANGGUNIANG PANLALAWIGAN (Date received: 20 January 2011) FOR: THE HONORABLE PRESIDING OFFICER ----------------------------------------------------------------------------------------------------------------------------------Honorable Presiding Officer: On 25 January 2011, Municipal Ordinance No. 2010-16 of the Municipality of Puerto Galera was referred to the Committee on Laws, Ordinances and Legal Matters and Committee on Transportation and Communications of the Sangguniang Panlalawigan for review and recommendation. Thus, after thorough review of the same, these Joint Committees have the honor to report before this Honorable Body the following: 1. Municipal Ordinance No. 2010-16 of the Municipality of Puerto Galera was enacted pursuant to Section 447 (a) (5) (v) of the Local Government Code of 1991 which grants power to the sangguniang bayan to “regulate the operation of conveyances for hire”. 2. The objective of said ordinance is to promote the safety of both the driver and passenger of motorcycles. 26 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 3. Considering that the ordinance carries a penalty clause as provided in SECTION 6 thereof, the requirements of posting and publication under Section 511 of the Local Government Code of 1991 must be fully complied with, to wit: Ordinances with penal sanctions shall be posted at prominent places in the provincial capitol, city, municipal or barangay hall, as the case may be, for a minimum period of three (3) consecutive weeks. Such ordinances shall also be published in a newspaper of general circulation, where available, within the territorial jurisdiction of the local government unit concerned, except in the case of barangay ordinances. Unless otherwise provided therein, said ordinances shall take effect on the day following its publication, or at the end of the period of posting, whichever occurs later. 4. Finally, the Joint Committees agreed that compliance with all existing and applicable laws, rules and regulations shall be the full responsibility of the Municipality of Puerto Galera in the implementation of the subject ordinance. Recommendation: Based on the foregoing premises, these Joint Committees respectfully recommend to this August Body to pass and approve a RESOLUTION APPROVING MUNICIPAL ORDINANCE NO. 2010-16 OF THE MUNICIPALITY OF PUERTO GALERA ENTITLED “AN ORDINANCE REGULATING MOTORCYCLE RENTAL IN THE MUNICIPALITY OF PUERTO GALERA” subject to compliance with the findings of the Joint Committees as stated under Items No. 3 and 4 of this Joint Committee Report. (Sgd.) HON. ABRAHAM R. ABAS Chairperson Committee on Laws, Ordinances and Legal Matters (Unsigned) HON. FERDINAND THOMAS M. SOLLER Chairperson Committee on Transportation and Communications Vice-Chairperson Committee on Laws, Ordinances and Legal Matters (Sgd.) HON. ROMEO G. INFANTADO Vice-Chairperson Committee on Transportation and Communications MEMBERS OF THE JOINT COMMITTEES (Sgd.) HON. RYAN Z. ARAGO (Sgd.) HON. MARTIN S. BUENAVENTURA (Sgd.) HON. RAMIL O. DIMAPILIS After rendering the report, Board Member Abraham R. Abas moved for the adoption of the same. There being no objection, the Honorable Presiding Officer ruled for the adoption of the said Joint Committee Report. COMMITTEE ON LAWS, ORDINANCES AND LEGAL MATTERS 27 COMMITTEE ON PEACE AND ORDER 1 2 3 4 5 6 7 8 9 10 11 12 10. Joint Committee Report No.140-2011 of the Joint Committees of the Committee on Laws, Ordinances and Legal Matters, chaired by the Honorable Abraham R. Abas, and the Committee on Peace and Order, Unification and Reconciliation, chaired by the Honorable Romeo G. Infantado, relative to the letter dated 20 January 2011 from Mr. Allan Kristian A. Aldover, Secretary to the Sangguniang Bayan of Puerto Galera, submitting copy of Municipal Ordinance No. 2010-43 of the Municipality of Puerto Galera, entitled “An ordinance prohibiting nuisance in the Municipality of Puerto Galera providing penalties for violation thereof and for other purposes”. 13 Laws, Ordinances and Legal Matters and the Committee on Peace and Order was 14 rendered by the Honorable Abraham R. Abas: 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 The following Joint Committee Report of the Joint Committees of the Committee on JOINT COMMITTEE REPORT NO. 140 - 2011 ---------------------------------------------------------------------------------------------------------------------------------SUBMITTED BY: COMMITTEE ON LAWS, ORDINANCES AND LEGAL MATTERS COMMITTEE ON PEACE AND ORDER, UNIFICATION AND RECONCILIATION SUBJECT: LETTER DATED 20 JANUARY 2011 FROM MR. ALLAN KRISTIAN A. ALDOVER, SECRETARY TO THE SANGGUNIANG BAYAN OF PUERTO GALERA, SUBMITTING COPY OF MUNICIPAL ORDINANCE NO. 2010-43 OF THE MUNICIPALITY OF PUERTO GALERA ENTITLED “AN ORDINANCE PROHIBITING NUISANCE IN THE MUNICIPALITY OF PUERTO GALERA PROVIDING PENALTIES FOR VIOLATION THEREOF AND FOR OTHER PURPOSES” FOR REVIEW AND APPROVAL OF THE SANGGUNIANG PANLALAWIGAN (Date received: 20 January 2011) FOR: THE HONORABLE PRESIDING OFFICER ---------------------------------------------------------------------------------------------------------------------------------Honorable Presiding Officer: On 25 January 2011, Municipal Ordinance No. 2010-43 of the Municipality of Puerto Galera was referred to the Committee on Laws, Ordinances and Legal Matters and Committee on Peace and Order of the Sangguniang Panlalawigan for review and recommendation. Thus, after carefully studying the same, these Joint Committees have the honor to report before this Honorable Body the following: 1. The enactment of the subject ordinance constitutes a valid exercise of the police power aimed at promoting the general welfare. Specifically, Section 16 of the Local Government Code of 1991 mandates the local government units to “promote the health and safety, improve public morals, maintain peace and order, and preserve the comfort and convenience of their inhabitants” within their respective territorial jurisdictions. 2. Considering that the ordinance carries a penalty clause as provided in SECTION 4 thereof, the requirements of posting and publication under Section 511 of the Local Government Code of 1991 must be fully complied with, to wit: Ordinances with penal sanctions shall be posted at prominent places in the provincial capitol, city, municipal or barangay hall, as the case may be, for a minimum period of three (3) consecutive weeks. Such ordinances shall also be published in a newspaper of general circulation, where available, within the territorial jurisdiction of 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 the local government unit concerned, except in the case of barangay ordinances. Unless otherwise provided therein, said ordinances shall take effect on the day following its publication, or at the end of the period of posting, whichever occurs later. 3. Finally, the Joint Committees agreed that compliance with all existing and applicable laws, rules and regulations shall be the full responsibility of the Municipality of Puerto Galera in the implementation of the subject ordinance. Recommendation: Based on the above premises, this committee respectfully recommends to this August Body to pass and approve a RESOLUTION APPROVING MUNICIPAL ORDINANCE NO. 2010-43 OF THE MUNICIPALITY OF PUERTO GALERA ENTITLED “AN ORDINANCE PROHIBITING NUISANCE IN THE MUNICIPALITY OF PUERTO GALERA PROVIDING PENALTIES FOR VIOLATION THEREOF AND FOR OTHER PURPOSES” subject to compliance with the requirements of posting and publication as provided under Section 511 of the Local Government Code of 1991. (Sgd.) HON. ABRAHAM R. ABAS Chairperson Committee on Laws, Ordinances and Legal Matters (Sgd.) HON. ROMEO G. INFANTADO Chairperson Committee on Peace and Order (Unsigned) HON. FERDINAND THOMAS M. SOLLER Vice-Chairperson Committee on Laws, Ordinances and Legal Matters (Sgd.) HON. MARTIN S. BUENAVENTURA Vice-Chairperson Committee on Peace and Order MEMBERS OF THE JOINT COMMITTEES (Sgd.) HON. RYAN Z. ARAGO (Sgd.) HON. ROBERTO L. CONCEPCION (Unsigned) HON. PATRICK M. DELA ROSA (Acting Vice-Governor) HON. RAMIL O. DIMAPILIS After rendering the report, Board Member Abraham R. Abas moved for the adoption of the same. There being no objection, the Honorable Presiding Officer ruled for the adoption of the said Joint Committee Report. COMMITTEE ON LAWS, ORDINANCES AND LEGAL MATTERS COMMITTEE ON SOCIAL SERVICES, WOMEN, CHILDREN, FAMILY RELATIONS AND ELDERLY 29 1 2 3 4 5 6 7 8 9 10 11. Joint Committee Report No.141-2011 of the Joint Committees of the Committee on Laws, Ordinances and Legal Matters, chaired by Honorable Abraham R. Abas, and the Committee on Social Services, Women, Children, Family Relations and Elderly, chaired by Honorable Corazon F. Agarap, relative to the letter dated 20 January 2011 from Mr. Allan Kristian A. Aldover, Secretary to the Sangguniang Bayan of Puerto Galera, submitting copy of Municipal Ordinance No. 2010-29 of the Municipality of Puerto Galera, entitled “An ordinance ensuring the welfare and protection of minors in the Municipality of Puerto Galera”. 11 Laws, Ordinances and Legal Matters and the Committee on Social Services, Women, 12 Children, Family Relations and Elderly was rendered by the Honorable Abraham R. Abas: 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 The following Joint Committee Report of the Joint Committees of the Committee on JOINT COMMITTEE REPORT NO. 141 - 2011 ------------------------------------------------------------------------------------------------------------------------------------SUBMITTED BY: COMMITTEE ON LAWS, ORDINANCES AND LEGAL MATTERS COMMITTEE ON SOCIAL SERVICES, WOMEN, CHILDREN, FAMILY RELATIONS AND ELDERLY SUBJECT: LETTER DATED 20 JANUARY 2011 FROM MR. ALLAN KRISTIAN A. ALDOVER, SECRETARY TO THE SANGGUNIANG BAYAN OF PUERTO GALERA, SUBMITTING COPY OF MUNICIPAL ORDINANCE NO. 2010-29 OF THE MUNICIPALITY OF PUERTO GALERA ENTITLED “AN ORDINANCE ENSURING THE WELFARE AND PROTECTION OF MINORS IN THE MUNICIPALITY OF PUERTO GALERA” FOR REVIEW AND APPROVAL OF THE SANGGUNIANG PANLALAWIGAN (Date received: 20 January 2011) FOR: THE HONORABLE PRESIDING OFFICER ------------------------------------------------------------------------------------------------------------------------------------Honorable Presiding Officer: On 25 January 2011, Municipal Ordinance No. 2010-29 was referred to the Committee on Laws, Ordinances and Legal Matters and Committee on Social Services, Women, Children, Family Relations and Elderly of the Sangguniang Panlalawigan for review and recommendation. Thus, after thorough study of the same, these Joint Committees have the honor to report before this Honorable Body the following: 1. That, it is the policy of the State as provided under Section 11, Article 11 of the Philippine Constitution, that “[T]he state values the dignity of every human person and guarantees full respect for human rights”; 2. That, likewise Section 13 of the 1987 Constitution provides that, “The State recognizes the vital role of the youth in nation-building and shall promote and protect their physical, moral, spiritual, intellectual, and social well-being”; 3. That, Section 16 (General Welfare Clause) of the RA 7160 otherwise known as the Local Government Code of 1991 states that “Every local government unit shall exercise the powers expressly granted, those necessarily implied therefrom, as well as powers necessary, appropriate, or incidental for its efficient and effective governance, and those which are essential to the promotion of the general welfare. Within their respective territorial jurisdictions, local government units hall ensure and support, among other things, the preservation and enrichment of culture, promote health and safety, enhance the right of the people to a balance ecology, encourage and support, among other things, the preservation and enrichment of culture, promote health and safety, enhance the right of the 30 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 people to a balanced ecology, encourage and support the development of appropriate and self-reliant scientific and technological capabilities, improve public morals, enhance economic prosperity and social justice, promote full employment among their residents, maintain peace and order, and preserve the comfort and convenience of their inhabitants; 4. That, the penalties provided under the subject ordinance are within the range of the penalties provided under Section 447 (a) (1) (iii) of the Local Government Code of 1991, quoted hereunder: “The Sangguniang Bayan …shall: (iii) Approve ordinances imposing a fine not exceeding Two Thousand five hundred pesos (P2,500.00) or an imprisonment for a period not exceeding six (6) months, or both in the discretion of the court, for violation of a municipal ordinance.” 5. That, considering that the ordinance carries a penalty clause, the requirements of posting and publication under Section 511 of the Local Government Code of 1991 must be fully complied with, to wit: “Ordinances with penal sanctions shall be posted at prominent places in the provincial capitol, city, municipal or barangay hall, as the case may be, for a minimum period of three (3) consecutive weeks. Such ordinances shall also be published in a newspaper of general circulation, where available, within the territorial jurisdiction of the local government unit concerned, except in the case of barangay ordinances. Unless otherwise provided therein, said ordinances shall take effect on the day following its publication, or at the end of the period of posting, whichever occurs later”. 6. Finally, while the passage of Municipal Ordinance No. 2010-029 is within the prescribed powers of the Sangguniang Bayan of Puerto Galera, however, compliance with all existing and applicable laws, rules and regulations shall be the full responsibility of the Municipality of Puerto Galera in the implementation of the subject ordinance. Recommendation: Above premises considered, these Joint Committees respectfully recommend to this Honorable Body to pass and approve a RESOLUTION APPROVING MUNICIPAL ORDINANCE NO. 2010-29 OF THE MUNICIPALITY OF PUERTO GALERA ENTITLED “AN ORDINANCE ENSURING THE WELFARE AND PROTECTION OF MINORS IN THE MUNICIPALITY OF PUERTO GALERA” subject to compliance with the findings of the Joint Committees as stated under Items No. 5 and 6 of this Joint Committee Report. (Sgd.) HON. ABRAHAM R. ABAS Chairperson Committee on Laws, Ordinances and Legal Matters (Sgd.) HON. CORAZON F. AGARAP Chairperson Committee on Social Services, Women, Children, Family Relations and Elderly (Unsigned) HON. FERDINAND THOMAS M. SOLLER Vice-Chairperson Committee on Laws, Ordinances and Legal Matters 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 (Sgd.) HON. FLOR M. DE ROXAS Chairperson Committee on Social Services, Women, Children, Family Relations and Elderly MEMBERS OF THE JOINT COMMITTEES (Sgd.) HON. RYAN Z. ARAGO (Unsigned) HON. PATRICK M. DELA ROSA (Sgd.) HON. RAMIL O. DIMAPILIS (Sgd.) HON. ROMEO G. INFANTADO (Sgd.) HON. KERNELL M. ORTEGA After rendering the report, Board Member Abraham R. Abas moved for the adoption of the same. There being no objection, the Honorable Presiding Officer ruled for the adoption of the said Joint Committee Report. 12. Joint Committee Report No.142-2011 of the Joint Committees of the Committee on Laws, Ordinances and Legal Matters, chaired by Honorable Abraham R. Abas, and the Committee on Social Services, Women, Children, Family Relations and Elderly, chaired by Honorable Corazon F. Agarap, relative to the letter dated 20 January 2011 from Mr. Allan Kristian A. Aldover, Secretary to the Sangguniang Bayan of Puerto Galera, submitting copy of Municipal Ordinance No. 2010-032 of the Municipality of Puerto Galera, entitled “An ordinance enacting the Gender and Development (GAD) Code of the Municipality of Puerto Galera, Oriental Mindoro and mandating the implementation of a comprehensive and sustainable GAD Program”. The following Joint Committee Report of the Joint Committees of the Committee on 34 Laws, Ordinances and Legal Matters and the Committee on Social Services, Women, 35 Children, Family Relations and Elderly was rendered by the Honorable Abraham R. Abas: 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 JOINT COMMITTEE REPORT NO. 142 - 2011 -----------------------------------------------------------------------------------------------------------------------------------SUBMITTED BY: COMMITTEE ON LAWS, ORDINANCES AND LEGAL MATTERS COMMITTEE ON SOCIAL SERVICES, WOMEN, CHILDREN, FAMILY RELATIONS AND ELDERLY SUBJECT: LETTER DATED 20 JANUARY 2011 FROM MR. ALLAN KRISTIAN A. ALDOVER, SECRETARY TO THE SANGGUNIANG BAYAN OF PUERTO GALERA, SUBMITTING COPY OF MUNICIPAL ORDINANCE NO. 2010-32 OF THE MUNICIPALITY OF PUERTO GALERA ENTITLED “AN ORDINANCE ENACTING THE GENDER AND DEVELOPMENT AND DEVELOPMENT (GAD) CODE OF THE MUNICIPALITY OF PUERTO GALERA, ORIENTAL MINDORO AND MANDATING THE IMPLEMENTATION OF A COMPREHENSIVE AND SUSTAINABLE GAD PROGRAM” (Date received: 20 January 2011) FOR: THE HONORABLE PRESIDING OFFICER ------------------------------------------------------------------------------------------------------------------------------------ 32 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 Honorable Presiding Officer: On 25 January 2011, Municipal Ordinance No. 2010-32 was referred to the Committee on Laws, Ordinances and Legal Matters and Committee on Social Services, Women, Children, Family Relations and Elderly of the Sangguniang Panlalawigan for review and recommendation. Thus, after thorough study of the same, these Joint Committees have the honor to report before this Honorable Body the following: 1. That, it is the policy of the State as provided under Section 14, Article 11 of the 1987 Philippine Constitution that “The state recognizes the role of women in nation-building, and shall ensure the fundamental equality before the law of women and men”. 2. That, Section 16 (General Welfare Clause) of the same code states that “Every local government unit shall exercise the powers expressly granted, those necessarily implied there from, as well as powers necessary, appropriate, or incidental for its efficient and effective governance, and those which are essential to the promotion of the general welfare. Within their respective territorial jurisdictions, local government units hall ensure and support, among other things, the preservation and enrichment of culture, promote health and safety, enhance the right of the people to a balance ecology, encourage and support, among other things, the preservation and enrichment of culture, promote health and safety, enhance the right of the people to a balanced ecology, encourage and support the development of appropriate and self-reliant scientific and technological capabilities, improve public morals, enhance economic prosperity and social justice, promote full employment among their residents, maintain peace and order, and preserve the comfort and convenience of their inhabitants; 3. That, the penalties provided under the subject ordinance are within the range of the penalties provided under Section 447 (a) (1) (iii) of the Local Government Code of 1991, quoted hereunder: The Sangguniang Bayan …shall: (iii) Approve ordinances imposing a fine not exceeding Two Thousand five hundred pesos (P2,500.00) or an imprisonment for a period not exceeding six (6) months, or both in the discretion of the court, for violation of a municipal ordinance. 4. Considering that the ordinance carries a penalty clause, the requirements of posting and publication under Section 511 of the Local Government Code of 1991 must be fully complied with, to wit: “Ordinances with penal sanctions shall be posted at prominent places in the provincial capitol, city, municipal or barangay hall, as the case may be, for a minimum period of three (3) consecutive weeks. Such ordinances shall also be published in a newspaper of general circulation, where available, within the territorial jurisdiction of the local government unit concerned, except in the case of barangay ordinances. Unless otherwise provided therein, said ordinances shall take effect on the day following its publication, or at the end of the period of posting, whichever occurs later”. 5. That, while the passage of Municipal Ordinance No. 2010-032 was within the power of the sangguniang bayan concerned, however, compliance with all existing and applicable laws, rules and regulations shall be the full responsibility of the Municipality of Puerto Galera in the implementation of the said ordinance. Recommendation: 33 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 Above premises considered, these Joint Committees respectfully recommend to this Honorable Body to pass and approve a RESOLUTION APPROVING MUNICIPAL ORDINANCE NO. 2010-32 OF THE MUNICIPALITY OF PUERTO GALERA ENTITLED “AN ORDINANCE ENACTING THE GENDER AND DEVELOPMENT AND DEVELOPMENT (GAD) CODE OF THE MUNICIPALITY OF PUERTO GALERA, ORIENTAL MINDORO AND MANDATING THE IMPLEMENTATION OF A COMPREHENSIVE AND SUSTAINABLE GAD PROGRAM” subject to compliance with the findings of the Joint Committees as stated under Items No. 4 and 5 of this Joint Committee Report. (Sgd.) HON. ABRAHAM R. ABAS Chairperson Committee on Laws, Ordinances and Legal Matters (Sgd.) HON. CORAZON F. AGARAP Chairperson Committee on Social Services, Women, Children, Family Relations and Elderly (Unsigned) HON. FERDINAND THOMAS M. SOLLER Vice-Chairperson Committee on Laws, Ordinances and Legal Matters (Sgd.) HON. FLOR M. DE ROXAS Chairperson Committee on Social Services, Women, Children, Family Relations and Elderly MEMBERS OF THE JOINT COMMITTEES (Sgd.) HON. RYAN Z. ARAGO (Sgd.) HON. PATRICK M. DELA ROSA (Sgd.) HON. RAMIL O. DIMAPILIS (Sgd.) HON. ROMEO G. INFANTADO (Sgd.) HON. KERNELL M. ORTEGA After rendering the report, Board Member Abraham R. Abas moved for the adoption of the same. There being no objection, the Honorable Presiding Officer ruled for adoption of the said Joint Committee Report. COMMITTEE ON LAWS, ORDINANCES AND LEGAL MATTERS COMMITTEE ON AGRICULTURE 13. Joint Committee Report No. 143-2011 of the Joint Committees of the Committee on Laws, Ordinances and Legal Matters, chaired by Honorable Abraham R. Abas, and the Committee on Agriculture, chaired by Honorable Roberto L. Concepcion, relative to letter dated 16 May 2011 from Honorable Humerlito A. Dolor, Acting Provincial Governor, requesting for the passage of a resolution authorizing him to enter into Memorandum of Agreement (MOA) on the establishment of Central Bangus Hatchery Development Program for Oriental Mindoro, with the Bureau of Fisheries (BFAR) 34 1 2 3 4 5 6 7 represented by Dir. Emmanuel H. Asis, Mindoro State College of Agriculture and Technology (MINSCAT) represented by its President, Dr. Jesse T. Zamora, the Local Government Unit of Bongabong represented by Mayor Hercules A. Umali, and Congressional Office of the Second District of Oriental Mindoro represented by Congressman Reynaldo V. Umali. 8 Laws, Ordinances and Legal Matters and the Committee on Agriculture was rendered by 9 Board Member Abraham R. Abas: 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 The following Joint Committee Report of the Joint Committees of the Committee on JOINT COMMITTEE REPORT NO. 143 - 2011 -----------------------------------------------------------------------------------------------------------------------------------SUBMITTED BY: COMMITTEE ON LAWS, ORDINANCES AND LEGAL MATTERS COMMITTEE ON AGRICULTURE SUBJECT: LETTER DATED 16 MAY 2011 FROM HON. HUMERLITO A. DOLOR, ACTING PROVINCIAL GOVERNOR, REQUESTING FOR THE PASSAGE OF SP RESOLUTION AUTHORIZING HIM TO ENTER INTO MEMORANDUM OF AGREEMENT (MOA) ON THE ESTABLISHMENT OF CENTRAL BANGUS HATCHERY DEVELOPMENT PROGRAM FOR ORIENTAL MINDORO, WITH THE BUREAU OF FISHERIES (BFAR) REPRESENTED BY DIR. EMMANUEL H. ASIS, MINDORO STATE COLLEGE OF AGRICULTURE AND TECHNOLOGY (MinSCAT) REPRESENTED BY ITS PRESIDENT, DR. JESSE T. ZAMORA, THE LOCAL GOVERNMENT UNIT OF BONGABONG REPRESENTED BY MAYOR HERCULES A. UMALI, AND CONGRESSIONAL OFFICE OF THE SECOND DISTRICT OF ORIENTAL MINDORO REPRESENTED BY CONGRESSMAN REYNALDO V. UMALI (Date received: 17 May 2011) FOR: THE HONORABLE PRESIDING OFFICER ----------------------------------------------------------------------------------------------------------------------------------Honorable Presiding Officer: On 19 May 2011, the subject Memorandum of Agreement was referred to the Committee on Laws, Ordinances and Legal Matters and Committee on Agriculture of the Sangguniang Panlalawigan for review and recommendation. Thus, upon careful discussion of the same, including all documents attached therewith, these Joint Committees have the honor to report before this Honorable Body the following: 1. Section 465, (b) (1) (vi) of the Local Government Code of 1991 grants power to the Provincial Governor to “Represent the province in all its business transactions and sign in its behalf all bonds, contracts, and obligations, and such other documents upon authority of the sangguniang panlalawigan or pursuant to law or ordinance”. 2. Section 17 of the Local Government Code of 1991 states that one of the basic services and facilities which the province must provide is the provision of agricultural extension and on-site research services and facilities which include the . . . animal breeding stations, among others, as well as the transfer of appropriate technology. 3. That, BFAR-Regional Field Office maintains an experimental station at Naujan, Oriental Mindoro, which can provide the needed bangus breeder for the proposed Central Bangus Hatchery at MinSCAT-Bongabong Campus that can supply the increasing demand for bangus fry fishpond operators in the area. 35 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 4. That, the Memorandum of Agreement should contain a stipulation that the Central Bangus Hatchery and all improvements that will be introduced by BFAR thereon during the entire duration of the MOA shall become the property of MinSCAT – Bongabong Campus after termination of the MOA. 5. That, aside from the provision of available resources and services that will ensure effective implementation of the hatchery project, the allocation of funds for the PGOM staff in providing technical assistance and other related activities thereon, and the provision of other equipment such as backhoe relevant to the construction and implementation of the project, no extra/additional fund shall be disbursed by the Provincial Government of Oriental Mindoro (PGOM) in the implementation of the subject MOA. 6. That, said Memorandum of Agreement (MOA) was reviewed by Atty. Kristine Grace L. Suarez, Provincial Legal Officer, and she certified that the same was in conformity with law, public order and public policy. Recommendation: Based on the above premises, these Joint Committees respectfully recommend to this August Body to pass and approve a RESOLUTION AUTHORIZING THE HONORABLE HUMERLITO A. DOLOR, ACTING PROVINCIAL GOVERNOR, TO ENTER INTO MEMORANDUM OF AGREEMENT (MOA) ON THE ESTABLISHMENT OF CENTRAL BANGUS HATCHERY DEVELOPMENT PROGRAM FOR ORIENTAL MINDORO, WITH THE BUREAU OF FISHERIES (BFAR) REPRESENTED BY DIR. EMMANUEL H. ASIS, MINDORO STATE COLLEGE OF AGRICULTURE AND TECHNOLOGY (MinSCAT) REPRESENTED BY ITS PRESIDENT, DR. JESSE T. ZAMORA, THE LOCAL GOVERNMENT UNIT OF BONGABONG REPRESENTED BY MAYOR HERCULES A. UMALI, AND CONGRESSIONAL OFFICE OF THE SECOND DISTRICT OF ORIENTAL MINDORO REPRESENTED BY CONGRESSMAN REYNALDO V. UMALI subject to the conditions stated under Items No. 4 and 5 of this Joint Committee Report. (Sgd.) HON. ABRAHAM R. ABAS Chairperson Committee on Laws, Ordinances and Legal Matters (Sgd.) HON. ROBERTO L. CONCEPCION Chairperson Committee on Agriculture (Unsigned) HON. FERDINAND THOMAS M. SOLLER Vice-Chairperson Committee on Laws, Ordinances and Legal Matters (Sgd.) HON. ROMEO G. INFANTADO Vice-Chairperson Committee on Agriculture MEMBERS OF THE JOINT COMMITTEES (Sgd.) HON. CORAZON F. AGARAP (Sgd.) HON. RYAN Z. ARAGO (Acting Vice-Governor) HON. RAMIL O. DIMAPILIS 36 1 2 3 4 5 After rendering the report, Board Member Abraham R. Abas moved for the adoption of the same. There being no objection, the Honorable Presiding Officer ruled for the adoption of the said Joint Committee Report. 6 7 Upon motion of the Honorable Floor Leader, the Honorable Presiding Officer 8 declared a recess at 2:25 in the afternoon. 9 resumed. 10 11 12 13 14 15 16 17 18 At 2:52 in the afternoon, the Session was 14. Joint Committee Report No. 144-2011 of the Joint Committees of the Committee on Ways and Means, chaired by Hon. Roberto L. Concepcion, and Committee on Laws, Ordinances & Legal Matters, chaired by Hon. Abraham R. Abas, relative to Proposed Ordinance No. 03-2011, entitled “An ordinance adopting the new schedule of fair market values of lands and improvements as well as buildings thereon in the Province of Oriental Mindoro, and for other purposes”. The following Joint Committee Report of the Joint Committees of the Committee on 19 Ways and Means and the Committee on Laws, Ordinances and Legal Matters was verbally 20 rendered by the Honorable Roberto L. Concepcion: 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 COMMITTEE REPORT NO. 144-2011 ------------------------------------------------------------------------------------------------------------------------------------Dear Honorable Presiding Officer: My dear Colleagues, I would like to offer an oral Committee Report regarding the Proposed Ordinance adopting the new schedule of fair market values of lands and improvements as well as buildings thereon in the Province of Oriental Mindoro, and for other purposes. We have conducted public hearings. As regards the First District’ municipalities, we conducted the hearing at the SP Lounge Area, Provincial Capitol Complex, Calapan City, and for the Second District, we have conducted the hearing at the Municipality of Bongabong. During those series of hearings, we have found out that most of the municipalities were in consonance with the agenda of the Provincial Government regarding the adjustment of the Schedule of Fair Market Values within the province. They have agreed and they were willing to adjust the Fair Market Values. In addition, they were also requesting for the enactment a tax amnesty ordinance for the condonation of interest and surcharges of tax delinquencies. Notably, during the deliberation of the Members of the Joint Committees, it was agreed upon that the uniform increase of fifty percent (50%) shall be applied based on the current fair market values authorized per 2006 general revision of assessment. The said increase shall be applied to all municipalities regardless of income classifications. With that, the Joint Committees of the Committee on Ways and Means and the Committee on Laws, Ordinances and Legal Matters, would like to submit this report and we move for the inclusion of this ordinance for second reading. Further, we would like to recommend that an “Ordinance adopting the New Schedule of Fair Market Values of 37 1 2 3 4 Lands and improvements as well as buildings thereon in the Province of Oriental Mindoro and for other purposes” be adopted. 5 adoption of the same. 6 7 8 9 10 11 12 13 14 15 16 After rendering the report, Board Member Roberto L. Concepcion moved for the There being no objection, the Honorable Presiding Officer ruled for the adoption of the said Joint Committee Report. 15. Joint Committee Report NO. 145-2011 of the Joint Committees of the Committee on Laws, Ordinances & Legal Matters, chaired by Hon. Abraham R. Abas, and Committee on Ways & Means, chaired by Hon. Roberto L. Concepcion, relative to Proposed Ordinance No. 06-2011, entitled “Ordinance declaring real property tax amnesty on all lands and other real property situated within the territorial jurisdiction of the Province of Oriental Mindoro, providing exceptions thereof and for other purposes”. The following Joint Committee Report of the Joint Committees of the Committee on 17 Laws, Ordinances and Legal Matters and the Committee on Ways and Means was 18 rendered Board Member Roberto L. Concepcion: 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 JOINT COMMITTEE REPORT NO. 145 – 2011 ------------------------------------------------------------------------------------------------------------------------------------SUBMITTED BY: COMMITTEE ON LAWS, ORDINANCES AND LEGAL MATTERS COMMITTEE ON WAYS AND MEANS SUBJECT: PROPOSED PROVINCIAL ORDINANCE NO. 06-2011, ENTITLED “ORDINANCE DECLARING REAL PROPERTY TAX AMNESTY ON ALL LAND AND OTHER REAL PROPERTY SITUATED WITHIN THE TERRITORIAL JURISDICTION OF THE PROVINCE OF ORIENTAL MINDORO, PROVIDING EXCEPTIONS THEREOF AND FOR OTHER PURPOSES” FOR: THE HONORABLE PRESIDING OFFICER ------------------------------------------------------------------------------------------------------------------------------------Honorable Presiding Officer: On 5 May 2011, Proposed Provincial Ordinance No. 06-2011 was referred to the Committee on Laws, Ordinances and Legal Matters and Committee on Ways and Means of the Sangguniang Panlalawigan for review and recommendation. After careful review of the provisions of said ordinance, during the conduct of public hearing held on 6 May 2011 at the SP Lounge Area, Capitol Complex, Calapan City and on 27 May 2011 at Brgy. Aplaya, Bongabong, Oriental Mindoro, these Joint Committees have the honor to report before this August Body the following: 1. Section 129 of the Local Government Code of 1991 provides that “Local government units may, through an ordinance duly approved, grant tax exemptions, incentives or reliefs under such terms and conditions as they may deem necessary”. 2. According to Ms. Paz P .Fortunato, Provincial Treasurer, the grand total of delinquencies for the entire province, with the exception of Calapan City, as of December 2010 is 82,200,697.87 million pesos, broken down as follows: 2.1. 24,855,643.33 representing basic tax 2.2. 24,855,643.33 representing special education fund tax, and 38 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 2.3. 30,392,196.66 representing penalty 3. Under Section 5. Kind and Extent of Tax Amnesty or Relief, the Joint Committees are in one position that the percentage of condonation shall be full (100%), irrespective of the number of years of delinquency. 4. All penalties shall be condoned only upon lump sum payment of total basic and special education fund taxes. In relation to those who cannot pay lump sum as called for by the proposed ordinance, Ms. Paz P. Fortunato suggested to include a provision concerning compromise agreement. 5. After the tax amnesty period which shall commence from 1 July 2011 up to 31 December 2011, the delinquent real properties shall go through the normal course of enforcing tax collection which is through public auction. Recommendation: Above premises considered, these Joint Committees respectfully recommend to this August Body to pass and approve Provincial Ordinance No. 06-2011, entitled “Ordinance declaring real property tax amnesty on all lands and other real property situated within the territorial jurisdiction of the Province of Oriental Mindoro, providing exceptions thereof and for other purposes”, subject to the findings of the Joint Committees and suggestion of the Provincial Treasurer mentioned in this Joint Committee Report. (Sgd.) HON. ABRAHAM R. ABAS Chairperson Committee on Laws, Ordinances and Legal Matters (Sgd.) HON. ROBERTO L. CONCEPCION Chairperson Committee on Ways and Means (Unsigned) HON. FERDINAND THOMAS M. SOLLER Vice-Chairperson Committee on Laws, Ordinances and Legal Matters Committee on Ways and Means MEMBERS OF THE JOINT COMMITTEES: (Sgd.) HON. RYAN Z. ARAGO (Sgd.) HON. MARTIN S. BUENAVENTURA (Sgd.) HON. RAMIL O. DIMAPILIS (Sgd.) HON. ROMEO G. INFANTADO After rendering the report, Board Member Roberto L. Concepcion moved for the adoption of the same. There being no objection, the Honorable Presiding Officer ruled for the adoption of the said Committee Report. 53 39 1 For reason that he was not feeling well, the Honorable Presiding Officer Perfecto M. 2 Dela Rosa again relinquished his chair to the Honorable Roberto L. Concepcion, and left 3 the Session Hall. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 XI. CALENDAR OF BUSINESS A. B. UNFINISHED BUSINESS BUSINESS FOR THE DAY SECOND READING 1. Resolution approving Supplemental Budget No. 1 of the Municipality of Gloria, amounting to Six Million Eight Hundred Forty-Five Thousand Three Hundred Twenty-Three Pesos and 91/100 (P6,845,323.91), passed under Appropriation Ordinance No. 01, series of 2011 dated 28 March 2011. Board Member Romeo G. Infantado and Board Member Martin S. Buenaventura 18 jointly moved for the passage of a resolution approving Supplemental Budget No. 1 of the 19 Municipality of Gloria, amounting to Six Million Eight Hundred Forty-Five Thousand Three 20 Hundred Twenty-Three Pesos and 91/100 (P6,845,323.91), passed under Appropriation 21 Ordinance No. 01, series of 2011 dated 28 March 2011, subject to the conditions stipulated 22 in the Committee Report on second reading and that the same be calendared for third 23 reading. 24 25 26 27 28 29 30 31 32 33 34 Board Member Corazon F. Agarap and Board Member Ryan Z. Arago jointly seconded the motion. There being no objection, the motion was approved on second reading and calendared the same on third reading. 2. Resolution approving Supplemental Budget No. 1 of the Municipality of San Teodoro, amounting to Four Million Three Hundred Seventy-Eight Thousand Eighty-Eight Pesos and 17/100 (P4,378,088.17), passed under Appropriation Ordinance No. 1-2011 dated 11 April 2011. Board Member Romeo G. Infantado, Board Member Ryan Z. Arago, Board Member 35 Abraham R. Abas and Board Member Kernell M. Ortega jointly moved for the passage of a 36 resolution approving Supplemental Budget No. 1 of the Municipality of San Teodoro, 37 amounting to Four Million Three Hundred Seventy-Eight Thousand Eighty-Eight Pesos and 38 17/100 (P4,378,088.17), passed under Appropriation Ordinance No. 1-2011 dated 11 April 39 2011, subject to the conditions stipulated in the Committee Report on second reading and 40 that the same be calendared for third reading. 41 42 43 44 Board Member Flor M. De Roxas and Board Member Gideon B. Abuel jointly seconded the motion. There being no objection, the motion was approved on second reading and calendared the same on third reading. 45 40 1 2 3 4 5 3. Resolution approving Municipal Ordinance No. 2010-02, entitled “An ordinance creating the Municipal Housing Board of San Teodoro, Oriental Mindoro, defining its functions pursuant to Executive Order No. 708, series of 2008 and for other purposes”. 6 Municipal Ordinance No. 2010-02, entitled “An ordinance creating the Municipal Housing 7 Board of San Teodoro, Oriental Mindoro, defining its functions pursuant to Executive Order 8 No. 708, series of 2008 and for other purposes”, subject to the conditions stipulated in the 9 Committee Report, on second reading and that the same be calendared for third reading. Board Member Abraham R. Abas moved for the passage of a resolution approving 10 Board Member Ryan Z. Arago duly seconded the motion. 11 There being no objection, the motion was approved on second reading and 12 13 14 15 16 17 18 19 calendared the same on third reading. 4. Resolution approving Municipal Ordinance No. 2010-052 of the Municipality of Puerto Galera, entitled “An ordinance adopting the coding scheme in the schedule of renewal of business permit in the Municipality of Puerto Galera, Oriental Mindoro and providing incentives thereof”. Board Member Abraham R. Abas moved for the passage of a resolution approving 20 Municipal Ordinance No. 2010-052 of the Municipality of Puerto Galera, entitled “An 21 ordinance adopting the coding scheme in the schedule of renewal of business permit in 22 the Municipality of Puerto Galera, Oriental Mindoro and providing incentives thereof”, 23 subject to the conditions stipulated in the Committee Report, on second reading and that 24 the same be calendared for third reading. 25 Board Member Ryan Z. Arago duly seconded the motion. 26 There being no objection, the motion was approved on second reading and 27 28 29 30 31 32 33 34 calendared the same on third reading. 5. Resolution approving Municipal Ordinance No. 2011-013, entitled “An ordinance imposing service fee on the application for authenticated copies of various civil registry documents at the Municipal Civil Registrar’s Office of the Municipality of Pola, Province of Oriental Mindoro”, subject to the conditions stipulated in the Committee Report. Board Member Abraham R. Abas moved for the passage of a resolution approving 35 Municipal Ordinance No. 2011-013, entitled “An ordinance imposing service fee on the 36 application for authenticated copies of various civil registry documents at the Municipal 37 Civil Registrar’s Office of the Municipality of Pola, Province of Oriental Mindoro”, subject to 38 the conditions stipulated in the Committee Report, on second reading and that the same 39 be calendared for third reading. 40 Board Member Ryan Z. Arago duly seconded the motion. 41 There being no objection, the motion was approved on second reading and 42 calendared the same on third reading. 43 41 1 2 3 4 5 6. Resolution approving Municipal Ordinance No. 29, series of 2011, of the Municipality of Bansud, entitled “An ordinance requiring all business establishment owners/operators to register their employees/workers at Philippine Health Insurance Corporation”. 6 Municipal Ordinance No. 29, series of 2011, of the Municipality of Bansud, entitled “An 7 ordinance 8 employees/workers at Philippine Health Insurance Corporation”, subject to the conditions 9 stipulated in the Joint Committee Report, on second reading and that the same be 10 Board Member Abraham R. Abas moved for the passage of a resolution approving requiring all business establishment owners/operators to register their calendared for third reading. 11 Board Member Ryan Z. Arago duly seconded the motion. 12 There being no objection, the motion was approved on second reading and 13 14 15 16 17 18 19 20 21 calendared the same on third reading. 7. Resolution approving City Ordinance No. 07-2011, entitled “An ordinance amending sections 1, 2, 3, 4, 5, 6, 7, and 8 of the City Ordinance No. 13-04, Resolution No. 311, An ordinance prohibiting smoking in specified places to protect the health and welfare of smokers and non-smokers in the City of Calapan, subject to the conditions stipulated in the Joint Committee Report. Board Member Abraham R. Abas moved for the passage of a resolution approving 22 City Ordinance No. 07-2011, entitled “An ordinance amending sections 1, 2, 3, 4, 5, 6, 7, 23 and 8 of the City Ordinance No. 13-04, Resolution No. 311, An ordinance prohibiting 24 smoking in specified places to protect the health and welfare of smokers and non-smokers 25 in the City of Calapan, subject to the conditions stipulated in the Joint Committee Report 26 on second reading and that the same be calendared for third reading. 27 Board Member Ryan Z. Arago duly seconded the motion. 28 Board Member Martin S. Buenaventura manifested his objection to the motion. He 29 argued that while he recognized the authority of the Sangguniang Panlungsod of Calapan 30 City, he objected the approval of the said ordinance because the smokers have the rights 31 too. He quoted the following whereas clauses of the ordinance, to wit: “In support of the said policy, the Congress of the Philippines enacted Republic Act No. 9211 entitled “An act regulating the packaging, use, sale, distribution and advertisement of tobacco product and for other purposes, also known as the Tobacco Regulation Act of 2003”, and 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 He said that the ordinance focuses mainly on the users while the manufacturers and the 48 sellers were not touched in the same. “Whereas, scientific evidence has shown that second hand smoke kills and there are no safety level of exposure to second hand smoke and that even… period of exposure are harmful. Whereas, an increasing number of Filipinos, our constituents, dying… caused by the smoking and second hand smoke such as stroke, heart disease, lung disease, various work of cancers and health issues due to tobacco……. productivity loses and contribute significantly in the loss of income and poverty”. He contended that while the Members of the 42 1 Sangguniang Panlalawigan want that the City be successful in its goal to make Calapan a 2 smoke-free City; however, it cannot happen if there are stalls selling cigarettes. He opined 3 that the ordinance focused more on the users and not on the main sources of the 4 tobacco, which are the manufacturers and the sellers. 5 The Honorable Temporary Presiding Officer narrated that during his incumbency, as 6 Member of the Sangguniang Panlungsod, the City Board regulated the same tobacco 7 products by virtue of an ordinance and, with that, minors could hardly buy cigarettes. 8 Board Member Abraham R. Abas stressed that the Sangguniang Panlalawigan 9 cannot question the wisdom of the Sangguniang Panlungsod in the enactment of the said 10 ordinance. According to him, it would be the intention of the City Board to regulate only 11 the use of said tobacco products in public places, as the said LGU’s vision is to become a 12 Discipline City. He explained that the city ordinance did not prohibit smoking but only 13 regulate; thus, it was valid. He also emphasized that the ordinance provides for smoking 14 areas. 15 While in accord with the manifestation of the Honorable Abraham R. Abas that the 16 Sangguniang Panlalawigan cannot question the wisdom of the Sangguniang Panlungsod, 17 Board Member Martin S. Buenaventura pointed out that the regulation was overwhelming 18 due to the fact that even the streets of J.P. Rizal, from Sto. Niño Cathedral to Lalud, 19 Leuterio, Del Pilar, Juan Luna, San Agustin, Bonifacio Drive, and the City Plaza have been 20 included as no smoking areas despite of the fact that those are open spaces. He also 21 questioned the inclusion of cockpit arena as no smoking area, since according to him, the 22 same has been frequented by smokers. He then reiterated his objection for the approval 23 of the said ordinance. 24 The Honorable Romeo G. Infantado manifested that the Sangguniang 25 Panlalawigan’s legislative powers, aside from the enactment of an ordinance and 26 passage of a resolution, are limited only on three aspects; first, hearing of administrative 27 cases; second, resolution of boundary disputes; and third, and most important of all, is the 28 review of ordinances and resolutions of the local government units of the province. He 29 explained that in the review of the ordinances the Sangguniang Panlalawigan’s action 30 should be to approve or to disapprove the same. On a physician’s point of view, he 31 affirmed the ill-effects of tobacco products on people’s health. He opined that even the 32 smokers would be benefited by the ordinance as it would delimit the occasion and places 33 for them to take said vice. He firmly stand that there is no law that the ordinance violates; 34 hence, the Sangguniang Panlalawigan cannot disapprove the same. 35 36 37 38 For reason that views were already raised in the floor, the Honorable Ryan Z. Arago moved that the said matter be put to vote. Prior to his ruling on the said motion, the Honorable Temporary Presiding Officer recognized the Honorable Gideon B. Abuel. 43 1 The Honorable Gideon B. Abuel expounded the terms prohibition and regulation. It 2 can be notice, he said, that the ordinance prohibits smoking only on certain places, thus 3 providing opportunities for smokers to smoke on other places, particularly on designated 4 smoking areas. 5 prohibited in specified areas, and this is so because, according to him, the City of Calapan 6 is heading towards a Discipline City. As an abiding citizen and being a smoker himself, he 7 said that he will follow the said ordinance. 8 prohibition of smoking in public places as it does not only protecting the health and 9 welfare of smokers but also the non-smokers. As such, he said that the freedom to smoke remains there but only For him, there is nothing wrong with the 10 Taking the argument of Board Member Martin S. Buenventura regarding the 11 inclusions of public places in the ordinance, the Honorable Ramil O. Dimapilis argued that 12 those mentioned places were frequented by the public, not only smokers but non-smokers 13 as well. While he also recognized the rights of an individual, the Gentleman from Roxas 14 said that the ordinance is adhering to the general welfare principle. He also emphasized 15 that the ordinance is not ultra vires and that the prohibition stipulated in the same is within 16 the bounds of law. 17 18 19 20 Upon reiteration of the motion of the Honorable Ryan Z. Arago, the Honorable Temporary Presiding Officer then ruled that the matter be put to vote. The following voted for the approval of the subject city ordinance on second reading: 21 22 23 24 25 26 27 Hon. Abraham R. Abas Hon. Corazon F. Agarap Hon. Roberto L. Concepcion Hon. Ramil O. Dimapilis Hon. Gideon B. Abuel Hon. Kernell M. Ortega 28 On the other hand, only Board Member Martin S. Buenaventura voted against the 29 Hon. Gideon B. Abuel Hon. Ryan Z. Arago Hon. Flor M. De Roxas Hon. Romeo G. Infantado Hon. Alfredo R. Viaña approval of the said legislative measure of the City of Calapan. 30 Thus, with eleven (11) votes against one (1), the City Ordinance No. 07-2011, entitled 31 “An ordinance amending sections 1, 2, 3, 4, 5, 6, 7, and 8 of the City Ordinance No. 13-04, 32 Resolution No. 311, An ordinance prohibiting smoking in specified places to protect the 33 health and welfare of smokers and non-smokers in the City of Calapan, subject to the 34 conditions stipulated in the Joint Committee Report, was approved on second reading 35 and the same was calendared on third reading. 36 37 38 39 40 41 42 43 8. Resolution approving Municipal Ordinance No. 2010-16 of the Municipality of Puerto Galera, entitled “An ordinance regulating motorcycle rental in the Municipality of Puerto Galera”. Board Member Abraham R. Abas moved for the passage of a resolution approving Municipal Ordinance No. 2010-16 of the Municipality of Puerto Galera, entitled “An 44 1 ordinance regulating motorcycle rental in the Municipality of Puerto Galera”, subject to 2 the conditions stipulated in the Joint Committee Report on second reading and that the 3 same be calendared for third reading. 4 Board Member Ryan Z. Arago duly seconded the motion. 5 There being no objection, the motion was approved on second reading and 6 7 8 9 10 11 12 calendared the same on third reading. 9. Resolution approving Municipal Ordinance No. 2010-43 of the Municipality of Puerto Galera, entitled “An ordinance prohibiting nuisance in the Municipality of Puerto Galera providing penalties for violation thereof and for other purposes”. Board Member Abraham R. Abas moved for the passage of a resolution approving 13 Municipal Ordinance No. 2010-43 of the Municipality of Puerto Galera, entitled “An 14 ordinance prohibiting nuisance in the Municipality of Puerto Galera providing penalties for 15 violation thereof and for other purposes”, subject to the conditions stipulated in the Joint 16 Committee Report, on second reading and that the same be calendared for third reading. 17 Board Member Ryan Z. Arago duly seconded the motion. 18 There being no objection, the motion was approved on second reading and 19 20 21 22 23 24 25 calendared the same on third reading. 10. Resolution approving Municipal Ordinance No. 2010-29 of the Municipality of Puerto Galera, entitled “An ordinance ensuring the welfare and protection of minors in the Municipality of Puerto Galera”. Board Member Abraham R. Abas moved for the passage of a resolution approving 26 Municipal Ordinance No. 2010-29 of the Municipality of Puerto Galera, entitled “An 27 ordinance ensuring the welfare and protection of minors in the Municipality of Puerto 28 Galera”, subject to the conditions stipulated in the Joint Committee Report, on second 29 reading and that the same be calendared for third reading. 30 Board Member Ryan Z. Arago duly seconded the motion. 31 There being no objection, the motion was approved on second reading and 32 33 34 35 36 37 38 39 40 calendared the same on third reading. 11. Resolution approving Municipal Ordinance No. 2010-032 of the Municipality of Puerto Galera, entitled “An ordinance enacting the Gender and Development (GAD) Code of the Municipality of Puerto Galera, Oriental Mindoro and mandating the implementation of a comprehensive and sustainable GAD Program”, subject to the conditions stipulated in the Joint Committee Report. Board Member Abraham R. Abas moved for the passage of a resolution approving 41 Municipal Ordinance No. 2010-032 of the Municipality of Puerto Galera, entitled “An 42 ordinance enacting the Gender and Development (GAD) Code of the Municipality of 43 Puerto Galera, Oriental Mindoro and mandating the implementation of a comprehensive 44 and sustainable GAD Program”, subject to the conditions stipulated in the Joint Committee 45 Report, on second reading and that the same be calendared for third reading. 45 1 Board Member Ryan Z. Arago duly seconded the motion. 2 There being no objection, the motion was approved on second reading and 3 4 5 6 7 8 9 10 11 12 13 14 15 calendared the same on third reading. 12. Resolution authorizing the Honorable Humerlito A. Dolor, in his capacity as Acting Provincial Governor, to enter into Memorandum of Agreement (MOA), on behalf of the Provincial Government of Oriental Mindoro, with the Bureau of Fisheries and Aquatic Resources (BFAR), represented by Dir. Emmanuel H. Asis; Mindoro State College of Agriculture and Technology (MINSCAT), represented by its President, Dr. Jesse T. Zamora; the Local Government Unit of Bongabong, represented by Mayor Hercules A. Umali; and, Congressional Office of the Second District of Oriental Mindoro, represented by Congressman Reynaldo V. Umali, relative to the establishment of Central Bangus Hatchery Development Program for the Province of Oriental Mindoro. Board Member Abraham R. Abas moved for the passage of a resolution authorizing 16 the Honorable Humerlito A. Dolor, in his capacity as Acting Provincial Governor, to enter 17 into Memorandum of Agreement (MOA), on behalf of the Provincial Government of 18 Oriental Mindoro, with the Bureau of Fisheries and Aquatic Resources (BFAR), represented 19 by Dir. Emmanuel H. Asis; Mindoro State College of Agriculture and Technology (MINSCAT), 20 represented by its President, Dr. Jesse T. Zamora; the Local Government Unit of 21 Bongabong, represented by Mayor Hercules A. Umali; and, Congressional Office of the 22 Second District of Oriental Mindoro, represented by Congressman Reynaldo V. Umali, 23 relative to the establishment of Central Bangus Hatchery Development Program for the 24 Province of Oriental Mindoro, 25 Report, on second reading and that the same be calendared for third reading. subject to the conditions stipulated in the Joint Committee 26 Board Member Ryan Z. Arago duly seconded the motion. 27 There being no objection, the motion was approved on second reading and 28 29 30 31 32 33 34 calendared the same on third reading. 13. An Ordinance Adopting the New Schedule of Fair Market Values of Lands and Improvements as well as Buildings thereon in the Province of Oriental Mindoro, and For Other Purposes. On mass sponsorship of all Members present, upon motion of the Honorable Romeo 35 G. Infantado, the Provincial Board enacted an “ordinance Adopting the New Schedule of 36 Fair Market Values of Lands and Improvements as well as Buildings thereon in the Province 37 of Oriental Mindoro, and For Other Purposes” on second reading and the same was 38 calendared on third reading. 39 40 41 42 43 44 14. An Ordinance Declaring Real Property Tax Amnesty on all Land and other Real Property situated within the Territorial Jurisdiction of the Province of Oriental Mindoro, Providing Exceptions Thereof and for other purposes. On mass sponsorship of all Members present, upon motion of the Honorable Romeo 45 G. Infantado, the Provincial Board enacted an Ordinance Declaring Real Property Tax 46 Amnesty on all Land and other Real Property situated within the Territorial Jurisdiction of the 46 1 Province of Oriental Mindoro, Providing Exceptions Thereof and for other purposes on 2 second reading and calendared the same on third reading. 3 It shall be noted that prior to the ruling of the Honorable Temporary Presiding Officer, 4 the Honorable Ryan Z. Arago offered amendment on the subject ordinance particularly 5 provision under Section 7 paragraph c thereof by deleting the phrase “provided the same 6 are all registered under his name”. According to him, by deleting such provision payments 7 of delinquent taxes can be accommodated even through the proxies of the real owners of 8 the properties. 9 The Honorable Temporary Presiding Officer reminded the Honorable Ryan Z. Arago 10 that during the pre-session conference, the Provincial Board agreed that the subject 11 ordinance is to be approved and that all the amendments or modification shall be 12 incorporated in the finalization of the copy of the said measure. 13 14 The Honorable Ryan Z. Arago argued that during the caucus, it was not raised instead the same was tackled during one of the hearings; hence, the said manifestation. 15 The Honorable Temporary Presiding Officer then thanked the Honorable Ryan Z. 16 Arago for his manifestation and that the same was well noted and shall be taken or 17 considered in the finalization of the subject ordinance. 18 In accord with the manifestation of the Honorable Presiding Officer, the Honorable 19 Romeo G. Infantado then directed the Secretariat to take note of the manifestation of the 20 Honorable Ryan Z. Arago. 21 22 23 24 25 26 15. Resolution confirming the 18th Batch of Scholars for School Year 2011-2012 under the Oriental Mindoro Integrated Scholarship of the Provincial Government of Oriental Mindoro. On mass sponsorship of all Members present, upon motion of the Honorable Flor M. 27 De Roxas, the Provincial Board approved the passage of a resolution confirming the 18th 28 Batch of Scholars for School Year 2011-2012 under the Oriental Mindoro Integrated 29 Scholarship of the Provincial Government of Oriental Mindoro on second reading and 30 calendared the same on third reading. 31 32 33 34 35 36 37 16. Resolution authorizing the Honorable Humerlito A. Dolor, Acting Provincial Governor, to enter into a Memorandum of Agreement (MOA) with a reputable organization for the third party review of the Organizational Improvement Plan of the Provincial Government of Oriental Mindoro. Board Member Ramil O. Dimapilis moved for the passage of a resolution authorizing 38 the Honorable Humerlito A. Dolor, Acting Provincial Governor, to enter into a 39 Memorandum of Agreement (MOA) with a reputable organization for the third party 40 review of the Organizational Improvement Plan of the Provincial Government of Oriental 41 Mindoro on second reading and that the same be calendared for third reading. 42 43 Board Member Gideon B. Abuel and Board Member Flor M. De Roxas jointly seconded the motion. 47 1 There being no objection, the motion was approved on second reading and 2 calendared the same on third reading. 3 4 5 6 17. Ordinance enacting the Supplemental Budget No. 03-2011 for Fiscal Year 2011 of the Provincial Government of Oriental Mindoro in the amount of One Million Four Hundred Fifty Thousand Pesos (P1,450,000.00). 7 8 On mass sponsorship of all Members present, upon motion of the Honorable Romeo 9 G. Infantado, the Provincial Board enacted an ordinance enacting the Supplemental 10 Budget No. 03-2011 for Fiscal Year 2011 of the Provincial Government of Oriental Mindoro in 11 the amount of One Million four Hundred Fifty Million Pesos (P1,450,000.00) on second 12 reading and calendared the same on third reading. 13 14 15 16 17 18 19 18. Resolution authorizing the Honorable Acting Provincial Governor Humerlito A. Dolor to enter into a Talaan ng Kasunduan with the Scholarship Grantees from Indigenous Community concerning the implementation of the Oriental Mindoro Integrated Scholarship Program for SY 2011-2012. On mass sponsorship of all Members present, upon motion of the Honorable Flor M. 20 De Roxas, the Provincial Board approved the passage of a resolution authorizing the 21 Honorable Acting Provincial Governor Humerlito A. Dolor to enter into a Talaan ng 22 Kasunduan with the Scholarship Grantees from Indigenous Community concerning the 23 implementation of the Oriental Mindoro Integrated Scholarship Program for SY 2011-2012 24 on second reading and calendared the same on third reading. 25 26 27 28 29 30 31 19. Ordinance authorizing the utilization of Actual and Projected Personal Services Savings from vacancies to augment the appropriation for the Wages of Casual and Contractual Personnel of the PGOM in the amount of One Million Six Hundred Fifty Pesos (P1,650,000.00). On mass sponsorship of all Members present, upon motion of the Honorable Romeo 32 G. Infantado, the Provincial Board enacted an Ordinance authorizing the utilization of 33 Actual and Projected Personal Services Savings from vacancies to augment the 34 appropriation for the Wages of Casual and Contractual Personnel of the PGOM in the 35 amount of One Million Six Hundred Fifty Pesos (P1,650,000.00) on second reading and 36 calendared the same on third reading. 37 38 39 40 41 42 43 44 45 THIRD READING 1. Resolution approving Supplemental Budget No. 1 of the Municipality of Gloria, amounting to Six Million Eight Hundred Forty-Five Thousand Three Hundred Twenty-Three Pesos and 91/100 (P6,845,323.91), passed under Appropriation Ordinance No. 01, series of 2011 dated 28 March 2011 Board Member Romeo G. Infantado, with Board Member Martin S. Buenaventura, 46 moved for the passage of a resolution approving Supplemental Budget No. 1 of the 47 Municipality of Gloria, amounting to Six Million Eight Hundred Forty-Five Thousand Three 48 1 Hundred Twenty-Three Pesos and 91/100 (P6,845,323.91), passed under Appropriation 2 Ordinance No. 01, series of 2011 dated 28 March 2011. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 Board Member Corazon F. Agarap, Board Member Ryan Z. Arago and Board Member Flor M. De Roxas jointly seconded the motion. There being no objection, the motion was approved. RESOLUTION NO. 1203-2011 RESOLUTION APPROVING GENERAL FUND SUPPLEMENTAL BUDGET NO. 1 OF THE MUNICIPALITY OF GLORIA, APPROPRIATING THE AMOUNT OF SIX MILLION EIGHT HUNDRED FORTY-FIVE THOUSAND THREE HUNDRED TWENTY-THREE PESOS AND 91/100 (P6,845,323.91), PASSED UNDER APPROPRIATION ORDINANCE NO. 01, SERIES OF 2011, DATED 28 MARCH 2011 On joint motion of Hon. Romeo G. Infantado and Hon. Martin S. Buenaventura, jointly seconded by Hon. Ryan Z. Arago, Hon. Corazon F. Agarap and Hon. Flor M. De Roxas, be it; RESOLVED, to approve, as it is hereby approving General Fund Supplemental Budget No. 1 of the Municipality of Gloria, appropriating the amount of Six Million Eight Hundred Forty-Five Thousand Three Hundred Twenty-Three Pesos and 91/100 (P6,845,323.91), passed under Appropriation Ordinance No. 01, series of 2011, dated 28 March 2011, subject to compliance on the following conditions: 1. The disbursement of appropriation for Property Plant and Equipment – Motor Vehicles in the Office of the Municipal Mayor amounting to P1,300,000.00 shall be subject to the provisions of Administrative Order No. 233 dated August 1, 2008. 2. The appropriations for development programs/projects/activities consistent with the Annual Investment Program of the Municipality. shall be 3. The disbursement of appropriations under General Fund and 20% Development Fund shall be in accordance with the approved budget execution/implementation plans and shall be guided by pertinent special/general provisions of the Municipal Appropriation Ordinance and existing COA rules and regulations. Compliance with the above conditions and other pertinent rules and regulation is the responsibility of the local government unit. RESOLVED FURTHER, that copies of this resolution be furnished the Municipal Mayor, the Sangguniang Bayan, thru its Secretary to the Sanggunian, the Municipal Budget Officer, all of the Municipality of Gloria, and the Provincial Budget Officer, this province, for their information and guidance. UNANIMOUSLY APPROVED. 2. Resolution approving Supplemental Budget No. 1 of the Municipality of San Teodoro, amounting to Four Million Three Hundred Seventy-Eight Thousand Eighty-Eight Pesos and 17/100 (P4,378,088.17), passed under Appropriation Ordinance No. 1-2011 dated 11 April 2011. Board Member Romeo G. Infantado, with Board Member Ryan Z. Arago, Board Member Abraham R. Abas and Board Member Kernell M. Ortega, moved for the passage 49 1 of a resolution approving Supplemental Budget No. 1 of the Municipality of San Teodoro, 2 amounting to Four Million Three Hundred Seventy-Eight Thousand Eighty-Eight Pesos and 3 17/100 (P4,378,088.17), passed under Appropriation Ordinance No. 1-2011 dated 11 April 4 2011. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 Board Member Gideon B. Abuel and Board Member Flor M. De Roxas jointly seconded the motion. There being no objection, the motion was approved. RESOLUTION NO. 1204-2011 RESOLUTION APPROVING GENERAL FUND SUPPLEMENTAL BUDGET NO. 1 OF THE MUNICIPALITY OF SAN TEODORO, APPROPRIATING THE AMOUNT OF FOUR MILLION THREE HUNDRED SEVENTY-EIGHT THOUSAND EIGHTY-EIGHT PESOS AND 17/100 (P4,378,088.17), PASSED UNDER APPROPRIATION ORDINANCE NO. 1-2011, DATED 11 APRIL 2011 On joint motion of Hon. Romeo G. Infantado, Hon. Ryan Z. Arago, Hon. Abraham R. Abas and Hon. Kernell M. Ortega, jointly seconded by Hon. Flor M. De Roxas and Hon. Gideon B. Abuel, be it; RESOLVED, to approve, as it is hereby approving General Fund Supplemental Budget No. 1 of the Municipality of San Teodoro, appropriating the amount of Four Million Three Hundred Seventy-Eight Thousand Eighty-Eight Pesos and 17/100 (P4,378,088.17), passed under Appropriation Ordinance No. 1-2011, dated 11 April 2011, subject to compliance on the following conditions: 1. The appropriation for Donations in the Office of the Municipal Social Welfare & Development amounting to P125,000.00 shall be subject to the provisions of Section 335 of R.A. 7160 which states that: “No public money or property shall be appropriated or applied for religious or private purposes.” Likewise, the same shall not be used for payment of salaries and other remuneration of personnel. 2. The disbursement of appropriation for Property Plant and Equipment – Motor Vehicles in the Office of the Municipal Mayor amounting to P1,280,000.00 shall be subject to the provisions of Administrative Order No. 233 dated August 1, 2008. 3. The granting and disbursement of appropriations provided under the Personal Services, MOOE and Property Plant and Equipment categories in the General Fund and Special Accounts shall be in accordance with pertinent implementing guidelines and COA rules and regulations. 4. The Object of Expenditures as embodied in the appropriation ordinance shall be consistent and in accord with the approved Local Development Plan and Annual Investment Plan of the LGU. Compliance with previous and current year disallowances and conditions imposed on the reviewed budgets is the responsibility of the local government unit. RESOLVED FURTHER, that copies of this resolution be furnished the Municipal Mayor, the Sangguniang Bayan, thru its Secretary to the Sanggunian, the Municipal Budget 50 1 2 3 4 5 6 7 8 9 10 11 Officer, all of the Municipality of San Teodoro, and the Provincial Budget Officer, this province, for their information and guidance. 12 the passage of a resolution approving Municipal Ordinance No. 2010-02, entitled “An 13 ordinance creating the Municipal Housing Board of San Teodoro, Oriental Mindoro, 14 defining its functions pursuant to Executive Order No. 708, series of 2008 and for other 15 purposes”. 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 UNANIMOUSLY APPROVED. 3. Resolution approving Municipal Ordinance No. 2010-02, entitled “An ordinance creating the Municipal Housing Board of San Teodoro, Oriental Mindoro, defining its functions pursuant to Executive Order No. 708, series of 2008 and for other purposes”. Board Member Abraham R. Abas, with Board Member Ramil O. Dimapilis, moved for Board Member Ryan Z. Arago, Board Member Gideon B. Abuel and Board Member Kernell M. Ortega jointly seconded the motion. There being no objection, the motion was approved. RESOLUTION NO. 1205-2011 RESOLUTION APPROVING MUNICIPAL ORDINANCE NO. 2010-02 OF THE MUNICIPALITY OF SAN TEODORO, ENTITLED “AN ORDINANCE CREATING THE MUNICIPAL HOUSING BOARD OF SAN TEODORO, ORIENTAL MINDORO, DEFINING ITS FUNCTIONS PURSUANT TO EXECUTIVE ORDER NO. 708, S. 2008, AND FOR OTHER PURPOSES” On joint motion of Hon. Abraham R. Abas and Hon. Ramil O. Dimapilis, jointly seconded by Hon. Ryan Z. Arago, Hon. Gideon B. Abuel and Hon. Kernell M. Ortega, be it; RESOLVED, to approve, as it is hereby approving Municipal Ordinance No. 2010-02 of the Municipality of San Teodoro, entitled “An ordinance creating the Municipal Housing Board of San Teodoro, Oriental Mindoro, defining its functions pursuant to Executive Order No. 708, s. 2008, and for other purposes”, subject to the following conditions: 1. That, in the exercise of its powers and function which are specifically mentioned in the subject ordinance, the local government unit concerned shall be guided by the provisions of Republic Act 7279 otherwise known as the Urban Development and Housing Act of 1992, particularly Sections 27, 28, 29, and 30. 2. That, the penalties mentioned under Section 13 of the subject ordinance need not be stated therein considering that the offense sought to be punished is already punishable under Book I, Title Two, Chapter 4 of the Local Government Code and under the penalty clause of RA 7279. RESOLVED FURTHER, that copies of this resolution be furnished the Municipal Mayor and Sangguniang Bayan, thru its Secretary to the Sanggunian, all of the Municipality of San Teodoro, for their information and guidance. UNANIMOUSLY APPROVED. 4. Resolution approving Municipal Ordinance No. 2010-052 of the Municipality of Puerto Galera, entitled “An ordinance adopting the coding scheme in the schedule of renewal of business permit in the Municipality of Puerto Galera, Oriental Mindoro and providing incentives thereof”. 51 1 2 Board Member Abraham R. Abas, with Board Member Ramil O. Dimapilis, moved 3 for the passage of a resolution approving Municipal Ordinance No. 2010-052 of the 4 Municipality of Puerto Galera, entitled “An ordinance adopting the coding scheme in the 5 schedule of renewal of business permit in the Municipality of Puerto Galera, Oriental 6 Mindoro and providing incentives thereof”. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 Board Member Ryan Z. Arago, Board Member Gideon B. Abuel and Board Member Kernell M. Ortega duly seconded the motion. There being no objection, the motion was approved. RESOLUTION NO. 1206-2011 RESOLUTION APPROVING MUNICIPAL ORDINANCE NO. 2010-052 OF THE MUNICIPALITY OF PUERTO GALERA, ENTITLED “AN ORDINANCE ADOPTING THE CODING SCHEME IN THE SCHEDULE OF RENEWAL OF BUSINESS PERMIT IN THE MUNICIPALITY OF PUERTO GALERA, ORIENTAL MINDORO AND PROVIDING INCENTIVES THEREOF” On joint motion of Hon. Abraham R. Abas, with Hon. Ramil O. Dimapilis, jointly seconded by Hon. Ryan Z. Arago, Hon. Gideon B. Abuel and Hon. Kernell M. Ortega, be it; RESOLVED, to approve, as it is hereby approving Municipal Ordinance No. 2010-052 of the Municipality of Puerto Galera, entitled “An ordinance adopting the coding scheme in the schedule of renewal of business permit in the Municipality of Puerto Galera, Oriental Mindoro and providing incentives thereof”, subject to the condition that compliance with all existing and applicable laws, rules and regulations shall be the full responsibility of the LGU in the implementation of the said ordinance. RESOLVED FURTHER, that copies of this resolution be furnished the Municipal Mayor and Sangguniang Bayan, thru its Secretary to the Sanggunian, all of the Municipality of Puerto Galera, for their information and guidance. UNANIMOUSLY APPROVED. 5. Resolution approving Municipal Ordinance No. 2011-013, entitled “An ordinance imposing service fee on the application for authenticated copies of various civil registry documents at the Municipal Civil Registrar’s Office of the Municipality of Pola, Province of Oriental Mindoro”. Board Member Abraham R. Abas, with Board Member Ramil O. Dimapilis, moved 41 for the passage of a resolution approving Municipal Ordinance No. 2011-013, entitled “An 42 ordinance imposing service fee on the application for authenticated copies of various civil 43 registry documents at the Municipal Civil Registrar’s Office of the Municipality of Pola, 44 Province of Oriental Mindoro”. 45 46 47 48 49 50 Board Member Ryan Z. Arago, Board Member Gideon B. Abuel and Board Member Kernell M. Ortega jointly seconded the motion. There being no objection, the motion was approved. RESOLUTION NO. 1207-2011 52 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 RESOLUTION APPROVING MUNICIPAL ORDINANCE NO. 2011-013 OF THE MUNICIPALITY OF POLA, ENTITLED “AN ORDINANCE IMPOSING SERVICE FEE ON APPLICATION FOR AUTHENTICATED COPIES OF VARIOUS CIVIL REGISTRY DOCUMENTS AT THE MUNICIPAL CIVIL REGISTRAR’S OFFICE OF THE MUNICIPALITY OF POLA, PROVINCE OF ORIENTAL MINDORO” 28 the passage of a resolution approving Municipal Ordinance No. 29, series of 2011, of the 29 Municipality of Bansud, entitled “An ordinance requiring all business establishment 30 owners/operators to register their employees/workers at Philippine Health Insurance 31 Corporation”. 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 On joint motion of Hon. Abraham R. Abas and Hon. Ramil O. Dimapilis, jointly seconded by Hon. Ryan Z. Arago, Hon. Gideon B. Abuel and Hon. Kernell M. Ortega, be it; RESOLVED, to approve, as it is hereby approving Municipal Ordinance No. 2011-013 of the Municipality of Pola, entitled “An ordinance imposing service fee on application for authenticated copies of various civil registry documents at the Municipal Civil Registrar’s Office of the Municipality of Pola, Province of Oriental Mindoro”, subject to the condition that compliance with existing relevant laws, rules and regulations shall be the responsibility of the LGU in the implementation of the said ordinance. RESOLVED FURTHER, that copies of this resolution be furnished the Municipal Mayor and Sangguniang Bayan, thru its Secretary to the Sanggunian, all of the Municipality of Pola, for their information and guidance. UNANIMOUSLY APPROVED. 6. Resolution approving Municipal Ordinance No. 29, series of 2011, of the Municipality of Bansud, entitled “An ordinance requiring all business establishment owners/operators to register their employees/workers at Philippine Health Insurance Corporation”. Board Member Abraham R. Abas, with Board Member Ramil O. Dimapilis, moved for Board Member Ryan Z. Arago, Board Member Gideon B. Abuel and Board Member Kernell M. Ortega jointly seconded the motion. There being no objection, the motion was approved. RESOLUTION NO. 1208-2011 RESOLUTION APPROVING MUNICIPAL ORDINANCE NO. 29, SERIES OF 2011, OF THE MUNICIPALITY OF BANSUD, ENTITLED “AN ORDINANCE REQUIRING ALL BUSINESS ESTABLISHMENT OWNERS/OPERATORS TO REGISTER THEIR EMPLOYEES/WORKERS AT PHILIPPINE HEALTH INSURANCE CORPORATION” On joint motion of Hon. Abraham R. Abas and Hon. Ramil O. Dimapilis, jointly seconded by Hon. Ryan Z. Arago, Hon. Gideon B. Abuel and Hon. Kernell M. Ortega, be it; RESOLVED, to approve, as it is hereby approving Municipal Ordinance No. 29, series of 2011, of the Municipality of Bansud, entitled “An ordinance requiring all business establishment owners/operators to register their employees/workers at Philippine Health Insurance Corporation”, subject to the following conditions: 1. The requirements of posting and publication under Section 511 of the Local Government Code of 1991 must be fully complied with. 2. Compliance with all existing and applicable laws, rules and regulations shall be the full responsibility of the LGU in the implementation of the said ordinance. 53 1 2 3 4 5 6 7 8 9 10 11 12 13 14 RESOLVED FURTHER, that copies of this resolution be furnished the Municipal Mayor and Sangguniang Bayan, thru its Secretary to the Sanggunian, all of the Municipality of Bansud, for their information and guidance. UNANIMOUSLY APPROVED. 7. Resolution approving City Ordinance No. 07-2011, entitled “An ordinance amending Sections 1, 2, 3, 4, 5, 6, 7, and 8 of the City Ordinance No. 13-04, Resolution No. 311, An ordinance prohibiting smoking in specified places to protect the health and welfare of smokers and non-smokers in the City of Calapan. Board Member Abraham R. Abas, with Board Member Romeo G. Infantado, moved 15 for the passage of a resolution approving City Ordinance No. 07-2011, entitled “An 16 ordinance amending Sections 1, 2, 3, 4, 5, 6, 7, and 8 of the City Ordinance No. 13-04, 17 Resolution No. 311, An ordinance prohibiting smoking in specified places to protect the 18 health and welfare of smokers and non-smokers in the City of Calapan”. 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 Board Member Kernell M. Ortega, Board Member Flor M. De Roxas, Board Member Ryan Z. Arago and Board Member Romeo G. Infantado jointly seconded the motion. There being no objection, the motion was approved. RESOLUTION NO. 1209-2011 RESOLUTION APPROVING CITY ORDINANCE NO. 07-2011 OF THE CITY OF CALAPAN, ENTITLED “AN ORDINANCE AMENDING SECTIONS 1, 2, 3, 4, 5, 6, 7, AND 8 OF THE CITY ORDINANCE NO. 13-04, RESOLUTION NO. 311, AN ORDINANCE PROHIBITING SMOKING IN SPECIFIED PLACES TO PROTECT THE HEALTH AND WELFARE OF SMOKERS AND NON-SMOKERS IN THE CITY OF CALAPAN” On joint motion of Hon. Abraham R. Abas and Hon. Romeo G. Infantado, jointly seconded by Hon. Ryan Z. Arago, Hon. Flor M. De Roxas, Hon. Gideon B. Abuel and Hon. Kernell M. Ortega, be it; RESOLVED, to approve, as it is hereby approving City Ordinance No. 07-2011 of the City of Calapan, entitled “An ordinance amending sections 1, 2, 3, 4, 5, 6, 7, and 8 of the City Ordinance No. 13-04, Resolution No. 311, An ordinance prohibiting smoking in specified places to protect the health and welfare of smokers and non-smokers in the City of Calapan”, subject to the condition that compliance with existing relevant laws, rules and regulations shall be the responsibility of the LGU in the implementation of the said ordinance. RESOLVED FURTHER, that copies of this resolution be furnished the City Mayor and Sangguniang Panlungsod, thru its Secretary to the Sanggunian, all of the City of Calapan, for their information and guidance. UNANIMOUSLY APPROVED. 8. Resolution approving Municipal Ordinance No. 2010-16 of the Municipality of Puerto Galera, entitled “An ordinance regulating motorcycle rental business in the Municipality of Puerto Galera”. 54 1 Board Member Abraham R. Abas, with Board Member Ramil O. Dimapilis, moved for 2 the passage of a resolution approving Municipal Ordinance No. 2010-16 of the Municipality 3 of Puerto Galera, entitled “An ordinance regulating motorcycle rental in the Municipality of 4 Puerto Galera”. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Board Member Ryan Z. Arago, Board Member Gideon B. Abuel and Board Member Kernell M. Ortega jointly seconded the motion. There being no objection, the motion was approved. RESOLUTION NO. 1210-2011 RESOLUTION APPROVING MUNICIPAL ORDINANCE NO. 2010-16 OF THE MUNICIPALITY OF PUERTO GALERA, ENTITLED “AN ORDINANCE REGULATING MOTORCYCLE RENTAL BUSINESS IN THE MUNICIPALITY OF PUERTO GALERA” On joint motion of Hon. Abraham R. Abas and Hon. Ramil O. Dimapilis, jointly seconded by Hon. Ryan Z. Arago, Hon. Gideon B. Abuel and Hon. Kernell M. Ortega, be it; RESOLVED, to approve, as it is hereby approving Municipal Ordinance No. 2010-16 of the Municipality of Puerto Galera, entitled “An ordinance regulating motorcycle rental business in the Municipality of Puerto Galera”, subject to the following conditions: 1. The requirements of posting and publication under Section 511 of the Local Government Code of 1991 must be fully complied with. 2. Compliance with all existing and applicable laws, rules and regulations shall be the full responsibility of the LGU in the implementation of the subject ordinance. RESOLVED FURTHER, that copies of this resolution be furnished the Municipal Mayor and Sangguniang Bayan, thru its Secretary to the Sanggunian, all of the Municipality of Puerto Galera, for their information and guidance. UNANIMOUSLY APPROVED. 9. Resolution approving Municipal Ordinance No. 2010-43 of the Municipality of Puerto Galera, entitled “An ordinance prohibiting nuisance in the Municipality of Puerto Galera providing penalties for violation thereof and for other purposes”. Board Member Abraham R. Abas, with Board Member Ramil O. Dimapilis, moved 40 for the passage of a resolution approving Municipal Ordinance No. 2010-43 of the 41 Municipality of Puerto Galera, entitled “An ordinance prohibiting nuisance in the 42 Municipality of Puerto Galera providing penalties for violation thereof and for other 43 purposes”. 44 45 46 47 48 49 50 51 Board Member Ryan Z. Arago, Board Member Gideon B. Abuel and Board Member Kernell M. Ortega jointly seconded the motion. There being no objection, the motion was approved. RESOLUTION NO. 1211-2011 RESOLUTION APPROVING MUNICIPAL ORDINANCE NO. 2010-43 OF THE MUNICIPALITY OF PUERTO GALERA, ENTITLED “AN ORDINANCE PROHIBITING NUISANCE IN THE MUNICIPALITY 55 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 OF PUERTO GALERA PROVIDING PENALTIES FOR VIOLATION THEREOF AND FOR OTHER PURPOSES” 31 the passage of a resolution approving Municipal Ordinance No. 2010-29 of the Municipality 32 of Puerto Galera, entitled “An ordinance ensuring the welfare and protection of minors in 33 the Municipality of Puerto Galera”. 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 On joint motion of Hon. Abraham R. Abas and Hon. Ramil O. Dimapilis, jointly seconded by Hon. Ryan Z. Arago, Hon. Gideon B. Abuel and Hon. Kernell M. Ortega, be it; RESOLVED, to approve, as it is hereby approving Municipal Ordinance No. 2010-43 of the Municipality of Puerto Galera, entitled “An ordinance prohibiting nuisance in the Municipality of Puerto Galera providing penalties for violation thereof and for other purposes”, subject to the following conditions: 1. That, compliance with requirements of posting and publication as provided under Section 511(a) of the Local Government Code of 1991 shall be the responsibility of the LGU. 2. That, compliance of existing relevant laws, rules and regulations shall be the responsibility of the LGU in the implementation of this ordinance. RESOLVED FURTHER, that copies of this resolution be furnished the Municipal Mayor and Sangguniang Bayan, thru its Secretary to the Sanggunian, all of the Municipality of Puerto Galera, for their information and guidance. UNANIMOUSLY APPROVED. 10. Resolution approving Municipal Ordinance No. 2010-29 of the Municipality of Puerto Galera, entitled “An ordinance ensuring the welfare and protection of minors in the Municipality of Puerto Galera” Board Member Abraham R. Abas, with Board Member Ramil O. Dimapilis, moved for Board Member Ryan Z. Arago, Board Member Gideon B. Abuel and Board Member Kernell M. Ortega jointly seconded the motion. There being no objection, the motion was approved. RESOLUTION NO. 1212-2011 RESOLUTION APPROVING MUNICIPAL ORDINANCE NO. 2010-29 OF THE MUNICIPALITY OF PUERTO GALERA, ENTITLED “AN ORDINANCE ENSURING THE WELFARE AND PROTECTION OF MINORS IN THE MUNICIPALITY OF PUERTO GALERA” On joint motion of Hon. Abraham R. Abas and Hon. Ramil O. Dimapilis, jointly seconded by Hon. Ryan Z. Arago, Hon. Gideon B. Abuel and Hon. Kernell M. Ortega, be it; RESOLVED, to approve, as it is hereby approving Municipal Ordinance No. 2010-29 of the Municipality of Puerto Galera, entitled “An ordinance ensuring the welfare and protection of minors in the Municipality of Puerto Galera”, subject to the following conditions: 1. The requirements of posting and publication under Section 511 of the Local Government Code of 1991 must be fully complied with. 56 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 2. Compliance with all existing and applicable laws, rules and regulations shall be the full responsibility of the LGU in the implementation of the subject ordinance. RESOLVED FURTHER, that copies of this resolution be furnished the Municipal Mayor and Sangguniang Bayan, thru its Secretary to the Sanggunian, all of the Municipality of Puerto Galera, for their information and guidance. UNANIMOUSLY APPROVED. 11. Resolution approving Municipal Ordinance No. 2010-032 of the Municipality of Puerto Galera, entitled “An ordinance enacting the Gender and Development (GAD) Code of the Municipality of Puerto Galera, Oriental Mindoro and mandating the implementation of a comprehensive and sustainable GAD Program”. Board Member Abraham R. Abas, with Board Member Ramil O. Dimapilis, moved 17 for the passage of a resolution approving Municipal Ordinance No. 2010-032 of the 18 Municipality of Puerto Galera, entitled “An ordinance enacting the Gender and 19 Development (GAD) Code of the Municipality of Puerto Galera, Oriental Mindoro and 20 mandating the implementation of a comprehensive and sustainable GAD Program”. 21 Board Member Ryan Z. Arago duly seconded the motion. 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 There being no objection, the motion was approved. RESOLUTION NO. 1213-2011 RESOLUTION APPROVING MUNICIPAL ORDINANCE NO. 2010-032 OF THE MUNICIPALITY OF PUERTO GALERA, ENTITLED “AN ORDINANCE ENACTING THE GENDER AND DEVELOPMENT (GAD) CODE OF THE MUNICIPALITY OF PUERTO GALERA, ORIENTAL MINDORO AND MANDATING THE IMPLEMENTATION OF A COMPREHENSIVE AND SUSTAINABLE GAD PROGRAM” On joint motion of Hon. Abraham R. Abas and Hon. Ramil O. Dimapilis, jointly seconded by Hon. Ryan Z. Arago, Hon. Gideon B. Abuel and Hon. Kernell M. Ortega, be it; RESOLVED, to approve, as it is hereby approving Municipal Ordinance No. 2010-032 of the Municipality of Puerto Galera, entitled “An ordinance enacting the Gender and Development (GAD) Code of the Municipality of Puerto Galera, Oriental Mindoro and mandating the implementation of a comprehensive and sustainable GAD Program”, subject to the following conditions: 1. The requirements of posting and publication under Section 511 of the Local Government Code of 1991 must be fully complied with. 2. Compliance with all existing and applicable laws, rules and regulations shall be the full responsibility of the LGU in the implementation of the said ordinance. RESOLVED FURTHER, that copies of this resolution be furnished the Municipal Mayor and Sangguniang Bayan, thru its Secretary to the Sanggunian, all of the Municipality of Puerto Galera, for their information and guidance. UNANIMOUSLY APPROVED. 12. Resolution authorizing the Honorable Humerlito A. Dolor, in his capacity as Acting Provincial Governor, to enter into Memorandum of Agreement (MOA), on behalf of the 57 1 2 3 4 5 6 7 8 9 Provincial Government of Oriental Mindoro, with the Bureau of Fisheries and Aquatic Resources (BFAR), represented by Dir. Emmanuel H. Asis; Mindoro State College of Agriculture and Technology (MINSCAT), represented by its President, Dr. Jesse T. Zamora; the Local Government Unit of Bongabong, represented by Mayor Hercules A. Umali; and, Congressional Office of the Second District of Oriental Mindoro, represented by Congressman Reynaldo V. Umali, relative to the establishment of Central Bangus Hatchery Development Program for the Province of Oriental Mindoro. 10 the passage of a resolution authorizing the Honorable Humerlito A. Dolor, in his capacity as 11 Acting Provincial Governor, to enter into Memorandum of Agreement (MOA), on behalf of 12 the Provincial Government of Oriental Mindoro, with the Bureau of Fisheries and Aquatic 13 Resources (BFAR), represented by Dir. Emmanuel H. Asis; Mindoro State College of 14 Agriculture and Technology (MINSCAT), represented by its President, Dr. Jesse T. Zamora; 15 the Local Government Unit of Bongabong, represented by Mayor Hercules A. Umali; and, 16 Congressional Office of the Second District of Oriental Mindoro, represented by 17 Congressman Reynaldo V. Umali, relative to the establishment of Central Bangus Hatchery 18 Development Program for the Province of Oriental Mindoro. 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 Board Member Abraham R. Abas, with Board Member Ramil O. Dimapilis, moved for Board Member Ryan Z. Arago, Board Member Gideon B. Abuel and Board Member Kernell M. Ortega jointly seconded the motion. There being no objection, the motion was approved. RESOLUTION NO. 1214-2011 RESOLUTION AUTHORIZING THE HONORABLE HUMERLITO A. DOLOR, IN HIS CAPACITY AS ACTING PROVINCIAL GOVERNOR, TO ENTER INTO MEMORANDUM OF AGREEMENT (MOA), ON BEHALF OF THE PROVINCIAL GOVERNMENT OF ORIENTAL MINDORO, WITH THE BUREAU OF FISHERIES AND AQUATIC RESOURCES (BFAR), REPRESENTED BY DIR. EMMANUEL H. ASIS; MINDORO STATE COLLEGE OF AGRICULTURE AND TECHNOLOGY (MinSCAT), REPRESENTED BY ITS PRESIDENT, DR. JESSE T. ZAMORA; THE LOCAL GOVERNMENT UNIT OF BONGABONG, REPRESENTED BY MAYOR HERCULES A. UMALI; AND, CONGRESSIONAL OFFICE OF THE SECOND DISTRICT OF ORIENTAL MINDORO, REPRESENTED BY CONGRESSMAN REYNALDO V. UMALI, RELATIVE TO THE ESTABLISHMENT OF CENTRAL BANGUS HATCHERY DEVELOPMENT PROGRAM FOR THE PROVINCE OF ORIENTAL MINDORO On joint motion of Hon. Abraham R. Abas and Hon. Ramil O. Dimapilis, jointly seconded by Hon. Ryan Z. Arago, Hon. Gideon B. Abuel and Hon. Kernell M. Ortega, be it; RESOLVED, to authorize, as it is hereby authorizing the Honorable Humerlito A. Dolor, in his capacity as Acting Provincial Governor, to enter into Memorandum of Agreement (MOA), on behalf of the Provincial Government of Oriental Mindoro, with the Bureau of Fisheries and Aquatic Resources (BFAR), represented by Dir. Emmanuel H. Asis; Mindoro State College of Agriculture and Technology (MinSCAT), represented by its President, Dr. Jesse T. Zamora; the Local Government Unit of Bongabong, represented by Mayor Hercules A. Umali; and, Congressional Office of the Second District of Oriental Mindoro, represented by Congressman Reynaldo V. Umali, relative to the establishment of Central Bangus Hatchery Development Program for the Province of Oriental Mindoro, subject to the following conditions: 1. That, the Memorandum of Agreement should contain a stipulation that the Central Bangus Hatchery and all improvements that will be introduced by BFAR 58 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 thereon during the entire duration of the MOA shall become the property of MinSCAT – Bongabong Campus after termination of the MOA. 2. That, aside from the provision of available resources and services that will ensure effective implementation of the hatchery project, the allocation of funds for the PGOM staff in providing technical assistance and other related activities thereon, and the provision of other equipment such as backhoe relevant to the construction and implementation of the project, no extra/additional fund shall be disbursed by the Provincial Government of Oriental Mindoro (PGOM) in the implementation of the subject MOA. RESOLVED FURTHER, that copies of this resolution be furnished the Honorable Acting Governor Humerlito A. Dolor; Dir. Emmanuel H. Asis, Bureau of Fisheries and Aquatic Resources (BFAR); Dr. Jesse T. Zamora, President of Mindoro State College of Agriculture and Technology (MinSCAT); Honorable Mayor Hercules A. Umali, Municipality of Bongabong; Honorable Reynaldo V. Umali, Representative of the Second District of Oriental Mindoro; and Mr. Petronilo Dimailig, Provincial Agriculturist, for their information and guidance. UNANIMOUSLY APPROVED. 13. An Ordinance Adopting the New Schedule of Fair Market Values of Lands and Improvements as well as Buildings Thereon in the Province of Oriental Mindoro, and for Other Purposes On mass sponsorship of all Members present, the Provincial Board enacted an 28 Ordinance Adopting the New Schedule of Fair Market Values of Lands and Improvements 29 as Well as Buildings Thereon in the Province of Oriental Mindoro, and for Other Purposes. 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 There being an objection, the motion was approved. PROVINCIAL ORDINANCE NO. 016-2011 AUTHORS: Hon. Roberto L. Concepcion Hon. Ferdinand Thomas M. Soller Hon. Abraham R. Abas Hon. Romeo G. Infantado AN ORDINANCE ADOPTING THE NEW SCHEDULE OF FAIR MARKET VALUES OF LANDS AND IMPROVEMENTS AS WELL AS BUILDINGS THEREON IN THE PROVINCE OF ORIENTAL MINDORO, AND FOR OTHER PURPOSES WHEREAS, Article 303 of the Rules and Regulations Implementing the Local Government Code of 1991 (R.A. No. 7160), in relation to Section 212 of R.A. No. 7160, provides that “(a) Before any general revision of assessment is made pursuant to the provisions of this Rule, there shall be prepared a schedule of fair market values by the provincial and city assessors, and the municipal assessors of the municipalities within MMA for the different classes of real property situated in their respective LGUs for enactment by ordinance of the sanggunian concerned. The schedule of fair market value shall be published in a newspaper of general circulation in the province, city, or municipality concerned, or in the absence thereof, shall be posted in the provincial capitol, city or municipal hall and in two other conspicuous public places therein”; WHEREAS, Article 310 subparagraphs (a), (b) and (c) of the same Rules and Regulations, in relation to section 219 of R.A. No. 7160, provides that: “(a) The provincial, 59 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 city, or municipal assessor shall undertake a general revision of real property assessment within two (years after the effectivity of the Code and every three (3) years thereafter. (b) For this purpose, the provincial assessor, city assessors, and the municipal assessors of MMA shall prepare the schedule of fair market values for the different kinds and classes of real property located within their respective territorial jurisdictions within one (1) year from the effectivity of the Code in accordance with such rules and regulations issued by the DOF. (c) The general revision of assessments and property classification shall commence upon the enactment of an ordinance by the sanggunian concerned adopting the schedule of fair market values but not later than two (2) years from the effectivity of the Code. Thereafter, the provincial, city, or municipal assessor shall undertake the general revision of real property assessment and property classification once every three (3) years”; WHEREAS, Section 1.1 of the Local Assessment Regulations No. 1-92, entitled “Rules and Regulations relative to the conduct of General Revision of Real Property Assessments pursuant to section 201 and 219 of R.A. No. 7160 otherwise known as the Local Government Code of 1991”, dated 06 October 1992, provides that “A general revision of property values serves two important purposes in addition to its primary purpose of equalizing and updating valuation. First, it brings to light again existing properties – rediscovers many properties which have been “lost” from the tax roll. Second, it enables the assessor to purge from the rolls the double assessment of properties which have been destroyed and that have accumulated through the years. It has the same purpose as the periodic physical inventory conducted by a business establishment”; WHEREAS, it bears stressing that the last general revision of assessments was made in 2006 by virtue of Provincial Ordinance No. 002-2005, entitled “an Ordinance adopting the New Schedules of Fair Market Values of Real Properties in all Municipalities in the Province of Oriental Mindoro”, which was enacted by the Sangguniang Panlalawigan on 07 March 2005 and approved by the then Hon. Provincial Governor Arnan C. Panaligan on 07 April 2005. Notably, the ordinance provides a 20% uniform increase in the schedules of fair market values of all classes of real properties within the Province of Oriental Mindoro; WHEREAS, the Province of Oriental Mindoro is lagging behind in terms of updating valuation of real properties compared to other nearby provinces; WHEREAS, the adoption of New Schedule of Fair Market Values of all classes and kinds of real properties is a requisite prior to the general revision of assessments. The General Revision of Assessments is necessary not only to increase tax revenue but to update assessment values as well as tax mapping of every LGUs; WHEREAS, as a result of the public consultation conducted provincewide, the Provincial Assessor submitted the proposed New Schedule of Fair Market Values of lands and improvements as well as buildings thereon applicable to each municipalities, with increase of 20% to 85% in assessment valuation; WHEREAS, the Sangguniang Panlalawigan of Oriental Mindoro believes that the adoption of New Schedule of Fair Market Values of all classes and kinds of real properties in the province is necessary, as it is mandated by law and that the same would increase LGUs revenues consequently providing them opportunity to render an improved and effective delivery of basic services to all its respective constituents; NOW THEREFORE, BE IT ORDAINED, as it is hereby ordained by the Sangguniang Panlalawigan of Oriental Mindoro, in session duly assembled: SECTION I. TITLE – This Ordinance shall be known as “An Ordinance adopting the New Schedule of Fair Market Values of Lands and Improvements as well as Buildings Thereon, and For Other Purposes”. 60 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 SECTION II. STATEMENT OF PRINCIPLE AND POLICY – It is the policy of the Provincial Government of Oriental Mindoro to exercise its corporate powers based on the principle of transparency, justice and equity with prime purpose of promoting the general welfare of all its constituents and realizing economic progress in the province. 43 Ordinance Declaring Real Property Tax Amnesty On All Land And Other Real Property 44 Situated Within The Territorial Jurisdiction Of The Province Of Oriental Mindoro, Providing 45 Exceptions Thereof And For Other Purposes. 46 47 48 49 50 51 52 53 54 55 56 SECTION III. NEW SCHEDULE OF FAIR MARKET VALUES AND ITS ACTUAL IMPLEMENTATION – (a) It is hereby adopted the new schedule of fair market values of lands and improvements as well as buildings thereon in all the municipalities within the jurisdiction of the Province of Oriental Mindoro with a fifty percent (50%) increase on the current schedule of fair market values which was authorized by virtue of Provincial Ordinance No. 002-2005. (b) The increase in schedule of fair market values shall be effective and implemented beginning January 1, 2012. SECTION IV. GENERAL REVISION OF ASSESSMENTS – The Office of the Provincial Assessor shall undertake and accomplish General Revision of Assessments (GRA) in coordination with Municipal Assessors and other concerned agencies. The General Revision of Assessment shall be in accord with the above New Schedule of Fair Market Values and to pertinent laws, rules and regulations. SECTION V. SEPARABILITY CLAUSE - Any provision or portion of this Ordinance found to be unconstitutional or invalid shall not impair the other provisions or parts thereof and shall be in full force and effect. SECTION VI. REPEALING CLAUSE – Provincial Ordinance No. 002-2005, and such other ordinances, executive orders, rules and regulations found to be inconsistent with this Ordinance are hereby modified and/or repealed accordingly. SECTION VII. EFFECTIVITY CLAUSE - This ordinance, upon approval, shall take effect fifteen (15) days upon completion of the posting or publication requirement, as mandated under Section 511(a) of the Local Government Code of 1991. On mass sponsorship of all Members of the Sangguniang Panlalawigan present, upon motion of Honorable Romeo G. Infantado, said ordinance was . . . UNANIMOUSLY ENACTED. 14. Ordinance declaring Real Property Tax Amnesty on all lands and other real property situated within the Territorial Jurisdiction of the Province of Oriental Mindoro, providing exceptions thereof and for other purposes. On mass sponsorship of all Members present, the Provincial Board enacted an There being no objection, the motion was approved. PROVINCIAL ORDINANCE NO.17-2011 Author: HON. HUMERLITO A. DOLOR ORDINANCE DECLARING REAL PROPERTY TAX AMNESTY ON ALL LANDS AND OTHER REAL PROPERTY SITUATED WITHIN THE TERRITORIAL JURISDICTION OF THE PROVINCE OF ORIENTAL MINDORO, PROVIDING EXCEPTIONS THEREOF AND FOR OTHER PURPOSES 61 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 WHEREAS, Section 192 of the Local Government Code of 1991 provides that “local government units may, through ordinance duly approved, grant tax exemptions, incentives or reliefs under such terms and conditions as they may deem necessary”; WHEREAS, the Provincial Government and its component Municipal Governments are presently confronted with substantial unrealized revenues in the form of delinquent real property taxes; WHEREAS, the grant of tax amnesty will encourage the real property owners to pay their delinquent real property taxes and subsequently enable the concerned local government units to accelerate tax collections and to update the tax records of availing taxpayers into current status; WHEREAS, the tax amnesty will alleviate, even in a little way, the present economic hardships of the Mindoreños as aggravated further by the rapidly increasing cost of gas fuel and other basic necessities as a result of worsening political and economic crisis in the Middle East; WHEREAS, the tax amnesty will serve as a preparatory measure to the general revision of assessment of real property situated within the territorial jurisdiction of the Provincial of Oriental Mindoro; NOW THEREFORE, BE IT ORDAINED, by the Sangguniang Panlalawigan of Oriental Mindoro the following: Section 1. Short Title – This Ordinance shall be known as “PROVINCIAL ORDINANCE GRANTING TAX AMNESTY OR RELIEF TO OWNERS OF TAX DELINQUENT REAL PROPERTY LOCATED WITHIN THE PROVINCE OF ORIENTAL MINDORO.” Section 2. Declaration of Principles and Policies - In the midst of present economic crisis, it has been a declared policy of the State to extend proper and appropriate assistance to its constituents by condoning and abating taxes whenever such measure will inure to the benefit of the entire citizenry as a whole. Similarly situated, the local government units, being independent and self-reliant communities, are mandated to promote appropriate tax and fiscal relief measures to enhance tax collections and to lessen the impact of unrelenting price increase of basic commodities. Section 3. Coverage – All lands and other real properties with delinquent and unpaid real property tax as of December 31, 2010 and/or prior years and situated within the Province of Oriental Mindoro are covered by tax amnesty whether said real property are declared or undeclared and whether classified as residential, commercial, agricultural, industrial, or otherwise, whenever realty taxes are legally due and collectible. Section 4. Exceptions – The tax amnesty shall not apply to any of the following: (a) Those lands and other real properties located in Calapan City. (b) Those land and other real property with pending cases in regular courts either for collection of real property tax or involving a question of ownership. (c) Those real properties with tax delinquencies which are being paid pursuant to a compromise agreement. (d) Those delinquent real properties disposed of at public auction whose ownership has already been officially transferred. 62 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 Section 5. Kind and Extent of Tax Amnesty or Relief – (a) The taxpayer will be entitled to a one hundred percent (100%) condonation of his/her tax delinquencies incurred from Fiscal Year 2010 and prior years. (b) The tax condonation shall be limited only to penalties, interests and surcharges and the taxpayer is required to pay the basic real property tax and Special Education Fund (SEF) tax in order to avail of the amnesty grant. Section 6. Prescribed Period – The tax amnesty period shall commence on 01 July 2011 and shall end on 31 December 2011. Section 7. Manner of Availment – (a) All penalties, interests and surcharges shall be condoned only upon lump sum payment of total basic and special education fund taxes for tax delinquencies incurred in FY 2010 and prior years; Provided, that the real property tax for the current year shall similarly be paid in full. (b) Installment of payment may be allowed through a Compromise Agreement, to be executed by and between the Provincial Treasurer and the taxpayer; Provided that, the tax delinquencies of taxpayer shall be paid in full within the prescribed period as stipulated under Section 6 hereof. Failure of taxpayer to settle his/her tax obligations under the compromise agreement forfeits his/her privilege to avail the tax amnesty herein provided. (c) A taxpayer may avail of tax amnesty for more than one real property with tax delinquency. Section 8. Venue of Payment – Payment of basic and special education fund taxes shall be made at the Office of the Municipal Treasurer having territorial jurisdiction over the property or to the Office of the Provincial Treasurer. Section 9. Application Form – The Provincial Governor, through the Provincial Treasurer, shall prepare and issue an application form for tax amnesty for distribution to all municipal treasurers. Section 10. Information Dissemination - The Provincial Governor, the Provincial Treasurer, the Provincial Information Office and all Municipal Mayors, Municipal Treasurers, Barangay Captains and Barangay Treasurers are hereby enjoined to cause the information dissemination of the tax amnesty program within the scope of their respective territorial jurisdictions. Section 11. The conduct of Public Auction – (a) No public auction of delinquent real property shall be held during the amnesty period. (b) Immediately after the prescribed period, as stated under Section 6 hereof, had lapsed, public auction shall be instituted in accordance with existing laws, rules and regulations. Section 12. Separability Clause - Should any provision of this ordinance or any portion thereof is declared unconstitutional, other provisions shall not be affected thereby. Section 13. Repealing Clause – All existing ordinances or provisions of an ordinance inconsistent herewith shall be deemed modified, amended or repealed accordingly. Section 14. Effectivity – This ordinance shall take effect fifteen (15) days after its posting on conspicuous public places or publication in a newspaper of general circulation in the province. 63 1 2 3 4 5 6 7 8 9 10 On mass sponsorship of all Members of the Sangguniang Panlalawigan present, upon motion of Honorable Romeo G. Infantado, said ordinance was . . . UNANIMOUSLY ENACTED. 11 De Roxas, the Provincial Board approved the passage of a resolution confirming the 18 th 12 Batch of Scholars for School Year 2011-2012 under the Oriental Mindoro Integrated 13 Scholarship of the Provincial Government of Oriental Mindoro. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 15. Resolution confirming the 18th Batch of Scholars for School Year 2011-2012 under the Oriental Mindoro Integrated Scholarship of the Provincial Government of Oriental Mindoro On mass sponsorship of all Members present, upon motion of the Honorable Flor M. There being no objection, the motion was approved. RESOLUTION NO. 1215-2011 RESOLUTION CONFIRMING THE 18TH BATCH OF SCHOLARS FOR SCHOOL YEAR 2011-2012 UNDER THE ORIENTAL MINDORO INTEGRATED SCHOLARSHIP OF THE PROVINCIAL GOVERNMENT OF ORIENTAL MINDORO On mass sponsorship of all Members of the Sangguniang Panlalawigan present, upon motion of Honorable Flor M. De Roxas, be it; RESOLVED, to confirm, as it is hereby confirming the 18th Batch of Scholars for School Year 2011-2012 under the Oriental Mindoro Integrated Scholarship of the Provincial Government of Oriental Mindoro, to wit: Provincial Scholars per Municipality/City (three each) MUNICIPALITY BARANGAY 1. Baco a. Mendoza, Samuel A. b. Javar, Aian Ukish A. c. Magsino, Rienjell A. - Brgy. Sta. Rosa I - Brgy. Parang - Brgy. Pulantubig 2. Bulalacao a. Montebon, Danicah Aivey Neil B. b. Anthony, Kathrina Angelique D. c. Rey, Rhod Paulo G. - Brgy. Cambunang - Brgy. Campaasan - Brgy. Cambunang 3. Bongabong a. Meran, Eloisa Camel R. b. Daguno, Ma. Michelle Zaren F. c. Garcia, Liezel A. - Brgy. Ipil - Brgy. Cawayan - Brgy. Bagong Bayan 4. Bansud a. Rubia, Sharmine A. b. Reamosio, Hazelle Paulene A. c. Llanera, Penny Esther - Brgy. P. Tiguisan - Brgy. Salcedo - Brgy. Salcedo 5. Calapan City a. Zamora, Julie Ann R. b. Mendoza, Nina Theresa R. c. Gaba, Mary Joy F. - Brgy. Balite - Brgy. Maidlang I - Brgy. Puting Tubig 64 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 6. Gloria a. Labatete, Joanne R. b. Contreras, Jonas Adrian M. c. Lara, Karren D. - Brgy. Malamig - Brgy. Malamig - Brgy. Banus 7. Naujan a. Sarabia, Maricris T. b. Rabulan, Jovynel R. c. Fabreag, Laurence M. - Brgy. Melgar B. - Brgy. Del Pilar - Brgy. Adrialuna 8. Pinamalayan a. Menorca, Jayvee R. b. Geronimo, Rodolfo M. Jr. c. Agbay, Rose Ann L. - Brgy. Lumangbayan - Brgy. Panggulayan - Brgy. Anoling 9. Puerto Galera a. Sandoval, Saide M. b. Caganan, Zoren D. c. Lopez, Anchie C. - Brgy. Balatero - Brgy. Dulangan - Brgy. Dulangan 10. Pola a. Maamo, Rendel L. b. Ylagan, Angelica O. c. Mingi, Jenny Rose E. - Brgy. Casiligan - Brgy. Calubasanhon - Brgy. Tagbakin 11. Roxas a. Mariano, John Rey F. b. Gado, Vincynth Denise R. c. Fahimno, Mary Grace E. - Brgy. Bagumbayan - Brgy. Libertad - Brgy. Foster Ville 12. San Teodoro a. Barcebal, John Armand Cholo A. b. Pentinio, Lalane A. c. Macaraig, Marjorie H. - Brgy. Bigaan - Brgy. Lumangbayan - Brgy. Tacligan 13. Socorro a. Culili, Lyla G. b. Dela Pena, Hyacinth Joy R. c. Lumalang, Jinkee Lean E. - Brgy. Lapog - Brgy. Catiningan - Brgy. Leuteboro I 14. Victoria a. Martinez, Mary Joy T. b. Perez, May Ann T. c. Gatong, Ella May A. - Brgy. Poblacion III - Brgy. Poblacion III - Brgy. San Gabriel 15. Mansalay a. Abante, Mary Jane S. b. Baquilar, Zairah Jean G. c. Maligo, Ellyn Joy A. - Brgy. B. Del Mundo - Brgy. B. Del Mundo - Brgy. B. Del Mundo Mangyan Scholars for SY 2011-2012 (Three each per tribe) TRIBE BARANGAY/MUNICIPALITY 1. Hanunuo a. Luarca, Precious Anne S. - Brgy. Zone IV, Socorro 65 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 b. Martes, Elsa L. c. Alihid, Lenelyn L. - Brgy. Panaytayan, Mansalay - Brgy. San Vicente, Roxas 2. Tadyawan a. Wewi, Aileen V. b. Lacida, Jhiecyl G. c. Vargas, Arvin F. - Brgy. Matulatula, Pola - Brgy. Bayani, Naujan - Brgy. Puting Cacao, Pola 3. Alangan a. Punggoy, Edicia T. b. Guarde, Joel D. c. Abuatan, Elma L. - Brgy. Balite, Naujan - Brgy. Paitan, Naujan - Brgy. Paitan, Naujan 4. Buhid a. Pasag, John John B. b. Gin uman, Cathleen L. c. Yugay, Marco S. - Brgy. Batangan, Bongabong - Brgy. Batangan, Bongabong - Brgy. Batangan, Bongabong 5. Iraya a. Vidal, Cecelia b. Quinto, Ofelia A. c. Quinto, Lenlen P. - Brgy. Baclayan, Puerto Galera - Brgy. Dulangan, Puerto Galera - Brgy. Dulangan, Puerto Galera 6. Bangon a. Alzaga, Brando M. b. Galicia, Joseph J. c. Balawak, Ely M. - Brgy. Concepcion, Victoria - Brgy. Don Pedro, Mansalay - Brgy. Naswak, Lisap, Bongabong 7. Tau Buhid a. Idlaw, Hailene A. b. Adan, Ma. Anna A. c. Villegas, Bet-Avin - Brgy. Manaul, Mansalay - Brgy. Panaytayan, Mansalay - Brgy. Benli, Bulalacao RESOLVED FURTHER, that copy of this resolution be furnished to the Honorable Acting Governor Humerlito A. Dolor, for his information and guidance. UNANIMOUSLY APPROVED. 16. Resolution authorizing the Honorable Humerlito A. Dolor, Acting Provincial Governor to enter into a Memorandum of Agreement (MOA) with a reputable organization for the third party review of the Organizational Improvement Plan of the Provincial Government of Oriental Mindoro. Board Member Ramil O. Dimapilis moved for the passage of a resolution authorizing 46 the Honorable Humerlito A. Dolor, Acting Provincial Governor to enter into a Memorandum 47 of Agreement (MOA) with a reputable organization for the third party review of the 48 Organizational Improvement Plan of the Provincial Government of Oriental Mindoro. 49 50 Board Member Gideon B. Abuel and Board Member Flor M. De Roxas jointly seconded the motion. 51 There being no objection, the motion was approved. 52 53 54 RESOLUTION NO. 1216-2011 66 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 RESOLUTION AUTHORIZING THE HONORABLE ACTING GOVERNOR HUMERLITO A. DOLOR TO ENTER INTO A MEMORANDUM OF AGREEMENT (MOA) WITH A REPUTABLE ORGANIZATION FOR THE THIRD PARTY REVIEW OF THE ORGANIZATIONAL IMPROVEMENT PLAN OF THE PROVINCIAL GOVERNMENT OF ORIENTAL MINDORO 26 G. Infantado, the Provincial Board enacted an Ordinance enacting Supplemental Budget 27 No. 03-2011 for Fiscal Year 2011 of the Provincial Government of Oriental Mindoro in the 28 amount of One Million Four Hundred Fifty Thousand Pesos (P1,450,000.00). 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 On motion of Hon. Ramil O. Dimapilis, jointly seconded by Hon. Flor M. De Roxas and Hon. Gideon B. Abuel, be it; RESOLVED, to authorize, as it is hereby authorizing the Honorable Acting Governor Humerlito A. Dolor to enter into a Memorandum of Agreement (MOA) with a reputable organization for the third party review of the Organizational Improvement Plan of the Provincial Government of Oriental Mindoro, on condition that the said MOA shall be subject for ratification of the Sangguniang Panlalawigan prior to its implementation. RESOLVED FURTHER, that copy of this resolution be furnished to the Honorable Acting Governor Humerlito A. Dolor, for his information and guidance. UNANIMOUSLY APPROVED. 17. Ordinance enacting Supplemental Budget No. 03-2011 for Fiscal Year 2011 of the Provincial Government of Oriental Mindoro in the amount of One Million Four Hundred Fifty Thousand Pesos (P1,450,000.00). On mass sponsorship of all Members present, upon motion of the Honorable Romeo There being no objection, the motion was approved. APPROPRIATION ORDINANCE NO. 206-2011 ORDINANCE ENACTING GENERAL FUND SUPPLEMENTAL BUDGET NO. 03 FOR FISCAL YEAR 2011 OF THE PROVINCIAL GOVERNMENT OF ORIENTAL MINDORO IN THE AMOUNT OF ONE MILLION FOUR HUNDRED FIFTY THOUSAND PESOS (P1,450,000.00) BE IT ORDAINED, as it is hereby ordained by the Sangguniang Panlalawigan of Oriental Mindoro, that: Section 1. Supplemental Budget No. 03 for FY 2011 of the Provincial Government of Oriental Mindoro in the amount of One Million Four Hundred Fifty Thousand Pesos (P1,450,000.00) is hereby authorized. The budget documents, for this purpose, are incorporated herein and made integral part of this Ordinance: a. Certified Statement of Funding Sources b. Statement of Supplemental Appropriations Section 2. Sources of Funds. The sources of funds for this budget in the total amount of One Million Four Hundred Fifty Thousand Pesos (P1,450,000.00) shall be taken from the following: 1.0 Tax Revenue 2.0 Savings Prior Year Adjustment - Botica ng Lalawigan P 950,000.00 67 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 3.0 Realignment/Reversion of Continuing Appropriation Formulation of Manual of Operations (CA 2006-2008) Establishments of Or. Mindoro Depot (CA 2008) 300,000.00 200,000.00 P1,450,000.00 Section 3. Use of Funds. The amount of One Million Four Hundred Fifty Thousand Pesos (P1,450,000.00) shall be used for the following expenditure: Office of the Provincial Administrator MOOE Appropriation for the engagement of consultancy services and other expenses Organizational Improvement Program Review and Revision of OIP Manual Botika ng Lalawigan MOOE For the maintenance of the delivery van to be purchased Gasoline, Oil and Lubricants Expense Repair & Maintenance-Motor Vehicle Insurance Expense Property, Plant and Equipment For purchase of steel filing cabinets with safe, copier, etc. Office Equipment For purchase of delivery van Motor Vehicle P 500,000.00 30,000.00 10,000.00 25,000.00 165,000.00 720,000.00 P1,450,000.00 Section 4. Liability of Department Head. The Department Head concerned shall be liable for any expenditure incurred in excess of funds allocated for such or any obligation incurred without corresponding or supporting appropriations. Section 5. Compliance with Relevant Laws. All existing relevant laws, rules and regulations relative to the reversion and utilization of funds for accounts payables, as well as the pertinent provisions of R.A. 7160, and those that may be hereafter enacted or issued by competent authority, shall be properly complied with in the implementation of this ordinance. Section 6. Separability Clause. If for any reason, any section or provision of this ordinance is declared invalid other sections of these provisions, which are not affected hereby, shall continue to be in full force and effect. Section 7. Effectivity. This ordinance shall take effect immediately upon approval. RESOLVED FURTHER, that copies of this ordinance be furnished the Provincial Budget Officer, Provincial Treasurer, Provincial Accountant and the Provincial Auditor, all of this province, for their information and guidance. On mass sponsorship of all the Members of the Sangguniang Panlalawigan present, upon motion of Honorable G. Infantado, said ordinance was . . . UNANIMOUSLY ENACTED. 18. Resolution authorizing the Honorable Acting Provincial Governor Humerlito A. Dolor to enter into a Talaan ng Kasunduan with the Scholarship Grantees from Indigenous Community concerning the implementation of the Oriental Mindoro Integrated Scholarship Program for SY 2011-2012. 68 1 On mass sponsorship of all Members preset, upon motion of the Honorable Flor M. 2 De Roxas, the Provincial Board approved the passage of a resolution authorizing the 3 Honorable Acting Provincial Governor Humerlito A. Dolor to enter into a Talaan ng 4 Kasunduan with the Scholarship Grantees from Indigenous Community concerning the 5 implementation of the Oriental Mindoro Integrated Scholarship Program for SY 2011-2012. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 There being no objection, the motion was approved. RESOLUTION NO. 1217-2011 RESOLUTION AUTHORIZING THE HONORABLE ACTING PROVINCIAL GOVERNOR HUMERLITO A. DOLOR TO ENTER INTO TALAAN NG KASUNDUAN WITH THE SCHOLARSHIP GRANTEES FROM INDIGENOUS COMMUNITY CONCERNING THE IMPLEMENTATION OF THE ORIENTAL MINDORO INTEGRATED SCHOLARSHIP PROGRAM FOR SY 2011-2012 On mass sponsorship of all Members of the Sangguniang Panlalawigan present, upon motion of Honorable Flor M. De Roxas, be it; RESOLVED, to authorize, as it is hereby authorizing the Honorable Acting Provincial Governor Humerlito A. Dolor to enter into Talaan ng Kasunduan with the Scholarship Grantees from indigenous community concerning the implementation of the Oriental Mindoro Integrated Scholarship Program for SY 2011-2012. RESOLVED FURTHER, that copy of this resolution be furnished the Office of the Governor, for its information and guidance. UNANIMOUSLY APPROVED. 19. Ordinance authorizing the utilization of Actual and Projected Personal Services Savings from vacancies to augment the appropriation for the Wages of Casual and Contractual Personnel of the PGOM in the amount of One Million Six Hundred Fifty Thousand Pesos (P1,650,000.00). On mass sponsorship of all Members present, upon motion of the Honorable Romeo 35 G. Infantado, the Provincial Board enacted an Ordinance authorizing the utilization of 36 Actual and Projected Personal Services Savings from vacancies to augment the 37 appropriation for the Wages of Casual and Contractual Personnel of the PGOM in the 38 amount of One Million Six Hundred Fifty Thousand Pesos (P1,650,000.00). 39 40 41 42 43 44 45 46 47 48 49 50 51 52 There being no objection, the motion was approved. APPROPRIATION ORDINANCE NO. 207-2011 ORDINANCE AUTHORIZING THE UTILIZATION OF ACTUAL AND PROJECTED PERSONAL SERVICES SAVINGS FROM VACANCIES TO AUGMENT THE APPROPRIATION FOR THE WAGES OF CASUAL AND CONTRACTUAL PERSONNEL OF THE PROVINCIAL GOVERNMENT OF ORIENTAL MINDORO IN THE AMOUNT OF ONE MILLION SIX HUNDRED FIFTY THOUSAND PESOS (P1,650,000.00) BE IT ORDAINED, as it is hereby ordained by the Sangguniang Panlalawigan of Oriental Mindoro enacting appropriation ordinance for its effective implementation as follows: 69 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Section I. Unexpended Fund/Appropriation. The amount of One Million Six Hundred Fifty Thousand Pesos (P1,650,000.00) shall be taken from the Actual and Projected Savings from Vacancies of the Provincial Government of Oriental Mindoro for the period of January 1, 2011 to June 30, 2011. 34 the Sangguniang Panlalawigan will be conducted in Brgy. San Roque, Municipality of 35 Bulalacao to be held on Friday, 10 June 2011, in lieu of Thursday, 9 June 2011, to coincide 36 with the conduct of “Kapitolyo Para Sa Mamamayan” in said locality. Section II. Program to which fund shall be used: The amount of One Million Six Hundred Fifty Thousand Pesos (P1,650,000.00) shall be used for the augmentation of appropriation for the wages of casual/contractual personnel for the period of April 1, 2011 to June 30, 2011. Section III. The affected plantilla positions, from which the above fund shall be taken for this purpose, shall not be filled up until June 30, 2011. Section IV. Compliance with Relevant Laws. All existing relevant laws, rules and regulations, such as the pertinent provisions of R.A. 7160, as well as those that may be hereafter enacted or issued by competent authority, shall be properly complied with in the implementation of this ordinance. Section V. approval. Effectivity. This Appropriation Ordinance shall take effect immediately upon RESOLVED FURTHER, that copies of this ordinance be furnished the Provincial Budget Officer, Provincial Treasurer, Provincial Accountant and the Provincial Auditor, all of this province, for their information and guidance. On mass sponsorship of all Members of the Sangguniang Panlalawigan present, upon motion of the Honorable Romeo G. Infantado, said ordinance was . . . UNANIMOUSLY ENACTED. OTHER MATTERS All Members of the Provincial Board present agreed that the 48th Regular Session of 37 At this juncture, the Honorable Martin S. Buenaventura enquired on the status of his 38 manifestation relative to the incidents that happened in the Provincial Jail in Pinamalayan, 39 which was referred to the Committee on Peace and Order, Unification and Reconciliation 40 chaired by the Honorable Romeo G. Infantado. 41 The Honorable Romeo G. Infantado suggested that the same be referred instead to 42 the Provincial Warden and directed him to conduct necessary investigation and to report 43 to the Sangguniang Panlalawigan the result of the same. 44 For reason that the involved on said issue is the whole organizational set-up of the 45 Provincial Jail, the Honorable Martin S. Buenaventura did not agree with the suggestion of 46 the Honorable Romeo G. Infantado. 47 On his part, the Honorable Floor Leader then suggested that the matter be referred 48 also to the Committee on Labor, Employment, Technical and Vocational Skills 49 Development and Human Resource Development. 70 1 Based on the said suggestion of the Honorable Floor Leader, the Honorable 2 Temporary Presiding Officer ruled that the matter be referred also to the Committee on 3 Labor, Employment, Technical and Vocational Skills Development and Human Resource 4 Development. He then directed respective Chairperson of the concerned Committees to 5 schedule the conduct of hearing for such purpose, wherein the presence of the Provincial 6 Human Resources Management Officer (PHRMO) shall be invited. 7 8 9 10 XII. ADJOURNMENT There being no matter to be deliberated upon, the Honorable Temporary Presiding 11 Officer Roberto L. Concepcion declared the Session adjourned at 5:04 in the afternoon, 12 upon proper motion thereto was made by the Honorable Floor Leader Ramil O. Dimapilis. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 The Honorable Board Member Gideon B. Abuel rendered the following Closing Prayer. “HEAVENLY FATHER, We thank you for this meaningful and significant opportunity to serve our fellow Mindoreños. Thank you for the wisdom, strength and good health that you continually provide each and every Member of this Sangguniang Panlalawigan that supplements the courage and determination to perform inherent duties and responsibilities for our people with dedication and commitment. And, as we close the 47th Regular Session, again, thank you for the blessings and the breathe of life that is supplied with your divine guidance for a better understanding about the times we are living in and directing the right course to take. All these things I pray in Jesus name, AMEN. CERTIFIED CORRECT: DIWATA H. FETIZANAN Secretary to the Sangguniang Panlalawigan 71