THE
FOUR-WAY
TEST
of the things we think, say or do 1. Is it the TRUTH? 2. Is it FAIR to all concerned? 3. Will it build GOODWILL and BETTER FRIENDSHIP? 4. Will it be BENEFICIAL to all concerned?
A message of concern by Dir. Dante Sudaria, RCCDO
FOR QUALITY TARPS Contact:
MDN
TARPAULIN PRINTING Tel. #s: 881-0100 / 0935-1613398 mdntarps@gmail.com Abellanosa St., Consolacion, CDO
vertical home builders enterprises
For refreshments, visit:
Patag Highway, Cagayan de Oro City
Tel. No. 858-5789 / Fax No. 850-5020; Cel. Nos. 0919-655-3754, 0923-304-2676 Email: verticalhomebuilders@yahoo.com
Dealer of hardware and construction materials: Product Lines: Angle Bars; Gl Pipes; C-Purlins; Holow Blocks; Coco Lumber; Carrying Channel; Double Furring Channel; Single Furring ; Acoustic Board; Polycarbonate; Power Tools; Good Lumber S4S; Panel Doors; PVC Laminated Panel; PVC Vertical Blinds; Roller Blinds ; Wooden Blinds; Armstrong Vinyl Tiles; Kent Vinyl Tiles; Parquet Tiles - Apo Vinyl Tiles.
“YOU NAME IT, WE HAVE IT.”
GREAT FOODS AWESOME DRINKS FUN TIMES
Distributor & Dealer of: Steel Bars; Holcim Cement; Davis Paint; Sand & Gravel; Plywood; INdustrial Supplies; Finishing Supplies; Electrical Supplies; Power Tools; Air Compressors
MINDANAO DAILY www.mindanaodailynews.com
BUSINESS | ARTS & CULTURE | HEALTH | TRAVEL & TOURISM | PEOPLE | REALTY | EVENTS mark francisco, Section Editor EDITOR: CHENG ORDOñEZ
Wednesday
December 21, 2016
B1
Hero of Northern Mindanao. Sonia E. Ipang (second from right), Social Wefare Officer III and head of the Regional Rehabilitation Center for Youth of DSWD Field Office 10 is this year’s recipient of Civil Service Commission Outstanding Public Official and Employee (Dangal ng Bayan) Award. President Rodrigo Duterte, CSC Chair Alice Bala, and Ombudsman Carpio- Morales present the award in a ceremony at the Heroes Hall of Malacanang. Also on photo (from left): DSWD Field Office 10 Assistant Regional Director for Administration Manuel M. Borres, DSWD Secretary Judy Taguiwalo, and Sonia’s husband Erleen. (DSWD and RTVM Photos)
DSWD worker is CSC’s 2016 Outstanding Public Official and employee Cagayan de Oro City --- The Civil Service Commission (CSC) recently conferred the 2016 Outstanding Public Officials and Employees (Dangal ng Bayan) Award to Sonia Ipang, Social Welfare Officer III of DSWD Field Office 10 and the head of the Regional Rehabilitation Center for Youth (RRCY) in Gingoog City, in a ceremony held in Heroes Hall of Malacanang. President Rodrigo R. Duterte, CSC Chair Alice Bala, and Ombudsman Conchita Carpio-Morales bestowed the award to Ipang. She also received the gold gilded trophy and P200,000 cash from the Central Bank of the Philippines. As an awardee, Ipang will be automatically promoted to a one step higher rank as per provision under the Republic Act 6713, an act establishing a code of conduct and ethical standards for public officials and employees, to uphold the time-honored principle of public office being a public trust, granting incentives and rewards for exemplary service, enumerating prohibited acts and transactions and providing penalities for violation thereof and for other purposes. The Dangal ng Bayan Award is conferred by the CSC to an individual for
performance of extraordinary act or public service and consistent demonstration of exemplary ethical behavior on the basis of his/ her observance of the eight norms of behavior provided for under RA 6713: commitment to public interest, professionalism, justness and sincerity, political neutrality, responsiveness to the public, nationalism and patriotism, commitment to democracy, and simple living. DSWD Field Office 10 Regional Director, Nestor B. Ramos, said the recognition of Ipang serves as an inspiration to all workers of DSWD in Northern Mindanao. “She is the pride of DSWD and Northern Mindanao. I hope workers will emulate her great dedication and commitment to our agency, clientele, and country,” said Ramos. Ipang received the award for her passion and diligence in taking care of the children in conflict with the law (CICL). Under her watch, the RRCY in Gingoog City, Misamis Oriental taught residents to become more responsible through engagement in livelihood opportunities such as crafts making and backyard farming, and activities such as See worker, page B12
11 truckloads of illegally cut logs seized in Lanao del Sur MAGUING, Lanao del Sur -- Eleven truckloads of illegally cut logs, mostly endangered hardwood species, were seized in an anti-illegal logging operations Saturday by the Department of Environment and Natural Resources( DENR-ARMM). DENR-ARMM Secretary Kahal Kedtag, local government officials and Moro
National Liberation Front (MNLF) members led the closure of three sawmills found operating illegally and whose operations had reached Malacanang due to complaints from local residents. Close to 30,000 board feet of various type of hardwood logs from the three sawmills were immediately turned-over to
the Anti-Illegal Logging Task-Force in Lanao del Sur while the sawmill facilities were spray painted with the word “closed.” Kedtag said he laments some residents are irresponsibly cutting trees in the watershed of Lake Lanao. “They call it timber poaching, where they gather all the cut logs and then start to slice here in the sawmill
before selling it to potential buyers,” Kedtag said. In 2012, ARMM Governor Mujiv Hataman issued an Executive Order declaring a total log ban in all five provinces and two cities of the ARMM – Lanao del Sur, Maguindanao, Basilan, Sulu and Tawi-tawi. Kedtag said there is a need to protect the See seized, page B12
TURNOVER OF MEDICAL SUPPLIES AND WHEELCHAIRS FOR BARANGAY 18-A RURAL HEALTH UNIT, GINGOOG CITY – VICE GOVERNOR JOEY G. PELAEZ and PROVINCIAL BOARD MEMBER JIGJAG G. PEALEZ responded to the RHU’s request for essential supplies so they turning over brand new wheelchairs and several medical supplies and materials which were received by the Barangay Chairman Ernesto B. Quider with the presence of the Barangay Councillors and the healthcare staff. These donations are needed by poor patients in the community. This initiative is supported by the Department of Health and the Children International Philippines, Inc. supplied photo
B2
Ordinance
Wednesday, December 21, 2016 Republika ng Pilipinas TANGGAPAN NG SANGGUNIANG PANLUNGSOD Lungsod ng Butuan
2. Manufacture of paint, pests, ink, dyes and other similar products –
13th Sangguniang Panlungsod 24th Regular Session Series of 2016
PRESENT: Honorable Angelo S. Calo - City Vice Mayor Presiding Officer Honorable Samuel Allan M. Amante - Member Honorable Ryan Anthony B. Culima - Member Honorable Sergio C. Pascual - Member Honorable Virgilio G. Nery, Jr. - Member Honorable Jaime M. Cembrano, Jr. - Member Temporary Presiding Officer Honorable Nestor D. Amora - Member. President Liga ng mga Punong Barangay
Ferdinand E. Nalcot Erwin L. Dano Rema E. Burdeos Derrick A. Plaza
- Member - Member - Member - Member
Honorable Ramon P. Carampatana
- Member (On Sick Leave)
The meeting was called to order at exactly 10:15 in the morning. <<>>
13th Sangguniang Panlungsod 19th Regular Session Series of 2016
a) With machinery b) Without machinery
165.00 100.00
5. Manufacturing of coffee, chocolate, candles, desserts and the like
a) With machinery b) Without machinery
335.00 165.00
6. Manufacture of biscuits, cookies, and other bakery products a) With b) With c) With d) With
7 or more ovens 5 to 6 ovens 3-4 ovens 1-2 ovens
335.00 250.00 165.00 90.00
a) With machinery b) Without machinery
500.00 165.00
8. Manufacture of perfumeries, hair tonics, hair pomade, lipsticks, cosmetics and other similar products a) With machinery b) Without machinery
415.00 165.00
9. Manufacture of batteries for motor vehicles charging and recharging batteries
335.00
10. Manufacture of Neon Lights
165.00
500.00
a) With machinery b) Without machinery
335.00 165.00
a) With machinery b) Without machinery
415.00 165.00
15. Manufacture of vehicles drawn by animals
The meeting was called to order at exactly 11:55 in the morning. <<>>
a) With machinery b) With machinery
165.00 90.00
16. Repair shops
a) Repair and construction of bodies of motor vehicles b) Auto motor repair shop c) Electrical appliances and apparatus rewinding d) Piano and office equipments e) Other repair shops
415.00 250.00 125.00 90.00 70.00
17. Iron works and blacksmith shops
SP ORDINANCE NO. 5106-2016
AN ORDINANCE REVISING ARTICLE F, CHAPTER IV OF SP ORDINANCE NO. 894-1992 ENTITLED, “AN ORDINANCE CODIFYING THE REVENUE ORDINANCES OF THE CITY OF BUTUAN AND FOR OTHER PURPOSES” Be it ordained by the Honorable Sangguniang Panlungsod in session assembled and by authority of the same that: SECTION 1. Article F, Chapter IV of SP Ordinance No. 894-1992, is hereby revised to read as follows: CHAPTER IV – SERVICES FEES xxx
“ARTICLE F- SERVICE CHARGE FOR ENVIRONMENT FEES SEC. 4F.01. Definition of Terms. When used in this article, the term:
125.00 70.00
18. Machinery shops for repair or manufacture of electrical or mechanical parts
a) With more than 10 lathes b) with 5 to 10 lathes c) with less than 5 lathes
335.00 200.00 125.00
19. Foundaries a) With production capacity of over 10,000 kilos a day b) With production capacity of 5,000 to 10,000 kilos a day c) With production capacity of less than 5,000 kilos a day
SEC. 4F.02. Imposition of Fees - The City of Butuan shall collect the following annual fees and charges, among others for the payment of environmental fees in accordance with the following schedule: 1. Candle Floor wax or soap factory – P
a) With machinery, apparatus and forges b) Without machinery, apparatus and forges
830.00 665.00 500.00
20. Welding shops
Environmental Fees - are fees to be imposed to residents/stakeholders of the locality for the protection and maintenance of the cleanliness, sanitation,aesthetics of the environment/ecosystem in a particular community consistent with the “Polluters Pay” principle.
12. Manufacture of chopsticks, toothpicks and the like and wood treating plants
14. Manufacture of mattresses
Member (On Special Leave) Member, President Liga ng Mga Punong Barangay
xxx
500.00 165.00
ABSENT: Honorable Derrick A. Plaza Honorable Nestor D. Amora
a) With machinery b) Without machinery
13. Manufacture of shoes
Honoeable Jose S. Aquino II - City Vice Mayor Presiding Officer Honorable Glenn C. Carampatana - Member Honorable Ferdinand E. Nalcot - Member Honorable Rema E. Burdeos - Member Honorable Cromwell P. Nortega - Member Honorable Jose Omar O. Andaya - Member Honorable Cherry May G. Busa - Member Honorable Vincent Rizal C. Rosario - Member Honorable Ehrnest John C. Sanchez - Member Honorable John Gil S. Unay, Sr. - Member
a) with machinery b) without machinery
PRESENT:
250.00
11. Manufacture of wooden boxes, furniture and beds
AN ORDINANCE ADOPTED BY THE HONORABLE SANGGUNIANG PANLUNGSOD OF THE CITY OF BUTUAN IN ITS REGULAR SESSION HELD AT THE SP SESSION HALL ON NOVEMBER 10, 2016
335.00
4. Manufacturing of sausage, hotdog, margarine, lard and the like –
Republic of the Philippines TANGGAPAN NG SANGGUNIANG PANLUNGSOD Lungsod ng Butuan
xxx
250.00 135.00
7. Manufacture of Pharmaceutical products
ABSENT:
a) With production capacity of 1,000 gallons per day b) With production capacity of less than 1,000 gallons per day
ON OFFICIAL BUSINESS: Honorable Honorable Honorable Honorable
a) with machinery b) without machinery
3. Manufacture of cooking oil and milk –
AN ORDINANCE ADOPTED BY THE HONORABLE SANGGUNIANG PANLUNGSOD OF THE CITY OF BUTUAN IN ITS REGULAR SESSION HELD AT THE SP SESSION HALL ON JUNE 13, 2016
FOR ADS PLACEMENT CALL OR TEXT: 0917-712-1424 • 0947-893-5776 E-mail: mindanaodaily.ads@gmail.com
250.00 135.00
a) With machinery run by electricity b) With machinery run by manpower
125.00 70.00
21. Lithographer, engraver, photo-engraver
a) With machinery b) Without machinery
125.00 70.00
22. Tinsmith
125.00
23. Photo studios or establishments See ordinace, page B3
FOR ADS PLACEMENT CALL OR TEXT: 0917-712-1424 • 0947-893-5776 E-mail: mindanaodaily.ads@gmail.com
Ordinance
Ordinance... from page B2
a) With one or more gallery, having one or more camera with enlargement b) With one gallery and one photo camera
125.00 70.00
24. Manufacture of matches
500.00
25. Manufacture of bottle of aerated water, soft drinks
a) With b) With c) With d) With
500.00 335.00 250.00 165.00
26. Distillery, rectifiers, compounders, cigar and cigarettes manufacturer
665.00
27. Manaufacture of mirrors and art glassware
a) With machinery b) Without machinery
500.00 165.00
28. Manufacture of playing cards
125.00
29. Manufacture of bagoong, patis and vinegar
70.00
51. Sawmill, plywood/veneer factory: a) 1. With machinery over 500 horse power 2. with machinery from 201 to 500 horse power 3. with machinery from 101 to 100 horse power 4. with machinery from 26 to 100 horse power 5. with machinery from 10 to 25 horse power
830.00 665.00 500.00 335.00 165.00
b) lumberyards (without sawmill)
1. 2. 3. 4. 5.
With With With With With
yard yard yard yard yard
space space space space space
of of of of of
more than 1,500 sq. m. 1,001 to 1,500 sq.m. 501 to 1,000 sq.m. 101 to 500 sq.m. 100 sq.m. or less sq.m.
520.00 335.00 250.00 165.00 135.00
a) With machinery b) Without machinery
165.00 70.00
52. Laundry establishment
53. Undertakers, funeral parlors a) With embalming establishment and depositing of corpses b) Rendering funeral services only
135.00 70.00 165.00
a) With machinery b) Without machinery
335.00 125.00
54. Pawn Brokers
30. Manufacture of eyeglasses
125.00
55. Barber Shops
31. Manufacture of miki, bejon, misua and similar products
a) With machinery b) Without machinery
250.00 125.00
32. Manufacture of bricks, tiles and other similar products
a) With more than 10 mechanical chairs b) With less than 10 mechanical chairs
a) Having more than 80 rooms for guests or having accommodations for more than 50 persons b) Having more than 30 rooms but not exceeding 80 rooms for guests or having accommodations for more than 30 persons but not exceeding 50
335.00 165.00
33. Manufacture of ice cream or ice drop
165.00
34. Ice Factory
335.00
c) Having 30 rooms or less or having accommodations of 30 persons or less
35. Drying and curing fish/meat
165.00
57. Warehouses
36. Tanneries
165.00
37. Assaying laboratory
165.00
165.00 125.00
58. Restaurants, panciterias, carenderias, cafeterias, food caterers, refreshment parlors or any public eating place with an annual gross receipt for the preceding calendar year:
a) Food products b) Non-food products
39. Cold Storage a) With capacity of more than 50 cu.m. b) With capacity of 25 but not exceeding 50 cubic meters c) With capacity of 10 but not exceeding 25 cubic meters d) With capacity of less than 10 cu. m.
500.00 335.00 165.00 125.00
40. Gasoline stations and other storage of combustible materials
165.00
41. Tailoring, dress and beauty parlor shops
70.00
42. Printing shops
70.00
43. Night Clubs
a) Those operating day and night b) Those operating night only
335.00 165.00
44. Clubs a) Furnishing lodging, food and alcoholic drinks to their members b) Furnishing alcoholic drinks but no food and lodging
a) With floor area of more than 1,000 sq.m. b) With floor area of 500 to 1,000 sq.m. c) With floor area of less than 500 sq.m.
a) Over P200,000 b) P160,000 or over but less than P200,000 c) P120,000 or over but less than P160,000 d) P80,000 or over but less than P129,000 e) P40,000 or over but less than P80,000 f) P20,000 or over but less than P40,000 g) Less than P20,000
a) Over P1,000,000 b) P600,000 or over but less than P1,000,000 c) P200,000 or over but less than P600,000 d) P80,000 or over but less than P200,000 e) P40,000 or over but less than P80,000 f) P20,000 or over but less than P40,000 g) Less than P20,000
165.00 125.00
a) Located on the corner of the streets b) Located between street corner c) Located in the interior
46. Bars
200.00
62. Private markets and/or talipapa
200.00 135.00
a) With an area of over 2,000 sq.m. b) With an area of over 1,500 sq.m. but less than 2,500 sq.m. c) With an area of over 650 sq.m. but less than 1,500 sq.m. d) With an area less than 650 sq.m.
47. Cabaret and Dance Halls
48. Theaters and Cinematographs a) With seating capacity of more than 2,000 persons b) With seating capacity of 1,000 or more but not exceeding 2,000 persons c) With seating capacity of less than 1,000 persons 49. Cockpit
135.00
500.00 415.00 250.00
500.00 415.00 250.00 165.00 135.00 100.00 70.00
830.00 665.00 500.00 335.00 165.00 135.00 70.00
35.00 25.00 17.00
61. Stallholders in public & public markets: 250.00 135.00 100.00
a) With eating establishment b) Without eating establishment
200.00
59 Groceries, supermarket, department stores, general merchandise stores, hardwares and auto supplies, automotive, heavy equipment, and office equipment dealers with gross receipts for the preceding calendar year:
a) Each bowling hall with billiard, pool, etc. b) Each bowling hall without billiard, pool c) Billiard, pool only
335.00
60. Sari-sari stores (stores with capital of not more than P2,000)
45. Bowling halls, billiard, pool, etc. establishments
70.00 50.00
56. Hotels, motels, inns, lodging/boarding houses, and dormitories
a) With machinery b) Without machinery
38. Repackers
B3
50. Each group amusement rides,shows exhibition for each day or night of operation
20 or more corking machines 11 to 19 corking machine 5 to 10 corking machines less than 5 corking machine
Wednesday, December 21, 2016
500.00 335.00 250.00 335.00
a) Stall dealing in fruits, vegetables, sari-sari and grocery business b) Stall dealing in other lines of business
35.00 17.00
830.00 580.00 415.00 250.00
63. Manufacture of paper, paper products, cardboard and the like, shirts, pants, clothes, textile mills, manufacture of threads, ropes, braids, knots or rewinders, knitting mills, printing presses, with gross receipts, in the preceding calendar year
a) Over P1,000,000 b) P600,000 or over but less than P1,000,000
995.00 750.00
See ordinance, page B4
B4
Wednesday, December 21, 2016
Ordinance
Ordinance...
APPROVED:
from page B3
FOR ADS PLACEMENT CALL OR TEXT: 0917-712-1424 • 0947-893-5776 E-mail: mindanaodaily.ads@gmail.com
(SGD) JOSE S. AQUINO II City Vice Mayor Presiding Officer ATTESTED:
c) )P200,000 or over but less than P600,000 d) P80,000 or over but less than P200,000 e) P40,000 or over but less than P80,000 f) P20,000 or over but less than P40,000 g) less than P20,000
500.00 335.00 250.00 165.00 135.00
64. Banks, banking institutions, insurance companies, Investments and Financing houses, savings and loans associates for every branch thereof
335.00
SUBMITTED FOR APPROVAL:
65. Office other than the preceding
70.00
(SGD.) RONNIE VICENTE C. LAGNADA City Mayor
DATE APPROVED: December 05, 2016
66. Buildings owners with office rooms to let rent or lease
a) More than 100 rooms b) 25 rooms or over but less than 100 c) 25 rooms or over but less than 75 d) 25 rooms or over but less than 50 e) Less than 25 rooms
165.00 135.00 100.00 70.00 50.00
67. Private universities, colleges, secondary, vocational and/or Special courses schools
a) Semestral enrollment or over 20,000 b) 15,000 enrollment but less than 20,000 c) 10,000 enrollment but less than 15,000 d) 5,000 enrollment but less than 10,000 e) 2,500 enrollment but less than 5,000 f) 1,000 enrollment but less than 2,500 g) Less than 1,000 enrollment
830.00 500.00 335.00 165.00 135.00 100.00 70.00
68. Private hospitals, clinics, maternity hospitals and the like
a) With bed capacity of over 200 persons b) 150 bed capacity of or more but less than 200 c) 100 bed capacity or more but less than 150 d) 75 bed capacity or more but less than 100 e) Less than 75 bed capacity
500.00 335.00 165.00 135.00 100.00
69. Arrastre and stevedoring services
500.00
70. Residential houses and apartments a) With assessed value of more than P20,000 b) With assessed value of P10,000 or more but less than P20,000.00 c) with assessed value of P5,000 or more but less than P10,000 d) with assessed value of P2,500 or more but less than P5,000 e) with assessed value of less than P2,500
35.00 25.00 17.00 15.00 10.00
71. Bus/jeep, terminal garage
a) with b) with c) with d) with
capacity capacity capacity capacity
of of of of
more than 30 vahicles 31 to 50 vehicles 21 to 30 vehicles 20 vehicles or less
650.00 500.00 335.00 165.00
72. All other business and trades not enumerated herein
70.00
SEC. 4F,03. Time of Payment. Payment is made on or before the 20th of January of each year.
(SGD.) AURORA B. CABALLES City Government Department Head II City Secretary
Authors: Hon. Cromwell P. Nortega Hon. Glenn C. Carampatana Hon. Rema E. Burdeos Hon. Cherry May G. Busa Hon. Ehrnest John C. Sanchez Movant: Hon. Cromwell P. Nortega Seconder: Ferdinand E. Nalcot.
Republic of the Philippines TANGGAPAN NG SANGGUNIANG PANLUNGSOD Lungsod ng Butuan 14th Sangguniang Panlungsod 18th Regular Session Series of 2016 AN ORDINANCE ADOPTED BY THE HONORABLE SANGGUNIANG PANLUNGSOD OF THE CITY OF BUTUAN IN ITS REGULAR SESSION HELD AT THE SP SESSION HALL ON NOVEMBER 3, 2016 PRESENT: Honorable Jose S. Aquino II - City Vice Mayor Presiding Officer Honorable Ferdinand E. Nalcot - Member Honorable Derrick A. Plaza - Member Honorable Rema E. Burdeos - Member Honorable Cromwell P. Nortega - Member Honorable Cherry May G. Busa - Member Honorable Vincent Rizal C. Rosario - Member Honorable Joseph Omar O. Andaya - Member Honorable John Gil S. Unay - Member ABSENT: Honorable Glenn C. Carampatana - Member (on Sick Leave) Honorable Ehrnest John C. Sanchez - Member (on Special Leave) Honorable Nestor D. Amora - Member, President Liga ng Mga Punong Barangay The meeting was called to order at exactly 11:00 in the morning. <<>> SP ORDINANCE NO. 5097-2016 AN ORDINANCE REQUIRING ALL ESTABLISHMENTS WITHIN THE TERRITORIAL JURISDICTION OF THE CITY OF BUTUAN TO PROVIDE/ DESIGNATE A PARKING SPACE EXCLUSIVELY FOR SENIOR CITIZENS AND PERSONS WITH DISABILITIES (PWDs), PROVIDING SCHEMES AND PENALTIES FOR THE EFFECTIVE IMPLEMENTATION THEREOF, AND FOR FOR OTHER PURPOSES
SEC. 4F.05. Administrative Provisions.
a) All persons or entities conducting, maintaining, operating or engaged in any of the business, trade or occupation enumerated in the sub-section 4F.02-a, and all owners or administrators of private residential houses, having assessed valuation as enumerated in sub-section 4F.02-b of this Article shall be required to secure from the City Treasurer a certificate of payment for environment fees. b) Application, contents of - All persons required to secure the certificate of payment for garbage collection service shall filed with the City Treasurer an application in writing on the form prescribed, for the purpose. Said application shall contain the name, nature of the business or trade, capital invested and the location of the same. When the application is for residential houses, it shall state the type, assessed value, name of owner or administrator and location of the same.
c) Any person or entity engaged in two or more business, trades or occupations located in one fee only; that which is the higher or the highest, as prescribed herein.
d) Any person or entity whose business trade, occupation and/or residential house is located or a place nor accessible to the collection of refuse, and where neither refuse incinerator service nor any refuse collection and disposal service of whatever nature us being rendered by the City shall be exempted from the payment of the annual fee for which a certificate of payment is required as herein provided, in which case a certificate a certificate to that effect is issued by the garbage collection section of the City Engineer;s Office.
SEC. 4F.06. Penalty. Any person or persons who violate any provision herein shall be punished by a fine of not exceeding Five Hundred (P500.00) Pesos or imprisonment of not exceeding Six (6) months or both at the discretion of the court.” SECTION 2. EFFECTIVITY CLAUSE. This Ordinance shall take effect after ten (10) days from the date a copy thereof is posted in the Bulletin Board in the City Hall and in two (2) other conspicuous places within the city and publication in a local newspaper of general circulation in the City of Butuan. UNANIMOUSLY APPROVED Date Enacted:
November 10, 2016.
Vice Mayor Jose S. Aquino II Ferdinand E. Nalcot Joseph Omar O. Andaya Vincent Rizal C. Rosario John Gil S. Unay, Sr.
oooOOOooo
SEC. 4F.04. Place of Payment. The Taxpayer shall pay his fee at the City Treasurer’s Office.
Hon. Hon. Hon. Hon. Hon.
Be it ordained by the Honorable Sangguniang Panlungsod of Butuan City in session assembled and by authority of the same that: SECTION 1. SHORT TITLE. This Ordinance shall be known as “The Senior Citizens and Persons with Disabilities Special Parking Parking Privilege Ordinance of 2016.” SECTION 2. POLICY STATEMENT. The City of Butuan adheres to and upholds the principles of the Constitution and all laws and rules which grant rights and privileges to Senior Citizens and Persons with Disabilities (PWDs) and, thus, commits to formulate and implement local policies and procedures deemed to reinforce implementation of Republic Act No. 9994, known as the “Expanded Senior Citizens Act of 2010” and Republic Act No. 7277, otherwise known as, “Magna Carta for Disabled Persons” particularly Section 2, with the end in view of strengthening the efficient and effective application thereof in the City. SECTION 3. DEFINITION OF TERMS. For purposes of this Ordinance, the following terms shall mean:
a.
Senior Citizen Or Elderly – refers to any person who is sixty (60) years old and above.
b.
Personss With Disabilities (PWD) – are those suffering, may it be temporary or permanent, from restriction or different abilities, as a result of a mental, physical or sensory impairment, to perform an activity in the manner or within the range considered normal for human being;
c.
Parking Space – a location that is designated for parking, either paved or unpaved; a space where an automobile can be parked.
d. Establishments – refers to any private institution, government offices, commercial buildings, schools, hospitals, clinics and any other similar institutions.
e. OSCA – refers to the Office of the Senior Citizens Affairs.
SECTION 4. GENERAL PROVISION. In the pursuit of the foregoing provisions See ordinance, page B5
Ordinance
FOR ADS PLACEMENT CALL OR TEXT: 0917-712-1424 • 0947-893-5776 E-mail: mindanaodaily.ads@gmail.com
Ordinance... from page B4
and to ensure that establishments shall provide/designate parking spaces for Senior Citizens and Persons with Disabilities (PWDs), there is hereby provided the following procedures, to wit:
1.1 That, all establishments are required to provide special parking spaces for Senior Citizens and PWDs in the following proportion:
a. There shall be a separate parking space for Senior Citizens and PWDs. b. The standard width shall follow a standard size of 3.7 meters. c. The parking space shall be near the entrance and exits of the establishment.
1.2 That, there shall be a written notice of compliance from the establishments forwarded to the OSCA;
1.3 That, the establishments are required to also submit a copy of their Building Permit and Occupancy Permit to the OSCA.
Wednesday, December 21, 2016
fifteen (15) days following the completion of its full publication in any local newspaper of general circulation and posting in the SP bulletin board and in two (2) other conspicuous places in the City of Butuan. UNANIMOUSLY APPROVED Date Enacted:
November 3, 2016 APPROVED:
(SGD.) JOSE S. AQUINO II City Vice Mayor Presiding Officer ATTESTED: (SGD.) AURORA B. CABALLES City Government Department Head II City Secretary SUBMITTED FOR APPROVAL:
SECTION 5. GUARDS ON DUTY TO MONITOR STRICT IMPLEMENTATION OF THIS ORDINANCE. To ensure the efficient and effective implementation of the preceding Section hereof, security guards on-duty of establishments are hereby deputized to perform the following:
(SGD.) RONNIE VICENTE C. LAGNADA City Mayor
5.1 Shall see to it that no vehicle other than those of Senior Citizens and PWDs shall park at the designated parking spaces intended therefore and thus, authorized to cite for violation of this Ordinance to any person who, after due advice, still willfully insists to park his or her vehicle thereat;
Author : Hon. Ferdinand E. Nalcot Movant : Hon. Ferdinand E. Nalcot Seconder : Hon. Joseph Omar O. Andaya
5.2 That, as Deputy Officers, shall maintain a logbook or a record book wherein they shall list down the name of the offender, the plate number of the vehicle the offender was driving at the time he or she was cited for violation, the appropriate time and day such violation was committed, and some important narrative facts or data consistent of other imprudent acts that could be possibly recorded in relation to the violation committed; and
5.3 Shall immediately turn over the records of violations to the Management for formal endorsement to the City Treasurer’s Office copy furnished the Land Transportation Office (LTO) within twenty-four (24) hours from the commission of the offense, for issuance of the appropriate citation ticket and other applicable sanctions whatsoever.
SECTION 6. POSTING OF SIGNAGE OR NOTICE TO ALL ESTABLISHMENTS. A sign or notice must be posted in a conspicuous place, or in an area noticeable to all where the Parking Space for Senior Citizens and PWDs is designated. The signage or notice must be at least 24 inches vertically and 36 inches horizontally in size and shall show the following information:
Senior Citizens Parking Only
PWD Parking Only
SECTION 7. FINES OR PENALTIES. Any person, including juridical persons, such as managers of private establishments or corporation who violates this ordinance shall be meted with the following penalty. 7.1 No Senior Citizens Parking Space: 1st offense 2nd offense 3rd offense
- fine of P1,500.00 - fine of P3,000.00 - fine of P5,000.00 and revocation/cancellation of business permit.
7.2 No signage of Senior Citizens Parking Space: 1st offense 2nd offense 3rd offense
- fine of P1,500.00 - fine of P3,000.00 - fine of P5,000.00 and revocation/cancellation of business permit.
7.3 No signage of PWD Parking Space: 1st offense 2nd offense 3rd offense
- fine of P1,500.00 - fine of P3,000.00 - fine of P5,000.00 and revocation/cancellation of business permit.
7.4 No signage of PWD Parking Space: 1st offense 2nd offense 3rd offense
- fine of P1,500.00 - fine of P3,000.00 - fine of P5,000.00 and revocation/cancellation of business permit.
7.5 Any person who abuses the privileges granted herein or misrepresented himself/herself as senior citizens and persons with disabilities shall be punished with a fine of P1,000.00 for first offense; P2,000.00 for second offense and P5,000.00 for third and succeeding offenses and/or imprisonment of not less three (3) days at the discretion of the court. SECTION 8. AMENDATORY CLAUSE. The provisions of previous local enactments, memoranda, circular, and other issuances which are inconsistent with this Ordinance are hereby repealed or modified accordingly. SECTION 9. SEPARATION CLAUSE. In the event that a provision or some provisions hereof are found or decreed to be invalid or unconstitutional, all other provisions hereof not affected by such pronouncement or decree shall remain to be in full force and effect.
SECTION 10. EFFECTIVITY CLAUSE. This Ordinance shall take effect after
B5
DATE APPROVED: November 12, 2016
ooo000ooo Republic of the Philippines TANGGAPAN NG SANGGUNIANG PANLUNGSOD Lungsod ng Butuan 14th Sangguniang Panlungsod 16th Regular Session Series of 2016 AN ORDINANCE ADOPTED BY THE HONORABLE SANGGUNIANG PANLUNGSOD OF THE CITY OF BUTUAN IN ITS REGULAR SESSION HELD AT THE SP SESSION HALL ON OCTOBER 20, 2016 PRESENT: Honorable Derrick A. Plaza - Member Temporary Presiding Officer Honorable Ferdinand E. Nalcot - Member Honorable Rema E. Burdeos - Member Honorable Vincent Rizal C. Rosari - Member Honorable Ehrnest John C. Sanchez - Member Honorable John Gil S. Unay, Sr. - Member Honorable Nestor D. Amora - Member, President Liga ng Mga Punong Barangay ON OFFICIAL BUSINESS: Honorable Jose S. Aquino II - City Vice Mayor Presiding Officer (Acting City Mayor) ABSENT:
Honorable Honorable Honorable Honorable
Glenn C. Carampatana Cromwell P. Nortega Jose Omar O. Andaya Cherry May C. Bus
- - - -
Member Member Member Member
(On (On (On (On
Special Special Special Special
Leave) Leave) Leave) Leave)
The meeting was called to order at exactly 11:30 in the morning. <<>> SP ORDINANCE NO. 5094-2016 AN ORDINANCE PRESCRIBING THE RULES OF PROCEDURE IN DEALING WITH ADMINISTRATIVE COMPLAINTS AND/OR CASES FILED BEFORE THE HONORABLE SANGGUNIANG PANLUNGSOD OF BUTUAN CITY AGAINST ALL ELECTED BARANGAY OFFICIALS AND FOR OTHER PURPOSES EXPLANATORY NOTES WHEREAS, pursuant to Sections 60 to 66 of RA 7160, otherwise known as the Local Government Code of 1991, in relation to Rule XIX, Article 124 to 130 of its Implementing Rules and Regulations, the Sangguniang Panlungsod is vested with the power to prescribed rules and procedures governing investigation of administrative disciplinary cases against elective barangay officials; WHEREAS, the provisions of RA 7160 also explicitly mandate that administrative cases against elected barangay public officials be resolved within a total period of four (4) months or 120-days from notice to respondent of the complaint, 90-days for the conduct of investigation proper and 30-days decision-making. (Section 63, par., C in relation to Section 66, RA 7610); WHEREAS, to expedite proceeding in all court and quasi-judicial bodies, the Highest Tribunal has issued a Circular mandating the use of Judicial-affidavit in lieu of formal testimony in open court (A.M. No. 12-8-8-SC), which can be utilized and adopted in the administrative investigation of this august body and or proper committee; WHEREAS, to further enhance the speedy and expeditious investigation and early resolution of administrative cases against respondents, and prevent delay in the administration of justice, the Honorable Sangguniang Panlungsod will likewise make use of the “most important-witness rule”, (A.M. No. 09-6-8-SC) and “oneday-examination –of-witness-rule”, (A.M. No. 03-1-09-SC) promulgated by the Honorable Supreme Court for lower courts and quasi-judicial bodies, including other investigating administrative bodies. WHEREAS, early resolution of administrative cases will benefit both parties, the complainant as he or she will find out early on if the case or cases he or she filed with the Honorable Sangguniang Panlungsod against the respondent/s has merit and secure favorable judgment without delay while respondent can finally have closure See ordinance, page B6
B6
Wednesday, December 21, 2016
Ordinance
Ordinace...
of the complaint with annexes, he or she will be given complete files at the expense of the complainant.
from page B5
of the question or complaint raised against him or her relative to the performance of his or her duty. The speedy adjudication of cases will redound, emotionally and financially, to the mutual benefits of the parties and ultimately the Honorable Sangguniang Panlungsod can dispose the case from the docket and as such it can focus in resolving on other pending unresolved cases assisting in the delivery of an impartial, speedy and fair administration of justice. WHEREAS, the imposition of minimal fee for filing and for certain motion discourages reckless filing of suit against barangay officials and at the same time afford a chance to raise much needed revenue for the city government for its worthy programs and project pertaining to barangay affairs only; WHEREAS, there is an urgent necessity for the Honorable Sangguniang Panlungsod to achieve an expeditious and inexpensive determination of the cases brought before it and to promote impartial administrative justice, to amend and/or repeal the existing rules of procedure as the previous rules appear to foster and encourage delay, which runs counter to the principle that administrative cases should be summarily resolved and adjudicated considering further the law requires merely, substantial evidence for its resolution, and thus, the principle of efficiency and professionalism and speedy resolution of dispute warrants this amendatory move. Be it ordained by the Honorable Sangguniang Panlungsod of Butuan City in session assembled and by authority of the same that: Section 1. These Rules shall be known as “The Rules of Procedure in the Conduct of Administrative Investigations.” It shall be summary and shall apply to any and all kinds of complaints and/or cases lodged before the Honorable Sangguniang Panlungsod of Butuan City, (hereinafter known as the Sanggunian} committed in relation to, and attributable to the function of the Barangay officials concerned or falls within the so-called job-relation principle, to wit: RULE 1 – GROUNDS FOR ADMINISTRATIVE ACTION SECTION 1. An elected barangay official may be disciplined, and or declared subject for removal from office, on any of the following grounds:
FOR ADS PLACEMENT CALL OR TEXT: 0917-712-1424 • 0947-893-5776 E-mail: mindanaodaily.ads@gmail.com
a. Disloyalty to the Republic of the Philippines; b. Culpable violation of the constitution; c. Dishonesty, oppression, misconduct in office, gross negligence, or dereliction of duty; d. Commission of any offense involving moral turpitude or any offense punishable by at least prision mayor, which is from six (6) years and one (1) day to twelve (12) years imprisonment; e. Abuse of authority; f. Unauthorized absence for fifteen (15) consecutive working days in case of the Punong Barangay and four (4) consecutive sessions in the case of the members of the Sangguniang Barangay; g. Application for, or acquisition of, foreign citizenship or residence of the status of an immigrant of another country; h. Such other grounds as may be provided in the Local Government Code (R.A. No. 9485 (Anti-Red Tape Act); R.A. No. 7610; R.A. No. 6713; R.A. No. 3019; the Revised Penal Code, Civil Service Rules), and other government regulations and other applicable general and special laws,; and i. Other similar ground or grounds warranting investigation.
The foregoing is not exclusive, and as such, the Sanggunian can tackle complaint against barangay officials based on other grounds, which the Sanggunian or the investigating Committee, may find sufficient. RULE II - COMPLAINT Section 1. Commencement of Complaint. An administrative complaint may be initiated by a private individual, any entity, or its representative, and government official or employee, by filing a verified complaint with a certificate of non-forum shopping accompanied by the judicial-affidavit of witnesses and such documents or exhibits in support of his or her claims in five (5) clear legible copies intended for each of the five (5) members of the concerned Committee on Good Government, Ethics and Human Rights, (hereinafter known as the Committee) and one copy for the SP files addressed to the SP City Secretary; No such complaint and or responsive pleadings shall be received and entertained unless and until the required proof of service to the respondent/s or complaining party, for that matter, is fully satisfied. An anonymous complaint can be entertained, only if anchored on clear justifiable evidence, and it can be corroborated, with sufficient evidence attached to the complaint, involving serious offense/s only and appears to be meritorious. A filing fee of Php500.00 per complaint/case shall be collected from the complainant, with proof of payment shown to the SP Secretary, which amount shall be deposited in the city treasury. However, if the complainant is shown and duly proven to be an indigent individual, such fee will immediately be waived so as to afford him or her proper venue to redress his/her grievances without any cost or financial requirement. Section 2. Form of Complaint. The complaint, accompanied by judicial affidavits, of witnesses or evidences in support of the charge, shall be drawn in a clear, simple, and concise language and in methodical manner and in a Question & Answer form, as to appraise the respondent/s of the nature of the charge against him/her and to enable him/her defense. The party filing the complaint shall be called the complainant, while the official against whom the complaint is filed shall be called the respondent. Section 3. Where to file. The complaint, in five (5) legible copies and a copy of which duly furnished the respondent or respondents in advance, preferably by personal service otherwise substituted service can be had, as evidenced by the proof of receipt attached thereto, shall be addressed to the Honorable Sangguniang Panlungsod, thru the City Vice Mayor’s Office, who shall post-haste endorse it without any delay, to the Office of the SP City Secretary, who, thereafter, shall immediately include the same in the Order of Business purposely for first reading and referral to the Committee on Good Government, Ethics, and Human Rights, in the immediate incoming Regular Session of the Sanggunian or within seven (7) days from its filing, whichever comes earlier. RULE III – ANSWER Section 1. Notice. Within seven (7) days after the complaint is filed the Sanggunian, thru the SP Secretary to the Sanggunian, shall immediately cause the issuance of an order requiring respondent/s to file his or her verified answer, within a non-extendible period of fifteen (15) days from receipt thereof. In the event that respondent has not been furnished, as required by the Rules, with a copy
The answer shall be under oath, and shall be accompanied by documentary evidence, judicial-affidavits of witnesses and other evidence refuting the complaint including the attached pieces of evidences and shall discuss all arguments and defenses (including grounds for a motion to dismiss) available to the respondent otherwise the same shall be deem waived. The answer or any other pleadings for that matter are deemed filed on the date of receipt stamped by the post office on the envelope, if filed by registered mail. Upon hearing of answer or any responsive pleading from respondent, the case folder will then be referred immediately to the Investigating Committee, for appropriate action and or setting of committee hearing; No motion for extension of time to file answer shall be entertained, on simple grounds of unavailability or lack of counsel, except, on highly meritorious grounds (e.g. involving voluminous record, and issue at bar is complicated requiring further time for research, etc.) A postponement or extension fee of Php100 only will be charged to any party, which shall be granted only on meritorious and exceptional grounds, to be determined by the majority (3-votes) of all the Committee Members. Section 2. Form of Anwer. The answer, accompanied by the judicial-affidavit of witnesses or such kind of evidences in support of the respondent’s arguments, shall be addressed to the Honorable Vice Mayor, through the Chairman of the appropriate Committee and shall be drawn in clear, simple, and concise language and in methodical manner, as to traverse the charge in consonance with Judicial Affidavit Rule (JAR) abovementioned and the “efficient use of paper rule” (Section 3, A.M.119-4-SC), written in single space, 14-size font and on a 13-inch by 8.5-inch white bond paper. Section 3. Where Filed. All pleadings, in five (5) copies and copies of which furnished the opposing parties by personal service only, as evidence by the proof of receipt attached thereto, must be submitted to the Sangguniang Panlungsod Office (SPO), thru the SP Secretary, at SP Bldg., Doongan, City Hall, Butuan City, for docketing and recording and thereafter referral immediately to the Committee. Section 4. Reply and Comments/Oppositions. Complainant may file a reply, if answer raises a new matter, or a rejoinder, to the respondent’s comment to complainant’s reply all within seven (7) days only from receipt of the answer/ reply/comment/rejoinder, after which, after the lapse of five (5) days from receipt of last pleadings and when the issues have been joined already, the Committee shall immediately issue an initial report, based only on the pleadings and evidence so adduced, on records, of the parties and if evidence are apparently weak and the case appears to be for harassment only and clearly fabricated, it shall recommend the outright dismissal of the case, otherwise, the Committee, upon votes of qualified majority, shall issue a recommendation declaring the existence of a prima facie case against the respondent that would warrant an investigation proper, to the Sangguniang Panlungsod En Banc, copy furnished the parties concerned and or the counsel-on-record. In case of outright dismissal, the complaiant may file a motion for reconsideration within 15-days from receipt thereof or just refile the complaint, rectify the defect or errors or provide more evidence and sworn statements, for consideration by the Sangguniang Panlungsod En Banc, which shall decide the motion acting as collective quasi-judicial body, after which the complaint shall be referred once again to the Committee for hearing and or recommendation. Section 5. FAILURE TO FILE ANSWER. If the respondent/s, unjustifiably or deliberately fails to file a verified answer within the period prescribed, NO default order will be issued, instead, the Committee will immediately proceed with the hearing/s of the case based on the complaint and will terminate the same after giving complainant and his or her witnesses, in an ex-parte proceeding, all the opportunity to substantiate his or her complaint unless complainant will opt to file position paper, instead of a formal hearing. Thereafter the case is deemed submitted for resolution and Committee report shall be submitted immediately or within a period of fifteen (15) days, to the Sanggunian En Banc for consideration and approval. Notwithstanding such lack of answer from respondent, it shall not bar him or her from presenting evidence in support of his or her defense, provided the case remains unresolved and respondent has shown written interest to respond to the complaint, explaining the delay for filing an answer and his or her belated appearance, - even as the allegations in the complaint are deemed controverted. The concerned parties shall be required to provide the Committee and the SP Secretary, of their respective mobile phone numbers and email-addresses, for easy access and expeditious transmission of information, notice of hearing, or any kind of orders affecting the case. RULE IV – PRELIMINARY INVESTIGATION Section 1. Commencement. Within seven (7) days after initial report have been submitted by Sangguniang Panlungsod En Banc and after the issues shall have been joined, the Committee shall commence the investigation proper of the case, issuing an Order to the parties for the conduct of mandatory preliminary conference (precon) requiring them to file the required brief 3-days before the hearing requiring parties to personally appear, with or without counsel, to affirm and confirm their sworn statements and that of their witnesses and show for comparison original or certified true copies of the attachment to the parties pleadings. Section 2. Absence of Counsel during Preliminary Conference. The lack of counsel or absence thereof due to conflict of schedule, shall not bar the hearing from proceeding considering the summary nature of the investigation and the brief period required by law for its termination. The hearing of the case shall continue with or without counsel from the parties provided they were duly notified and that they will comply with the required pleading duly subscribed before a notary public, provided for in the Rules. Section 3. Required Content of Brief. The parties shall submit a Brief stating thereby the following:
(a) Possibility of settlement and simplification of issue/s; (b) List of witnesses and gist of testimony; (with judicial-affidavit of witnesses; (c) Admission of parties and request for stipulation of facts; (d) Markings of exhibits and submission of available dates of hearing for both parties. (No resetting shall be entertained after parties agree to successive schedule of hearings unless there is a cogent reason or emergency warranting suspension of the rules.) (e) Other matters that will aid in the early disposition of the case.
Section 4. Failure to Appear during Preliminary Conference and Investigation
See ordinance, page B7
FOR ADS PLACEMENT CALL OR TEXT: 0917-712-1424 • 0947-893-5776 E-mail: mindanaodaily.ads@gmail.com
Ordinance
Ordinance... from page B6
Proper. Unreasonable absence of complainant himself/herself will cause the dismissal of the case for lack of interest to prosecute whereas respondent’s unexplained absence and lack of answer and or brief will result in a declaration by the Committee, by a vote of simple majority, to allow the complainant the chance to present evidence ex-parte, or he or she may choose the option to waive formal hearing and instead submit the case for resolution thru a position paper within a non-extendible period of fifteen (15) days from the receipt of the order, and the case will be treated as terminated and ready for adjudication and preparation of final report and recommendation. Likewise, parties who cause delay in the conduct of preliminary conference and other hearings set by the Committee and deliberately delay the investigation proper may prejudice their rights to appear and prosecute and or defend as the case may be, and the Committee will proceed with the disposition of the case with dispatch taking into account the 120-day period granted by law to resolve such cases. Invoking conflict of interest and absence of witnesses as ground to postpone or reset hearing of the case (or similar flimsy grounds therefore) are indicia of delaying tactic of a party that should not be countenanced by the Committee.
Wednesday, December 21, 2016
B7
before the scheduled hearing. Section 8. POSTPONEMENT or CANCELLATION OF HEARING. Postponement of investigation shall be greatly discouraged and shall be allowed only in extremely meritorious cases, like serious illness of the parties or counsels and other similar cases subject to presentation of notarized medical certificate from a government doctor. Parties may appear personally or thru counsel and the absence of either party or the lawyers of either party, will not be a cause for automatic cancellation of prescheduled hearing or will prevent the Committee from continue investigating the case provided the parties and counsels on-records are properly notified as shown in the case records. Each party is presumed to take care of his or her concern and the Sanggunian and or the Committee will not defer consideration of cases referred to it by mere absence of parties and or their counsels. Section 9. STENOGRAPHIC RECORD OF PROCEEDINGS. The testimony of each witness and the manifestation of the parties and counsels during an investigation shall be taken in shorthand or stenotype. A transcript of the proceedings made by the official stenographer or steno typist and duly certified by him shall be prima facie a correct statement of such proceedings.
Section 5. Submission of Position Paper. The Committee before conducting the hearing proper BUT after the preliminary conference, shall require the parties to submit their respective position papers discussing the following:
Section 10. ORDER OF HEARING. If the parties agree to have a hearing proper, at the option of the respondent and unless otherwise directed by Committee the order of a hearing shall be as follows:
a. Statement of their case; b. Summary of statement of witnesses, and of their documentary and testimonial evidence, if any; and, c. Their relevance and materiality to the case.
Thereafter, the case may be submitted for resolution or decision based on the position papers submitted. Respondent by himself or thru counsel may be required to submit written manifestation before the scheduled preliminary conference if he or she wants a formal hearing of his or her case, otherwise, the case will be resolved pursuant to the parties’ position papers, submission of which will be agreed upon by the parties during the preliminary conference hearing. Section 6. Nothwithstanding the foregoing, any serious breach in the express provision of these Rules shall be sufficient ground for outright dismissal of the case, unless the Committee, by a majority vote, decides otherwise and hear the case on the merits. Section 7. Clarificatory Hearing. That should the Committee or the Sangguniang Panlungsod En Banc find from the position papers submitted or from affidavits of witnesses that there is a need for a hearing to clarify certain important or relevant issues, the same shall immediately be set advising the parties or counsel thereof and requiring their appearance during the Committee Hearing or in a Regular Session, as the case may be. No witness shall be admitted or allowed to testify during the clarificatory hearing, unless, his or her judicial-affidavit is filed at the time of the filing of the complaint and answer, as the case may be. RULE V – FORMAL INVESTIGATION Section 1. PROCEDURAL DUE PROCESS. If the respondent so chooses, a formal hearing shall be set successively, immediately after the termination of preliminary conference. During the said hearing, the respondent shall be accorded full opportunity to appear and defend himself in person or by counsel, to confront and cross-examine the witness against him and to require the attendance of the witness and the production of documents through the compulsory process of subpoena ad testificandum or subpoena duces tecum, with the aid of the court, if necessary. Section 2. WHO CONDUCTS THE HEARING. The formal administrative investigation shall be conducted by Investigating Committee which shall terminate the investigation within the required 90-day period prescribed by law; Section 3. FAILURE TO COMMENCE FORMAL INVESTIGATION and TO SET THE CASE FOR FURTHER HEARING. Unreasonable failure to commence the formal investigation within the prescribed period in the preliminary ordered by the person or persons assigned to investigate shall be a ground for administrative disciplinary action pursuant to the Internal Rules of the Sangguniang Panlungsod, Republic Act 6713 and the Administrative Code of 1987. Any delay in hearing and resolving the case by the Committee is a ground for disciplinary action against the guilty members and aggrieved party may seek refuge by formally informing the Sangguniang Panlungsod thru the City Vice-Mayor for his appropriate action, Administrative investigation shall be deferred during the mandatory prohibition like elections period and such period required by existing laws or government regulations banning administrative inquiry. Section 4. POWER TO TAKE TESTIMONY OR RECEIVE EVIDENCE. The Investigation Committee is hereby authorized to take testimony or receive evidence relevant to the administrative proceedings, which authority shall include the power to administer oaths, summon witnesses and require the production of documents by subpoena duces tecum pursuant to Book 1, Chapter 9, Section 37 of the Administrative Code of 1987. Anyone, who, without valid excuse, fails to appear upon summons issued under authority of the preceding paragraph or who, appearing before the Investigating Committee exercising the power therein defined, refuses to make oath, give testimony or produce documents for inspection when lawfully required, shall be subject to discipline as in case of contempt of court and upon application by the Investigating Committee shall be dealt with by the judge of the proper Regional Trial Court in the manner provided for under Book VII, Chapter 3, Section 13, in relation to Chapter 1, Section 2 (1), of the Administrative Code of 1987. Section 5. NOTICE OF HEARING. The parties and their witnesses shall be notified in advance of scheduled hearing during the conduct of preliminary conference as such no further written notice or order shall be issued by the Committee as the date, time and place of the hearing proper have been agreed upon already by the parties. Section 6. VENUE OF HEARING. The venue shall be the Session Hall of the Sanggunian or in any available room suitable for such proceeding. Section 7. REQUEST FOR SUBPOENA. If a party desires the attendance of a witness or the production of documents, he should formally make a request for the issuance of the necessary subpoena or subpoena duces tecum at least three (3) days
a. The complaint shall produce the evidence on his part; b. The respondent shall then offer evidence in support of his defense; and, c. The parties may then respectively offer rebutting evidence, unless the Investigating Committee for good reasons and in the furtherance of justice, permits them to offer evidence upon their original case.
Section 11. ORDER OF EXAMINATION. The order in which a witness may be examined shall be as follows:
a. b. c. d.
Direct examination using judicial-affidavit by the proponent; Cross-examination by the proponent; Limited re- direct examination by the proponent; and Limited re-cross examination by the opponent.
Section 12. TERMINATION OF FORMAL INVESTIGATION. The formal investigation of the case shall be terminated by the investigating Committee within ninety (90) days from start thereof. Unreasonable failure to complete the formal investigation after the said period by the SP members assigned to investigate shall be a ground for disciplinary action pursuant to existing laws, rules and regulations. An extension to resolve pending case can be granted to the Committee for cogent and justifiable ground, upon approval by the Sangguniang Panlungsod En Banc which extension shall not exceed 60-days. RULE VI – EVIDENCE
Section 1. RULES OF EVIDENCE in administrative disciplinary proceedings:
a. The investigating Committee may admit and give probative value to evidence commonly accepted by reasonably prudent men in the conduct of their affairs or the so-called substance evidence rule; b. Documentary evidence may be received in the form of copies or excerpts, if the original is not readily available. Upon request, the parties shall be given opportunity to compare the copy with original. If the original is in the official custody of a public officer, a certified copy thereof may be accepted; and c. The Investigating Committee may take notice of judicially cognized facts and of generally technical or scientific facts within its specialized knowledge. The parties shall be notified and afforded an opportunity to contest the fact so noticed.
Section 2. MARKING. All documentary evidence or exhibits shall be properly marked by letter (A, B, C, etc.), if presented by the complainant, and by numbers (1, 2. 3. etc.), if presented by the respondent. They shall be attached to the records or if voluminous, kept in a separate folder marked as, “Folder of Exhibits,” which shall also be attached to the records. RULE VII – REPORT OF INVESTIGATING COMMITTEE AND TRANSMISSION OF RECORDS Section 1. TRANSMISSION OF RECORDS TO THE SANGGUNIANG. The Investigating Committee shall forward to the Sangguniang Panlungsod En Banc its finding and recommendations together with the following:
a. The draft decision, resolution and order, prepared by the Committee Chairman; b. The complete records with each page consecutively numbered and initialed by the custodian of the records; c. A summary of proceedings thereon from the filing of the complaint to the transmittal of the records in chronological order indicating the action taken on the incidents involved; and d. A list of all pleadings, motions, manifestations, annexes, exhibits, and other papers or documents filed by the contending parties, as well as the corresponding orders or resolution.
The above documents shall be forwarded to the Sanggunian within twenty (20) days
a. From receipt of the last pleading and evidence if any. In case the respondent does not elect a formal investigation; b. After the expiration of the period within which to submit the same; or after the termination of the formal investigation; or c. After the parties have submitted their respective position paper, if so allowed.
The transcript of the proceedings shall be paged consecutively and in chronological order, sewed on the left-hand side, and properly indexed, showing the page on which the testimony of each witness begins. Section 2. RECORDS CLASSIFICATION. Records in administrative disciplinary cases are classified as confidential in nature and any information as to charges, accusation, or facts adduced may not be released, and such records may not be available, except for justifiable reason and if warranted by circumstances to be decided by the Sanggunian concerned, upon written request of interested parties, in the exercise of its sound discretion. RULE VIII – DECISION Section 1. RENDITION/PROMULGATION OF DECISION. Within a reasonable period days after receipt of the final report of the Committee and the transmittal and See ordinance, page B8
B8
Wednesday, December 21, 2016
Ordinance
Ordinance... from page B7
stating distinctly the facts and reasons for such decision the Sangguniang Panlungsod En Banc shall immediately consider the same for approval and appropriate action. Thereafter copies of said decision shall immediately be furnished the respondent, the counsel-on-record and all interested concerned parties. The decision of the Sanggunian shall be final and executory. Service of decision can be implemented either by the City-DILG, the Office of the City Mayor or the SP Secretary or her representative, at the discretion of the Honorable Sanggunian. In case of failure of the Sangguniang Panlungsod to render a decision on the resolution recommended on the investigation within the required 120-day period from its filing or within thirty (30) days after the end of the 90-days investigation proper, the recommended resolution or last and final Committee report, shall be considered the decision, of which copy thereof shall be furnished to all the concerned parties.
Section 2. ADMINISTRATIVE APPEALS.
a. Either party may file a motion for reconsideration (just once) and or motion for new trial on ground of newly discovered evidence, from a decision rendered by the Sanggunian within fifteen (15) days from receipt of a copy of the decision, which shall resolve such motion expeditiously not exceeding 30-days from receipt thereof.
b. Decision of the Sangguniang Panlungsod may be appealed , within thirty (30) days from receipt thereof, to the Office of the President;
c. If no appeal is made within thirty (30) from receipt of the decision, the decision shall become final and executory, with its legal consequence provided by law or the Rules.
Section 3. EXECUTION PENDING APPEAL. An appeal shall not prevent a decision from becoming final or executory. The respondent shall be considered as having been placed under preventive suspension during the pendency of an appeal. In the event appeal results in reversal wherein respondent was declared innocent, the respondent shall be paid his or her salary and such emoluments accruing during the pendency of the appeal. RULE IX – PENALTIES
Section 1. IMPOSABLE PENALTIES.
(a) The following are the penalties that may be imposed:
2. Censure; 3. Reprimand; 4. Suspension; 5. Removal from Office.
(b) The penalty of suspension shall not exceed the unexpired term of the respondent or a period of six (6) months for every administrative offense; When the respondent has been meted two (2) penalties or more for two (2) or more administrative offenses, such penalties shall be served successively; (c) The penalty of removal from office shall be considered a ban to the candidacy of the respondent for any elective position; (d) Any elective barangay official/s ordered or recommended removed by the Sangguniang Panlungsod, although it is just a mere official declaration by the administrative investigating body, as ultimately it is the court, under the law, that has exclusive authority to order respondent removal from office in case of declaration of guilt for the serious offense charged as defined by law, deserves highest respect if it is anchored on substantial evidence and due process was duly accorded the concerned respondent. RULE X – EXECUTIVE CLEMENCY Section 1. REMOVAL OF ADMINISTRATIVE PENALTIES. OR DISABILITIES. In meritorious cases, the President may, after the decision has become final and executory, commute or remove the administrative penalties or disabilities imposed upon elective Barangay Officials in administrative disciplinary cases, subject to such terms and conditions he may impose in the interest of the service.
(SGD.) DERRICK A. PLAZA SP Member Temporary Presiding Officer OIC-City Vice Mayor ATTESTED: (SGD.) AURORA B. CABALLES City Government Department Head II City Secretary SUBMITTED FOR APPROVAL:
RONNIE VICENTE C. LAGNADA City Mayor FOR THE CITY MAYOR:
(SGD.) JOSE S. AQUINO II City Vice Mayor DATE APPROVED: October 24, 2016
Authors: Hon. Hon. Hon. Hon. Movant: Hon. Seconders: Hon.
John Gil S. Unay, Sr. Vincent Rizal C. Rosario Derrick A. Plaza Nestor D. Amora John Gil S. Unay Rema E. Burdeos
Hon. Rema E. Burdeos Hon. Ferdinand E. Nalcot Hon. Ehrnest John C. Sanchez Hon. Ferdinand E. Nalcot
oooOOOooo Republic of the Philippines TANGGAPAN NG SANGGUNIANG PANLUNGSOD Lungsod ng Butuan 14th Sangguniang Panlungsod 10th Regular Session Series of 2016 AN ORDINANCE ADOPTED BY THE HONORABLE SANGGUNIANG PANLUNGSOD OF THE CITY OF BUTUAN IN ITS REGULAR SESSION HELD AT THE SP SESSION HALL ON SEPTEMBER 8, 2016 PRESENT: Honorable Jose S. Aquino II - City Vice Mayor Presiding Officer Honorable Glenn C. Carampatana - Member Honorable Ferdinand E. Nalcot - Member Honorable Derrick A. Plaza - Member Honorable Cromwell P. Nortega - Member Honorable Cherry May G. Busa - Member Honorable Vincent Rizal C. Rosario - Member Honorable Ehrnest John C. Sanchez - Member Honorable John Gil S. Unay, Jr. - Member ON OFFICIAL BUSINESS:
Honorable Rema E. Burdeos Honorable Joseph Omar O. Andaya
- Member - Member
ABSENT: Honorable Nestor D. Amora - Member, President Liga ng Mga Punong Barangay The meeting was called to order at exactly 11:05 in the morning. <<>> SP ORDINANCE NO. 5064-2016 AN ORDINANCE PROHIBITING THE USE OF PLASTIC BAG ON DRY GOODS AND REGULATING ITS UTILIZATION ON WET GOODS, AND PROHIBITING THE USE OF STYROFOAM IN BUTUAN CITY, AND PRESCRIBING PENALTIES THEREOF, AND FOR OTHER PURPOSES
RULE XI – MISCELLANEOUS PROVISIONS Section 1. EFFECTS AND APPLICATION OF RELEVANT LAWS. This ordinance implements the provisions of the Local Government Code of 1991 and its Implementing Rules and Regulations. In all matters not provided therein, the Rules of Court, related jurisprudence and the pertinent Civil Service Rules on Investigation including the 1987 Administrative Code shall apply in a suppletory effect as far as it is necessary and practicable.
FOR ADS PLACEMENT CALL OR TEXT: 0917-712-1424 • 0947-893-5776 E-mail: mindanaodaily.ads@gmail.com
Be it ordained by the Honorable Sangguniang Panlungsod in session assembled and by authority of the same that: SECTION 1. Title - This Ordinance shall be known as “THE PLASTIC REGULATION ORDINANCE OF BUTUAN CITY.”
In the interpretation of the provisions of this Ordinance, the same shall be construed strictly against the complainant and liberally in favor of the respondent.
SECTION 2. Scope and Coverage. This Ordinance shall apply to all business and industrial establishment and institutions operating in the City of Butuan.
In the event that any portion of this Ordinance is declared unconstitutional, such declaration shall not affect the validity of other provisions and shall continue to have the effect and validity of valid ordinance.
SECTION 3. Definition of Terms. For purposes of this Ordinance, the following terms are defined to wit:
Section 2. REPEALING CLAUSE. Any ordinance or issuances or any provision thereof that is contrary or inconsistent with this Ordinance or any of its provisions is hereby repealed, modified, or amended accordingly. Section 3. EFFECTIVITY. This Ordinance shall take effect immediately upon approval and after its publication in a newspaper of general circulation. LET copies of this Ordinance be furnished the Offices of the City Mayor, the City Administrator and the City Legal Officer, the Department of the Interior and Local Government – Butuan City Office, the Butuan City Police Office, and the 86 Barangays of Butuan City, thru their respective Honorable Punong Barangay, for their information on the Rules of Procedure in the investigation and adjudication of administrative complaints against elected barangay officials in the City of Butuan. UNANIMOUSLY APPROVED Date Enacted:
October 20, 2016
APPROVED:
a. Cloth Bag (Katsa) - refers to a reusable packaging material made of cloth (biodegradable) used in the packaging of flour, wheat and other similar goods. b. Business Establishment – refers to all registered business entities within the geographical jurisdiction of the City of Butuan that are into selling, distributing or providing goods and services for profit. c. Dry Goods – refers to any product that do not require refrigeration or freezing to maintain, such as textiles, clothing, medicines.
d. Dry Market – generally refers to the store of products that do not require refrigeration or freezing to maintain.
e. Plastic Bags – also known as sando bags, pouch, plastic shopping bags and plastic film bags. It is a type of flexible packaging material made of thin, plastic film that is used for containing and transporting goods and other products. It shall also refer to thin-gauge packaging medium that is used as bags or wraps. f. Styrofoam - refers to a kind of packaging material used as food containers, See ordinance, page B9
FOR ADS PLACEMENT CALL OR TEXT: +63917-712-1424 • +63947-893-5776 E-Mail: mindanaodailynews@gmail.com
Ordinance
Ordinance...
Wednesday, December 21, 2016
information, is hereby created and shall be composed of the following, to wit:
from page B8
CHAIRPERSON
- City Mayor or his duly Authorized Representative VICE CHAIRPERSON - Chairman, SP Committee on Environment
disposable cups, plates, etc. g. Plastic Wastes – refers to any plastic packaging material thrown as waste.
MEMBERS
h. Primary Packaging Materials – refers to those types of packaging for containing wet produce, snack foods, frozen foods, hardware, etc.
- FSUU Nominated Representative; Representative from the Chamber of Commerce, Butuan City; President, Liga ng Mga Punong Barangay; Representative from the NGO with Environmental Advocacy accredited by the Sangguniang Panlungsod Office, Butuan City; City ENRO; City Director, Butuan City Police Office or duly authorized permanent representative; Office Manager or duly authorized permanent representative, Office of the City Economic Enterprise; and Regional Director or duly authorized permanent representative, Department of Trade and Industry Caraga Regional Office
i. Secondary Packaging Materials – refers to those types of packaging materials for wet goods to provide support to any primary packaging and intended for convenience of the handler as well. j. Wet Goods – refers to any product that requires refrigeration or freezing to maintain such as fish, meat, fresh poultry products, fruits, vegetables, beverages and cooked foods in carenderias/eateries. k. Woven Bags (a.k.a. Bayong) – refers to biodegradable packaging material made of woven pandan or buri leaves, and other similar materials. l. Biodegradable Plastic Bags – are plastics which are made from natural material such as corn starch, which are engineered to break down more quickly and decompose into harmless particles. They decompose by action of living organisms. m. Non-Biodegradable Plastic Bags – are plastics which the air, moisture, climate or soil cannot break down naturally or be dissolved with the surrounding land. SECTION 4. Exception. No business establishment shall utilize plastic bags as packaging materials on dry goods, EXCEPT dry goods which need to be permanently contained to preserve and extend shelf life. In case the customer will request for a secondary packaging material, the business establishment will provide the said plastic bag materials but they must collect Ten Pesos (P10;00) per plastic bag from the customer. Funds collected therefrom shall be remitted automatically to the City Government of Butuan as Environment Fund. SECTION 5. Secondary Packaging Substitute. The use of woven bags, cloth bags and other bags made up of biodegradable materials is hereby encouraged as secondary packaging substitute.
SECTION 6. Regulating the Use of Plastic Bags on Wet Goods. 6.1 Business establishments dealing on wet goods may be allowed to use plastic bags as primary packaging material. However, the provision of secondary packaging shall be optional to encourage customers to bring bayong and other reusable bags or containers. 6.2 Food items which are not dripping wet, the one of proper packaging “supot” made from old newspaper or any other paper material that will serve the purpose shall be used.
SECTION 7. Prohibition on the Use of Styrofoam. 7.1 No business establishment shall use Styrofoam and other similar materials as containers for food, produce and other products. 7.2 The use of disposable utensils made of Styrofoam like plates, cups and containers for commercial and personal purposes is prohibited.
SECTION 8. Gradual Phase-Out on the use of Plastic Bags and Items made of Styrofoam. No business establishment shall offer or sell plastic bags and items made of Styrfoam six (6) months after the approval of this Ordinance. However, before the full enforcement of this Ordinance, the use and/or distribution of plastic bags be limited only during the weekends and prohibited/regulated during workdays, otherwise, corresponding penalties provided hereunder shall apply. SECTION 9. Plastic Wastes not to be collected. Plastic bags discarded or other similar plastic waste materials will not be included in the collection of nonbiodegrable wastes. These materials must be cleared and dried prior to submission to their respective barangays for proper disposal. SECTION 10. Prohibited Acts. Business establishments and/or individuals are prohibited from: 13.1 Selling and providing plastic bags to customer as secondary packaging materials on wet goods, unless it is biodegrable or composed of materials that are allowed by law; 13.2 Selling and providing plastic bags to customers as packaging materials on dry goods, subject to the exception in Section 4, unless it is biodegradable or composed of materials that are allowed by law; 13.3 Selling and providing Styrofoam as containers; and 13.4 Burning of plastic, cellophane base materials and Styrofoam. SECTION 11. Penalties. All establishments who violate any of the prohibited acts stated above shall be punished through the imposition of the following penalties: First Offense Second Offense Third Offense
-
B9
P2,000.00 fine P3,000.00 fine P5,000.00 fine and/or imprisonment not less than one month nor more than six (6) months upon discretion of the Court and in the case of business establishments, cancellation of their license to operate for a period of one (1) year.
SECTION 12. Implementing Rules and Regulations. Within 30 days from the approval of this Ordinance, the necessary implementing rules and regulations shall be formulated by the Plastic Regulation Ordinance Oversight Committee and shall be submitted to the Sangguniang Panlungsod for review and approval of the same through a Resolution, for the proper and effective implementation of this Ordinance. SECTION 13. Plastic Regulation Ordinance Oversight Committee. A Plastic Regulation Ordinance Oversight Committee, tasked primarily to oversee the strict implementation of this Ordinance and to conduct a meeting every quarter for updates/
SECTION 14. Information, Education and Communication Campaign. Upon approval of this Ordinance, the City shall conduct massive information, education and communication campaign using quad media (print, radio, television and internet) and shall also include in the promotion the use of alternative biodegradable packaging materials. SECTION 15. Monitoring of Ordinance. The City Environment and Natural Resources Officer (CENRO) shall monitor the effective implementation of this Ordinance. The CENRO shall prepare a semi-annual report on the progress of the implementation of this Ordinance and shall submit the same to the Office of the City Mayor, copy furnished the Sangguniang Panlungsod. SECTION 16. Separability Clause. If any part of this Ordinance is declared as unconstitutional or unlawful, such declaration shall not affect the other parts or sections hereof that are not declared unlawful or unconstitutional. SECTION 17. Repealing Clause. All previous ordinances inconsistent with this Ordinance is hereby repealed or modified accordingly. SECTION 18. Effectivity. This Ordinance shall take effect ten (10) days upon its approval and publication in a local newspaper of general circulation and posting in the SP Bulletin board and in two (2) other conspicuous places in the City. UNANIMOUSLY APPROVED Date Enacted:
September 8, 2016 APPROVED:
(SGD.) JOSE C. AQUINO II City Vice Mayor Presiding Officer ATTESTED:
(SGD.) AURORA B. CABALLES City Government Department Head II
City Secretary SUBMITTED FOR APPROVAL:
(SGD.) RONNIE VICENTE C. LAGNADA City Mayor DATE APPROVED: October 04, 2016
Author: Hon. Cromwell P. Nortega Hon. Glenn C. Carampatana Hon. Derrick A. Plaza Hon. Vincent Rizal Z. Rosario Hon. John Gil S. Unay, Sr. Movant: Hon. Cromwell P. Nortega Seconder: Hon. Ferdinand E. Nalcot.
Hon. Hon. Hon. Hon.
Vice Mayor Jose S. Aquino II Ferdinand E. Nalcot Cherry May C. Busa Ehrnest John C. Sanchez
oooOOOooo Republic of the Philippines TANGGAPAN NG SANGGUNIANG PANLUNGSOD Lungsod ng Butuan 14th Sangguniang Panlungsod 16th Regular Session Series of 2016 AN ORDINANCE ADOPTED BY THE HONORABLE SANGGUNIANG PANLUNGSOD OF THE CITY OF BUTUAN IN ITS REGULAR SESSION HELD AT THE SP SESSION HALL ON OCTOBER 20, 2016 PRESENT: Honorable Derrick A. Plaza - Member Temporary Presiding Officer Honorable Ferdinand E. Nalcot - Member Honorable Rema E. Burdeos - Member Honorable Vincent Rizal C. Rosari - Member Honorable Ehrnest John C. Sanchez - Member Honorable John Gil S. Unay, Sr. - Member Honorable Nestor D. Amora - Member, President Liga ng Mga Punong Barangay ON OFFICIAL BUSINESS: See ordinance, page B10
B10
Ordinance
Wednesday, December 21, 2016
Ordinance...
of persons on account of age, disability, ethnicity, gender expression, gender identity, health status, physical appearance, political affiliation, religion, sexual orientation, and social status, such as but not limited to the following:
from page B9
Honorable Jose S. Aquino II - City Vice Mayor Presiding Officer (Acting City Mayor) ABSENT:
Honorable Honorable Honorable Honorable
Glenn C. Carampatana Cromwell P. Nortega Jose Omar O. Anday Cherry May C. Busa
- Member - Member - Member - Member
(On (On (On (On
Special Special Special Special
Leave) Leave) Leave) Leave)
a. Denial of goods and services available to the general public, such as but not limited to private and public insurance, housing, public information, transport and other forms of accommodation, medical and other health services;
b. Refusal of employment, promotion, or dismissal from work, for reason not material to the nature of the work required;
c. Denying or limiting access of an employee to the same terms and conditions of work including compensation, opportunities for training, transfer or promotion, or to other benefits connected with employment, as are made available for other employees having the same qualifications, employed under the same circumstances, or engaged in the same kind or type of work, or by imposing on the employee onerous terms and conditions;
d. Refusal of admission to or expulsion or dismissal from educational institution, without prejudice to the right of educational institutions to determine the academic qualifications of their students and the constitutional provisions in academic freedom;
e. Refusal or revocation of the accreditation, formal recognition and/or registration of any organization, group, institution or establishment in education institutions, workplaces, communities and similar settings;
f. Denial of a person’s access to and/or the use of private and public establishment, facilities, utilities, transportation or other types of services, including housing service that is open to the general public, notwithstanding the existence of the person’s capacity to comply or actual compliance with the requirements brought forth in order to access or enter such establishment. Denial may also transpire when a person is accorded services herein mentioned of less value than what is generally provided, notwithstanding the availability of standard services, and without prejudice to reservations and other reasonable policies of the establishment;
g. Rejection of any application for license, clearance or any other documents issued by government authorities, without cause;
h. Posting pictures, videos, articles, statements or comments on the internet through social networking and other types of websites to demean, debase, or humiliate a person or group of persons, subject to the applicable laws, rules and regulations;
i. Publication and/or use of derogatory and humiliating statements, remarks, comments, articles, and pictures in print and broadcast media against a person or group of persons, subject to the applicable laws, rules and regulations;
j. Other analogous acts with the deliberate intention to discriminate any person and/or group of persons, subject to the applicable laws, rules and regulations; and
k. Obstruction or intervention in the exercise of political rights, including but not limited to, the right to vote in a national or local election, both regular or special, or in a plebiscite, both initiative and referendum.
The meeting was called to order at exactly 11:30 in the morning. <<>> SP ORDINANCE NO. 4998-2016 AN ORDINANCE PROHIBITING DISCRIMINATION IN THE CITY OF BUTUAN ON THE BASIS OF AGE, DISABILITY,ETHNICITY,GENDER AND EXPRESSION, GENDER IDENTITY, HEALTH STATUS, PHYSICAL APPEARANCE, POLITICAL AFFILIATION, RELIGION, SEXUAL ORIENTATION, SOCIAL AND MARITAL STATUS, PROVIDING PENALTIES FOR ITS COMMISSION, APPROPRIATING FUNDS FOR ITS IMPLEMENTATION, AND FOR OTHER PURPOSES. Be it ordained by the Honorable Sangguniang Panlungsod of Butuan City in session assembled and by authority of the same that: SECTION 1. TITLE. This Ordinance shall be known as the “BUTUAN CITY ANTIDISCRIMINATION ORDINANCE.” SECTION 2. AUTHORITY. This Ordinance shall be construed and interpreted to be consistent and in harmony with, and in support to existing related laws, such as Republic Acts, executive or administrative orders, and other issuance of National Government, as well as related local ordinances and other issuances. Related matters that may not be covered in the said Ordinance shall be suppletorily provided by the aforesaid laws. SECTION 3. DECLARATION OF POLICY. It is hereby declared as a policy of the City of Butuan to value the dignity of every human person and guarantee full respect of human rights to promote equality and to effectively eliminate all forms of discrimination that violate and offend the guarantee of equal protection of Human Rights as enshrined in the Philippine Constitution and other existing national and local laws, as well as embodied in the laws/charters/agreements of various international conventions and coalitions of which the country forms part and is a signatory. SECTION 4. DEFINITION OF TERMS. For purposes of this Ordinance, the following terms shall be defined as follows:
a. AGE refers to the person’s time of existence or duration of life. This is in reference to ageism where one is discriminated on the basis of age;
b. DISABILITY – refers to an individual with: 1) a physical or mental impairment that substantially limits one or more psychological, physiological or anatomical functions of an individual or activities of such individual; 2) a record of such impairment; or 3) being regarded as having such impairment; c. DISCRIMINATION - refers to any act committed to manifest prejudice, bigotry, unequal treatment, exclusion, restriction, preference, humiliation and vilification towards any individual and/or group by reason of their age, disability, ethnicity, gender expression, gender identity, health status, physical appearance, political affiliation, religion, sexual orientation, and/or social status, and which it has the purpose or effect of nullifying or impairing the recognition of, enjoyment of, or exercise by all persons of an equal footing of all rights and freedom; d. ETHNICITY - refers to the characteristics of a person or group of persons sharing a common and distinctive racial, national, religious, lingual, cultural and/or indigenous heritage; e. GENDER EXPRESSION - refers to the external manifestation of one’s gender identity, usually expressed through “masculine,” “feminine” or gender-variant behavior, as apparent in clothing, haircut, voice or body characteristics; f. GENDER IDENTIFY - refers to the personal sense of identity as characterized, among others, by manners of clothing, inclinations, and behavior in relation to masculine or feminine conventions. A person may have a male or female identity with the physiological characteristics of the opposite sex, as in the case of transsexual and transvestites. For transgender people, their birth-assigned sex and their own internal sense of gender identity do not match; g. HEALTH STATUS - refers to both physical and mental health of an individual, group or population as perceived by the individual or as diagnosed by a competent medical health officer. This is in reference to having or being diagnosed with HIV-AIDs, leprosy, hepatitis, tuberculosis, and other diseases that subject them to social stigma. This also includes the health status of single women who are pregnant; h. PHYSICAL APPEARANCE - refers to the perceived outward look or attributes of a person which include hair color, eye color, height, weight, and skin color contributed by factors like genetics, age, ethnic background, and body type; i. POLITICAL AFFILIATION political party or group;
FOR ADS PLACEMENT CALL OR TEXT: 0917-712-1424 • 0947-893-5776 E-Mail: mindanaodailynews@gmail.com
- refers to an association or membership in any
j. RELIGION - refers to a set of beliefs concerning the cause, nature and purpose of the universe, especially when considered as the creation of a superhuman agency or agencies usually involving devotions and often containing a moral code governing the conduct of human affairs; k. SEXUAL ORIENTATION - refers to the direction of emotional sexual attraction or conduct. This can be towards people of the same sex (homosexual orientation) or towards people of the opposite sex (heterosexual orientation); l. SOCIAL STATUS - refers to the relative rank that an individual holds, with attendant rights, duties, lifestyle, in a social hierarchy based primarily on education, occupation, honor, popularity, and achievements;
SECTION 6. ROLES OF THE BUTUAN CITY HUMAN RIGHTS ACTION CENTER (BC-HRAC) AND CITY HUMAN RIGHTS ACTION TEAM (CHRAcT). The Butuan City Human Rights Action Center and the City Human Rights Action Team as provided under SP Ordinance No. 4728-2015, shall be responsible for the full implementation and observance of the provisions of this Ordinance. The Butuan City Human Rights Action Center (BC-HRAC), under the City Legal Office, in addition to the functions stated under SP Ordinance No. 4728-2015, is tasked to execute the following functions:
1. Receive complaints through the Secretariat concerning violations of any provision of this Ordinance and related policies;
2. Refer the complaints to the proper agencies concerned as may be called for the nature thereof or the lack of reconciliation by the parties involved, such as the Office of the City Social Welfare and Development Officer, the Butuan City Police Office or its Human Rights Affairs Office and Women and Children Protection Desk, or the Commission on Human Righs;
3. Conduct monitoring programs on incidents of discrimination in their respective jurisdictions;
4. Conduct monitoring programs with the vulnerable sectors of the community regarding discrimination;
5. Design and implement programs that help prevent and effectively address discrimination;
6. Conduct advocacy programs and Capacity Building Programs thru effective Information and Education Campaigns (IECs) to prevent incidents of discrimination in their respective localities.
SECTION 7. ROLES OF THE BARANGAY HUMAN RIGHTS ACTION CENTER (BHRAC) AND BARANGAY HUMAN RIGHTS ACTION TEAM (BHRAcT). Barangay Human Rights Action Center and Barangay Human Rights Action Team as provided under Section 6 of Ordinance No. 4728-2015. The Barangay Human Rights Action Team is tasked to execute the following functions, in addition to the functions stated under SP Ordinance No. 4728-2015:
1. Receive complaints and refer to the appropriate agencies and Barangay concerning violations of any provision of this Ordinance and related policies;
2. Notify the parties concerned of the complaint as may be called of the nature thereof;
3. Mediate for and conciliate parties in conflict to the end that judicial, quasijudicial, prosecutorial and administrative actions are avoided. The procedure of the Katarungan Pambarangay under the Local Government Code of 1991 shall be observed;
4. Submit quarterly report of cases of anti-discrimination to the Butuan City Hu-
m. SP ORDINANCE NO. 4728-2015 - Ordinance on Mainstreaming Human Righs SECTION 5. P[ROHIBITED ACTS. It is prohibited for any person, group, group of persons, or entity to commit any act of discrimination against any person or group
See ordinance, page B11
FOR ADS PLACEMENT CALL OR TEXT: +63917-712-1424 • +63947-893-5776 E-Mail: mindanaodailynews@gmail.com
Ordinance
Ordinance... from page B10
man Rights Action Center;
5. Implement programs that shall ensure that discrimination is prevented and effectively addressed; and
6. Conduct advocacy programs thru effective information and educational campaigns to prevent incidents of discrimination in their respective localities.
SECTION 8. ANTI-DISCRIMINATION PROGRAMS. The City Government of Butuan, through the City Human Rights Action Center, shall endeavor to ensure that discrimination in the city is effectively addressed through the following antidiscrimination programs:
a) Discrimination and Stigma Reduction Programs
1.
-
2.
Documentation, research and setting up databank of different cases and experiences of stigma and discrimination.
3. Discrimination and Stigma Monitoring
-
This refers to monitoring of discriminating articles, videos, books, and other materials published in print media and internet, and broadcasted through television and radio, and filing of appropriate charges.
b) Access to Scholarships, Skills, Employment and Livelihood Opportunities
Conduct of a comprehensive consciousness and awareness-raising campaign to develop knowledge and harness skills and values formation on respect for human rights and human dignity in private and public institutions, establishments, organizations and communities.
Discrimination and Stigma Studies and Databank -
Capacity Building and Education Campaign
The City Government shall ensure that all persons shall have equal access to scholarship, skills training, and employment, livelihood and microfinance opportunities;
c) Access to Health Services and Programs
The City Government shall ensure that all persons shall have equal access to scholarships, skills training, and employment, livelihood and microfinance opportunities;
d) Access to Legal Representation
The City Government shall facilitate the referral of victims of stigma and discrimination to proper government agencies for legal representation.
e) Policy review
The City Government, through the Sangguniang Panlungsod, shall ensure that all policies, resolutions, ordinances, codes, and related documents are free from discriminatory statements and provisions and undertake amendments of those provisions that shall be deemed discriminatory to effectively eliminate discrimination, stigma and stereo types.
SECTION 9. IMPLEMENTING MECHANISM
1. The Butuan City Human Rights Action Center and the City Human Rights Action Team shall be responsible for the implementation of this Ordinance. It shall coordinate with the appropriate City Government Offices and other government agencies to execute its mandated duties as herein provided and implement the programs provided for under Section 9 hereof:
2. Complaints shall first be lodged at Barangay Human Rights Action Team which shall refer to exhaust all available means to prosecutorial and administrative actions are avoided. The provisions of the Katarungang Pambarangay of the Local Government Code shall be applied.
3. Work-related discrimination shall be subject to the provisions of the Labor Code of the Philippines and other pertinent laws such as, but not limited to, the Magna Carta of Persons with Disability, Magna Carta of Senior Citizens, Child and Youth Welfare Code, Magna Carta of Women, Magna Carta for Public School Teachers, and Indigenous People Rights Act, among others.
Wednesday, December 21, 2016
B11
SECTION 12. APPROPRIATION OF FUNDS. For the Calendar year 2016, an appropriation of Two Hundred and Fifty Thousand Pesos (PhP250,000.00) or so much thereof, shall be placed under the Butuan City Human Rights Action Center through the City Legal Office for the operations relative to the implementation of this Ordinance. The said Office shall make a budgetary program to ensure the proper utilization thereof. For every year thereafter, the same amount shall be required minimum annual appropriations, subject to increase per justification proposed by the Butuan City Human Rights Action Team. The Barangay Councils shall appropriate a budget for the enforcement of this Ordinance, as proposed by their respective Barangay Human Rights Action Team. SECTION 13. REPEALING CLAUSE. Any ordinance or provisions thereof that is contrary or inconsistent with this Ordinance or any of its provisions is hereby repealed, modified, or amended accordingly. SECTION 14. SEPARABIITY CLAUSE. If any provision of this Ordinance is deemed invalid or unconstitutional, all the other provisions which are not affected thereby shall remain valid and enforceable. SECTION 15. EFFECTIVITY. This Ordinance shall take effect ten (10) days from the date a copy thereof is posted in a bulletin board at the entrance of the City Hall and in at least two (2) other conspicuous places in the City, among other requirements stipulated in Section 50 of R.A. 7160 or the Local Government Code of 1991, and Section 511 thereof, especially for the posting and publication of ordinances with penal sanctions for a minimum period of three consecutive weeks. SECTION 16. LET COPIES of this Ordinance be furnished the Offices of the City Mayor, the City Administrator, the City Legal Officer, and the City Social Welfare and Development Officer, the City Public Information Office, and the Office of the Liga ng Mga Barangay, Department of Education, Department of Social Welfare and Development (DSWD), Commission on Human Rights (CHR), Indigenous Peoples (IPs), National Commission on Indigenous Peoples-Caraga Region (NCIP-Caraga Region), Philippine National Police Office-Butuan City Police Office (PNP-BCPO), for their information and guidance. UNANIMOUSLY APPROVED June 13, 2016
Date Enacted:
APPROVED:
(SGD.) ANGELO S. CALO City Vice Mayor Presiding Officer ATTESTED: (SGD.) AURORA B. CABALLES City Government Department Head II City Secretary SUBMITTED FOR APPROVAL:
(SGD.) FERDINAND M. AMANTE, JR. City Mayor DATE APPROVED: June 30, 2016
Authors: Hon. Hon. Hon. Hon. Hon. Hon. Movant: Hon. Seconder: Hon.
Rema E. Burdeos Samuel Allan M. Amante Ryan Anthony B. Culima Erwin L. Dano Virgilio G. Nery, Jr. Jaime M. Cembrano, Jr. Nestor D. Amora Samuel Allan M. Amante.
Hon. Hon. Hon. Hon. Hon. Hon.
Vice Mayor Angelo S. Calo Ramon P. Carampatana Ferdinand E. Nalcot Sergio C. Pascual Derrick A. Plaza Nestor D. Amora
ooo000oooo Republic of the Philippines TANGGAPAN NG SANGGUNIANG PANLUNGSOD Lungsod ng Butuan 14th Sangguniang Panlungsod 10th Regular Session Series of 2016
SECTION 10. PENALTIES. Any person, natural or juridical, including any government or private corporation, institution or company, that commits discrimination as stipulated in this Ordinance and in other relevant national and local policies shall likewise be held liable under this Ordinance.
AN ORDINANCE ADOPTED BY THE HONORABLE SANGGUNIANG PANLUNGSOD OF THE CITY OF BUTUAN IN ITS REGULAR SESSION HELD AT THE SP SESSION HALL ON SEPTEMBER 8, 2016
Any person who requests, instructs, induces, encourages, authorizes or assists another to commit acts of discrimination shall likewise be held liable under this Ordinance.
PRESENT:
Any person or entity that violates the provision of this Ordinance shall be penalized in the following manner:
1. First Offense
- a fine of One Thousand Pesos (PhP1,000.00) or an imprisonment of one (1) day to thirty (30) days or both such fine, at the discretion of the court. 2. Second Offense - a fine of Three Thousand Pesos (PhP3,000.00) or an imprisonment of one (1) month and one (1) day to six (6) months or both such fine, at the discretion of the court. (1) Offenses committed a third time or more - a fine of Five Thousand (PhP5,000.00) or an imprisonment of six (6) months and one (1) day to one (1) year or both such fine, at the discretion of the court. For judicial powers, the penalty of imprisonment shall be imposed against the Officer, directors/trustees who committed such discriminatory acts. SECTION 11. INFORMATION CAMPAIGN. Within six (6) months from the effectivity of this Ordinance, the Butuan City Human Rights Action Team and Barangay Human Rights Action Center shall have been organized. With the help of the City Public Information Office and the respective barangay councils, they shall respectively conduct information and education campaign to inform the public on the provision of this Ordinance.
Honorable Jose S. Aquino II - City Vice Mayor Presiding Officer Honorable Glenn C. Carampatana - Member Honorable Ferdinand E. Nalcot - Member Honorable Derrick A. Plaza - Member Honorable Cromwell P. Nortega - Member Honorable Cherry May G. Busa - Member Honorable Vincent Rizal C. Rosario - Member Honorable Ehrnest John C. Sanchez - Member Honorable John Gil S. Unay, Jr. - Member ON OFFICIAL BUSINESS:
Honorable Rema E. Burdeos Honorable Joseph Omar O. Andaya
- Member - Member
ABSENT: Honorable Nestor D. Amora - Member, President Liga ng Mga Punong Barangay The meeting was called to order at exactly 11:05 in the morning. <<>> MDN: Dec 21, 2016
B12
FOR ADS PLACEMENT CALL OR TEXT: 0917-712-1424 • 0947-893-5776 E-Mail: mindanaodailynews@gmail.com
Wednesday, December 21, 2016
Worker... from page B1
sports fests and educational trips. Compassion, care, and dignity Child protection is an important part of the work of a staff of the RRCY. That is why implementing child protection programs are now strictly observed inside the center. With this, Miss Ipang, as a social worker, ensured that vulnerable children are protected, to the best of her ability, wherever they are. Free from discrimination, she treated the CICLs with compassion, care, dignity, and understanding who are undergoing rehabilitation inside the DSWD-run center. To address issues and concerns RRCY were facing, Ipang implemented some programs at the center and made it to a point to all her colleagues that they are working as a team. She advocates for improved laws, policies, and systems in the center to realize and achieve the goal of RRCY which is the rehabilitation of clients. This happened when Ipang was sent to a training in Cebu on Therapeutic Community. She applied her learnings from the training and re-echoed all her learnings to her co-workers through an orientation. This paved the way for the implementation of programs and services at the center which involved both staff and clients. Such implementation is geared towards improving and changing the atmosphere of the center and the rehabilitation efforts as well. She amplified the implementation with the several learnings from trainings she attended relative to handling difficult behavior of the CICLs. This resulted in the gradual improvement of the behavior of the children clients inside the center. Each client embraced the changes, thereby
making them believers of peace, love, and understanding. There are no more reported conflicts among clients within the center. The continuous pursuit of excellent performance is Ipang’s mantra in serving the clients at the center. As it is, she was promoted as center head in 2004 and assumed office in 2005. Her first month was quite difficult. As a newly-hired center head, for a while, she performed two functions: a center head and a case manager/social worker since the social worker position was vacant at that time and filling up the position was still on screening process. Her multi-tasking performance declined when DSWD hired another social worker in 2007. With her expertise, all problems and difficult situations arising and encountered by the staff and by the center were addressed. Change has come, from being unattractive, offensive, and dilapidated buildings of the center to becoming a Center of Excellence after passing and maintaining the accreditation of the Standards Bureau of DSWD. As Level III accredited center, RRCY has become a world standard in providing rehabilitation to CICLs. The Protective Services Unit of DSWD which directs and manages center heads are well aware of the personal contributions of Ipang in making the center free from children’s conflicts, vandalism, and vices among CICLs. Rosemarie Conde, PSU head, disclosed that Ipang would immediately find solutions and resolve complex problems, a rare and enviable ability in center heads now. “She always innovates and closely work with her colleagues, inspiring and encouraging them to work as a team. She has greatly contributed to the development of the center and the total rehabilitation of the children as a
center head and as a mother to all in the center,” added Conde. The mother image resonates throughout the center that resulted in more productive and valuable clients. One of the examples is the client Rustie Quintana. Quintana, after undergoing formation and rehabilitation at the center was awarded as one of the Ten Outstanding Youth of the Philippines. No less than the former President Benigno S. Aquino III handed the award to Mr. Quintana. Committed and dedicated For the last three years, there have been significant transformations of RRCY under the leadership of Ipang. Her hardwork and perseverance in running the center of DSWD has been enormous that DSWD officials, through former Regional Director Atty. Araceli F. Solamillo and current RD Nestor Briones Ramos, exerted and all out support to the programs and services implemented at RRCY. From the dilapidated building to new and more buildings, Ipang commits to giving excellent service to the clients. She also repaired and renovated some RRCY facilities and amenities to pave the way for a conducive rehabilitation center for CICLs. This include the construction of as new building which now serves as the administration building of the center, making the homelife area safe and spacious for the residents to live in, completing the guest house. The extension area of the administration building now serves as the venue for learning like the conduct of skills training, lectures, meetings, and many other purposes. Based on PSU’s observation, RRCY has tremendously evolved from a mere stop-over of CICLs to a world class rehabilitation center. Ipang has contributed to the over- all impact of the center’s operation and achievement as
Level III accredited center. Resource Generation Ipang mobilized resources for the completion of the second floor of the administration building. The Department of Public Works and Highways based in Gingoog City pledged for its construction and completion of a building, involving the total amount of P2 million. She has inked a memorandum of understanding for its completion. In addition, DSWD hired good and competent staff assigned at the center that complements Ipang’s quest for transformation of the center and processing the lives of the residents. They comprise the team in providing wholistic approach to the residents. They still use and apply the therapeutic community and milleu therapy as part of the approaches of the staff in dealing the multi-faceted problems of the residents. These approaches have contributed to the zero to two percent performance as far as abscondence of wards is concerned. Abscondence is an act of clients of the center leaving without permission. This is a clear indication that residents have been enjoying the quality of care bestowed upon them by the staff, thereby making them comfortable, safe, and secured. Recognition and commendation RRCY under Ipang’s received commendations from DSWD Central Office for attaining the highest standard of accreditation, the Level Three (3) or as a center of excellence. The said accreditation was made in December 2015. The commitment for excellent service to the clients never ends with the recognition and honor received. Ipang and the rest of the staff maintained the level of excellence. In November 2016, The Standards Bureau of DSWD monitored and assessed
the recent operation of RRCY and it found out that the center has maintained it world class quality of service and programs to the clients. “The strong leadership of Ipang is evident and this could be attributed to her over-all performance as the center manager, garnering an outstanding performance over and above other centers/ facilities run and managed by DSWD Field Office 10,” said Assistant Regional Director for Administration, Manuel M. Borres. Borres added that RRCY-10 stands as one of the most prestigious centers in the Philippines, a facility which can be called a social laboratory where private organizations, non-governmental organizations and government organizations will look upon for possible replication. Moreover, case management process and records keeping are well-organized and monitored. The intervention program of each resident is based on their psycho-social needs thereby rehabilitation of CICLs admitted in the facility.
Seized... from page B1
watershed because it is not only the source of water for the residents but also the source of the hydroelectric power plants that supply more than half of Mindanao’s electricity needs. Illegal logging was among the factors that exacerbated the situation when typhoon Sendong struck Lanao, Misamis Orietnal and Bukidnon on December 16-17, 2011. Thousands of logs were found on the shores of Iligan the morning after. Neric Acosta, then Presidential Adviser for Environmental Protection who joined then President Aquino in an aerial survey of the devastation described it as “like a tsunami in reverse-from coast to sea, a
tsunami from the uplands” and the estimated 6,000 logs that rolled down the mountains as a “carpet of logs and debris lining the Iligan coast.” Iligan City reported on its website then that 5,683 houses and two elementary schools were totally damaged and 16,788 homes partially damaged. Most of these were destroyed when logs slammed on houses and schools at the height of floods brought about by Sendong. A total of 890 dead bodies were recovered, 666 of them identified while the remaining 224 were unidentified. At least 566 persons were reported missing while 4,511 were injured. On January 17, 2012, Iligan’s Representative to Congress, Vicente Belmonte, delivered a privilege speech urgng a legislative inquiry following the resolution of Iligan’s City Council that urged the national government to create a task force force to probe illegal logging operations despite then President Benigno Aquino’s total log ban directive issued in 2011. Belmonte said the investigative body will determine and identify loggers who are operating in the hinterland communities of the two Lanao provinces and to stop these companies from wanton destruction of the remaining forest reserves in Lanao. Kedtag also said they noticed deforested areas had been converted to plantations of high-value crops such as cacao, coffee, rubber and falcata. “I think we don’t just blame the timber cutters, we need to take also efforts and strategy to help these local folks engaged in illegal logging shift to other sources of living” he said. Kedtag said they are still gathering information on the identity of the sawmill operators and preparing legal charges against them. (Ferdinandh B. Cabrera / MindaNews)