Republic of the Philippines

CITY OF DAVAO
Office of the City Council

COMMITTEE ON RULES, PRIVILEGES, LAWS AND ORDINANCES

COMMITTEE REPORT ON ITEM NO. 873

RE: MEMORANDUM OF AGREEMENT TO BE ENTERED INTO
BY AND BETWEEN THE CITY GOVERNMENT OF DAVAO CITY
AND ABOITIZ FOUNDATION, INC. RELATIVE TO THE
COUNTERPART FUND FOR THE CONSTRUCTION OF SCIENCE
LABORATORY BUILDING AT BINUGAO NATIONAL HIGH
SCHOOL.

Background
1. This pertains to a Memorandum Of Agreement To Be Entered Into By And
Between The City Government Of Davao City And Aboitiz Foundation, Inc.
Relative To The Counterpart Fund For The Construction Of Science Laboratory
Building At Binugao National High School;
Highlights
2. ABOITIZ FOUNDATION submitted a proposal to the City of Davao to construct and
furnish a one (1)-storey science laboratory building for Binugao National High
School in Barangay Binugao, Toril, Davao City;
3. ABOITIZ FOUNDATION can provide financial assistance to cover only up to
seventy percent (70%) of the Project Cost or the amount of One Million Four
Hundred Twelve Thousand Three Hundred Eighteen Pesos and 79/100 (Php
1,412,318.79), and thus, there is a need for another entity to fund the remaining
thirty percent (30%) of the Project Cost;
4. Under Section 36 of the Local Government Code, a local government unit may
render assistance to peoples and non-governmental organizations for economic,
socially-oriented, environmental, or cultural projects to be implemented within
the territorial jurisdiction of the local government unit;
5. The City of Davao has agreed to provide financial assistance equivalent to thirty
percent (30%) of the Project Cost in an amount equivalent to Six Hundred Five
Thousand Two Hundred Seventy-Nine Pesos & 48/100 (P605, 279. 48) to help
defray the cost of the construction of the School Building and the acquisition and
installation of furniture and equipment therein;
6. The City Budget Office certified that an appropriation of Six Hundred Five
Thousand Two Hundred Seventy-Nine Pesos & 48/100 (P605, 279. 48) is available
under CY 2014, SEF SB2 3322, as counterpart fund for the construction of a
Science Laboratory Building at Binugao National High School (in MOA with
Aboitiz Foundation, Inc.);
7. The said certification is issued to support the Memorandum of Agreement with
the Aboitiz Foundation, Inc. as per Legal Opinion No. 295 s. 2014 dated August 5,
2014;
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Item 873/Committee on Rules, Privileges, Laws And Ordinances

Recommendation
8. In lieu of the aforementioned facts, this Committee recommends the passage of
the following legislations:

1. A Resolution to enact an Ordinance authorizing the City Mayor to sign for and
in behalf of the City Government of Davao the Memorandum of agreement to
be entered into by and between the City Government of Davao and Aboitiz
Foundation, Inc. relative to the counterpart fund for the construction of
science laboratory building at Binugao National High School.

2. An Ordinance authorizing the City Mayor to sign for and in behalf of the City
Government of Davao the Memorandum of agreement to be entered into by
and between the City Government of Davao and Aboitiz Foundation,
Inc. relative to the counterpart fund for the construction of science
laboratory building at Binugao National High School.
RESPECTFULLY SUBMITTED this ____ day of October 2014, in the City of Davao,
Philippines.

SIGNED BY THE SUB-COMMITTEE MEMBERS:

Item 873/Committee on Rules, Privileges, Laws And Ordinances

COMMITTEE ON RULES, PRIVILEGES, LAWS AND ORDINANCES

HON. BERNARD E. AL-AG

Chairperson

HON. BONIFACIO E. MILITAR

S. ALEJANDRE
Vice Chairperson

Member

HON. KARLO S. BELLO

LIBRADO

HON. LEAH A.

Member

Member

17th Legislative Body

____ Regular Session
Series of 2014

Republika ng Pilipinas
LUNGSOD NG DABAW
3

HON. AL RYAN

Item 873/Committee on Rules, Privileges, Laws And Ordinances

Sangguniang Panlungsod

RESOLUTION NO. __________

Series of 2014
A RESOLUTION ENACTING AN ORDINANCE GRANTING LEGISLATIVE
AUTHORITY TO THE CITY MAYOR OR HIS DULY AUTHORIZED
REPRESENTATIVE TO SIGN FOR AND IN BEHALF OF THE CITY
GOVERNMENT OF DAVAO (CGD), THE MEMORANDUM OF

AGREEMENT TO BE ENTERED INTO BY AND BETWEEN THE CITY

GOVERNMENT OF DAVAO AND ABOITIZ FOUNDATION, INC.
RELATIVE
TO
THE
COUNTERPART
FUND
FOR
THE
CONSTRUCTION OF SCIENCE LABORATORY BUILDING AT
WHEREAS, This pertains to a Memorandum Of Agreement To Be Entered Into By

And Between The City Government Of Davao City And Aboitiz Foundation, Inc.
Relative To The Counterpart Fund For The Construction Of Science Laboratory
Building At Binugao National High School;
WHEREAS, ABOITIZ FOUNDATION submitted a proposal to the City of Davao to
construct and furnish a one (1)-storey science laboratory building for Binugao
National High School in Barangay Binugao, Toril, Davao City;
WHEREAS, ABOITIZ FOUNDATION can provide financial assistance to cover only up
to seventy percent (70%) of the Project Cost or the amount of One Million Four
Hundred Twelve Thousand Three Hundred Eighteen Pesos and 79/100 (Php
1,412,318.79), and thus, there is a need for another entity to fund the remaining
thirty percent (30%) of the Project Cost;
WHEREAS, Under Section 36 of the Local Government Code, a local government
unit may render assistance to peoples and non-governmental organizations for
economic, socially-oriented, environmental, or cultural projects to be implemented
within the territorial jurisdiction of the local government unit;
WHEREAS, The City of Davao has agreed to provide financial assistance equivalent
to thirty percent (30%) of the Project Cost in an amount equivalent to Six Hundred
Five Thousand Two Hundred Seventy-Nine Pesos & 48/100 (P605, 279. 48) to help
defray the cost of the construction of the School Building and the acquisition and
installation of furniture and equipment therein;
WHEREAS, The City Budget Office certified that an appropriation of Six Hundred
Five Thousand Two Hundred Seventy-Nine Pesos & 48/100 (P605, 279. 48) is
available under CY 2014, SEF SB2 3322, as counterpart fund for the construction of
a Science Laboratory Building at Binugao National High School (in MOA with Aboitiz
Foundation, Inc.);
WHEREAS, The said certification is issued to support the Memorandum of
Agreement with the Aboitiz Foundation, Inc. as per Legal Opinion No. 295 s. 2014
dated August 5, 2014;
WHEREAS, there is a need that a Resolution be passed enacting an Ordinance
authorizing the City Mayor to sign for and in behalf of the City Government of
Davao, the Memorandum of agreement to be entered into by and between the City
Government of Davao and Aboitiz Foundation, Inc. relative to the counterpart fund
for the construction of science laboratory building at Binugao National High School;
NOW THEREFORE, be it resolved as it is hereby resolved that a resolution be
passed enacting an Ordinance authorizing the City Mayor to sign for and in behalf of
the City Government of Davao, the Memorandum of agreement to be entered into
by and between the City Government of Davao and Aboitiz Foundation, Inc. relative
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Item 873/Committee on Rules, Privileges, Laws And Ordinances

to the counterpart fund for the construction of science laboratory building at

Binugao National High School
RESOLVED FURTHER, that copies of this Resolution be furnished to the Office of
the City Mayor, Office of the Vice Mayor, and Local Government, and to all other
pertinent government agencies, departments and/or offices for their guidance and
information.

Done this______________, Davao City, Philippines.

Hon. Bernard E. Al-Ag

Chairperson, Committee on Rules, Privileges, Laws and Ordinances

ORDINANCE NO._______
Series of 2014
AN ORDINANCE AUTHORIZING THE CITY MAYOR TO SIGN FOR AND IN
BEHALF OF THE CITY GOVERNMENT OF DAVAO, THE MEMORANDUM
OF AGREEMENT TO BE ENTERED INTO BY AND BETWEEN THE CITY
GOVERNMENT OF DAVAO AND ABOITIZ FOUNDATION, INC. RELATIVE
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Item 873/Committee on Rules, Privileges, Laws And Ordinances

TO THE COUNTERPART FUND FOR THE CONSTRUCTION OF SCIENCE

LABORATORY BUILDING AT BINUGAO NATIONAL HIGH SCHOOL
Be it ordained by the Sangguniang Panlungsod of Davao City in session
assembled that:
SECTION 1. TITLE This Ordinance shall be known as An Ordinance
Authorizing The City Mayor To Sign For And In Behalf Of The City Government
Of Davao, The Memorandum Of Agreement To Be Entered Into By And
Between The City Government Of Davao And Aboitiz Foundation, Inc.
Relative To The Counterpart Fund For The Construction Of Science Laboratory
Building At Binugao National High School .

SECTION 2.DECLARATION OF POLICY Section 455, paragraph (b)

subparagraph (vi) of R.A. No. 7160 provides in part, to wit:
SECTION 455.
Chief Executive; Powers, Duties and
Compensation.
(b) For efficient, effective and economical governance the
purpose of which is the general welfare of the city mayor shall:
(vi) Represent the city in all its business transactions and sign in
its behalf all bonds, contracts, and obligations, and such other
documents upon authority of the Sangguniang Panlungsod or
pursuant to law or ordinance;

SECTION 3. AUTHORITY The City Mayor or his duly authorized

representative is hereby authorized to sign for and in behalf of the City
Government of Davao, the Memorandum of agreement to be entered into by
and between the City Government of Davao and Aboitiz Foundation, Inc.
relative to the counterpart fund for the construction of science laboratory
building at Binugao National High School;
SECTION 4. SEPARABILITY CLAUSE If, for any reason, any section or
provision of this Ordinance shall be declared unconstitutional or invalid, no
other section or provision shall be affected thereby;

SECTION 5. EFFECTIVITY CLAUSE This Ordinance shall take effect

immediately upon approval.

ENACTED, _______, 2014, in the City of Davao.

Item 873/Committee on Rules, Privileges, Laws And Ordinances