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Barangay Ordinance No. 01, Resolution No.

69,s-2011
EXCERPTS FROM THE MINUTES OF THE REGULAR SESSION OF THE
SANGGUNIANG BAYAN OF CUYAPO, NUEVA ECIJA, HELD ON MAY 23, 2011
AT THE SANGGUNIANG BAYAN SESSION HALL.
Present:
Ramos Presiding Officer

Hon. Vice Mayor Cinderella E.


Hon. SBM Jaime DL Batac
Hon. SBM Mussolini B. Agpalo
Hon. SBM Reynaldo P. Delos Reyes
Hon. SBM Jerry M. Marcos
Hon. SBM Virgilio C. Aquino
Hon. SBM Dominador C. Sumalbag
Hon. SBM Antonio V. Ysmael
Hon: SBM Ma. Agatha Grace U.

Corpus
Absent:

Hon. SBM June Paul A. Mendoza


Hon. SBM David Roy N. Delo

RESOLUTION NO. 69, s-2011


RESOLUTION ADOPTING BARANGAY ORDINANCE NO. 01 SERIES OF 2011
OF BARANGAY BENTIGAN, CUYAPO, NUEVA ECIJA
WHEREAS, the Local Government Code provides, The Barangays may levy
taxes, fees and charges which shall exclusively accrue to them;
WHEREAS, Resolution No. No. 04 , s-2011 of Barangay Bentigan embodying
Barangay Ordinance No. 01, s-2011 was submitted in this office for approval;
WHEREAS, after a thorough review by the Committee on Ways and Means and
upon recommendation of the Municipal Treasurers Office in-charge with the
imposition of taxes, this Barangay Ordinance is found to be in conformity with the
provisions of the Local Government Code and the Municipal Revenue Code;
NOW THEREFORE, on motion of SBM Jaime DL. Batac and duly seconded
by SBM Dominador C. Sumalbag, this Body in an open session assembled
RESOLVES as it is hereby RESOLVED to approve the following barangay
ordinance to wit;
RESOLUTION NO. 04, s-2011

RESOLUTION ENACTING BARANGAY ORDINANCE NO. 01, s-2011, AN


ORDINANCE AMENDING FOUNDAGE FEE ON IMPOUNDING ASTRAY
ANIMALS
WHEREAS, a Resolution No. 4,s-2011 enacting the ordinance of the
Sangguniang Barangay passed to the Sangguniang Bayan to help the lives of
the Barangay.
WHEREAS, the collectibles amount should have accrued to the general
fund of the barangay and should have been used for projects, development and
social services that will benefit the people of the barangay as such future. Unpaid
fees will no longer be tolerated;

N O W T H E R E F O R E;
Be enacted by the Sangguniang Barangay on motion of Kagawad Juliana T.
Amorada and duly seconded by Kagawad Luzvimindo Lozano, this Body, in an
open session duly assembled RESOLVES, as it is hereby RESOLVED to enact
the following Barangay Ordinance to wit::
BARANGAY ORDINANCE NO. 01,s-2011
AN ORDINANCE AMENDING FOUNDAGE FEE OR IMPOUNDING OF
ASTRAY ANIMALS
Be it ordained by the Sangguniang Barangay of Bentigan, Cuyapo, Nueva Ecija
that:
Section 1:

Definition of Terms:
1. Large Cattle this includes carabao, cow, horses,
goats and other domesticated animals.
2. Astray Animals refer to an animal which is set loose,
unrestrained and not under complete control of the
owner or the one in charge or in possession.
3. Private Places refer to a private yards, rice fields or
farmyards.

Section 2:
2.1

General Provisions:
No Animals shall be found roaming at large in any private places.

2.2
Any animal found destroying the planted rice, corn; vegetables shall
be impounded at the barangay hall as designated impounding area.
2.3
An apprehended animal as mentioned in Section 2.2 shall be kept
under the custody of the duty officer or duty tanod and be only released upon
payment of fine.
2.4
The SB Tanods and concerned citizens are authorized to implement
and enforce this ordinance.
Section 3:

Penalty Provisions:

3.1
Owners of the apprehended animal shall be fined:
First Offense
P100.00/head
Second Offense
P150.00/head
Third Offense
P175.00/head
3.2
Repetition of the violation shall be grounds for the confiscation of the
animal or depend on the decision of the Punong Barangay.
3.3
Fines collected goes to the Barangay General Fund.
Section 4:

Repealing Clause:

All previous ordinances inconsistent with the provisions of this Barangay


Ordinance are hereby repealed
Section 5:

Affectivity:

This ordinance shall take effect upon approval.


RESOLVED FURTHER, let copies of this Resolution/Ordinance be
furnished all parties concerned;
UNANIMOUSLY APPROVED.
Certified Correct:
BERNADETTE G. CABERTO
Secretary to the Sangguniang
Bayan
Attested:

CINDERELLA E. RAMOS
Vice-Mayor / Presiding Officer
Concurred:
HON. SBM JAIME DL BATAC
AGPALO

HON. SBM MUSSOLINI B.

HON. SBM REYNALDO P. DELOS REYES


MARCOS
HON. SBM VIRGILIO C. AQUINO
SUMALBAG

HON. SBM JERRY M.

HON. SBM DOMINADOR C.

HON. SBM ANTONIO V. YSMAEL


GRACE U. CORPUS

HON. SBM MA. AGATHA

Approved:
AMADO R. CORPUS, JR.
Municipal Mayor

ORDINANCE 05 series of 2001


EXCERPT FROM THE MINUTES OF THE 17 TH REGULAR SESSION OF THE SANGGUNIANG
PANLUNGSOD, CITY OF GENERAL SANTOS, HELD AT THE SESSION HALL ON THURSDAY,
OCTOBER 25, 2001.
PRESENT:
Hon. Florentina L. Congson
City Vice Mayor and Presiding Officer
Hon. Lourdes F. Casabuena
City Councilor (Floor Leader)
Hon. Minda L. Atendido
City Councilor (2nd Assistant Floor Leader)
Hon. Cesar B. Baas
City Councilor
Hon. Minardo A. Avila, Jr.
City Councilor
Hon. Jose Mari C. Natividad
City Councilor (1st Assistant Floor Leader)
Hon. Eduardo D. Leyson III
City Councilor
Hon. Franklin M. Gacal, Jr.
City Councilor
Hon. Ramon R. Melliza
City Councilor
Hon. Zoilo C. Abing, Sr.
City Councilor
Hon. Orlando A. Oco
City Councilor
Hon. Jose Mariano Constantino G. Gonzalez
City Councilor
Hon. Jacinto C. Acharon
City Councilor (ABC President)
Hon. Maureen Christy N. Rodriguez Padayao City Councilor (SK Federation President)

ABSENT:
Hon. Jose Orlando R. Acharon

City Councilor (President Pro Tempore) (O.B.)

WHEREAS,
Sub-paragraph
(viii),
Paragraph (4), Section 458 of RA 7160,
otherwise known as the Local
Government Code of 1991 explicitly
vests to the Sangguniang Panlungsod
concerned the authority, among others,
to provide for the impounding of astray
animals within its territorial jurisdiction;
WHEREAS, this Sangguniang Panlungsod finds it timely, proper and necessary to regulate the presence
of astray animals within the City of General Santos as some concerned organizations have already been
conveying their desire for the enactment of such legislative measure to safeguard the public from the
dangers that may be brought about by incidental animal bites;
WHEREAS, the Office of the City Mayor, in its letter-request of September 3, 2001 to this Sangguniang
Panlungsod, has also cordially sought the enactment of an Ordinance that will enable the constitution of
General Santos City Pound purposely to deter the proliferation in the City of astray animals;
NOW, THEREFORE, on motion of City Councilor Ramon R. Melliza, duly seconded by City Councilors
Lourdes F. Casabuena, Minda L. Atendido and Cesar B. Baas, be it
RESOLVED, as it is hereby resolved, to enact this Ordinance:

ORDINANCE NO. 05
Series of 2001
AN ORDINANCE PROHIBITING THE PRESENCE OF ASTRAY ANIMALS IN ALL PUBLIC PLACES
WITHIN GENERAL SANTOS CITY, AUTHORIZING FOR THIS PURPOSE THE ESTABLISHMENT OF
GENERAL SANTOS CITY POUND AND THE COLLECTION OF FEES FOR THE USE THEREOF, AND
FOR OTHER PURPOSES
------------------------Hon. Ramon R. Melliza Sponsor
------------------------Be it ordained by this Sangguniang Panlungsod of General Santos that:

Section 1.
Short Title. This Ordinance shall be known as The Anti-Astray Animal Ordinance of
the City of General Santos.
Section 2.
to mean as:

- Definition of Terms. As used in this Ordinance the following terms shall be understood

ASTRAY ANIMAL any domesticated animal such as dogs, cattle, poultry, rabbits, horses,
goats, carabaos, cows, cats, and the like without being accompanied by an owner or tamer at loose or
elsewhere wandering in public places within the city.

GENERAL SANTOS CITY POUND a fixed enclosure, hereinafter referred to as City Pound,
complete with some personnel and facilities where animals found to be astray in public places within the
city are kept or seized for the time being.
Section 3. - Prohibited Acts. (a) No person shall allow or neglect his/her animal to wander or go astray in
all public places within the City of General Santos. If his/her astray animal is captured and kept in the City
Pound and he/she fails to claim it within seven (7) days from notice for such purpose, he/she is liable for
the penalty provided for under Section 8 hereof. Germane to this, the Citys Auxiliary Traffic Enforcers are
hereby deputized to capture any animal found to be astray and to immediately commit such animal to the
City Pound. Any other person may do the capturing and commit the same to the City Pound;
(b) Immediately after such animal has been committed to the City Pound, the Office of the City
Veterinarian shall cause the finding of the whereabouts of its owner and/or tamer. He shall then cause
such owner and/or tamer to be formally notified of the capture and detention of his/her animal and thereby
direct such person to forthwith claim the same. Said owner and/or tamer shall be made to pay the
prescribed fees required for the release of his/her detained animal as provided for under Section 6(d)
hereof;
(c) It shall be unlawful for any personnel charged with the custody of captured astray animals to maltreat,
torture, poison or inflict any suffering or harm to such animals. This prohibition applies to any private
person. This prohibited act is penalized under Section 8 hereof.
(d) No farmer or Non-governmental organization/peoples organization who was chosen as beneficiary of
the astray animals as provided for under Section 4 (c) hereof shall dispose of, sell, maltreat, torture or kill
such animal, except if the killing/ slaughtering is permitted under the law.
Section 4.- Disposal of Unclaimed Animals. (a) All animals found to be astray shall be seized and
impounded at the City Pound until such time that said animal is properly claimed by person(s) purporting
to be its owner and/or tamer, or until such time that such animal is sold to any interested parties after
seven (7) days following notice to the owner of its capture or after seven (7) from notice as provided
under Section 4(e) hereof.
(b) All unclaimed astray animals at the City pound are entitled to proper custody, care shelter and
sustenance.
(c) No such animal shall stay detained at the City Pound for more than fifteen (15) days after notice to the
owner or notice to the public as provided under Section 4 (e) hereof. If astray dogs or cats are not sold to
any interested party within the said period, the same shall be offered to any duly-accredited NONGOVERNMENT ORGANIZATION (NGO)/PEOPLES ORGANIZATION (PO) of animal lovers for care and
proper disposition. In the case of poultry, rabbits, horses, cows, goats or carabaos, the same shall be
turned-over to the Office of the City Agriculturist for proper disposition to deserving farmers in the City
after
consulting
the
accredited
NON-GOVERNMENT
ORGANIZATION
(NGO)/PEOPLES
ORGANIZATION (PO) of farmers for this purpose, if there be any. The beneficiary NGO/PO or farmer, as
the case may be, is prohibited from disposing, selling, maltreating, torturing or killing of the said animal,
except if the killing/slaughtering is permitted under the law.

(d) The City Government shall have the right to auction any unclaimed animals detained at the City
Pound, the proceeds of which shall accrue to the coffers thereof. After seven (7) days following notice to
the owner or tamer thereof or notice as posted in accordance with Section 4(e), the animals detained at
the City Pound shall become eligible for auction to any interested parties if the same remains to be
unclaimed by the owner and/or tamer, or that no person purports to be its owner or tamer;
(e) The Office of the City Veterinarian which has charge of administering the City Pound shall make public
the list of all unclaimed animals and their corresponding general description which shall include their kind,
breed, color, markings if any, and other characteristics for the information and interest of all concerned.
The list shall be posted at said office of the City Veterinarian, lobby of the city hall and at barangay halls of
all the barangays in the city. Upon the capture of the astray animal, it shall likewise immediately post a
written notice on the afore stated places which notice shall contain the kind, breed, color, markings, if any,
and other characteristics and requiring the owner/ tamer thereof to claim the animals within seven (7)
days from date of notice.
Section 5.
- Establishment of Animal Pound. (a) There shall be established a City Pound to be
named as General Santos City Pound at which captured astray animals found to be astray in public
places within the City shall be kept for the time being;
(b) The City Pound shall be situated at a definite site within the City of General Santos which environment
is conducive and not harmful to animal health and safety. Such site shall be determined and designated
by the City Mayor and shall not be contrary to the zoning plan or zoning ordinance of the city;
(c) The City Pound shall be administered by the Office of the City Veterinarian and shall consist of
facilities necessary to properly carry- out the purposes and functions of an animal pound;
(d) Funds necessary for the establishment and operation of the City Pound shall be appropriated in the
City Governments annual budget or any appropriation ordinance, subject to the pertinent provisions of
RA 7160 or the Local Code of 1991, and other applicable laws, rules and regulations.
Section 6.
Custody and Release of Astray Animals. (a) The Office of the City Veterinarian shall be
responsible to secure for the life, health and safety of all animals detained at the City Pound. Such Office
may, however, coordinate with the Office of the City Agriculturist as often as necessary in making some
vital actions or decisions necessary and beneficial to the well-being of such animals;
(b) To insure the general welfare of animals detained at the City Pound, the City Veterinarian, after
conducting regular diagnosis to each, shall have the exclusive discretion to order the segregation and
seclusion of any such animals found to have been afflicted by contagious diseases either at the time of its
finding or during detention. Should an animal die during detention, the same shall be buried in a place
and manner that the health and safety of the public are not endangered;
(c) The City Veterinarian shall prescribe for the regular/daily dietary consumption and supplements of all
animals detained at the City Pound, taking into consideration the capacity of the City Government to
provide of such necessities and requirements. Should an animal die during detention, the same shall be
buried in manner and place that it should not endanger the health and safety of the public;
(d) All animals at the City Pound shall be released to their respective claimants only upon showing of
proof that they are owners or tamers and upon payment of an impounding fee in the amount of three
hundred pesos per day of detention per animal (P 300.00/day/animal), regardless of kind, size or breed.
Section 7. Disbursement of Impounding Fees. (a) Fees collected and accumulated as consequence of
the enforcement of this Ordinance shall be held in trust by the City Government to be allocated only for
the purpose of financing the maintenance and operation of the City Pound, or other activities relative

thereto. Allocation and disbursement of said funds shall be in accordance with the pertinent provisions of
Chapter 2, Title V of RA 7160 or the Local Government Code of 1991, and other applicable laws, rules
and regulations.
Section 8. - Penalty Clause. Any person who violates any of the provisions of this Ordinance shall, upon
conviction by final judgment, be punished by fine of not less than one thousand pesos
(P 1,000.00)
but not more than five thousand pesos (5,000.00).
Section 9. - Repealing Clause. All Ordinances, Resolutions, Orders, Memoranda, and other Issuances not
consistent with this Ordinance are repealed.
Section 10. Separability Clause. If for certain reasons some provisions of this Ordinance are found to be
invalid or unconstitutional, all other provisions hereof not affected thereby shall remain to be in full force
and effect.
Section 11: Effectivity Clause. This Ordinance shall take effect after fifteen (15) days following the
completion of its full publication in any newspaper of general circulation within the City of General Santos.
Enacted by the Sangguniang Panlungsod, City of General Santos, on its 17 th Regular Session held on
October 25, 2001.
CERTIFIED CORRECT:
(SGD) LOLITA P. PEDRO
Board Secretary III
ATTESTED BY:

(SGD) FLORENTINA L.
CONGSON
City Vice-Mayor and Presiding Officer
Approved by His Honor, the City Mayor on December 6, 2001.
(SGD) PEDRO B. ACHARON, JR.
City Mayor