SUBJECT:CONSOLIDATED VERSION OF TWO (2) ANTI-KITE FLYING

ORDINANCES, AUTHORED BY HON. OANDASAN on one hand, and by

HON RAPANUT, HON SANIDAD AND HON MAGGAY
on the other hand, ENTITLED
“AN ORDINANCE PROHIBITING KITE FLYING NEAR THE
HIGHWAYS AND ROADS OF COMMERCE, AND USING THREAD
MADE OUT OF PLASTIC NYLON OR SIMILAR SYNTHETIC
MATERIAL INCLUDING CHINESE THREAD “MANJA” OR “MEDRO”
COATED WITH GLASS/METALLIC COMPONENTS”

I. BACKGROUND/PRELIMINARIES
1. This present Committee Report is dubbed as Second Committee Report view of
the existence of a First Committee Report dated __________________, whereby
the subject two (2) anti-kite flying ordinances were consolidated into One (1),
entitled as above-stated.
2. In the said First Committee Report the reasons for the consolidation of the subject
two (2) Ordinances were mentioned as follows:
a. The two (2) Ordinances deal with the same subject matter, namely the act
of flying kites;
b. Both Ordinances have the same constitutional basis- Section 5, Article II
of the 1987 Constitution;
c. Both Ordinances have the same statutory basis, namely Section 16 or the
“General Welfare Clauses” of the Local Government Code of 1991
2.1 These reasons were comprehensively discussed in the First Committee
Report.
3. This Second Committee Report emphasizes and affirms these reasons for the
consolidation.
4. On the basis of these, the First Committee Report recommended the unanimous
approval of the subject Consolidated Ordinance which was subsequently
approved.
II. UNANIMOUS APPROVAL AND STATUS
1. There was unanimous approval of the consolidated Ordinance of the August body,
the Sangguniang Panlalawigan of the Province of Ilocos Sur as the same was
already placed into Second Reading. So its present status is that it is now in the
Second Reading Stage.
III. HON. RONNIE R. RAPANUT
IS ESTOPPED FROM QUESTIONING THE CONSOLIDATION OF THE TWO
(2) ORDINANCES OF THE CONSOLIDATED ORDINANCE
1. During the reading of the First Committee Report, Hon. Rapanut made an oral
objection of the Consolidated two (2) Ordinances, for which reason, the Hon.
Presiding Officer, Vice Governor Jeremias “Jerry” C. Singson, made a
 pronouncement of “NOTED” on the objection and advised Hon. Rapanut and this
representation to talk the matter out;
2. Hon. Rapanut however did not talk to this representation nor submitted his written
objections to the consolidation of the two (2) Ordinances, giving the impression
that the consolidation is just alright and just permitted the consolidated to go into
Second Reading whereby amendments thereto are to be introduced.
3. Given the above circumstances, Hon. Rapanut is estopped from further
questioning the consolidation of the two (2) Ordinances. Its ruled by the supreme
court in the case of Berboso vs. CA, 494 SCRA 583. “Estopped by laches arises
from the negligence or omission to assert a right within a reasonable time
warranting a presumption that the party entitled to assert it either has abandoned
or declined to assert it.”
IV. THE SOVEREIGN WILL OF THE PEOPLE OF THE PROVINCE IN
CONSOLIDATING THE TWO (2) ORDINANCES CANNOT JUST BE UNDONE
BY ANYONE
1. The sovereign of the people of the Province of Ilocos Sur, through their chosen
representatives, have already unanimously approved the consolidation of the two
(2) Ordinances, under the principle of _____ law and sovereignty of the people,
this cannot just be undone.
V. UNDOING THE CONSOLIDATION IS NOT ONLY A VIOLATION OF THE
PEOPLES SOVEREIGN WILL BUT CONSTITUTES A BAD PRECEDENT
AGAINST THE STABILITY OF LEGISLATIVE PROCEEDINGS
1. Undoing the consolidation of the two (2) Ordinances at this stage does not only
violate the sovereign will of the people in consolidating the two (2) ordinances
but lays down or constitutes a bad precedent that rocks or destroy the stability of
legislative proceedings of the august body, the Sangguniang Panlalawigan.
2. If the undoing or separation is allowed, anyone at any time can just rock or
destroy what this august body, the Sangguniang Panlalawigan, has done or
accomplished such as the consolidation of Ordinances, that under the
circumstances need to be synchronized or consolidated. Hence, the instability of
legislative proceedings.
VI. THE RAPANUT ORDINACE ESSENTIALLY SHOULD BELONG TO THE
COMMITTEE ON PEACE, ORDER AND PUBLIC SAFETY
1. The Title of the Ordinance reads:
“AN ORDINANCE PROHIBITING KITE-FLYING WITH METALLIC
WIRE, NYLON CORD OR ANY OTHER THREAD COATED WITH
SHARP “MEDRO) (A MIXTURE OF CHEMICALS AND GROUND
GLASS OR ANY OTHER HARMFUL MATERIAL) WITHIN THE
PROVINCE OF ILOCOS SUR”
2. From the Title itself, it is very obvious that the Ordinance essentially should
belong to the Committee on Peace, Order and Public Safety because just like the
Ordinance of this humble representation, it seeks to protect and preserve public
order and safety, which may be endangered by irresponsible kite-flying such as
 that using metallic wires, nylon chord or any other thread coated with sharp
“medro”
3. This Committee including the humble representation were just surprised when the
Rapanut Ordinance was all of a sudden transferred to the Committee on Health.
VII. RECOMMENDATION
1. On the basis of all the foregoing this Committee recommends the continued
consolidation of the subject two (2) ordinances and the continuation of the Second
Reading of the Consolidated Ordinance
VIII. NONETHERELESS THIS COMMITTEE SHALL HONOR AND RESPECT THE
RULLING AND DECISION OF THE HONORABLE OFFICER
1. Nonetheless, in deference to the Honorable Presiding Officer who has the power
to make a ruling or decision or the matter, this Committee shall honor and respect
the ruling and decision of the Honorable Presiding Officer.