SANGGUNIANG PANLALAWIGAN

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EXCERPTS FROM THE MINUTES OF THE 115TH REGULAR SESSION OF
THE 8TH SANGGUNIANG PANLALAWIGAN HELD ON SEPTEMBER 20, 2021
(MONDAY) VIA ZOOM VIDEO CONFERENCE.

PRESENT: Hon. Maria Carmen S. Zamora Vice Governor/Presiding Officer

Hon. Arturo T. Uy Member
Hon. Kristine Mae T. Caballero-Rañon Member
Hon. Nena G. Atamosa Member
Hon. Raul B. Caballero Member
Hon. Marie Jude M. Fuentes-Lopoz Member
Hon. Renato B. Basañes Member
Hon. Vivencia L. Secuya Member
Hon. Macario T. Humol Member
Hon. Raul C. Timogtimog Member
Hon. Nicky R. Opisan Member
Hon. Albert P. Camana Member
Hon. Charlemagne B. Bautista Member

ABSENT:
Hon. Adolfo C. Ang Member
(On Leave)
Hon. Joseph T. Jauod Member
(On Official Business)

RESOLUTION NO.1433-2021

Sponsor:
Hon. Vivencia L. Secuya
-Sponsor:
Hon. Kristine Mae T. Caballero-Rañon, Hon. Albert P. Camana,
Hon. Charlemagne B. Bautista, Hon. Raul C. Timogtimog

“ A RESOLUTION ADOPTING THE MEMORANDUM OF AGREEMENT TO BE

ENTERED INTO BY AND AMONG THE PROVINCIAL GOVERNMENT OF DAVAO
DE ORO, THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES,
THE 2ND CONGRESSIONAL DISTRICT, THE MLGU NABUNTURAN, THE BLGU
MIPANGI, THE IP COMMUNITY AND THE LAND OCCUPANTS - RE: “OPERATION
OF BARANGAY MIPANGI TOURISM – DECLARED AREAS ”

WHEREAS, on August 19, 2021, the office of the Secretary to the Sanggunian
received the letter of the Honorable Governor, addressed to the Honorable Members of
the Sangguniang Panlalawigan through the Vice Governor/Presiding Officer, Hon. Maria
Carmen S. Zamora, MNSA, requesting for adoption on the afore-stated MOA, was
presented in the plenary for the august Body’s consideration and appropriate legislative
action;

WHEREAS, said MOA was calendared and referred to the Committee on

Tourism on August 23, 2021 during the 114th Regular Session of the Sangguniang
Panlalawigan, in which the Committee conducted its hearing on September 13, 2021
and came up with a recommendation of adopting said MOA;

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Res’n. No.1433-2021
(Page 2 .……………)

WHEREAS, after perusal of the pertinent documents it was found that the
subject of the said MOA submitted for review lacks necessary details specifically the
names of the authorized signatories and humbly suggest that the final form must
contain all the required information and the blanks should be properly filled out, specify
the parties, their duly authorized representative and other required details;

WHEREAS, several points should be addressed taking into consideration the

following provisions under the Local Government Code;

SECTION 130. Fundamental Principles. The following principles shall govern the
exercise of the taxing and other revenue-raising powers of local government
units:

(d) The revenue collected pursuant to the provision of this code shall inure solely
to the benefit of and be subject to the disposition by the local government unit
levying the tax, fee, charge or other imposition unless otherwise specifically
provided herein;

SECTION 152, Scope of Taxing Powers. The barangays may levy taxes, fees,
and charges, as provided in this Article, which shall exclusively accrue to them;

(b) Service Fees of Changes. Barangays may collect reasonable fees or charges
for services rendered in connection with the regulations or the use of barangay-
owned properties or service facilities such as palay, copra, or tobacco dryers;

(d) Other fees and Charges. The barangay may levy reasonable fees and
charges;

(2) On places of recreation which charge admission fees;

WHEREAS, the august Body upon perusing the contents of the MOA viewed it to
be valid, in accordance with RA 7160 Section 22, thus, it was upheld favorably.

WHEREFORE, on motion of Hon. Nicky R. Opisan duly seconded by Hon.

Nena G. Atamosa, Hon. Vivencia L. Secuya and Hon. Albert P. Camana, be it

RESOLVED to adopt, as the august Body is hereby adopting the Memorandum

of Agreement to be entered into by and among the Provincial Government of Davao de
Oro, the Department of Environment and Natural Resources, the 2nd Congressional
District, the MLGU Nabunturan, the BLGU Mipangi, the IP Community and the Land
Occupants - Re: Operation of Barangay Mipangi Tourism – Declared Areas;

RESOLVED FURTHER, that copies of this resolution be forwarded to all parties

concerned, for information and appropriate action.

CARRIED.

I hereby certify to the correctness of the above-quoted resolution.

THELMA R. CURIMAO-YUMANG, MPA

Secretary to the Sanggunian

Attested:

MARIA CARMEN S. ZAMORA, MNSA

(Vice Governor)
Presiding Officer