Repubic of the Philippines of 3 Minox ICIPALITY OF SABLAYAN 200- OFFICE OF THE SANGGUNIANG BAYAN EXCERPT FROM THE JOURNAL OF THE PROCEEDINGS OF THE 50" REGULAR SESSION OF THE SANGGUNIANG BAYAN OF SABLAYAN, OCCIDENTAL MINDORO HELD ON OCTOBER 18, 2017 AT THE SANGGUNIANG BAYAN SESSION HALL, SABLAYAN, OCCIDENTAL MINDORO. HON. ANDRES 0, OANGEROS HP a Hon. wa Tope aRauEZ Present: Hon. Andres D.Dangeros. = - ~~ Municipal Vice-Mayor/ Presiding Officer Sangguniang Bayan Member Sangguniang Bayan Member Sangguniang Bayan Member Sangguniang Bayan Member Sangguniang Bayan Member Sangguniang Bayan Member Sangguniang Bayan Member Hon. Waller B. Marquez Hon. Naney L. Landicho, M.D. 2 Me Hon. Robert Z. Dawates, Sr. - Hon. Felipe B. Urieta - Hon. Conchita H. Dimaculangan- Hon. Manuel P. Tadeo - Hon. Melchor L.Quiatchon — - Hon. Danilo L. Manuel, Sr. - Hon. Joseph J. Del Rosario On Leave: Hon. Edna N. Mintu President, Liga ng mga Barangay Sectoral Representative, ICC/IP Sangguniang Bayan Member SPECIAL ORDINANCE NO. 2017-50027 AN ORDINANCE ADOPTING PUBLIC PRIVATE PARTNERSHIP (PPP) PROJECTS IN THE MUNICIPALITY OF SABLAYAN, OCCIDENTAL MINDORO, CREATING A PPP SELECTION COMMITTEE AND PROVIDING GUIDELINES AND INCENTIVES THEREFORE AND FOR OTHER PURPOSES. YACULANGAN HON. Conc INTRODUCED BY SB MEMBER WALTER B. MARQUEZ WHEREAS, in line with the thrust of the local/national goverment to maximize the involvement and participation of private sector in local affairs, the Municipality of Sablayan also recognizes the importance of private sectors’ parlicipation and the great things can be done towards progress with the support of each and every member of economic sector; WHEREAS, the Municipality of Sablayan intends to improve the living condition of its constituents by providing infrastructure services in energy and power, communication and en easaides transport and water through the involvement of the private sector in local planning and decision making; +)Republic of the Philipines Province of Occidental Mindoro MUNICIPALITY OF SABLAYAN 200- OFFICE OF THE SANGGUNIANG BAYAN WHEREAS, the Municipality of Sablayan believes that the best practice on Public-Private Partnership (PPP) is essential in improving local infrastructure which basically refers to long-term, wee contractual partnerships between Public and Private sectors agencies, specifically targeted towards financing, designing, implementing and operating infrastructure faciliies and services that we traditionally provided to ot cf public sector, WHEREAS, the concept is viewed as a wide spectrum of models have emerged to enable private sector participation in providing fava infrastructure facilities and services. The models vary from Swe shori-term simple management contracts to long-4erm and very complex BOT form, to divestiture. NOW THEREFORE, BE IT ORDAINED, by the Sangguniang Bayan of vow undicwo,.mo.-—- Sablayan, in regular session assembled, that: Se Mend CHAPTER I. BASIC PRINCIPLES AND DEFINITIONS ow. CGefloes. R auld Section 1. Title. This shall be known as “An ordinance adopting Public \ Private Partnership (PPP) projects in the Municipality of Sablayan, esa () Occidental Mindoro, creating a PPP Selection Committee and rere 6 URETAS providing guidelines and incentives therefore and for other purposes", : or cited as the “Sablayan PPP Code of 2017”. Section 2.Declaration of Policy. It is declared as a policy that the HOTeoRCHJAN YARCUANGN Municipality of Sablayan shall advance the general welfare and promote the interests of the community within the framework of sustainable and integrated development; and shall ensure the icipation of the private sector in local governance through effective and viable Public-Private Partnerships. Section 3. Operative Principles. The accomplishments of the stated POICcy shall be guided by the following principles: 3.a. The MUNICIPALITY, pursuant fo Section 1, 2, and 5, Article X of the 1987 Constitutions is a territorial and political subdivision which enjoys local autonomy and fiscal autonomy. Under Section 3, Article X of 1987 Constitutions local autonomy means a more responsive and accountable local government structure instituted through a system of decentralization. Fiscal autonomy means that the local government have the power to create their ‘own sources of revenue in addition to their equitable share in the national taxes released by the national government, as well as the power to allocate their resources in accordance with their own priorities. 2ublic of the Philippines Occidental Mindoro ITY OF SABLAYAN 00: OFFICE OF THE SANGGUNIANG BAYAN 3.b. The MUNICIPALITY exists and operates in its governmental and proprietary capacities thereby making the MUNICIPALITY an agent of and is therefore accountable to the state and its rea community. Hon moreso OMIGEROS 3.c. The MUNICIPALITY must develop into a self-reliant community and as such, is in a better position to address and resolve matters that are local in scope. LE 3.d. Section 18 of the 1991 LGC, the Municipality may to acquire, ey develop, lease, encumber, alienate, or otherwise dispose of real AGL: or personal property held by them in their proprietary capacity eb and fo apply their resources and assets for productive, development, or welfare purposes. 3.e. Section 22 (d) of the 1991 LCG, the MUNICIPALITY enjoys full tee autonomy in the exercise of its proprietary functions and shall exercise the powers expressly granted, those necessarily implied there from, as well as powers necessary, appropriate, or a =i " incidental for ifs efficient and effective governance, those not vend otherwise prohibited by law and those which are essential to the ss promotion of the general welfare. Can > 3... Section 25 (d) of the 1991 LCG, the MUNICIPALITY may collaborate or cooperate with other local governments, national government agencies, government owned and controlled corporations, government instrumentalities and government corporate entities for the implementation of local projects. The charter of the MUNICIPALITY, Sections 16, 17, 19 and 129 of Republic Act No. 7160 or the Local Government Code of 1991 (1991 LGC) and other statutes, the MUNICIPALITY has been given the responsibility and mandate to exercise devolved and delegated powers. 3.h. The MUNICIPALITY, under Section 106 of 1991 LGC, is mandated fo draw up and implement a comprehensive multi-sectoral development plan. The MUNICIPALITY, under Section 3 (1) of the 1991 LGC is duty- bound to ensure the active participation of the private sector in the local governance. et 3j. The role of the MUNICIPALITY both as a regulator or business and ‘as implementer of a proprietary undertaking must be delineated. | iw t» Repubic of the Philippi Province of Occident MUNICIPALITY OF SABLA 000- OFFICE OF THE SANGGUNIANG BAYAN 3k. The MUNICIPALITY, as partner in a PPP arrangement, may provide equity, subsidy or guarantee and use local funds and that the usage thereof for a PPP project shall be considered for public use and purpose. HoN ANDRES D.OANGEROS nico Vs 3... Section 34, 35 and 36 of the 1991 LGC and the exercise of its powers, the MUNICIPALITY may enter into joint ventures and such on conga other cooperative arrangements with people's and non- —— governmental organizations to engage in the delivery of certain CE basic services, capability-building and livelihood projects, and to y develop local enterprises designed to improve produclivily and Eaten income, diversity agriculture, spur rural industrialization, promote Maney ecological balance, and enhance the economic and social well- being of the people; provide assistance, financial or otherwise, to such people's and non-government organization for economic, socially-oriented, environmental, or cultural projects to be HUN cgh Lasoicen. sn) implemented within its territorial jurisdiction; provide funding for local projects, provides incentives and tax exemptions to private companies. (Og a web Section 4. Rationale of PPP. PPPs shall be promoted to provide more, a better, affordable and timely services to the community. In pursuing |. ©) PPPS, the Municipality shall be guided by the following reasons and Yareq une ~~ rivers: PPP's should be adopted to address a pressing and urgent or critical public need. Under the principle of "Additionally", the increase voroak Suman @COnomic benefits to consumer welfare of having needed public Suis services/ infrastructure accessible now because of the PPP, rather than having to wait until the MUNICIPALITY could provide the public services much later. PPP would also encourage the accelerated implementation of local projects. PPP's can be adopted to avoid costs and public borrowing by ‘contracting with the private sector to undertake the new infrastructure project, scarce Government capital budgets can be directed to other priority sectors such as social services, education and health care. PPP's allow for technology transfer, and improved efficiency and quality of service. These could be valuable contribution of the private sector in the local governance. PPP's should be flexible and affordable. From the onset, the project should be feasible, demonstrating the need for the project, broad level project cost estimation, and indicative commercial viability. The assessment of affordability wil need to be the comerstone for all PPP projects, both the MUNICIPALITY and the general public. ) ;