Republic of the Philippines Province of Camarines Sur “FF MUNICIPALITY OF GAINZA -000 OFFICE OF THE SANGGUNIANG BAYAN ‘August 3, 2020, The HONORABLE MEMBERS SANGGUNIANG PANLALAWIGAN Legislative Building Capitol Complex Cadlan, Pili, Camarines Sur Thru: The CHAIRMAN Committee on Laws and Ordinances Your Honors: Greetings! Respectfully forwarded herewith, for your review Seventeen (17) copies of Municipal Ordinance No. 09 series of 2020 entitled; “An Ordinance on Collection of Corresponding Barangay Clearance Fee in the Application for Any Business Related Transactions”, together with the following attached document/requirements, to wit; Minutes and attendance of public hearing held on June 22, 2020; Certification of Posting; Certification as to authenticity of the documents submitted and; soft copy in PDF burned in CD. Thank you. Very truly yours, See uaaRepublic of the Philippines eZ Province of Camarines Sur MUNICIPALITY OF GAINZA -000- OFFICE OF THE SANGGUNIANG BAYAN [MINUTES OF THE 51” REGULAR SESSION OF THE HONORABLE MEMBERS OF THE SANGGUNIANG BAYAN OF GAINZA, CAMARINES SUR, HELD ON JULY 20, 2020 AT THE SB SESSION HALL, THIS MUNICIPALITY. ORDINANCE NO. 09 Series of 2020 Hon. Moises SJ. San Buenaventura ‘AN ORDINANCE ON COLLECTION OF CORRESPONDING BARANGAY CLEARANCE FEE IN THE APPLICATION FOR ANY BUSINESS RELATED TRANSACTIONS. WHEREAS, there is a need to streamline/simplify the process of business registration in the Municipality of Gainza, Camarines Sur to provide a more efficient and effective revenue collection and to promote a friendlier atmosphere for taxpayers and investors; WHEREAS, when regulations are simple and transparent entrepreneurs need not to suffer from red tape and time consuming transactions; WHEREAS, the EODB ACT of 2018 or Republic Act 11032, otherwise known as “An Act Promoting Ease of Doing Business and Efficient Delivery of Government Services was signed into law seeks to make the process of Putting up and running a business in the Philippines easier and more efficient. WHEREAS, Section 11(f) of RA 11032 provides that “Barangay Clearances and permits related to doing business shall be applied, issued and collected at the Municipality in accordance with the prescribed processing time of said Act. Provided, that the share in the collections shall be remitted to the respective barangays; and WHEREAS, Barangays in this Municipality of Gainza enacted Barangay Ordinances to authorize the Municipality to issue barangay clearance and collect corresponding barangay clearance fee in the application for any business related transactions subject to the remittance of the aforesaid fees to the barangays and the conditions hereunder. NOW THEREFORE, be it ORDAINED as it hereby ORDAINED by the Sangguniang Bayan of Gainza, Camarines Sur in a session duly assembled the following: Section 1. Coverage. This policy applies only to the issuances of Barangay Clearance for business permit and locational clearance (as @ requirement for the issuance of building permit) at the Municipality. Other clearances for other purposes shall be obtained at the Barangay. SECTION 2. Definition of Terms. The words and phrases used in this ordinances are hereby defined as follows: Barangay Clearance — refers to any and all documents issued by the barangays with or without corresponding fees as defined in their ordinances relative to or in relation to the issuance of business permit and locational/zoning clearance by the municipality or any other permit as may be required. IRR OF RA 11032), ‘Barangay Clearance Fees - is an amount imposed by the barangays through an ordinance and collected by the Municipality in relation to the issuance of business permit and locational clearance by the municipality. Business Permit — is a document that must be secured from the municipal government, usually through its Business Permits and Licensing Office (BPLO), for a business to legally operate in the locality. (IRR of RA 11032) Page of Ord #09 1 2020- 4Locational Clearance — is a clearance issued by the Zoning Administrator /Zoning Officer to a project that is allowed under the provisions of an ordinance of a particular Municipality. Itis a requirement forthe issuance of Building Permit. (House and Land Use Regulatory Board Comprehensive Land Use Plan Guidebook) SECTION 3. Authority to collect Barangay Clearance Fee of Business Related Transactions ~The Municipality of Gainza is given the authority to collect Barangay Clearance Fee subject to the remittance to the concerned Barangay. SECTION 4. Rate of Barangay Clearance Fee to be collected ~ The rate of Barangay Clearance Fee to be collected by the Municipality for the issuance of such clearance shall be computed in accordance with the subject Barangay Revenue Ordinance. For this purpose, each Barangay shall be required to submit to the Office of the ‘Municipal Treasurer copies of their respective approved Barangay Revenue Ordinances. SECTION 6. Reporting and Remittance ~ The Municipality thru the Office of the Municipal Treasurer shall remit the Barangay Clearance Fee collected to the subject Barangay not later than seven (7) working days of the ensuing month with the list of the issued Building and Business Permit. SECTION 7. Separability Clause ~if for any reason, a part of this Ordinance is declared illegal or invalid, other parts o provisions hereof which are not affected thereby shall remain valid and in full force and effect. SECTION 8. Repealing Clause — All previous Ordinances, rules and regulations which are inconsistent with tthe provisions of this ordinance are hereby deemed modified or repealed accordingly. Section 9. Effectivity Clause — This Ordinance shall take effect fifteen (15) days after its publication. Date Enacted: July 20, 2020 WE HEREBY CERTIFY to the correctness of the foregoing Ordinance. ae asd eS onan Secretary to the Sangguniang Bayan NoE|\€. suRBANO GE 4B ‘SB Member ‘SB Member Revyé(SON A. TRANQUILINO CIPRIAN ANCISCOIR, = $8 Member 'sB yhember ad , AS i TERESITA SV, SAN PASCUAL RAqUEL DC. MOLARTE SB Member SB Member EFREN Mich D. OLANO SkFed. Pres./Ex-Officio Member ATTESTED BY: APPROVED: GLENN RGMEO M. GONTANG Vice-Mayor f. Presiding Officer LEONARDO A. AGOR, SR. Municipal Mayor Page 2 of Ord. #09 2020- a B-eWRepublic of the Philippines Province of Camarines Sur MUNICIPALITY OF GAINZA -000- OFFICE OF THE SANGGUNIANG BAYAN MINUTES OF THE PUBLIC HEARING ON VARIOUS MUNICIPAL ORDINANCES PROPOSED BY THE SANGGUNIANG BAYAN OF GAINZA, CAMARINES SUR, HELD ON JUNE 22, 2020 AT THE MUNICIPAL COVERED COURT, THIS MUNICIPALITY. ATTENDANCE : (refer to attached attendance sheets) ‘The public hearing started at around 1:50 in the afternoon thru the recitation of Dasal ng Bayan led by Hon. Teresita San Pascual. it was followed by the singing of the Philippine National Anthem and the Himno ng Gainza. Hon. Glenn Romeo M. Gontang, the Municipal Vice-Mayor, delivered his welcome message and thereafter conveyed that all ordinances proposed by the Sangguniang Bayan should be presented to the public through public hearing as part of the enactment process. He stressed that the supposed schedule of this activity was somehow affected due to limitations in the conduct of gathering caused by this covid pandemic. He then encouraged the public to feel free raise their comments/suggestions during the presentation for the good of each ordinance as representatives from the concerned sectors in the barangay. He then took the opportunity to acknowledge and expressed thanks to the presence of the invited participants from the different concerned sectors ofthe eight barangays, this Municipality, as well as the employees. Presentation of ORDINANCES by the respective authors with hereunder noted Observation/suggestions and ‘recommendations from the public: 1. An Ordinance Creating a Neighborhood Watch Program in the Municipality of Gainza, Camarines Sur and Establishing Hotline and Street Signages for this Purpose. ~ author: Hon. Raquel DC. Molarte Bey. Kagawad Romeo Adan of Sampaloc suggested to possibly replicate what the council thru his committee on peace and order is being adopting such as the establishment of a “Bantay Sona” wherein each zone in the barangays will assigned 10, persons, with respective hotline and to maintain a logbook for the purpose basically to monitor individuals coming in the barangay. He then asked PLT. Alfelor, the PNP-Gainza COP whether the barangay is allowed to let a non-resident person register in a logbook upon entry in the barangay particularly during night time. The latter replied on the affirmative particularly from the start of curfew and onwards for verification purposes and in case of resistance he advised to report the same to the PNP. On the ‘other hand, Mr. Dino Teodoro suggested to consider imposing sanctions to prank callers/texters. On the other hand, Ms. Cristeta Chica, the MPDO expressed that there must be a verified complaint/information with the help of the participating ‘agencies mentioned in the ordinance and the same must be aware of what is happening as she an anticipation that improper reporting might create trouble among the residents in the barangay. VM Glenn Gontang informed the body there will be task force to be created thru Executive order to be issued by the Mayor and with regard treatment of prank calls/text messages received, the PNP shall conduct further validation to confirm the same. The foregoing were duly noted by the author who thereafter expressed thanks for sharing and suggestions raised thereto. ‘An Ordinance Prohibiting Any illegal Constructions and Obstructions Along Public Roads in the Municipality of Gainza, Camarines Sur and Providing Penalties for Violations Thereof. — authors: Hon. Efren Mico D. Olano and Hon. Noel Surbano Mr. Rodino Paulo Teodoro, the Municipal Budget Officer suggested inclusion in the granting of special permit for ‘temporary use of sidewalks other activities such wake, wedding occasion and also the dumping of construction materials for a specific number of days/specific period for all types of construction projects. He added that fees for special permit may vary depending on the activty/purpose applied basically to make the constituents aware of the LGU policy for that matter. He also proposed for inclusion of Engr. Cecilia Alayan, the Municipal Engr. and PNP in the lead implementing agencies. Ms. Cristeta Chica conveyed that one of the noted causes of accident in Gainza is its narrow road and applying the standard measurement for road right of way for barangay is seven (7) meters with 4 m width alloted for sidewalk, wherein for municipal road ~ twelve (12) m road right of way and same 4m carriageway and for provincial road a minimum of 15m to 20 m standard road right of way with supposedly 12m carriageway but actual is only Sm. Besides, she added that there must be alloted 1.5 meter both sides for drainage construction purposes standard road hence, for her granting of special permit for temporary use of sidewalks would create obstructions along carriageway. On the other hand, PB Arnolfo Aguirre, asked who shall collect for the fee in the grating of special permit should the area to be utilized is under First District. Hon. Mico Olano replied the proceeds will accrue to the Municipal Treasury. -poge 1 of -‘The former further suggested to consider provision/sanctions for illegal house construction along the easement and likewise requested to give @ consideration of at least 2 or 3 days to allow the dumping of construction materials on sidewalks in the barangay with no other area that can be utilized for the purpose. Mrs. Tita Chica commented that there must be fees to be collected for temporary use of public areas as it is part of revenue collection of the LGU. In view thereof, VM Glenn Gontang Informed the body that usage of sidewalks and other public places has specific provision in the Tax Code for computation of fees to be collected for the purpose hence, the same has basis. The foregoing were noted thereof. 3. An Ordinance Granting Incentive to Barangay Tanods in the Municipality of Gainza, Camarines Sur. - author: Hon. Moises SJ. San Buenaventura Under Section 4 thereof, PB Amolfo Aguirre suggested for inclusion of the BHWs as additional beneficiary. The author said that BHWs were included in the original draft but did not qualify for the purpose. In view thereof Mr. Dino Teodoro informed the public that it was disallowed on review by the province as accordingly there was no provision in the Local Code allowing the LGU to grant benefit to BHWs except to Tanods and Lupon per Section 393 of said code which he suggested incorporating the same as basis thereto. VM Glenn Gontang affirmed the foregoing because he cited that even in the ordinance granting of the philhealth insurance benefits previously enacted by the SB the same consideration was made in the review. The foregoing were noted thereof. 4. An Ordinance Effecting Amendment on Municipal Ordinance No. 12 Series of 2014 Titled; An Ordinance Codifying the Transport and Traffic Ordinance of the Municipality of Gainza, Camarines Sur. — author: Hon. Cipriano DM. Francisco, Jr. PB Amolfo Aguirre expressed his observation on overloading of passengers hence, he proposed not to allow a maximum of ten passengers as it will not fully accommodate the same considering the trimobile and for safety purposes. The author explained that 10 passenger are allowed for the extended design with avallables seats at the back portion of the unit, nevertheless he noted the foregoing observation. On the other hand, Ms. Tita Chica expressed that said number of allowed passenger will breach the protocol on social distancing thus she proposed to indicate special provision in the ordinance what to ‘observe in time of pandemic including the allowed fare to be collected in fairness to the operator-driver. During ordinary time she commented why no adopt 8.00 instead of 5.00 to give motivation to the driver/operators not to overload passengers for 3 ‘maximum of Skm ride or better yet specify in the ordinance specific distance covered by such 5.00 fare. The author informed the public that the LGU already authorized a special fare and one-passenger scheme observing the minimum health protocols this time of pandemic. VM Glenn Gontang informed the public that application/enforcement of the amendment in this Ordinance will be in the normal situation whereas in this time of pandemic he conveyed that the tricycle operators in Gainza are compliant with the present health protocols laid down by the IATF and waiting for guidelines to be issued for special fare though there is special fare of 30.00 with only passenger and the same will operate meantime no PUJ operation yet. Observation/suggestions ‘were duly noted thereof. 5. An Ordinance Declaring Every Friday of the Week as Clean-Up Day in the Municipality of Gainza, Camarines Sur. ~ ‘author: Hon. Jose A. Teodoro, Jr. By. Kagawad of Loob asked for the dumping site of the wastes collected during the cleaning operation. The author advised the public pending provision of the sanitary landfill the barangay may adopt composting in the respective barangays and no to burning. He also announced the LGU has a program called plastic to rice swap which is one way to minimize waste collection ide from observing the 3Rs. Bgy. Ked. Adan of Sampaloc proposed to impose sanction to non-cooperative households for not cleaning their respective areas and to encourage participation of 4Ps as the latter counterpart for the assistance received from the government. On the other hand, Ms. Tita Chica recalled that there was already previously enacted solid waste management ordinance but she observed there seems no strict implementation hence, there exists many violators. She stressed adherence on. RA 9003 with supposed coordination with implementing agencies the LGU which should provide the sanitary facility however per DENR validation the LGU did not qualify due to its geographic location hence, the LGU is looking into a possibilty to contract with ‘other LGU Naga in particular or other LGUs for the management of wastes. She also stressed visible violations such as burning ‘and throwing of wastes along creeks and rivers. She added what the DENR recommends which is the segregation at source (household) to easily manage respective wastes accumulated and non-compliance thereto has corresponding penalties and there must be discipline among the residents. The author stressed that the Sangguniang Bayan is the legislative body and the Mayor is. the implementing officer of all approved ordinances. He also noted herein-observations/suggestions. 6. An Ordinance Creating the Municipal Drug Nuisance Abatement Board of the Municipality of Gainza, Camarines Sur. - author: Hon. Moises J. San Buenaventura Ms. Tita Chica asked for the difference of the existing Municipal Anti-Drug Council with the Municipal Drug Nuisance Council because the MADAC creation is pursuant to DILG mandate hence, she proposed to consider the policy where this ordinance is anchored. The author explained that the anti-drug council is concerned to individual drug user whereas this ordinance is concemed to groups existing in the area found to be nuisance hence, separate from each other though it was also mandated by the DILG. He then noted the foregoing observations. hk)PUBLIC HEARING Proposed Municipal Ordinances JUNE 22, 2020 Municipal Covered Court Gainza, Camarines Sur ATTENDANCE SHEET ‘SIGNATURE 21. COWL. Soren) fh = Dorwe - Tangulino Pore A OOM auee [24 Wve co. _Buralee * Rite A. Franeiser oft huis az iim M. San lose * Espriesd JONATHAN B aL. 32. 30. Cui Canyon Oolr —o- Bal Virate S Bokke tetinidad M, jolola he cs * Marites Teoolpsd Ee Vlrointe he Sab olleque | kg ‘ue Of “ablojin, 22 Sia [* atta Cuwr\ Jp patron A - renee ® Brgem! Gye 7 ayes Rep © frarly be bensPUBLIC HEARING Proposed Municipal Ordinances JUNE 22, 2020 Municipal Covered Court Gainza, Camarines Sur ATTENDANCE SHEET [ NAME: SIGNATURE 41. pons Z. Carcama than a. . 7 ind ben SB Encinas {Bruner [a3, pug Gn. nx eatin bareya gh : 8 VAM L- MATINEE Z ae ack eo ke. | GA = Salvaa ¢ a np ne - Scant. howto xan r fas. 50. |_Brceruacions Aorp | QM) We om via et ] 51, csrepen |: err 52. Speedo Valltasena | ET 1 Qbem a, onfon Q. Toni a. sJOVOLIN fle SW bv eh —DE- *® Ngldroe SA). a —— © Vobiy VDeduy a [* Aaron & Balay | MaPUBLIC HEARING Proposed Municipal Ordinances JUNE 22, 2020 Municipal Covered Court Gainza, Camarines Sur ATTENDANCE SHEET (NAME: ‘SIGNATURE Alex V- Tegr Riis fe [PN Sesiyn © > Resates, & fener f cuace Bens * \Grlve Ps Famer Sz =e [i Antonio _Cadcwhkong | Re hate CM mo, Quiteula Clonee sy Ire SS Jom cin aft : 6. oo tn BP ay T ara L WNC phi 3. praronG Tldessy dese Wade | i aim ey Hi tale 4 pale fa| Porromen ( 74 ti chell A. Weertade-y vn] C [76 ° Cyntaca 0. Sounos Wey Feanice T DE vivas th 78. Nosodiny <<. Ffrwon | Mana aie x Bugle 79. _eatelhy St b. FolPUBLIC HEARING Proposed Municipal Ordinances JUNE 22, 2020 Municipal Covered Court Gainza, Camarines Sur ATTENDANCE SHEET NAME: ‘SIGNATURE Joey am Joe CO Malan M. Monde f are er 84 emadith trier ait bonebel & Rome __Tuperr F Bolene ” Ronnel A. Deloe Saitos |* hr Teobory © GERRY 3. UARCO [°° RG Skt wed BERNIE Sew WENT Ee. [92. buy Sy Trergaihno Ua De Vives Sanmes caevos Wun 95. ene 96. tase AWKAW, ” Rfarlon Ure, 8 By Henan HERSEY HONEY DomiNcUEZ. Pomarya PalinPUBLIC HEARING Proposed Municipal Ordinances JUNE 22, 2020 Municipal Covered Court Gainza, Camarines Sur ATTENDANCE SHEET NAME: ‘SIGNATURE 101. Trevewicn CG. Barca Vo. I CANTETA ce, Ol0n 103, “NIZA Ay att 104. _ fesern a. 902 305. Cc. Nun ev 106. Abia f- Oageclid 107. foley Fe ‘h De Vives 108. luna Malay Al 109. bole. yo, 110. Ceeculys, Belshiv 111. Wes AD BUG RUC 112. PRowt MeLrALTé 113. Jose & Teepiep dt 114. MAC Le Mie 115. Pouren Selados 116. fanz. Reyrle pumlgucino qeRESITA «S. SAN Pascual 118, “Mico _ Olas 119. NDEL _C- SURPAND 120. Oia DY uray ShPUBLIC HEARING Proposed Municipal Ordinances JUNE 22, 2020 Municipal Covered Court Gainza, Camarines Sur ATTENDANCE SHEET NAME: SIGNATURE | 121. 7 c. Trmgail ne age mer 6 dkang, 122. 123, Doren vada oR" Cl 4 Kverle A- RADONNPLE fo! 126. 127. 128. 129. 131. 132. 133, 134. 135. 136. 137. 138. 139. 140.Republic of the Philippines Province of Camarines Sur « MUNICIPALITY OF GAINZA -000 OFFICE OF THE SANGGUNIANG BAYAN CERTIFICATION ‘This is to certify that Ordinance No. 09 series 2020, entitled; “An Ordinance on Collection of Corresponding Barangay Clearance Fee in the Application for Any Business Related Transactions”, had been posted at conspicuous places in the Municipal hall of LGU Gainza pursuant to Section 511 of RA. 7160 otherwise, known as the Local Government Code of 1991. Issued this 3 day of August, 2020 at Gainza, Camarines Sur, for records and reference purposes. ANABELLE A. RAZONABLE Secretary to the Sangguniang BayanRepublic of the Philippines Province of Camarines Sur MUNICIPALITY OF GAINZA -000 ZA OFFICE OF THE SANGGUNIANG BAYAN CERTIFICATION This is to certify that the soft copy burned in a Compact Disk in Portable Document Format (PDF), is the exact and faithful copy of the documents as contained in the original hard copy submitted to the Records Section - Office of the Secretary to the Sangguniang Panlalawigan. Issued this 3 day of August, 2020 at Gainza, Camarines Sur, in compliance with the Rules of Procedure in the SP Review of Municipal Ordinance and Resolutions. wa ene Secretary to the Sangguniang Bayan