MR RELIANTD C- BHHACA we (LMANAGER~ CONVERGE “PALER) It 1 Republic of the Philippines Province of Aurora Aoi a Municipality of Baler GOBYERNONG B08 KUMAKALINGA 2 TL Office of the Provincial Board Member : sn 20, 2024 Invitation to a Commit To HON.JENNIFER A. ARANA Acting Vice-Governor ALL SP MEMBERS SP COMMITTEE ON PUBLIC WORKS, INFRASTRUCTURF, ELECTRIFICATION, TRANSPORTATION AND COMMUNICATION HON. PEDRO FERNANDO D. VALENZUELA SB Member / Author of the Ordinance AURELCO REPRESENTATIVE MR. NELIANTO C. BIHASA ‘Manager - Converge ICT Solutions Ine. Baler PLDT/ SMART REPRESENTATIVE DITO REPRESENTATIVE, GLOBE REPRESENTATIVE ATTY. JEMUEL DELA CRUZ Provincial Legal Officer ATTY. MARY ANTELOPE RACCA, Atomey IV- Vice Governor Off Subject : Ordinance No. 002-2024 of Baler, Aurora titled “An Ordinance Imposing a Mayor's Permit Fee on Electric and/ or Telecommunication Poles! Post Owned by Public Utility Companies which are Erected on Government Streets, Roads, Highways, and/ or Alley at the Rate of Five Hundred Pesos (Php 500.00) Per Post Per Year, and for Other Purposes”. (Received by the SP Secretariat on 13 March 2024, ref. M- 2024-064) Date March 25, 2024 Time 01:00PM Venue SP Conference Room, Provincial Capitol Baler, Aurora Attendance to the said Committee Hearing is highly appreciated. Thank Yout HON .PMiLIP BUTCH M. BAUTISTA Vige- Chairman ‘SP Committee on Public Works, Infrastructure, Electrification, Transportation and Communication Tie REGULAR SESSION Pebrary 27,904REPUBLIC OF THE PHILIPPINES Province of Aurora MUNICIPALITY OF BALER 000 Office of the Sangguniang Bayan 13 March 2024 ‘SANGGUNIANG PANLALAWIGAN THE HONORABLE Sangguniang Panialawigan Capitol Building, Baler, Aurora Gentlemen/Mesdames: We have the honor to transmit herewith for your review and approval ORDINANCE NO. 002-2024 entitled, “AN ORDINANCE IMPOSING A MAYOR'S PERMIT FEE ON ELECTRIC AND/OR TELECOMMUNICATION POLES/POSTS OWNED BY PUBLIC UTILITY COMPANIES WHICH ARE ERECTED ON GOVERNMENT AND/OR PRIVATE LOTS ALONG GOVERNMENT STREETS, ROADS, HIGHWAYS, AND/OR ALLEYS AT THE RATE OF FIVE HUNDRED PESOS (500.00) PER POST PER YEAR, AND FOR OTHER PURPOSES.” Also attached herewith is a copy of Committee Report No. 290 of the Committee on Ways and Means (lead) and Committee on Infrastructure relative to the approval of the said Ordinance. Thank you and more power. Very truly yours, Municipal Hall, Legislative Bulling, Poblacion 5, Baler, Aurora VProvince of Aurora MUNICIPALITY OF BALER 000 Office of the Sangguniang Bayan Excerpt from the Minutes of the 66! Regular Session of the Sangguniang Bayan of Baler, Aurora held at the Session Hall, Legislative Building, on Tuesday, February 27, 2024, from 9:23 a.m. to 11:15 a.m, PRESENT: Hon, Pedro M. Ong. Jr. Vice Mayor ~ Presiding Officer Hon. Pedro Fernando D. Valenzuela SB Member Hon, Emmanuel L. Galban SB Member Hon. Danilo M. Ong SB Member Hon. Carlito S. Morillo SB Member Hon, Ellah Cherryl G. Villacorte SB Member Hon, Santino Rosauro C. Guerrero SB Member Hon. Francisco B. Zubia, IIL SB Member Hon. Lysander R. Querijero SB Member Hon. David P. Orolfo, Jr Ex-Officio Member ~ LnB President Hon. Eunie May B, Fernando Ex-Officio Member ~ SK Fed. President ABSENT: ORDINANCE NO. 002-2024 AN ORDINANCE IMPOSING A MAYOR'S PERMIT FEE ON ELECTRIC AND/OR TELECOMMUNICATION POLES/POSTS OWNED BY PUBLIC UTILITY COMPANIES WHICH ARE ERECTED ON GOVERNMENT AND/OR PRIVATE LOTS ALONG GOVERNMENT STREETS, ROADS, HIGHWAYS, AND/OR ALLEYS AT THE RATE OF FIVE HUNDRED PESOS (P500.00) PER POST PER YEAR, AND FOR OTHER PURPOSES. Author: Honorable Pedro Fernando D. Valenzuela WHEREAS, electric and/or telecommunication poles, posts, and towers are sprouting everywhere in the Municipality of Baler, WHEREAS, such poles or posts look nui caused obstruction to pedestrians; nce to the skyline of the municipal ;, and sometimes WHEREAS, it has been observed that public utility companies, who are engaged in the s of electricity and telecommunication, erected poles or posts along government streets, pose hazard to traffic as well as safety of the public if they are not well maintained: WHEREAS, it is for this reason that the Municipality of Baler should impose some form of regulation: WHEREAS, the Municipal Government under the Local Government Code is vested with authority to impose regulatory fees and charges for activities and undertakings being done in the Municipality: ; WHEREAS, Article 5, Sections 153 and 154 of RA 7160 otherwise known as the Local Government Code of 1991, provides that the local government units may impose and collect reasonable fees and charges for services rendered and may fix the rates for the operation of public utilities owned, operated and maintained by them; 1 | Page of Mani Ordnance No, 002.2028NOW, THEREFORE, BE IT ENACTED BY THE SANGGUNIANG BAYAN OF BALER, AURORA IN REGULAR SESSION ASSEMBLED THAT: SECTION 1. There shall be imposed a Mayor's Permit Fee on electric and/or telecommunication poles/posts owned by public utility companies which are erected on government and/or private lots along government streets, roads, highways and/or alleys at the rate of Five Hundred Pesos (2500.00) per post per year. SECTION 2. For this purpose, the Municipal Engineer shall conduct a regular inventory of all electric and telecommunieation poles, posts and towers in the Municipality, indicating the respective ‘owners thereof, and submit the same to the Municipal Treasurer for purposes of imposing the fee uncer this Ordinan SECTION 3. The provision of Section | hereof shall not apply to poles, posts or towers erected or owned by the national government, its instrumentalities and other local government units. SECTION 4. The pertinent provisions of T'ax Ordinance No. 1-2019, otherwise known as the 2019 Revised Revenue Code, covering the imposition of Mayor's Permit Fee and other appropriate administrative provisions thereof shall apply in the imposition of the fee under this Ordinance. SECTION 5. PENALTY - This Ordinance shall take effect 15 days after its posting in at least three (3) conspicuous places in the municipality Sponsors: 1. Committee on Ways and Means (lead) Chairman: Honorable Pedro Fernando D. Valenzuela 2. Committee on Infrastructure Chairman: Honorable Danilo M. Ong Date approved : February 27, 2024 THEREBY CERTIFY to the correctness of the foregoing Ordinance. friang Bayan / NAN T. ANGARA jal Mayor 2.| Paco Mia Olinance No 0022024Republic of the Philippines Province of Aurora 885 MUNICIPALITY OF BALER Office of the Sanggun lang Bayan JOINT COMMITTEE REPORT 0.240, February 8. 2024 Referred to: SB COMMITTEE ON WAYS AND MEANS SB COMMITTEE ON INFRASTRUCTURE Referral Code: Jan015-2024 Subject/s: FROPOSED ORDINANCE: AN ORDINANCE IMPOSING A MAYOR'S - PERMIT FEE --ON ELECTRIC AND/OR CONS OMMUNICATION POLES/POSTS OWNED BY PUBLIC tink, ITy PRIVATE LOTS ALONG GOVERNMENT. STRE, TS, ; HIGHWAYS AND/OR ALLEYS AT THE RATE OF rive HUNDRED. POST PER YEAR, AND FOR OTHER Date Referred: January 30, 2024 Com. Hearing Date: February 5, 2024 & ‘ebruary 12, 2024 FINDINGS: The Joint Committees, upon due evaluation and recommendation of the invited quests and resource persons finds the following: {This ordinance is in the exercise of the regulatory and Proprietary powers of the LGU of Baler 2. The Electric Company imposes reasonable fees to those Who used their posts such as cable network, internet providers, among others. 2 TU URNGYY lmely for the Municipal Government to enact ordinance that reguiates the promote wer ani utllty companies sprouting in the Municipality of meio. order to promote well-being of our people as well as oversee thelr operation 4. Thus, our Supreme Court, as the highest court of taw Of the land declared that it is thea tutional for focal governments to impose reasonable fece and charges vested to them by the Constitution (G.R. No. 224825) RECOMMENDATION: 1. Premises considered, the herein committee hereby recommends to the Honorable Gangguniang Bayan the passage and approval of the proposed measure enacting, "AN ORDINANCE IMPOSING A MAYOR'S PERMIT ree ON ELECTRIC AND/oR JGLECOMMLUNICATION POLES/POSTS OWNED BY PUBLIC UTILITY COMPANIES WHICH ARE ERECTED ON GOVERNMENT AND/OR PRIVATE LOTS ALONG GOVERNMENT PIBELTS, ROADS, HIGHWAYS AND/OR ALLEYS AT THE RATE OF FIVE HUNDRED PESOS (P500.00) PER POST PER YEAR, AND FOR OTHER PURPOSES",SB COMMITTEE ON WAYS AND MEANS: AN dhe ~ HON. PEDRO re DO S)vavenzucra Chairman é HON. FRANCISCO B. ZUBIA, 111 RYL G. VILLACORTE Vice - Chairman mber HON. cum lenann HON. DAVID P. OROLFO, JR. ber Member HON. ELLAH CH SB COMMITTEE ON INFRASTRUCTURE HON. DANILO M. ONG Chairman < 7 HON. ee ‘ Vice = Chairman | el bo Di valenzueta )Menjber l HON, CARLITO S, MORILLO HON. hese R. QUERTIERO Member ember ce