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MUNICIPAL ORDINANCES 2017
18th Sangguniang Bayan
Lupon, Davao Oriental

 

MUNICIPAL ORDINANCE NO. 2017-09

AN ORDINANCE AMENDING MUNICIPAL ORDINANCE NO. 2015-01, ENTITLED: “AN ORDINANCE ENACTING THE CHILDREN’S WELFARE CODE OF THE MUNICIPALITY OF LUPON, PROVINCE OF DAVAO ORIENTAL AND FOR OTHER PURPOSES.”

BE IT ORDAINED by the Sangguniang Bayan of Lupon, Davao Oriental in session assembled that:

SECTION 1. Section 30. OTHER ACTS AND/OR CONDITIONS PREJUDICIAL TO CHILD’S DEVELOPMENT shall now be read as follows:

            Section 30. PROHIBITION ON THE SELLING OF LIQUOR, CIGARETTES, AND SIMILAR GOODS; OVERLOADING IN PUBLIC TRANSPORT AND ENGAGING IN OTHER ACTIVITIES PREJUDICIAL TO CHILD’S DEVELOPMENT

            It shall be unlawful for any person to sell to minors liquor, cigarettes, illegal drugs and other items detrimental to the development of a child.

In transporting children, whether in or out of school, the maximum number of seating capacity of public transport vehicle shall be strictly observed, as follows:

  1. Motorized Tricycle/Pedicab – maximum of six (6) children-passengers and other passengers;
  2. Topdown – maximum of five (5) children-passengers and other passengers;
  3. Tuktok/Kumong-kumong/Bajaj RE – maximum of five (5) children-passengers and other passengers;
  4. Jeepney (Francisco) – maximum of eighteen (18) children-passengers and other passengers; and
  5. Jeepney (Lawin) – maximum of twenty (20) children-passengers and other passengers.

For this purpose, the penalty for violations as prescribed in Article IV of RA 7610 shall be imposed. The victims of the offense committed under this section shall be entrusted to the care of the Special Office of Children’s Welfare.

SECTION 2. Repealing Clause – Any ordinance, resolution or order inconsistent with any of the provisions of this Ordinance are hereby amended, repealed or modified accordingly.

SECTION 3. Separability Clause – If for any reason any portion or provision of this Ordinance is declared unconstitutional or invalid, the other provisions hereof which are not affected thereby shall continue to be in full force and effect.

SECTION 4. Effectivity. This Ordinance shall take effect upon its approval and publication in any newspaper of local circulation and the posting thereof in bulletin boards at the entrance of the municipal hall and in at least two other conspicuous and publicly accessible places within the territorial jurisdiction of the municipality.

ENACTED by the SANGGUNIANG BAYAN of the Municipality of Lupon this 13th day of June 2017.

 

MUNICIPAL ORDINANCE NO. 2017-08

AN ORDINANCE REGULATING THE COVERAGE PRODUCTION AREA OF CAVENDISH BANANA PLANTATIONS IN THE MUNICIPALITY OF LUPON, DAVAO ORIENTAL.

Be it ordained by the Sangguniang Bayan of Lupon, Davao Oriental, that:

SECTION 1. TITLE – This Ordinance shall be called as the “CAVENDISH BANANA PLANTATIONS COVERAGE AREA LIMITATION ORDINANCE OF 2017.”

SECTION 2. SCOPE AND COVERAGE – This Ordinance shall cover the barangays of Lupon, Davao Oriental.

SECTION 3. DEFINITION OF TERMS – For purposes of this Ordinance, the following terms shall mean:

  1. Buffer Zone – an area of land designated for environmental protection whereby planting cavendish bananas within two hundred to three hundred (200-300) meter-radius from the barangay site, residential and institutional areas is strictly prohibited.
  2. Cavendish Banana – a widely grown banana cultivar with a bright yellow skin belonging to the cavendish subgroup of the AAA cultivar group which include a commercially important cultivars like ‘Dwarf Cavendish’ and ‘Grand Nain.’
  3. East District – a traditional districting to determine school location as being set by public schools officials or DepEd to cover the barangays of Cocornon, Limbahan, Macangao, San Jose, Tagboa, Magsaysay, Lantawan, New Visayas, San Isidro, Don Mariano Marcos, Calapagan and Marayag.

SECTION 4. COVERAGE AREAS AND BOUNDARY LINES – There shall be established metes and bounds that would determine allowable areas for cavendish banana plantations:

  1. All existing agricultural lands planted to cavendish bananas prior to the enactment of this Ordinance;
  2. All barangays situated in the East District following the traditional school location being set by DepEd;
  3. All barangays located east of Sumlog River are allowed for cavendish banana plantations;
  4. In cases where a barangay is being split by Sumlog River, only the east portion of the agricultural lands of such barangay is allowed for cavendish banana plantations; and
  5. A buffer zone of two hundred to three hundred (200-300) meter-radius away from the barangay site, residential and institutional areas must be strictly observed by the banana plantation operators.

SECTION 5. EXEMPTIONS

  1. Barangays identified as within the allowed areas for cavendish banana plantations may opt to deny establishment of such plantation in their respective barangays through the act of the Sangguniang Barangay.
  2. In case of Barangays Don Mariano Marcos, Calapagan and Marayag, all irrigated areas within agricultural lands must be protected and crop diversification from rice to Cavendish bananas shall be discouraged.

SECTION 6. PENALTY CLAUSE. All persons found violating this ordinance shall be fined, as follows:

First Offense              – Five Hundred (P 500.00) Pesos;

Second Offense        – One Thousand Five Hundred (P 1,500.00)

Pesos;

Third Offense and succeeding offenses – Two Thousand Five

Hundred (P 2,500.00) Pesos and/or cancellation

or suspension of business permit and licenses.

SECTION 7. SEPARABILITY CLAUSE. If, for any reason, any part or provision of this Ordinance shall be held to be unconstitutional or invalid, other parts or provisions hereof which are not affected thereby shall continue to be in full force and effect.

SECTION 8. REPEALING CLAUSE. All ordinances, as well as pertinent rules and regulations thereof, which are inconsistent with the provisions of this Ordinance are hereby repealed or amended accordingly.

SECTION 9. EFFECTIVITY. This Ordinance shall take effect upon its approval and publication in any newspaper of local circulation and the posting thereof in bulletin boards at the entrance of the municipal hall and in at least two other conspicuous and publicly accessible places within the territorial jurisdiction of the municipality.

ENACTED by the SANGGUNIANG BAYAN of the Municipality of Lupon this 8th day of May 2017.

 

MUNICIPAL ORDINANCE NO. 2017-07

AN ORDINANCE AMENDING MUNICIPAL ORDINANCE NO. 2008-04, ENTITLED: “AN ORDINANCE PROVIDING FOR THE SUSTAINABLE MANAGEMENT, DEVELOPMENT AND CONSERVATION OF ALL MUNICIPAL WATERS AND COASTAL AND FISHERY RESOURCES HARMONIZING AND INTEGRATING ALL OTHER ORDINANCES PERTINENT THERETO AND FOR OTHER PURPOSES, OTHERWISE KNOWN AS THE MUNICIPAL FISHERIES ORDINANCE OF 2008 OF LUPON, DAVAO ORIENTAL.”

 Be it ordained by the Sangguniang Bayan of Lupon, Davao Oriental, that:

SECTION 1.  There shall be an amendment by inserting a third paragraph in Article III, Section 9 of the herein Ordinance, as follows:

Furthermore, no fishing or taking, gathering, catching, transporting, selling or trading and possessing of juvenile fishes shall be allowed. Juvenile Fish refers to any species of fish, which does not reach its reproductive maturity stage and less average size in length, to wit:

English (Local Name) Scientific Name Average Size

@ Maturity (cm)

PELAGIC FISHERIES
Skipjack (budissan) Katsuwonus pelamis 44.0
Frigate mackerel (tulingan) Auxis thazardthazard 29.0
Big-eyed scad (matambaka) Selar crumenophtalmus 24.0
Indian scad (borot) Decapterus russelli 18.0
Bigmouth mackerel (hasahasa) Rastrelliger kanagurta 18.0
Shortfin scad (galunggong) Decapterus macrosoma 17.0
Japanese scad (galunggong) Decapterus maruadsi 16.0
Short-bodied mackerel (hasahasa) Rastrelliger brachysoma 15.7
Moonfish (bilong-bilong) Mene maculate 15.0
Goldstripe sardine (tamban) Sardinella gibbosa 14.5
Yellowstrip scad (salaysalay) Selaroides leptolepis 13.0
Bali sardinella (tamban) Sradinella lemuru 13.0
Indian Anchovy (tornos) Stolephorus indicus 11.4
Splendid ponyfish (sapsap) Leiognatus splendens 10.7
Fringescale sardinella (tamban) Sardenilla fimbriata 8.9
Commerson’s anchovy (bolinao) Stolephonus commersonii 7.0
DEMERSAL FISHERIES
Giant trevally or jack (talakitok) Caranx ignobilis 95.4
Leopard coral grouper (lapulapu) Plectropomus leopardus 62.9
Snapper (maya-maya) Lutjanus argentimaculatus 54.6
Pink ear emperor (bakawil, kiros) Lethrinus lentjan 35.0
Dory snapper (mangagat) Lutjanus Fulviflamma 25.0
Whitesaddle goatfish (timbungan) Parupeneus ciliates 22.8
Rabbitfish (danggit) Siganus canaliculatus 19.9
Honeycomb grouper (lapulapu, suno) Epinephelus merra 19.0
Silverbiddy (malakapas) Gerres filamentosus 18.5
Lattice monocle bream (silay) Scolopsis taeniopterus 17.4
Silver sillago (asuhos) Sillago sihama 17.0
Java parrotfish (molmol) Scarus javanicus 16.3
Common parrotfish (molmol) Scarus psittacus 15.5
Ornate threadfish bream (bisugo) Nemipterus hexodon 15.3
Little spinefoot (danggit) Siganus spinus 14.7
Goldband goatfish (timbungan) Upeneus moluccensis 14.6

SECTION 2. Section 80. Registration of Fishing Vessels shall now be read as follows:

All fishing vessels operating and/or fishing within the municipal waters must be registered annually. Only registered fishing vessels with Certificate of Number shall be allowed and/or issued fishing license.

SECTION 3. There shall be inserted Section 82 (a), as follows:

Permit to Operate. Registered fishing banca shall only be operated by persons with a Permit to Operate from the municipality.

The use of the Permit to Operate shall be limited to the registered fishing vessel of the immediate family member only to the exclusion of other registered fishing vessels in the municipality. The Permit to Operate shall be co-terminus to the validity of the registration of the fishing vessel.

Other persons who wish to operate fishing vessels neither owned nor registered under his name or his immediate family. But in case of a cooperative or a corporation, the one to operate must possess a Boat Captain License issued by the Maritime Industry Authority (MARINA).

SECTION 4. There shall be inserted Section 124 (a), as follows:

FLET Incentive – This Ordinance shall hereby authorize the grant of remuneration to the Fishery Law Enforcement Team (FLET) equivalent to a portion of every fine or penalty derived from apprehensions for violation of this Ordinance. Such grant, amount or percentage out of the penalty shall be recommended by the MFRB to the Local Finance Committee (LFC).

For the purpose of the effective operation of the FLET, an annual budget of One Million Five Hundred Thousand (P 1,500,000.00) Pesos shall be allocated in the Annual Budget under the Maintenance and Other Operating Expenses (MOOE) of the Municipal Agriculturist’s Office.

SECTION 5. There shall be inserted Section 170 (a), as follows:

Anyone caught fishing or taking, gathering, catching, transporting, selling or trading and possessing of juvenile fishes, as specified in Section 9 hereof, shall be fined with Two Thousand Five Hundred (P2,500.00) Pesos.

SECTION 6. Creation of Municipal Fisheries Regulatory Board (MFRB)

MFRB shall be created to ensure effective participation of various stakeholders in the fisheries management in the municipality. Policies being recommended by both MFARMC and MPA Board shall be reviewed and shortlisted by the MFRB prior to indorsement at the Sangguniang Bayan. An implementing rules and regulations pertaining to its operation shall be set later by the MFRB, including the election of its officers.

MFRB shall be composed of the following:

  1. SB Representative – Chairperson, Committee on Fisheries and Aquatic Resources
  1. Municipal Agriculturist
  2. Municipal Environment and Natural Resources Coordinator
  3. Representative from Municipal Development Council
  4. At least two (2) representatives from Local Finance Committee
  5. Representative from private sector
  6. At least four (4) representatives from accredited fisherfolk organizations

The MFRB shall have the following functions:

  1. Recommend appropriate license fees of fisheries activities;
  2. Concur, approve, or recommend the establishment of closed season in municipal waters or parts thereof for ecological purposes;
  3. Submit to the LGU for consideration the list of priorities among fishers, of limiting entry into municipal waters;
  4. Recommend necessary mechanisms of inclusion or exclusion procedures on list or registry of municipal fishers;
  5. Recommend for the declaration of overfished areas in municipal waters;
  6. Recommend for the establishment of pre/post-harvest facilities for fishing communities;
  7. Recommend the enactment/amendment of municipal fishery ordinance;
  8. Recommend mechanisms to ensure effective enforcement of the municipal fisheries ordinance;
  9. Review all applications for fishery concessions, licenses and permits prior to approval;
  10. Review all fishery policy formulations from MFARMC and MPA Board for indorsement to the Sangguniang Bayan;
  11. Resolve cases administratively filed by the Bantay Dagat or fishery law enforcement personnel; and
  12. Recommend areas within municipal water for fishery refuge and sanctuaries.

SECTION 7. SEPARABILITY CLAUSE. If, for any reason or reasons, any part or provision of this Ordinance shall be held to be unconstitutional or invalid, other parts or provisions hereof which are not affected thereby shall continue to be in full force and effect.

SECTION 8. REPEALING CLAUSE. All ordinances, as well as pertinent rules and regulations thereof, which are inconsistent with the provisions of this Ordinance are hereby repealed or amended accordingly.

SECTION 9. EFFECTIVITY. This Ordinance shall take effect upon its approval and publication in any newspaper of local circulation and the posting thereof in bulletin boards at the entrance of the municipal hall and in at least two other conspicuous and publicly accessible places within the territorial jurisdiction of the municipality.

ENACTED by the SANGGUNIANG BAYAN of the Municipality of Lupon this 3rd day of April 2017.

 

MUNICIPAL ORDINANCE NO. 2017-06

AN ORDINANCE ESTABLISHING THE LUPON FISH LANDING AND AUCTION CENTER THEREBY DECLARING THE SAME AS THE CONVERGENCE AND TRADING POST FOR SEAFOOD TRADERS AND FISHERMEN TO BOLSTER ECONOMIC GROWTH FOR THE FISHING INDUSTRY OF LUPON, DAVAO ORIENTAL.

Be it ordained by the Sangguniang Bayan of Lupon, Davao Oriental, that:

SECTION 1. TITLE – This Ordinance shall be called as the “Fish Landing and Auction Center Ordinance of 2017.”

SECTION 2. SCOPE AND COVERAGE – This Ordinance shall cover coastal barangays of Lupon as well as the location site of the Lupon Fish Landing and Auction Center including its perimeter but in no case shall obstruct access to the operation of the Port of Lupon.

SECTION 3. DEFINITION OF TERMS – For purposes of this Ordinance, the following terms shall mean:

  1. Auction – a process of buying and selling goods or services by offering them up for bid, taking bids, and then selling the items to the highest bidder.
  1. Fish Landing Center – facilities owned and operated by the Local Government Unit of Lupon situated along the coastline where buying and selling of seafood are being conducted at a prescribed time of a day.
  1. Auctioneer – a person who conducts auction by accepting bids and declaring good sold.
  1. Marginal Catch – refers to the minimal catch of a fisherman which shall not exceed five (5) kilograms of low grade type fish.
  1. Center – refers to the Fish Landing and Auction Center.

SECTION 4. THE FISH LANDING AND AUCTION CENTER

  1. The fish landing and auction center shall consist of a building, ice storage, cool storage, weights and measures and other facilities capable of handling variety of fish landed and other marine produce, maintaining their quality and freshness for safety and sustainability;
  2. Fishing boats and vessels shall only unload their catch at the Fish Landing and Auction Center;
  3. There shall only be one fish landing center that is considered to be the Seafood Trading Post in the Municipality of Lupon where seafood traders and fishermen converge;
  4. Conduct of seafood trading activity along the coastal barangays of the Municipality of Lupon shall no longer be allowed except for those considered marginal catch.

SECTION 5. RULES GOVERNING THE CONDUCT OF FISH TRADING – There shall be rules to be observed in the conduct of fish trading and other related activities within the Lupon Fish Landing and Auction Center:

  1. Fish trading shall be conducted through auction;
  2. Auction shall be undertaken twenty-four (24) hours daily unless suspended through the recommendation of the Economic Enterprise Office due to force majeure or severe weather disturbances;
  3. Fish retail distribution shall be allowed within the Fish Landing and Auction Center twenty-four (24) hours daily; and
  4. Fishermen shall be given priority in the conduct of fish retail distribution within the center.

SECTION 6. THE AUCTIONEER

  1. There shall be designated auctioneer that shall be responsible in the conduct of auction for all seafood products docked and unloaded at the Fish Landing and Auction Center.
  2. The auctioneer shall be responsible in determining the initial auction value of seafood products unloaded at the center.

SECTION 7. FEES AND CHARGES – There shall be collected fees and charges in the conduct of fish trading and other activities within the Fish Landing and Auction Center.

SECTION 8. PENALTY CLAUSE – All person or persons found violating this Ordinance shall be dealt with a fine and penalty, as follows:

First Offense             – Five Hundred (P 500.00) Pesos;

Second Offense       – One Thousand Five Hundred (P 1,500.00) Pesos;

Third Offense and succeeding offenses – Two Thousand Five Hundred (P 2,500.00) Pesos.

 SECTION 9. SEPARABILITY CLAUSE. If, for any reason or reasons, any part or provision of this Ordinance shall be held to be unconstitutional or invalid, other parts or provisions hereof which are not affected thereby shall continue to be in full force and effect.

 SECTION 10. REPEALING CLAUSE. All ordinances, as well as pertinent rules and regulations thereof, which are inconsistent with the provisions of this Ordinance are hereby repealed or amended accordingly.

SECTION 11. EFFECTIVITY. This Ordinance shall take effect upon its approval and publication in any newspaper of local circulation and the posting thereof in bulletin boards at the entrance of the municipal hall and in at least two other conspicuous and publicly accessible places within the territorial jurisdiction of the municipality.

ENACTED by the SANGGUNIANG BAYAN of the Municipality of Lupon this 3rd day of April 2017.

 

MUNICIPAL ORDINANCE NO. 2017-05

AN ORDINANCE AUTHORIZING THE HON. ERLINDA D. LIM, MUNICIPAL MAYOR, TO ENTER INTO AND SIGN FOR AND IN BEHALF OF THE MUNICIPAL GOVERNMENT OF LUPON, DAVAO ORIENTAL THE MEMORANDUM OF AGREEMENT (MOA) WITH THE LANDBANK OF THE PHILIPPINES (LBP), REPRESENTED BY ITS PRESIDENT AND CEO ALEX V. BUENAVENTURA, THROUGH HIS DULY AUTHORIZED REPRESENTATIVE, MARY DEL S. BANZUELA, ACTING HEAD OF LANDBANK MATI BRANCH, FOR THE INSTALLATION OF AN OFF-SITE ATM UNIT AT THE MUNICIPAL BUILDING, THIS MUNICIPALITY.

Be it ordained by the Sangguniang Bayan of Lupon, Davao Oriental, that:

SECTION 1. Under RA 3844, as amended, Land Bank of the Philippines (LBP) is a government-owned and controlled corporation.

SECTION 2. The Local Government Unit of Lupon shall make available, free of charge, a four (4) square meters, more or less, at the main entrance, ground floor of the municipal building for the installation of an ATM unit; and LBP has committed to install an off-site ATM unit.

SECTION 3. The foregoing premises and the terms and conditions indicated in the Memorandum of Agreement have been mutually agreed by the parties.

SECTION 4. The Municipal Mayor is hereby granted the authority to sign all the documents relative to the installation of an off-site ATM unit at the municipal building of this municipality.

SECTION 5. SEPARABILITY CLAUSE. If, for any reason or reasons, any part or provision of this Ordinance shall be held to be unconstitutional or invalid, other parts or provisions hereof which are not affected thereby shall continue to be in full force and effect.

SECTION 6. REPEALING CLAUSE. All ordinances, as well as pertinent rules and regulations thereof, which are inconsistent with the provisions of this Ordinance are hereby repealed or amended accordingly.

SECTION 7. EFFECTIVITY. This Ordinance shall take effect upon its approval and publication in any newspaper of local circulation and the posting thereof in bulletin boards at the entrance of the municipal hall and in at least two other conspicuous and publicly accessible places within the territorial jurisdiction of the municipality.

ENACTED by the SANGGUNIANG BAYAN of the Municipality of Lupon this 27th day of February 2017.

 

MUNICIPAL ORDINANCE NO. 2017-04

AN ORDINANCE AMENDING MUNICIPAL ORDINANCE NO. 2007-03, ENTITLED: “AN ORDINANCE ADOPTING THE CODE OF ECONOMIC ENTERPRISES OF THE MUNICIPALITY OF LUPON,” BY CHANGING THE DAY OF TABO SA LUPON FROM TUESDAY TO SATURDAY.

BE IT ORDAINED by the Sangguniang Bayan of Lupon, Davao Oriental in session assembled that:

SECTION 1. Purpose. It is the purpose of this ordinance to change the day of the Tabo sa Lupon or market day giving due consideration to the ongoing rehabilitation of the portion of the Lupon Public Market adjacent to the Overland Transport Terminal.

SECTION 2. Article IX, Section 91(7) of Municipal Ordinance No. 2007-03 shall be amended to read as follows:

7. The “Tabo sa Lupon” is for a duration of one (1) day which shall start at 6:00 o’clock in the morning and ends at 10:00 o’clock in the evening of every Saturday. No more selling of products will be allowed at the close of the “Tabo sa Lupon.”

SECTION 3. Sunset Clause – The implementation of the amended day in Section 2 of this ordinance during market days shall be lifted after the rehabilitation of the portion of the public market adjacent to the Overland Transport Terminal shall have been completed. Consequently, the day provided in Section 91(7) of Municipal Ordinance No. 2007-03 shall be restored to be duly implemented.

SECTION 4. Repealing Clause – Any ordinance, resolution or order inconsistent with any of the provisions of this Ordinance are hereby amended, repealed or modified accordingly.

SECTION 5. Separability Clause – If for any reason or reasons any portion or provision of this Ordinance is declared unconstitutional or invalid, the other provisions hereof which are not affected thereby shall continue to be in full force and effect.

Section 6. Effectivity. This Ordinance shall take effect upon its approval and publication in any newspaper of local circulation and the posting thereof in bulletin boards at the entrance of the municipal hall and in at least two other conspicuous and publicly accessible places within the territorial jurisdiction of the municipality.

ENACTED by the SANGGUNIANG BAYAN of the Municipality of Lupon this 20th day of February 2017.

 

MUNICIPAL ORDINANCE NO. 2017-03

AN ORDINANCE AMENDING MUNICIPAL ORDINANCE NO. 2014-04, ENTITLED: “AN ORDINANCE REGULATING THE FLOW OF TRAFFIC IN THE MAIN THOROUGHFARES AFFECTED BY THE MARKET DAY OPERATION OF THE MUNICIPALITY OF LUPON, AND FOR OTHER PURPOSES.”

BE IT ORDAINED by the Sangguniang Bayan of Lupon, Davao Oriental in session assembled that:

SECTION 1. Legal Basis.

Section 21 (d) of RA 7160, otherwise known as the Local Government Code of 1991 provides that: “Any city, municipality, or barangay may, by a duly enacted ordinance, temporarily close or regulate the use of any local street, road, thoroughfare, or any other public places where shopping malls, Sunday, flea or night markets, or shopping areas may be established and where goods, merchandise, foodstuffs, commodities, or articles of commerce may be sold and dispensed to the general public.”

SECTION 2. Purpose. It is the purpose of this ordinance to effect the amended route during market days, especially taking into consideration the ongoing rehabilitation of the portion of the public market adjacent to the Overland Transport Terminal of this local unit.

SECTION 3. Section 5 of Municipal Ordinance No. 2014-04 shall be amended to read as follows:

SECTION 5. Routes. For smooth flow of traffic during market days, the following entry and exit points of vehicle shall be strictly observed therein:

  1. Entering Aguinaldo Street → Comarra Street → Market Avenue → Rizal Street → exiting Aguinaldo Street;
  2. Entering Aguinaldo Street → Comarra Street → Market Avenue → Public Market Access Road → Municipal Avenue (Botica Liza) → Rizal Street → exiting Aguinaldo Street;
  3. Entering Aguinaldo Street → Comarra Street → Market Avenue → Public Market Access Road → Municipal Avenue (Mercury Drug) → exiting Aguinaldo Street;
  4. Entering Aguinaldo Street → Municipal Avenue → Tuballa Street → Market Avenue → Comarra Street → exiting Aguinaldo Street; and
  5. Entering Aguinaldo Street → Municipal Avenue → Public Market Access Road → Market Avenue → Rizal Street → exiting Aguinaldo Street.

The following streets shall be declared one-way:

  1. Rizal Street from corner Market Avenue to Aguinaldo Street);
  2. Tuballa Street; and
  3. Market Avenue (from corner Tuballa Street going to Rizal Street).

Exhibit A is hereby attached to this ordinance and shall form part hereof for reference.

SECTION 4. Sunset Clause – The implementation of the amended route in Section 3 of this ordinance during market days shall be lifted after the rehabilitation of the portion of the public market adjacent to the Overland Transport Terminal shall have been completed. Consequently, the route provided in Section 5 of Municipal Ordinance No. 2014-04 shall be restored to be duly implemented.

SECTION 5. Repealing Clause – Any ordinance, resolution or order inconsistent with any of the provisions of this Ordinance are hereby amended, repealed or modified accordingly.

SECTION 6. Separability Clause – If for any reason or reasons any portion or provision of this Ordinance is declared unconstitutional or invalid, the other provisions hereof which are not affected thereby shall continue to be in full force and effect.

Section 7. Effectivity. This Ordinance shall take effect upon its approval and publication in any newspaper of local circulation and the posting thereof in bulletin boards at the entrance of the municipal hall and in at least two other conspicuous and publicly accessible places within the territorial jurisdiction of the municipality.

ENACTED by the SANGGUNIANG BAYAN of the Municipality of Lupon this 20th day of February 2017.

 

MUNICIPAL ORDINANCE NO. 2017-02

AN ORDINANCE CONFIRMING AND RATIFYING THE TERMS AND CONDITIONS OF THE LOAN OF THE MUNICIPAL GOVERNMENT OF LUPON, DAVAO ORIENTAL WITH THE LAND BANK OF THE PHILIPPINES, AND AUTHORIZING THE HON. ERLINDA D. LIM, MUNICIPAL MAYOR, THIS MUNICIPALITY, TO SIGN ALL DOCUMENTS PERTAINING TO THE LOAN AND FOR OTHER PURPOSES.

 Be it ordained by the Sangguniang Bayan of Lupon, Davao Oriental, that:

SECTION 1.  Pursuant to Municipal Ordinance No. 2017-01 the Sangguniang Bayan of Lupon has authorized Municipal Mayor Erlinda D. Lim to apply for a loan with the Land Bank of the Philippines (LBP) in the total amount of Two Hundred Sixty-two Million Eight Hundred Forty Thousand (P 262,840,000.00) Pesos for the construction of municipal building, construction of overland terminal complex and acquisition of 2.5 hectares of lot of the Municipality of Lupon, Province of Davao Oriental.

SECTION 2. In consideration of the financial loan granted by the Land Bank of the Philippines, the Municipality of Lupon, Province of Davao Oriental, hereby ordains:

  1. To confirm and ratify the terms and conditions of the loan as stipulated in the loan agreement and authorizing the Municipal Mayor Erlinda D. Lim to sign documents pertaining to the loan and in behalf of the Municipality of Lupon, Davao Oriental;
  2. To confirm, approve and ratify all previous representations, acts and warranties and all other terms and conditions of the loan;
  3. To authorize the assignment of the LGU’s Local Revenues and 20% of Internal Revenue Allotment (IRA) and other income, revenues and collection as collateral/security to the loan obtained and declaring them to be available and not restricted by law on obligations;
  4. To direct the Municipal Treasurer and Accountant to enter the loan in the appropriate books of the LGU;
  5. To appropriate the necessary amount for loan repayment in the LGU’s annual budget until the loan, interest and other charges are fully paid; and
  6. To authorize LBP to deduct for set-off and/or deduct amounts from any deposits of funds of the LGU with LBP and apply the same to the payment of the loan or any portion thereof, or interests and penalties thereon as may be deemed necessary by LBP.

SECTION 3. The Municipal Mayor is hereby granted the authority to sign all the documents relative to the loan.

SECTION 4. This Ordinance shall take effect upon its approval.

ENACTED by the SANGGUNIANG BAYAN of the Municipality of Lupon this 6th day of February 2017.

 

MUNICIPAL ORDINANCE NO. 2017-01

AN ORDINANCE AUTHORIZING THE PROPOSED BORROWING OF THE MUNICIPALITY OF LUPON, DAVAO ORIENTAL, IN THE TOTAL AMOUNT OF TWO HUNDRED SIXTY-TWO MILLION EIGHT HUNDRED FORTY THOUSAND (P 262,840,000.00) PESOS TO FUND THE CONSTRUCTION OF MUNICIPAL BUILDING IN THE AMOUNT OF ONE HUNDRED THIRTY MILLION (P 130,000,000.00) PESOS, ACQUISITION OF 2.5 HECTARES OF LOT IN THE AMOUNT OF SEVENTEEN MILLION EIGHT HUNDRED FORTY THOUSAND (P 17,840,000.00) PESOS, AND CONSTRUCTION OF OVERLAND TERMINAL COMPLEX IN THE AMOUNT OF ONE HUNDRED FIFTEEN MILLION (P 115,000,000.00) PESOS.

Be it enacted by the Sangguniang Bayan of Lupon, Davao Oriental, that:

SECTION 1.  The Municipality of Lupon, represented by Honorable Erlinda D. Lim, Municipal Mayor, is hereby authorized to enter into a loan agreement with the Land Bank of the Philippines (LBP), in accordance with Section 297 of the Republic Act No. 7160, otherwise known as the Local Government Code of 1991, in the total amount of Two Hundred Sixty-two Million Eight Hundred Forty Thousand (P 262,840,000.00) Pesos, under the terms and conditions set forth therein, and subject to the requirements stated under Section 123 of Republic Act No. 7653, as implemented by the Bangko Sentral ng Pilipinas Circular No. 402. In this connection, the Municipal Mayor shall have full power and authority to represent the Municipality of Lupon in negotiating the terms and conditions for the said borrowing and in signing, executing and delivering such agreements, contracts, deeds, papers, and documents as may be necessary and proper for the full and total implementation of the authority herein granted.

SECTION 2. The said priority projects herein specified as the construction of municipal building, construction of overland terminal complex and acquisition of 2.5 hectares of lot are hereby certified to be local infrastructure and other socio-economic development projects in accordance with the approved Annual Investment Program for the years 2016 and 2017 and Local Development and Investment Plan for the period 2016 to 2020.

SECTION 3. Consistent with the covering loan contract, deeds and assignment, mortgage contracts, and such other agreements as maybe entered into by the Municipality of Lupon in connection with the borrowing; the features, terms and conditions shall be as follows and are hereby approved:

3.1 Project Name      : Construction of Municipal Building, Construction of Overland

Terminal Complex and Acquisition of 2.5 Hectares of Lot

Borrower              : LGU-Lupon, Davao Oriental

Amount                : Loan 1 – P130.00 Million or winning bid whichever is lower

Loan 2 – P17.84 Million or appraisal values whichever is lower

Loan 3 – P115.00 Million or winning bid whichever is lower

Purpose/s            : Loan 1 – To finance the construction of municipal building

Loan 2 – To finance the acquisition of 2.5 hectares of lot

Loan 3 – To finance the construction of overland terminal

complex

Term                    : Loan 1 and 3 – Fifteen (15) years, inclusive of eight (8) quarters

grace period on principal

Loan 2 – Five (5) years with no grace period on principal

Waiver of the following fees and charges:

  • 1% Handling Fee
  • ½% Commitment Fee based on unavailed amount
  • Inspection/Appraisal Fee
  • 2% Pre-payment Fee based on outstanding balance, except in case of loan take out by other banks.

Mode of Release:          Loan 1 and 3 – Progressive Billing

Loan 2 – Lumpsum release directly credited to the LGU Account

Manner of Payment:     Loan 1 and 3

Principal – Payable in fifty-two (52) equal quarterly amortizations to

start at the end of the 9th quarter from initial drawdown.

Interest – Payable quarterly in arrears to start at the end of the 1st

quarter from initial loan drawdown.

Loan 2

Principal – Payable in twenty (20) equal quarterly amortizations to

start at the end of the 1st quarter from initial drawdown.

Interest – Payable quarterly in arrears to start at the end of the 1st

quarter from date of initial loan drawdown.

Collateral/Guarantee/Security: Loan 1, 2 and 3 – Assignment of 20% Internal

Revenue Allotment (IRA)

SECTION 4. The Municipality of Lupon hereby appropriate the entire proceeds of the borrowing exclusively to finance the construction of the municipal building, construction of overland terminal complex and acquisition of 2.5 hectares of lot and other financial obligations relative thereto.

SECTION 5. Any ordinance or parts thereof inconsistent with this enactment is hereby repealed or amended accordingly.

SECTION 6. This Ordinance shall take effect upon its publication and compliance with all procedures required under Republic Act No. 7160 of an ordinance for its validity, including the affixation of signatures of the Sangguniang Bayan members, in concurrence thereto, composing at least a majority thereof, out of the total eleven (11) members, on all the pages of this Ordinance.

 

ENACTED by the SANGGUNIANG BAYAN of the Municipality of Lupon this  6th day of February 2017.

 

APPROPRIATION ORDINANCE NO. 01-2017

AN ORDINANCE AUTHORIZING SUPPLEMENTAL BUDGET NO. 01-2017 INVOLVING AN AMOUNT OF TWO HUNDRED SIXTY-FIVE MILLION EIGHT HUNDRED FORTY THOUSAND (P265,840,000.00) PESOS COVERING THE VARIOUS EXPENDITURES FOR THE PRIORITY PROJECTS OF THE MUNICIPAL GOVERNMENT OF LUPON, DAVAO ORIENTAL.

Be it enacted in Special Session assembled:

Section 1. The Supplemental Budget No. 01-2017 of the Municipality of Lupon, Davao Oriental for Fiscal Year 2017 in the total amount of Two Hundred Sixty-five Million Eight Hundred Forty Thousand (P 265,840,000.00) Pesos is hereby approved.

The documents consisting of the following are incorporated herein and made integral part of this Ordinance:

  1. Statement of Funding Sources;
  2. Statement of Supplemental Appropriation for CY 2017;
  3. Certification issued and signed by the Municipal Treasurer, this municipality, certifying the availability of the Performance Challenge Fund from DILG in the amount of P3,000,000.00; and
  4. Certification from the Land Bank of the Philippines that the herein local unit has an approved loan line in the total amount of P262,840,000.00 for the following projects:                                                                                                         a) Construction of Municipal Building                 –           P 130,000,000.00                                                                       b) Lot Acquisition                                                     –           P   17,840,000.00                                                                         c) Construction of Overland Terminal Complex –          P 115,000,000.00

Section 2. Sources of Funds – The sources of funds for the Supplemental Budget No. 01-2017 in the amount of Two Hundred Sixty-five Million Eight Hundred Forty Thousand P 265,840,000.00) Pesos shall be the following:

Subsidy-Performance Challenge Fund-DILG                        –           P     3,000,000.00

Underestimated Income                                                             –               262,840,000.00

                                                                 T O T A L                   –           P 265,840,000.00

                                                                                                               ===============

Section 3. Use of Funds – The amount of Two Hundred Sixty-five Million Eight Hundred Forty Thousand (P 265,840,000.00) Pesos is hereby appropriated for the Supplemental Budget No. 01-2017 of the Municipality of Lupon, Davao Oriental, to wit:

Proposed New Appropriations Language

            For the various expenditures intended for the priority projects of the Municipal Government of Lupon, Davao Oriental, in the amount of Two Hundred Sixty-five Million Eight Hundred Forty Thousand (P 265,840,000.00) Pesos.

 New Appropriations by Program/Activity/Project

 

 

Program/Project/Activity

 

Current

Operating

Expenditures

 

Capital

Outlay

 

Financial

Expenses

 

Total

PS MOOE
A.   Program

I.   General Administration Services

a.  General Administrative

And Support Services

         
Sub-total          
II.  Operations          
Sub-total          
Total, Programs          
B.    Projects          
I.   Loan Proceeds (Borrowings)

a.  Const. of Municipal Bldg.

b. Lot Acquisition

c.  Const. of Overland Terminal Complex

II. Subsidy-Performance Challenge Fund (DILG)

     

P 130,000,000.00

17,840,000.00

 

115,000,000.00

 

3,000,000.00

   

P 130,000,000.00

17,840,000.00

 

115,000,000.00

 

3,000,000.00

Sub-total     P 265,840,000.00   P 265,840,000.00
Total, Projects     P 265,840,000.00   P 265,840,000.00
Total New Appropriations     P 265,840,000.00   P 265,840,000.00

 Program Appropriation and Obligation by Object

Object of Expenditure Account

Code

Past

Year

Current

Year

Budget

Year

Personal Services
Total PS
Maintenance and Other Operating Expenses (MOOE)
Total MOOE
Capital Outlay

I.   Loan Proceeds (Borrowings)

a.  Const. of Municipal Bldg.

b.  Lot Acquisition

c.  Const. of Overland Terminal Complex

II.  Subsidy-Performance Challenge Fund (DILG)

 

 

1-07-04-010

1-06-01-010

 

1-07-04-990

 

1-07-04-040

 

 

P 130,000,000.00

17,840,000.00

 

115,000,000.00

 

3,000,000.00

Total CO P 265,840,000.00
Financial Expenses
Total Financial Expenses
TOTAL APPROPRIATIONS P 265,840,000.00

Section 4. Separability Clause – If, for any reason, any section or provision of this Ordinance is declared invalid or unconstitutional, other sections or provisions thereof which are not affected thereby shall continue to be in full force and effect.

Section 5. Effectivity – The provisions of this Ordinance shall take effect upon approval.

ENACTED this 27th day of March 2017 at the Sangguniang Bayan Session Hall, Lupon, Davao Oriental.