NF Committee Report Biabas Ordinance #1 S2019

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Republic of the Philippines

Province of Bohol
MUNICIPALITY OF UBAY

Office of the Sangguniang Bayan

COMMITTEE REPORT

July 17, 2019


,
I. Reporting Committee: Committee on Rules, Laws & Ordinances

II. Brief Statement of the subject matter referred to it and the action taken on it
including information gathered during the conduct of the committee hearing
and other relevant information.

A request to review BARANGAY ORDINANCE No. 1 Series of 2019 of Barangay


Biabas, Ubay, Bohol "AN ORDINANCE STRONGLY PROHIBITING THE
SELLING OF FISH/MEAT EITHER DRIED OR FRESH ALONG THE STREETS
AND HIGHWAYS OF THE BARANGAY NOTWITHSTANDING WHETHER IT IS
IN FRONT OF THE VENDOR'S HOUSE OR STORE AND PENALIZING THOSE
WHO KNOWINGLY OR UNKNOWINGLY VIOLATES THEREOF"

III. Findings and Conclusions:

Attached is a copy of the proposed Ordinance, Minutes and Attendance of the


Barangay Assembly

IV. Recommendations: (resolution)

A resolution suspending the implementation of Barangay Ordinance No. 1 Series


of 2019 of Barangay Biabas, Ubay, Bohol.

The said ordinance violates Republic Act No. 9501 "AN ACT TO PROMOTE
ENTRENEURSHIP BY STRENGTHENING DEVELOPMENT AND ASSISTANCE
PROGRAMS TO MICRO, SMALL, AND MEDIUM SCALE ENTERPRISE,
AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 6977, AS AMENDED,
OTHERWISE KNOWN AS THE "MAGNA CARTA FOR SMALL ENTERPRISE"
AND FOR OTHER PURPOSES";

The barangay ordinance likewise deprives the constituents of their right to Social
Enterprise that would have helped ensuring poverty reduction and improving social
well-being;

Republic Act No. 8749 or the Philippine Clean Air Act of 1999 does not include the
odor brought about by foul smell of fish/meat, hence prohibition of Section I of
Barangay Ordinance No. 1 Series of 2019 does not have any legal basis;

Section III is found to be excessive as the Local Government Code only allows a
maximum of 1,500-peso penalty for barangay level;

To return the said measure to the Sangguniang Barangay of Biabas and a request
for the immediate suspension of its implementation.
Whereas, as mandated in RA 7160 also known as the Local Government Code of
the Philippines, Article III, Section 447 (a)(5)(xiii), the Sangguniang Bayan shall
approve resolutions and ordinances which shall ensure the efficient and effective
delivery of the basic services;

Whereas, Barangay Biabas has submitted to the Sangguniang Bayan of Ubay for
review of Barangay Ordinance No. 1 Series of 2019;

Whereas, the Committee on Rules laws and Ordinances recommends for the
immediate suspension of Barangay Ordinance No. 1 Series of 2019 of Barangay
Biabas as it does not conform to the formal and substantial requirement of the law;

WHEREFORE RESOLVED, as it is hereby resolved, to return the said measure


to Barangay Biabas, Ubay Bohol.

V. NAMES AND SIGNATURE OF CONCURRING MEMBERS:

Hon. CLARITA V. ALESNA Hon. EFREN S. TANJAY


Vice Chairman Member

Hon. MAXIMO O. BOYLES JR. Hon. CONSTANCIO V. ATUEL


Member Member

Hon. JOAN ABAD - BALDUMAN


Chairman

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