NF Committee Report Biabas Ordinance #1 S2019
NF Committee Report Biabas Ordinance #1 S2019
NF Committee Report Biabas Ordinance #1 S2019
Province of Bohol
MUNICIPALITY OF UBAY
COMMITTEE REPORT
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.
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;