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Agenda of the 46th Regular Session Sangguniang Panlalawigan July 31, 2017

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  • July 29, 2017

AGENDA OF THE 46TH REGULAR SESSION
SANGGUNIANG PANLALAWIGAN
JULY 31, 2017 AT 2:00 P.M.
LEGISLATIVE BUILDING, CAPITOL GROUNDS
PROVINCE OF LEYTE

 

I. Invocation
II. Philippine National Anthem
III. Panunumpa Sa Watawat
IV. Leyte Hymn
V. PBMLP Hymn
VI. PBMLP Creed
VII. Roll Call
VIII. Consideration of Minutes of the Previous Meeting :
IX. First Reading and Reference of Business :
X. Committee Report/s: 
XI. Calendar of Business

A.UNFINISHED BUSINESS
B.BUSINESS OF THE DAY

 

ITEM NO.                                                              SUBJECT                                                                         

01              Presented for consideration is Ordinance No. 032-17 of the Municipality of Leyte, entitled, “AN ORDINANCE AMENDING PARAGRAPH A, B, & C OF SECTION 7.1 OF THE MUNICIPAL ORDINANCE NO. 029-17 “PROHIBITING THE SALE AND USE OF HARMFUL FIRECRACKERS OR PYROTECHNIC DEVICES WITHIN THE TERRITORIAL JURISDICTION OF THE MUNICIPALITY OF LEYTE,” this is in COMPLIANCE to SP Resolution No. 2017-372dated June 20, 2017.            

02              Presented for consideration is a letter dated June 22, 2017 of Engr. CRISTELO S. LORETO, General Manager, Baybay City Water District, requesting for financial assistance for the construction of one (1) unit reservoir with a capacity of 400 cubic meters in the amount of more or less P9.6 million.                        

03              Presented for consideration is Ordinance No. 12 s. 2017 of the Municipality of Jaro, Leyte, entitled, “THE REVISED PUBLIC MARKET CODE OF 2017 FOR THE MUNICIPALITY OF JARO,” BY INCREASING AND INCLUSION OF SOME FEES AND CHARGES AND PENALIZING VIOLATION HEREOF,” recommended for the declaration of its VALIDITY by the Provincial Legal Office in its 2nd Indorsement dated July 14, 2017 pursuant to Section 56 (c) of R.A. 7160 of the Code.

04                          Presented for consideration is Ordinance No. 03 – 2017 of the Municipality of Alangalang, Leyte, entitled, “AN ORDINANCE REGULATING THE SALE AND USE OF FIRECRACKERS, FIREWORKS, AND ANY OTHER PYROTECHNIC DEVICES IN THE MUNICIPALITY OF ALANGALANG, LEYTE AND PROVIDING PENALTIES THEREOF,” recommended for the declaration of its VALIDITY by the Provincial Legal Office in its 2nd Indorsement dated July 13, 2017 pursuant to Section 56 (c) of R.A. 7160 of the Code.                                     

05                          Presented for consideration is Ordinance No. 2017-01 of the Municipality of Calubian, Leyte, entitled, “AN ORDINANCE REGULATING THE SALE AND USE OF FIRECRACKERS, FIREWORKS AND ANY OTHER PYROTECHNIC DEVICES IN THE MUNICIPALITY OF CALUBIAN, LEYTE, AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF,” recommended for the declaration of its VALIDITY by the Provincial Legal Office in its 2nd Indorsement dated July 14, 2017 pursuant to Section 56 (c) of R.A. 7160 of the Code.                                               

06                          Presented for consideration is Ordinance No. 2017-03 of the Municipality of Calubian, Leyte, entitled, “AN ORDINANCE ADOPTING THE 2017 MATERNAL & CHILD HEALTH CARE CODE OF CALUBIAN, LEYTE AND FOR OTHER PURPOSES,” recommended for the declaration of its VALIDITY by the Provincial Legal Office in its 2nd Indorsement dated July 14, 2017 pursuant to Section 56 (c) of R.A. 7160 of the Code.                            

07                          Presented for consideration is an UPDATE ON THE POWER SITUATION IN REGION VIII from Engr. JUANITO JORDA, JR. General Manager, LEYECO V Ormoc City, enclosed with resolutions to wit:          

  1. No. 001-07-2017 – “RESOLUTION TO DECLARE REGION VIII ELECTRIC COOPERATIVE (ECs) UNDER A STATE OF EMERGENCY DUE TO POWER SITUATION WHICH WAS BROUGH ABOUT BY THE 6.5 MAGNITUDE EARTHQUAKE WHICH KNOCKED OUT GENERATION AND TRANSMISSION FACILITATIES IN ORMOC CITY JULY 6, 2017 AT 4:03 P.M.”
  2. No. 002-07-2017 – “RESOLUTION TO PROCURE ALTERNATE POWER SOURCE OR ANCILLARY SERVICES FROM WHATEVER SOURCE AVAILABLE SUBJECT TO EMERGENCY CAPITAL EXPENDITURES FOR APPLICATION WITH THE ENERGY REGULATORY COMMISSION.”
  3. No. 003-07-2017 – “RESOLUTION REQUESTING NATIONAL GRID CORPORATION OF THE PHILIPPINES (NGCP) TO FAST TRACK THE DEPLOYMENT OF POWER BARGES AS PART OF ITS OBLIGATION TO PROVIDE ANCILLARY SERVICES TO ITS TRASITION SUPPLY CUSTOMERS IN REGION VIII.”
  4. No. 004-07-2017 – “RESOLUTION REQUESTING THE ENERGY REGULATORY COMMISSION (ERC) TO CONDUCT THROUGH THE GRID MANAGEMENT COMMITTEE (GMC) A SYSTEM AUDIT OF NATIONAL GRID CORPORATION OF THE PHILIPPINES (NGCPs) SYSTEM FACILITIES.”

08                    Presented for consideration is a letter dated July 5, 2017 of Engr. Juanito E. Jorda, Jr. General Manager LEYECO V relative to the Application for Approval of the Power Supply Agreement (PSA) Between the Leyte V Electric Cooperative, Inc. and San Miguel Energy Corporation With Prayer for the Issuance of Provisional Authority,with copies of the Order and Notice of  Public Hearing dated May 23, 2017 docketed as ERC Case No. 2017-001 RC, and further requests for a Certificate of Posting signed by the Provincial Vice Governor or any duly authorized representative and bearing the seal of the office.       

09                    Presented for consideration is a letter dated July 16, 2017 of Mr. Allan L. Laniba, MPA, MM, General Manager LEYECO III relative to the Application for Approval of Business Separation and Unbundling Plan (BSUP) Pursuant to Section 36 Republic Act 9136 and Rule 10 of its Implementing Rules and Regulations, with copies of the Order and Notice of Public Hearing dated June 28, 2017 docketed as ERC Case No. 2016-027 MC, and further requests for a Certificate of Posting signed by the Provincial Vice Governor or any duly authorized representative and bearing the official seal of the office.

10             Presented for consideration is a NOTICE OF HEARINGfrom the National Telecommunications Commission, Quezon City for the application ofBaycomms Broadcasting Corporation docketed as BMC Case No. 2017-145, to be heard on July 17, 2017 (Monday) at 10:00 A.M. at the Legal Branch, 3rd Floor, NTC Building, BIR Road, East Triangle, Diliman, Quezon City, and requests for the issuance of a Certificate of Public Convenience(CPC) from NTC, to install, operate and maintain DIGITAL TERRESTRIAL TELEVISION BROADCAST (DTTB) Station in Tacloban City.                   

11             Presented for consideration is the General Fund Supplemental Budget No. 02 CY 2017 of the Municipality of Burauen, Leyte, duly enacted  by the SB through Appropriation Ordinance No. 17 – 08 Series of 2017, in the amount of P22,371,996.00, recommended for APPROVAL by the Local Finance Committee, subject to the conditions contained in its review letter dated July 28, 2017, together with their Supplemental Annual Investment Program No. 2 in the amount of P30,853,569.91.

 12             Presented for consideration is the General Fund Annual Budget of the Municipality of San Miguel, Leyte, duly enacted by the SB through Appropriation Ordinance No. 2016-04, in the amount of P81,042,273.00, recommended for its APPROVAL by the Local Finance Committee, subject to the conditions contained in its review letter dated July 14, 2017, together with their Annual Investment Program (AIP) CY 2017 in the amount of P81,042,273.00.

 13             Presented for consideration is Resolution No. 2017-142 of the Municipality of San Isidro, Leyte  submitting the Attendance Sheet and other documents of the Public Hearing relative to Municipal Ordinance No. 83 Series of 2017, entitled, “AN ORDINANCE REQUIRING ALL COMMERCIAL AND SERVICE ESTABLISHMENTS WHETHER PRIVATE OR PUBLIC OPERATING IN SAN ISIDRO, LEYTE, TO INSTALL CLOSE CIRCUIT TELEVISION (CCTV) CAMERAS, OR VIDEO MONITORING DEVICES, OR SIMILAR EQUIPMENTS WITHIN THEIR PREMISES, AND PROVIDING PENALTIES FOR VIOLATION THEREOF,”in compliance to SP Resolution No. 2017-355 dated June 13, 2017 dated June 13, 2017, approving said ordinance but subject to submission of the aforementioned documents.

 14              Presented for consideration is the General Fund Supplemental Budget No. 03 CY 2017 of the Municipality of Isabel, Leyte duly enacted by the SB through Appropriation Ordinance No. 04, Series 2017 in the amount of P10,940,220.44, recommended for APPROVAL by the Local Finance Committee subject to the conditions contained    in its review letter dated July 20, 2017, together with Resolution No. 17-17-081, amending the AIP CY 2017 in view of priority supervening expenditure of the Local Government of Isabel, Leyte.

15                    Presented for consideration is Ordinance No. 03, Series 2017 of the Municipality of MacArthur, Leyte, entitled, “AN ORDINANCE ESTABLISHING THE MUNICIPAL TRAFFIC CODE OF MACARTHUR, LEYTE,” recommended for the declaration of its VALIDITY by the Provincial Legal Office in its 2nd Indorsement dated July 19, 2017 pursuant to Section 56 (c) of R.A. 7160, EXCEPT on Section 32, paragraph 4 of the subject Ordinance which is CONTRARY to the authority under Section 447 (l) of the Code.  

16                    Presented for consideration is Ordinance No. 04, Series 2017 of the Municipality of MacArthur, Leyte, entitled, “CHILDREN’S WELFARE CODE OF 2017,” recommended for the declaration of its VALIDITY by the Provincial Legal Office in its 2nd Indorsement dated July 19, 2017 pursuant to Section 56 (c) of R.A. 7160, PROVIDED that Article II Section 54 (2) “Community Service of 10 to 15 days” of the said ordinance, does violate the Constitutional Prohibition against “INVOLUNTARY SERVITUDE.”            

17                    Presented for consideration is Ordinance No. 05, Series 2017 of the Municipality of MacArthur, Leyte, entitled, “AN ORDINANCE PRESCRIBING THE GUIDELINES ON THE IMPLEMENTATION OF PRE-EMPTIVE OR FORCED EVACUATION IN MACARTHUR, LEYTE AS AN URGENT RESPONSE WHEN A DISASTER OR EMERGENCY IS ABOUT TO OCCUR OR HAVE OCCURRED AND DANGER OR LOSS OF LIVES AND PROPERTIES BECOMES IMMINENT,” recommended for the declaration of its VALIDITY by the Provincial Legal Office in its 2nd Indorsement dated July 19, 2017 pursuant to Section 56 (c) of R.A. 7160 of the Code.

18.                   Presented for consideration is Ordinance No. 06, Series 2017 of the Municipality of MacArthur, Leyte, entitled, “GENDER AND DEVELOPMENT (GAD) CODE OF MACARTHUR, LEYTE,” recommended for the declaration of its VALIDITY by the Provincial Legal Office in its 2nd Indorsement dated July 19, 2017 pursuant to Section 56 (c) of R.A. 7160 of the Code.

19                    Presented for consideration is Ordinance No. 07, Series 2017 of the Municipality of MacArthur, Leyte, entitled, “AN ORDINANCE ADOPTING R.A. 9165 OTHERWISE KNOWN AS “COMPREHENSIVE DANGEROUS DRUGS ACT OF 2017 AND CREATING THE MACARTHUR DANGEROUS DRUGS BOARD (MDDB) AND APPROPRIATING FUNDS THEREOF IN THE MUNICIPALITY OF MACARTHUR, LEYTE,” recommended for the declaration of its VALIDITY by the Provincial Legal Office in its 2nd Indorsement dated July 19, 2017.             

20                    Presented for consideration is Ordinance No. 08, Series 2017 of the Municipality of MacArthur, Leyte, entitled, “AN ORDINANCE COMPELLING EVERY BARANGAY OF THE MUNICIPALITY OF MACARTHUR, LEYTE, THE ESTABLISHIMENT OF VIOLENCE AGAINST WOMEN (VAW) DESK AND PROTOCOL IN HANDLING VAW CASES AT BARANGAY LEVEL,” recommended for the declaration of its VALIDITY by the Provincial Legal Office in its 2nd Indorsement dated July 19, 2017 pursuant to Section 56 (c) of R.A. 7160 of the Code.  

21                    Presented for consideration is Ordinance No. 09, Series 2017 of the Municipality of MacArthur, Leyte, entitled, “MUNICIPAL TOURISM CODE OF MACARTHUR, LEYTE,” recommended for the declaration of its VALIDITY by the Provincial Legal Office in its 2nd Indorsement dated July 19, 2017 pursuant to Section 56 (c) of R.A. 7160 of the Code.                    

22                    Presented for consideration is Ordinance No. 10, Series 2017 of the Municipality of MacArthur, Leyte, entitled, “AN ORDINANCE ESTABLISHING AN INSTITUTIONAL MECHANISM TO CURB THE ILLEGAL ACTIVITIES OF PROFESSIONAL SQUATTING SYNDICATES AND SQUATTERS, PENALIZING SQUATTING AND OTHER SIMILAR ACTS,” recommended for the declaration of its VALIDITY by the Provincial Legal Office in its 2nd Indorsement dated July 19, 2017 pursuant to Section 56 (c) of R.A. 7160 of the Code.                      

23                    Presented for consideration is Ordinance No. 11, Series of 2017 of the Municipality of MacArthur, Leyte, entitled, “AN ORDINANCE REGULATING THE SALE, DISTRIBUTION, POSSESSION AND USE OF FIRECRACKERS, PYROTECHNIC DEVICES AND OTHER SIMILAR EXPLOSIVES WITHIN THE TERRITORIAL JURISDICTION OF MACARTHUR, LEYTE,” recommended for the declaration of its VALIDITY by the Provincial Legal Office in its 2nd Indorsement dated July 19, 2017 pursuant to Section 56 (c) of R.A. 7160 of the Code.                          

24                    Presented for consideration is Ordinance No. 13, Series 2017 of the Municipality of Jaro, Leyte, entitled, “AN ORDINANCE CREATING, ESTABLISHING, DEVELOPING THE LOCAL ECONOMIC ENTERPRISE TO ENHANCE THE INCOME OF THE MUNICIPALITY WHICH SHALL BE PRESENTED SEPARATELY UNDER THE GENERAL FUND ANNUAL BUDGET OF THE LOCAL GOVERNMENT UNIT OF JARO, LEYTE,” recommended for the declaration of its VALIDITY by the Provincial Legal Office in its 2nd Indorsement dated July 19, 2017 pursuant to Section 56 (c) of R.A. 7160 of the Code.                      

25                    Presented for consideration is Ordinance No. 14, Series 2017 of the Municipality of Jaro, Leyte, entitled, “AN ORDINANCE REGULATING THE MANUFACTURE, SALE, DISTRIBUTION, POSSESSION OR USE OF FIRECRACKERS OR OTHER PYROTECHNIC DEVICES AND SUCH OTHR SIMILAR DEVICES AND THE EXPLODING OF FIRECRACKERS AND OTHER EXPLOSIVE WITHIN THE TERRITORIAL JURISDICTION OF THE MUNICIPALITY OF JARO IN ORDER TO PRESERVE PUBLIC ORDER AND SAFETY, PEACE AND INTERNAL SECURITY, PROVIDING PENALTIES FOR VIOLATION THEREOF AND FOR OTHER PURPOSES,” recommended for the declaration of its VALIDITY by the Provincial Legal Office in its 2nd Indorsement dated July 19, 2017 pursuant to Section 56 (c) of R.A. 7160 of the Code.

26              Presented for consideration is Ordinance No. 415-220517 of the Municipality of Palompon, Leyte, entitled, “AN ORDINANCE IMPLEMENTING FORCED EVACUATION AS A RESORT WHEN DISASTER OR EMERGENCY HAS BEEN DECLARED IN THE MUNICIPALITY AND DANGER OF LOSS OF LIVES BECOMES IMMINENT, PROVIDING PENALTIES THEREFOR AND FOR OTHER PURPSOES,” recommended for the declaration of its VALIDITY by the Provincial Legal Office in its 2nd Indorsement dated July 19, 2017 pursuant to Section 56 (c) of R.A. 7160 of the Code.

27                    Presented for consideration is the General Fund Supplemental Budget No. 01 CY 2017 of the Municipality of Albuera, Leyte, duly enacted by the SB through Appropriation Ordinance No. 3 Series 2017 in the amount of P36,537,649.48, recommended for APPROVAL by the Local Finance Committee subject to the conditions contained in its review letter dated July 21, 2017, together with their CY 2017 First Supplemental Annual Investment Program (AIP) in the amount of P36,537,649.48.

28             Presented for consideration is the General Fund Annual Budget CY 2017 of the Municipality of Julita, Leyte duly enacted by the SB through Appropriation Ordinance No. 2017-02 in the amount of P63,806,650.00, recommended for APPROVAL by the Local Finance Committee subject to the conditions contained in its review letter dated July 20, 2017, together with their Annual Investment Program (AIP) CY 2017 in the amount of P361,894,814.64. 

29            Presented for consideration is a request for ACCREDITATION of VICTORY FARMERS ASSOCIATION (VICFA) of Brgy. Victory, Dulag, Leyte, as a Non-Government Organization of the Province of Leyte.

30                    Presented for consideration is Ordinance No. 2017-03 of the Municipality of Dagami, Leyte, entitled, “AN ORDINANCE CREATING THE MUNICIPAL DISASTER RISK REDUCTION MANAGEMENT DIVISION UNDER THE OFFICE OF THE MUNICIPAL MAYOR AND THE POSITIONS UNDER SAID OFFICE, DETERMINING THEIR POWERS, DUTIES AND FUNCTIONS WITH A SALARY GRADE 24 ITEM NO. 128,” recommended for the declaration of its VALIDITY by the Provincial Legal Office in its 2nd Indorsement dated July 19, 2017.

31                    Presented for consideration is the General Fund Annual Budget of the Municipality of Calubian, Leyte, duly enacted by the SB through Appropriation Ordinance No. 04 c.s. 2016 in the amount of P89,893,595.90, recommended for APPROVAL by the Local Finance Committee in its review letter dated July 24, 2017, together with their Annual Investment Program (AIP) CY 2017 in the amount of P201,219,416.50.

32                    Presented for consideration is the General Fund Supplemental Budget No. 01 CY 2017 of the Municipality of Tabontabon, Leyte,duly enacted by the SB through Appropriation Ordinance No. 002 CY 2017 in the amount ofP1,041,752.00, recommended for APPROVAL by the Local Finance Committee in its review letter dated July 24, 2017.

33                    Presented for consideration is a letter dated July 27, 2017 of the Ms. BRENDA FLORES-AMPOLITOD, General Manager, LEYECO IV Electric Cooperative, Inc. relative to ERC Case No. 2016-159 RC, LEYECO IV Electric Cooperative, Inc’s (LEYECO IV) Application for Confirmation and Approval of Force Majeure Event Capital Expenditure Project, Re: Repair, Restoration, Replacement and/or Rehabilitation of Distribution Lines, Facilities and Accessories Damaged by TyphoonYolanda, further requests that said Order and Notice of Public Hearing be posted at the SP Bulletin Board, and a Certification bearing the Dry Seal of the Office be issued as proof of posting.

 34            Presented for consideration is an indorsementdated July 24, 2017 of Mr. GERARDO A. AVORQUE, ICO – Provincial Treasurer, Province of Leyte, relative to the Statement of Accounts (Proposed & Outstanding) of the LKY Property Holdings, Inc. for the period April 10, 2010 to July 10, 2017, in compliance to SP Resolution No. 2017-383 dated June 20, 2017.

 35            Presented for consideration is a letter dated July 24, 2017 of Ms. CORAZON M. ALVERO, PPDO Coordinator, PLUC Chairperson, relative to Resolution No. 2017-05 Series 2017 of the Municipality of Alangalang, Leyte, endorsing the 2016-2015 CLUP and ZO for approval/appropriate action subject to compliance on the comments and recommendations of the PLUC by the Municipal Technical Group for CLUP preparation.

36                    Presented for consideration is Resolution No. 00499-2017 of the Province of Albay, entitled, “AUTHORIZING HONORABLE AL FRANCIS C. BICHARA, GOVERNOR, PROVINCE OF ALBAY, TO EXTEND FINANCIAL ASSISTANCE TO THE PROVINCIAL GOVERNMENT OF LEYTE IN THE AMOUNT OF TWO HUNDRED THOUSAND PESOS (P200,000.00) INTENDED FOR THE EARTQUAKE VICTIMS IN THE PROVINCE OF LEYTE.

37                    Presented for consideration is Resolution No. 277-17 of the Province of Misamis Occidental, entitled, “A RESOLUTION IMPLORING PRESIDENT RODRIGO “DIGONG” R. DUTERTE TO PUT INTO EFFECT AN EXECUTIVE ORDER THAT WILL INCREASE THE LOCAL TRAVEL, ALLOWANCE FOR GOVERNMENT OFFICIALS AND PERSONNEL AS CONTAINED IN EXECUTIVE ORDER NO. 298 DATED MARCH 24, 2004.

          

 

Prepared by:
ATTY.  FLORANTE A. CAYUNDA, JR.
FLOOR LEADER

Approved by:

ATTY. CARLO P. LORETO
VICE GOVERNOR
PRESIDING OFFICER