AGENDA OF THE 113th REGULAR SESSION SANGGUNIANG PANLALAWIGAN Province of Leyte November 19, 2024

AGENDA OF THE 113th REGULAR SESSION
SANGGUNIANG PANLALAWIGAN
Province of Leyte
November 19 at 10:00 A.M.
Leyte Provincial Government Complex, Palo, Leyte

I. Invocation – Hon. Raissa J. Villasin
II. Philippine National Anthem
III. Panunumpa ng Katapatan sa Watawat ng Pilipinas
IV. Leyte Hymn
V. PBMLP Hymn
VI. PBMLP Creed
VII. Roll Call
VIII. Consideration of Minutes of the Previous Meeting: November 13, 2024
IX . Committee Reports:
X. First Reading and Reference of Business  

Proposed Provincial Ordinance No. 2024-___

“An Ordinance Declaring Living Leyteño World War II Veterans as Living Treasures and Symbols of Courage, Bravery, and Sacrifice, and Grant Benefits and Special Privileges, and for other Purposes.”

                   Author: Hon. Ma. Martina L. Gimenez

UNFINISHED BUSINESS: (November 13, 2024)

ITEM NO. 

14.           Presented for consideration is the letter dated October 10, 2024 from the Provincial Governor Carlos Jericho L. Petilla submitting the proposed Executive Annual Budget FY 2025 of the Provincial Government of Leyte in the total amount of Php4,045,000,000.00.

15.           Presented for consideration is the letter dated October 24, 2024 from Provincial Governor Carlos Jericho L. Petilla forwarding the General Fund Supplemental Budget No. 5 CY 2024 of the Provincial Government of Leyte in the amount of Php46,620,475.00.

BUSINESS OF THE DAY

ITEM NO.                       SUBJECT

01.           Presented for consideration is Ordinance No. 477 of Babatngon, Leyte entitled: “AN ORDINANCE RECLASSIFYING LOT NO. 893-A-1-A MEASURING 1.0 HECTARE, A PORTION OF LOT NO. 893-A-1,PSD-08-040242-D WITH TAX DECLARATION NO. 2008-04003-00641 OWNED BY HOMER S. UY, LOCATED AT BRGY. DISTRICT III, BABATNGON, LEYTE FROM AGRICULTURAL LAND TO COMMERCIAL LAND IN CLASSIFICATION.” The Provincial Legal Office per 2^nd indorsement dated October 21, 2024 commented that the power of the LGU’s to reclassify agricultural lands to non-agricultural land use is without prejudice to the authority of the DAR to approve conversion of agricultural lands covered by R.A. No. 6657.

02.           Presented for consideration is Resolution No. 2024-312 of Tanauan, Leyte entitled: “A RESOLUTION RESPECTFULLY SEEKING LEGAL OPINION OF THE PROVINCIAL LEGAL OFFICE, PROVINCE OF LEYTE, REGARDING BRGY. RESOLUTION NO. 30 SERIES OF 2024, OF BRGY. GUINDAG-AN, TANAUAN, LEYTE.” The Provincial Legal Office per 2^nd indorsement dated October 21, 2024 is of the opinion that the subject Resolution is generally in accordance with the Local Government Code , hence, the office opines that the Local Chief Executive, together with the Sanggunian concerned, may regulate the use of public and local roads, provided that its maintenance is sourced from local funds.

03.           Presented for consideration is Municipal Ordinance No. 21-01 series 2021 of Burauen, Leyte entitled: “AN ORDINANCE RECLASSIFYING LOT NO. 1241 OF THE BURAUEN CADASTRE SITUATED AT BRGY. BALORINAY, BURAUEN, LEYTE, COVERED BY DECREE NO. 588866, UNDER TAX DECLARATION NO. 08-0015-00057, CONTAINING AN AREA OF 14,606 SQUARE METERS, MORE OR LESS; AND LOT NO. 1242 OF THE CADASTRAL SURVEY OF BURAUEN, COVERED UNDER OCT NO. N-1474, CONTAINING AN AREA OF 10,020 SQUARE METERS, MORE OR LESS, LOCATED AT BRGY. BALORINAY, BURAUEN, LEYTE, FROM AGRICULTURAL TO COMMERCIAL/RESIDENTIAL LOTS, IN CONFORMITY WITH RA 6657, OTHERWISE KNOWN AS THE COMPREHENSIVE AGRARIAN REFORM LAW.” The Provincial Legal Office per 2^nd indorsement dated October 21, 2024 is of the opinion that the power of the LGUs to reclassify agricultural lands is without prejudice to the authority of the DAR to approve conversion of agricultural lands covered by RA No. 6657 to non agricultural land uses and has been validly recognized by Sec. 20 of RA No. 7160. Furthermore, review of said Ordinance is recommended with emphasis on the required conversion of land use based on DAR AO no.03 s. of 2021 as amended by DAR AO no. 03-A, series of 2021.

04.           Presented for consideration is Ordinance No. 2024-08 of Dagami, Leyte entitled: “AN ORDINANCE CREATING THE DAGAMI AIDS COUNCIL AND PROVIDING FOR ITS POWERS AND FUNCTIONS, SUBJECT TO ALL LAWS AND EXISTING LEGAL RULES AND REGULATIONS”; same is recommended for the declaration of its VALIDITY by the Provincial Legal Office per 2^nd indorsement dated October 25, 2024.

05.           Presented for consideration is Municipal Ordinance No. 8 series 2024 of La Paz, Leyte entitled: “AN ORDINANCE DECLARING VIAJEDORES FESTIVAL AS THE OFFICIAL FESTIVAL OF THE MUNICIPALITY OF LA PAZ, LEYTE AND PROVIDING FUNDS THEREOF”; same is recommended for the declaration of its VALIDITY by the Provincial Legal Office per 2^nd indorsement dated November 4, 2024.

06.           Presented for consideration is Ordinance No. 18 series of 2024 of Capoocan, Leyte entitled: “AN ORDINANCE CREATING THE CAPOOCAN MUNICIPAL TRAFFIC MANAGEMENT AND DEVELOPMENT AUTHORITY AND ITS COMPONENT UNITS AND PROVIDING FUNDS THEREOF”; same is recommended for the declaration of its VALIDITY by the Provincial Legal Office per 2^nd indorsement dated November 4, 2024.

07.           Presented for consideration is Municipal Ordinance No. 03 series of 2024 of Tabontabon, Leyte entitled: “AN ORDINANCE TO ABOLISH THE PLANTILLA ITEM WITH THE POSITION TITLE, REVENUE COLLECTION CLERK II (RCC II), UNDER THE MUNICIPAL TREASURER’S OFFICE OF THIS MUNICIPALITY.”; same is recommended for the declaration of its VALIDITY by the Provincial Legal Office per 2^nd indorsement dated October 21, 2024.

08.           Presented for consideration is Municipal Ordinance No. 04 series of 2024 of Tabontabon, Leyte entitled: “AN ORDINANCE CREATING THE ITEMS OF TWO (2) ADMINISTRATIVE AIDE I, (SG 1) UNDER THE MUNICIPAL TREASURER’S OFFICE, THIS MUNICIPALITY.”; same is recommended for the declaration of its VALIDITY by the Provincial Legal Office per 2^nd indorsement dated October 21, 2024.

09.           Presented for consideration is Municipal Ordinance No. 01 series of 2024 of MacArthur, Leyte entitled: “AN ORDINANCE AMENDING SECTION 7 OF THE MUNICIPAL ORDINANCE NO. 24 SERIES OF 2023 ENTITLED AN ORDINANCE AUTHORIZING THE CONFERMENT OF EXEMPLARY PUBLIC SERVICE AWARD (EPSA) TO ELECTIVE BARANGAY OFFICIALS OF THE MUNICIPALITY OF MACARTHUR, PROVINCE OF LEYTE WHO HAVE BEEN ELECTED FOR THREE (3) CONSECUTIVE TERMS IN THE SAME POSITION.”; same is recommended for further review by the Provincial Legal Office per 2^nd indorsement dated September 30, 2024 since the office is of the opinion that the amendment proposed in the subject ordinance still runs contrary to Sec. 335 of R.A. 7160.

10.           Presented for consideration is Municipal Ordinance No. 02 series of 2024 of MacArthur, Leyte entitled : “AN ORDINANCE CREATING THE MUNICIPAL AGRICULTURAL AND FISHERY COUNCIL (MAFC) OF THE MUNICIPALITY OF MACARTHUR DEFINING ITS COMPOSITION, DUTIES AND FUNCTIONS.”; same is recommended for the declaration of its VALIDITY by the Provincial Legal Office per 2^nd indorsement dated October 21, 2024.

11.           Presented for consideration is Municipal Ordinance No. 30 series of 2024 of Jaro, Leyte entitled: “AN ORDINANCE MANDATING ALL BUSINESS OPERATING WITHIN THE TERRITORIAL JURISDICTION OF JARO, LEYTE ENGAGED IN THE MANUFACTURING, SELLING OR DISTRIBUTION OF PNP UNIFORMS, INSIGNIAS AND OTHER ACCOUTREMENTS TO SECURE PNP CERTIFICATE OF CONFORMITY AND PRESCRIBING PENALTIES FOR VIOLATIONS THEREOF ALSO KNOWN AS “THE PNP CERTIFICATE OF CONFORMITY ORDINANCE.”; same is recommended for the declaration of its VALIDITY by the Provincial Legal Office per 2^nd indorsement dated October 21, 2024.

12.           Presented for consideration is a request for Accreditation of International Care Ministries Foundation, Inc. of Brgy. 83, Tacloban City with the Provincial Government of Leyte as a non government organization.

13.           Presented for consideration is is a copy of Complainant’s Preliminary Conference Brief relative to Administrative Case for Grave Misconduct and Neglect of Duty filed by Complainant Marvin T. Marticio against Respondent Hon. Angel Aras Sia, Jr.

14.           Presented for consideration is General Fund Supplemental Budget  No. 3 FY 2024 of Leyte, Leyte  in the amount of Php3,515,064.00 under Appropriation Ordinance No. 003-24; same is recommended for Approval with Conditions by the Local Finance Committee per review letter dated November 11, 2024.

15.           Presented for consideration is General Fund Supplemental Budget 03 FY 2024 of Kananga, Leyte in the amount of Php35,276,971.00 under Appropriation Ordinance No. 23L.24-062; same is recommended for Approval with Conditions by the Local Finance Committee per review letter dated November 5, 2024, together with the Supplemental Investment Program  No. 03  CY 2024  in the amount of Php34,250,000.00.

16.           Presented for consideration is General Fund Supplemental Budget  No. 4 CY 2024 of Palompon, Leyte in the amount of Php5,032,633.33 under Appropriation Ordinance No. 494-300924; same is recommended for Approval with Conditions by the Local Finance Committee per review letter dated November 4, 2024, together with the Supplemental  Annual Investment Program  No. 4 (S-AIP)  for FY 2024 of the same amount.

17.           Presented for consideration is General Fund Supplemental Budget  No. 02 FY 2024 of Javier, Leyte in the amount of Php367,029.31 under Appropriation Ordinance No. 2024-13; same is recommended for Approval with Conditions by the Local Finance Committee per review letter dated November 5, 2024.

18.           Presented for consideration is General Fund Supplemental Budget  No. 2 CY 2024 of the City of Baybay, Leyte in the amount of Php20,700,442.79 under Appropriation Ordinance No. 2 S. 2024; same is recommended for Approval with Conditions by the Local Finance Committee per review letter dated November 5, 2024, together with  Supplemental   Investment Program   (SIP)   CY 2024 of the same amount.

19.           Presented for consideration is General Fund Supplemental Budget  No. 2 CY 2024 of Hilongos, Leyte in the amount of Php17,262,503.81 under Appropriation Ordinance No. 2024-14; same is recommended for Approval with Conditions by the Local Finance Committee per review letter dated November 11, 2024, together with  Supplemental   Investment Program (SIP)  No. 02 CY 2024 in the amount of Php18,400,000.00.

20.            Presented for consideration is a 2^nd Indorsement dated November 15, 2024 from the Provincial Legal Office in compliance to SP Resolution No. 2024-438 dated October 8, 2024 relative to the Proposed Provincial Ordinance No. 20230 series of 2023 which seeks to regulate the use of the provincial roads within the territorial jurisdiction of the Province of Leyte. The Legal Office rendered its opinion that the main issue pertains to the supposed validity or constitutionality of the subject proposed ordinance and that the SP under Sec. 468 of RA 7160 is empowered to  enact and approve ordinances and resolutions for an effective provincial government. Furthermore, as to the opposition regarding the excessive penalties in the proposed ordinance, the legal office is of the opinion that said penalty is not within the term “penalty’ contemplated under Sec.133 (e) of RA  7160. The Legal Office further opined that the subject ordinance has still to go through the procedural process for its enactment pursuant to RA 7160.

ATTY. CARLO P. LORETO
Floor Leader

Approved by:

HON. LEONARDO M. JAVIER, JR.
Vice Governor/Presiding Officer