Committee Report 850

Republic of the PhilippinesCITY OF DAVAO

Office of the City Council

COMMITTEE ON RULES, PRIVILEGES, LAWS AND ORDINANCES

Background

1. This pertains to Ordinance No. 001, Series of 2014 passed by the Barangay Council of Pampanga, Buhangin District, this City, entitled “Amending Tax Ordinance 002, Series of 1997, Increasing Fees for Issuance of Barangay Clearances, Lupon Certification and imposing Fees for All Cases Filed for Conciliations and Mediations.”

Highlights

2. Pertinent provisions of the said Ordinance are as follows;

SECTION 3. IMPOSITIONIt is hereby imposed to increase fee for issuance of “Barangay Clearances” “Lupon Clearances” “Certifications” and imposing fees for all cases filed for mediations and conciliations, in the amount prescribed hereunder;

Present Collection Proposed CollectionBARANGAY CLEARANCE (BUSINESS)

1 For the Purpose of Securing Mayor's Permita. Application for Mayor's PermitBusiness with more than P 50,000.00 Capital

10.00 100.00

Business with more than P 50,000.00 Capital

10.00 20.00

b. Renewal of Mayor's PermitBusiness with more than P 50,000.00 Capital

10.00 100.00


10.00 20.00

2 Lupon Tagapamayapa Clearance

For the Purpose of:

a. Job Requirement 10.00 20.00b. Securing Police Clearance, NBI, or Court Clearance

10.00 20.00

c. Passport or Visa Application 10.00 20.00d. Other Clearance Not Mentioned Above

10.00 20.00

1 | I t e m N o . 8 5 0 / C o m m i tt e e o n R u l e s , P r i v i l e g e s , L a w s A n d O r d i n a n c e s

COMMITTEE REPORT ON ITEM NO. 850ORDINANCE NO. 001, SERIES OF 2014 OF THE BARANGAY COUNCIL OF PAMPANGA, BUHANGIN DISTRICT, THIS CITY, ENTITLED “AMENDING TAX ORDINANCE 002, SERIES OF 1997, INCREASING FEES FOR THE ISSUANCE OF BARANGAY CLEARANCES, LUPON CLEARANCES, CERTIFICATIONS AND FEES FOR ALL CASES FILED FOR CONCILIATIONS AND MEDIATIONS.”

3 Certification

a. For Employment, Scholarship or Study Grant

xxx xxx

b. For purpose of Securing Police Clearance, NBI or Court Clearance

10.00 20.00

c. For Firearm Permit Application 10.00 20.00d. For Passport or Visa Application 10.00 20.00e. For Passport or Visa Renewal 10.00 20.00f. For Court Litigation & Other Judicial Proceedings

10.00 20.00

g. For Purposes Not Mentioned Above 10.00 20.00

4 Filing Fee for All Cases Filed for Mediation and Conciliation

10.00 20.00

3. The legal basis for the imposition of such fees and charges is pursuant to Section 152 (b) of Republic Act No. 7160 or otherwise known as the Local Government Code of 1991 which states that:

“Section 152. Scope of Taxing Powers – The barangays may levy taxes, fees and charges, as provided in this Article, which shall exclusively accrue to them:

(b) Service Fees or Charges – barangays may collect reasonable fees or charges for services rendered in connection with the regulation or the use of barangay-owned properties or service facilities such as palay, copra, or tobacco dryers;”

4. The said law provides no fixed rate for fees to be imposed by barangay on clearances but only states that the fees should be reasonable;

5. What is reasonable is said to be that which does not exceed the existing fees of the government (P25.00);

6. The purpose of this barangay for such imposition fees and charges is to raise additional funds for essential development and projects;

7. Ordinance No. 001, Series of 2014 is consistent with the law and the Committee finds no legal infirmities.

Recommendation

8. This Committee recommends that a resolution be passed approving Ordinance No. 001, Series of 2014 passed by the Barangay Council of Pampanga, Buhangin District, this City, entitled ““Amending Tax Ordinance 002, Series of 1997, Increasing Fees for Issuance of Barangay Clearances, Lupon Certification and Imposing Fees for All Cases Filed for Conciliations and Mediations.”

RESPECTFULLY SUBMITTED this _________ in the City of Davao, Philippines.

SIGNED BY THE SUB-COMMITTEE MEMBERS:


COMMITTEE ON RULES, PRIVILEGES, LAWS AND ORDINANCES

HON. BERNARD E. AL-AGChairperson

HON. BONIFACIO E. MILITAR HON. AL RYAN S. ALEJANDRE

Vice Chairperson Member

HON. KARLO S. BELLO HON. LEAH A. LIBRADO

Member Member

17th Legislative Body____ Regular SessionSeries of 2014

Republika ng PilipinasLUNGSOD NG DABAW


Sangguniang PanlungsodRESOLUTION NO. __________

Series of 2014

WHEREAS, the Sangguniang Barangay of Pampanga passed Ordinance No. 001, Series of 2014, entitled “Amending Tax Ordinance 002, Series of 1997, Increasing Fees for Issuance of Barangay Clearances, Lupon Certification and Imposing Fees for All Cases Filed for Conciliations and Mediations.”

WHEREAS, the pertinent provisions are as follows:SECTION 3. IMPOSITIONIt is hereby imposed to increase fee for issuance of “Barangay Clearances” “Lupon Clearances” “Certifications” and imposing fees for all cases filed for mediations and conciliations, in the amount prescribed hereunder;

Present Collection Proposed CollectionBARANGAY CLEARANCE (BUSINESS)

1 For the Purpose of Securing Mayor's Permita. Application for Mayor's PermitBusiness with more than P 50,000.00 Capital

10.00 100.00


10.00 20.00

b. Renewal of Mayor's PermitBusiness with more than P 50,000.00 Capital

10.00 100.00


10.00 20.00

2 Lupon Tagapamayapa Clearance

For the Purpose of:

a. Job Requirement 10.00 20.00b. Securing Police Clearance, NBI, or Court Clearance

10.00 20.00

c. Passport or Visa Application 10.00 20.00d. Other Clearance Not Mentioned Above

10.00 20.00

3 Certification

a. For Employment, Scholarship or Study Grant

xxx xxx

b. For purpose of Securing Police 10.00 20.00


A RESOLUTION BE PASSED APPROVING ORDINANCE NO. 001, SERIES OF 2014 PASSED BY THE BARANGAY COUNCIL OF PAMPANGA, BUHANGIN DISTRICT, THIS CITY, ENTITLED ““AMENDING TAX ORDINANCE 002, SERIES OF 1997, INCREASING FEES FOR ISSUANCE OF BARANGAY CLEARANCES, LUPON CERTIFICATION AND IMPOSING FEES FOR CONCILIATIONS AND MEDIATIONS.”

Clearance, NBI or Court Clearance

c. For Firearm Permit Application 10.00 20.00d. For Passport or Visa Application 10.00 20.00e. For Passport or Visa Renewal 10.00 20.00f. For Court Litigation & Other Judicial Proceedings

10.00 20.00

g. For Purposes Not Mentioned Above 10.00 20.00

4 Filing Fee for All Cases Filed for Mediation and Conciliation

10.00 20.00

WHEREAS, the legal basis for the imposition of such fees and charges is pursuant to Section 152 of Republic Act No. 7160 or otherwise known as the Local Government Code of 1991;WHEREAS, the said law provides no fixed rate for fees to be imposed by barangay on clearances but only states that the fees should be reasonable;WHEREAS, what is reasonable is said to be that which that does not exceed the existing fees of the city government (P25.00);WHEREAS, the purpose of this barangay for such imposition fees and charges is to raise additional funds for essential development and projects;WHEREAS, there is a need that the Barangay Ordinance of Barangay Council of Pampanga, Buhangin District, Davao City, to increase fees for issuance of barangay clearances, lupon certification and to impose fees for conciliations and mediations;NOW THEREFORE, be it resolved as it is hereby resolved to approve Ordinance No. 001, Series of 2014 passed by the Barangay Council of Pampanga, Buhangin District, this City, entitled “Amending Tax Ordinance 002, Series of 1997, Increasing Fees for Issuance of Barangay Clearances, Lupon Certification and Imposing Fees for All Cases Filed for Conciliation and Mediation.”

RESOLVED FURTHER, that copies of this Resolution be furnished to the Office of the Secretary to the Sangguniang Panlungsod, City Mayor’s Office, and all other offices/departments concerned, for their information and guidance.

Done this______________, Davao City, Philippines.

DR. BERNARD E. AL-AGFloor Leader, 17th CouncilSangguniang Panlungsod

Davao City


Committee Report 850

Documents

Transcript of Committee Report 850