Republic of the Philippines ClTY OF SANTA ROSA

Province· of Laguna

OFFICE OF THE SANGGUNIANG PANLUNGSOD

EXCERPT FROM THE MINUTES OF THE 8TH REGULAR SESSION OF SANGGUNIANG PANLUNGSOD OF CITY OF SANTA ROSA, LAGUNA HELD ON MONDAY, MARCH 7, 2016 AT THE SANGGUNIANG PANLUNGSOD SESSION HALL.

Absent:

Presents:

1. Hon. ARNEL DC. GOMEZ 2. Hon. MA. THERESA C. AALA 3. Hon. LUISITO B. ALGABRE 4. Hon. MYTHOR C. CENDANA 5. Hon. ERIC T. PUZON 6. Hon. PAULINO Y. CAMACLANG, JR. 7. Hon. PETRONIO C. FACTORIZA 8. Hon. LAUDEMER A. CARTA 9. Hon. EDWARD FERNANDITO S. TIONGCO 10. Hon. RODRIGO B. MALAPITAN

1. Hon. ANTONIA T. LASERNA 2. Hon. RAYMOND RYAN F. CARVAJAL

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- Vice-Mayor, Presiding Officer - SP Member - SP Member

SP Member SP Member SP Member SP Member SP Member SP Member SP Member, ABC President

- SP Member - SP Member

RESOLUTION NO. 62-2016 (Sponsored by the Committee on Laws and Government)

A RESOLUTION OVERRIDING THE VETO POWER OF THE LOCAL CHIEF EXECUTIVE, HON . ARLENE B. ARCILLAS ON THE MATTER PERTAINING TO THE ENACTMENT OF ORDINANCE NO. 2056-2015 - AN ORDINANCE MANDA TING ALL DEVELOPERS AND CONTRACTORS TO SECURE CLEARANCE FROM THE SANGGUNIANG PANLUNGSOD PRIOR TO ISSUANCE OF LOCATIONAL CLEARANCES AND BUILDING PERMITS FOR THE MID-RISE AND HIGH-RISE BUILDING PROJECTS AND THE SUBMISSION OF A VETO MESSAGE BY THE CITY MAYOR TO THE SANGGUNIANG PANLUNGSOD.

WHEREAS, the Sangguniang Panlungsod enacted Ordinance No. 2056-2015, dated December 15, 2015, Mandating all developers and contractors to secure clearance from the Sangguniang Panlungsod prior to issuance of Locational Clearances and Building Permits for Mid-rise and High-rise building projects;

WHEREAS, the enacted Ordinance was submitted to the Office of the City Mayor for her approval, however a Veto Message was sent to the Sangguniang Panlungsod, a copy of which is made and integra l part of this Resolution as ANNEX "D";

WHEREAS, the message stated that the reason for the act to veto the subject ordinance was on two grounds, " to wit, (1) for being ultra vires, and (2) for being prejudicial to the public welfare;

WHEREAS, the Committee on Laws through its chairman explained the herein Ordinance was enacted to prevent similar event wherein a 4-storey building was constructed along the Provincial Road of the Santa Rosa and the long-time subject of a complaint of the owner of an adjacent commercial structure which was not resolved; the same ordinance is a regulation for the continuing and anticipated developments in the city that will affect city landmarks and structures of historical heritage and impact on environment and therefore is not prejudicial to public welfare;

·'5/f City Govem[!lent Center, J.P. Rizal Blvd., City of Santa Rosa, Laguna - Te(. No. (049) 530-0015 Local 5100-51ol · \

.userbisyong Makatao, Lungsod na Makabago"

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Republic of the.Philippines ClTY OF SANTA ROSA

: Province· of Laguna

"

OFFICE OF THE SANGGUNIANG PANLUNGSOD

Page 2 - Resolution No. 62-2016

WHEREAS, the Committee on Laws specifically believe that the enacted ordinance is not "Ultra vires" since it is within the power of the Sangguniang Panlungsod to enact Ordinances and in contrary to any law particularly the provisions of the National Building Code but rather an additional requirement to regulate activities relative to the use of land, buildings and structures within the city in order to promote its general welfare as stated in RA 9264; the therein statement in the veto message implying that the same requirement would cast doubt and invites possible graft and corruption is uncalled for, baseless and does not show evidence on the matter;

WHEREAS, on a motion duly seconded, the Sangguniang Panlungsod, the veto message of the Chief Executive was laid on table for consideration and to override the veto message submitted to the Sangguniang Panlungsod with the following results:

VOTING ON THE POSITIVE TO OVERRIDE THE VETO POWER OF THE CHIEF EXECUTIVE/CITY MAYOR:

1. Hon. MA. THERESA C. AALA 2. Hon. LUISITO B. ALGABRE 3. Hon. MYTHOR C. CENDANA 4. Hon. ERIC T. PUZON 5. Hon. ANTONIA T. LASERNA 6. Hon. PAULINO Y. CAMACLANG, Jr. 7. Hon. PETRONIO C. FACTORIZA 8. Hon. RAYMOND RYAN F. CARVAJAL 9. Hon. LAUDEMER A. CARTA 10. Hon. EDWARD FERNANDITO S. TIONGCO

VOTING TO CONSIDER THE VETO POWER:

NONE

NOW, THEREFORE, it is hereby RESOLVED, as it is hereby RESOLVED to override the VETO POWER of the Loca l Chief Executive, Honorable Arlene B. Arcillas on the matter pertaining to the enactment of Ordinance No. 2056-2015 - An ordinance mandating all developers and contractors to secure clearance from the Sangguniang Panlungsod prior to issuance of locational clearances and building permits for mid-rise and high-rise building projects and the submission of a veto message by the City Mayor to the Sangguniang Panlungsod.

UNANIMOUSLY APPROVED.

CERTIFICATION:

I hereby certify to the correctness of the above quoted resolution. ,,,... /

CYNTHI~~ GOMEZ Secretary to the Sang. Panlungsod

Certified Correct:

ARNEL D~OMEZ City Vice-Mayor

·5/F City Govemuient Center, J.P. Rizal Blvd., City of Santa Rosa, Laguna - Tel. No. (049) 530-0015 Local 5100-5104' ·

·"Serbisyong Makatao, L.ilngsod na Makabago"

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OFFICE OF THE CITY MAYOR N"'· fl~ .

The Honorable Members Sangguniang Panl_ungsod . City of Santa Rosa, Laguna

. THRU : Vice Mayor Arnel DC Gomez Presiding Offic.er

RE VETO MESSAGE

Dear Honorable Members;

GREETINGS!

. Below is my Veto Message;

PREFATORY STATEMENT

On December 7, 2015, that Sanggunicin Panlungsod enacted an ordinance entitled "AN ORDINANCE MANDATING ALL DEVELOPERS AND CONTRACTORS TO SECURE CLEARANCE FROM THE SANGGUNIAN PANLUNGSOD PRIOR TO ISSUANCE OF LOCATIONAL CLEARANCES AND BUI.LDING PERMITS FOR MID-RISE AND HIGH-RISE BUILDING PR.OJECTS".

Said enacted ordinance was forwarded to and recerved by the Office of The City Mayor orY December 16, 2015, for my approval.

. .

Invoking my power under Section 16 of RA 9264, otherwise known as . the Charter ·of · Santa Rosa City, I choose . to veto the submitted enacted ordinance on two grounds, to wit, (1) for being ultra vires, and (2) for being prejudicial to the public welfare.

2/F City Government Center; J.P. Rizal Blvd., City of Santa Rosa, Laguna - Tel. No. (049) 530-0015 Loc~l 2801-2805 ''Serbfsyong Makatao1 Lungsod na -Makabago"

' . . ,--...

DISCUSSION

I. The enacted ordinance is ultra vires.

An ordinance is considered ultra vires when the subject matter thereof is outside or beyond the statutorily conferred authority of the Sanggunian Panglungsod to legislate or enact.

The pow·er to legislate has been vested by the 1987 Constitution to Congress. The legislation power of Congress covers national, regional, district and local measures. It is however impractical for Congress to legislate local measures for all levels of local government units. Realizing this, Congress,. through Section 48 of the Local Government Code, mandated · that all sanggunians shall be the local legislative bodies below who shall exercise local legislative power. In relation thereto, the Supreme Court, in the case of Magtajas vs. Pryce Properties and PAGCOR, GR no.111097, July 20, 1994, and Batangas CATV vs. CA, GR no. 138810, September 29, 2004, ruled that local legislative bodies (referring to the sanggunians) exercise only delegated legislative power conferred on them by Congress. As such, sanggunians cannot be more powerful than their principal, which is Congress.

It is worth noting that the legislative act of Congress is called "law" while that of the sanggunian is called "ordinance". In that regard, it has been held by the Supreme Court in long line of cases that an ordinance cannot rise above law and thus, an ordinance cannot contravene a law. In the case of Villacorta vs. Bernardo, GR no. l-31249, August 19, 1986, the Supreme Court ruled that any ordinance amending, contravening, or violating a national law in the guise of implementing said law is ultra vires. It further ruled that an ordinance imposing additional requirements over and above those already set forth by the law is in contravention of said law. The Court considers this as ultra vires.

Applying these doctrinal pronouncements of the Supreme Court in the above subject enacted ordinance, it is significant to note that the requirements in the issuance of building permits are already provided for by Presidential Decree 1096, also known as the ·"National Building Code of the Philippines". Thus, further requiring developers and contractors to secure clearance from the Sangguniang Panglungsod prior to issuance of Building Permit by the City Building Official are a clear imposition of additional requirement not otherwise required by the National Building Code. This ordinance therefore contravenes a national law and thus ultra vires. The reliance made by the sanggunian on Section 458 of the Local

< I , - -

Government Code and Section 10 of the City Charter of Santa Rosa in providing the above said additional requirement of clearance from the Sanggunian Panglungsod is misplaced. The delegated legislative power given to the sanggunian under said provisions of law is not without limitation, i.e:., the ordinance cannot contravene a national law. Imposing additional requirement through an ordinance is tantamount to amending the national law and is in contravention thereof. J

Granting without admitting that the said ordinance does not contravene the provisions of the National Building Code, the same is still an ultra vires act, as its implementotion and execution has not been defined and is left to the discretion of the office directed to implement the same. Furthermore, the Sanggunian Panglunsod, should not be the body to issue the said clearance as the said act is a clear encroachment of the undersigned's executive functions. Also, the implementation of said ordinance would require additional technical competence and expertise, which would amount to an additional process in an already established system in the local government unit where streamlining is being practiced.

II. The enacted ordinance is prejudicial to public welfare.

Economic growth in the City of Santa Rosa is vital since it wil l further greatly enhance and propel the delivery of basic services to its constituencies. This would redound to the benefit of the entire city's development and general welfare of the city residents. This growth is better achieved ; by promoting good, sound and reasonable economic policies acceptable not only to the business sector but the entire citizenry as well.

The above subject enacted ordinance requiring additional requirement of clearance from the sanggunian in securing building permits would negate and defeat this much needed economic growth. It will form another tier in the already numerous requirements imposed by the ;National Law on building permits and thus would be seen as a form of red tape that would discourage developers and investors to enter the city. This is clearly prejudicial to public welfare.

I

Moreover, the impositiori of such additional local requirement not found in the National Building Code would cast doubt, among the citizens of Santa Rosa, a~ the said requirement invites possible · graft and corruption in their :local government. Furthermore, the

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motivation behind the enactment of the said ordinance is highly questionable, which would expose not only the authors thereof, the Sangguniang Panglunsod, but the entire local government unit, to numerous litigations and law suits, thus unnecessarily dragging the good name of the City.

Wherefore premises considered, I now veto the above subject enacted ordinance on grounds discussed above. The same is hereby returned to the sanggunian with this Veto Message.

Thank you and best regards.

Very truly yours, ,,.

~I~ Mayor Arlene B. Arcillas City Mayor City of Santa Rosa, Laguna

... .. .--.

Republic of the Philippines CITY OF SANTA ROSA

Province of Laguna

"'

CITY OF SANTA ROSA, LAGUN'A Office of MAYOR ARLENE B. ARCILLAS

. ~[g@[!~\Yl~@ l Date: Ji.-l{j-1$ Time: J.: /S:{'l

OFFICE OF THE SANGGUNIANG PANLUNGSOD

EXCERPT FROM THE MINUTES OF The 49111 REGULAR SESSION OF SANGGUNIANG PANLUNGSOD OF CI1Y OF SANTA ROSA, LAGUNA HELD ON MONDAY, DECEMBER 7, 2015 AT THE ROSE AND GRACE RESTAURANT, BARANGAY DON JOSE, CITY OF SANTA ROSA, LAGUNA.

Presents:

Absent:

1. Hon . ARNEL DC. GOMEZ - City Vice-Mayor & Presiding Officer 2. Hon. MA. THERESA C. AAlA - SP Member 3. Hon. LUISITO B. ALGABRE -SP Member 4. Hon. MYTHOR C. CENDANA - SP Member 5. Hon. ERIC T. PUZON -SP Member 6. Hon. ANTONIA T. LASERNA -SP Member 7. Hon. PAUUNO Y. CAMACLANG, Jr. -SP Member 8. Hon. PETRONiO C. FACTORIZA -SP Member 9. Hon. RAYMOND RYAN F. CARVAJAL -SP Member

10. Hon. LAUDEMER A. CARTA -SP Member 11. Hon. EDWARD FERNANDITO S. TIONGCO -SP Member

1. Hon. RODRIGO. B. MALAPITAN -SP Member, ABC President

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ORDINANCE NO. 2056-2015 (Authored and Sponsored by the Committee on Laws and Government)

Chairman - Hon. ERIC T. PUZON Members - Hon. Raymond Ryan F. carvajal

Hon. Laudemer A. carta Hon. Petronio C. Factoriza Hon. Mythor C. Cendana

AN ORDINANCE MANDATING ALL DEVELOPERS AND CONTRACTORS TO SECURE CLEARANCE FROM THE SANGGUNIANG PANLUNGSOD PRIOR TO ISSUANCE OF LOCATIONAL CLEARANCES AND BUILDING PERMITS FOR MID-RISE AND HIGH· RISE BUILDING PROJECTS . . .

Be it ordained by the Sangguniang Panlungsod in a session duly assembled that:

Section 1. Scope . This Ordinance shall govern the issuance of locational dearances and building permits for the construction and development of Mid-rise and High-rise building in the City of Santa Rosa, Laguna.

~

·on 2. Authority and Purpose. This Ordinance is enacted pursuant to Sec. 458, A. 7160 otherwose known as the Local Government Code of 1991 and Sec. 10 of R.A. , otherwise known as the "Charter of the City of Santa Rosa{1

•

Section 3. Purpose. This ordinance is enacted for the following purpose:

3.1. Guide, control and Fegulate the ct>nstruction and development of Buildings;

3.2 Protect the environment and inhabitants of the city from harmful effects of man-made disasters or natural disasters;

3.3. To preserve and maintain the historical sites and landmarks of the city and its premises as well as to promote an orderly and beneficial

1velopment of the same.

Center, J.P. Rizal Blvd., City of Santa Rosa, Laguna - Tel. No. (049)530-0015 Local 5100-5104 11Serbisyong Makatao, Lungsod na Makabago"

" ( A -

Republic of the Philippines CITY OF SANTA ROSA

Province of Laguna

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OFFICE OF THE SANGGUNIANG PANLUNGSOD

Page 2 of Ordinance No. 2056-2015

3.4. To regulate and restrict location of mid-rise and high-rise buildings and eliminate the incompatible or non-conforming uses of existing land within the j urisdiction of the city.

Section 4. Definition and Rules

4.1. Definitions. When used in this Ordinance, each of the following words and phrases shall be construed to mean as follows:

a). Mid-rise buildings - refers to proposed building projects with four (4) floor up to six (6) floor structural design;

b ). High-rise buildings - refers to propo~ ~uilding project;s with seven (7) or more floor structural design;

Section s. Administrative Provisions. For the purpose of this Section, the Designated Building Official and the Zoning Administrator shalt require applicants for Locational dearances and Building Permits to secure Clearance from the Sangguniang Panlungsod for proposed projects covered by this Ordinance in addition to all requirements set forth in the National Building Code and all others pursuant to other circulars, issuances, rules and regulations, including, but not limited to the submission of Traffic Impact Assessment.

Section 6.

a).

b)

Final Provisions.

Applicability Clause. All other matters relating to the impositions in this Ordinance shall be governed by pertinent provision of existing laws and other ordinances.

Repealing Clause. All ordinanees, rules and regulations, or parts thereof, in conflict with, or inconsistent with any provisions of this ordinance, are hereby repealed, amended or modified accordingly.

Section 7. Effed:ivity. This ordinance shall take effect upon approval and publication in a newspaper with regional circulation.

UNANIMOUSLY APPROVED.

CERTIFICATION:

I hereby certify to the correctness of the above quoted Ordinance. • J

CYNT_ /f M. GOMEZ Sanggunlang P!l~ungsod Secretary

CERTIFICATION:

ARNEL DC~OMEZ City Vice-Mayor & Presiding Officer

APPROVED:

ARLENE B. ARCILLAS City Mayor

5/F City Government Center, J.P. Rizal Blvd., City of Santa Rosa, Laguna - Tel. No. (049)530-0015 Local 5100-5104

userblsyong Makatao, Lungsod na Makabago"