REPUBLIC OF THE PHILIPPINES PROVINCE OF LEYTE TACLOBAN CITY -ooo- SANGGUNIANG PANLALAWIGAN

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1 REPUBLIC OF THE PHILIPPINES PROVINCE OF LEYTE TACLOBAN CITY -ooo- SANGGUNIANG PANLALAWIGAN MINUTES OF THE53 RD REGULAR SESSION OF THE SANGGUNIANG PANLALAWIGAN OF LEYTE, HELD AT THE SESSION HALL, LEGISLATIVE BUILDING CAPITOL GROUNDSTACLOBAN CITY ON 22SEPTEMBER Atty. Carlo P. Loreto Vice-Governor/Presiding Officer 2. Hon. Gina E. Merilo 1 st District Board Member 3. Hon. Trinidad G. Apostol 2 nd District Board Member 4. Hon. Niccolo J. Villasin 2 nd District Board Member 5. Hon. Alan P. Ang 3 rd District Board Member 6. Hon. Ma. Corazon E. Remandaban 3 rd District Board Member 7. Hon. Manuel Vicente M. Torres 4 th District Board Member 8. Hon. Mesias P. Arevalo 4 th DistrictBoard Member 9. Hon. Florante A. Cayunda, Jr. 5 th District Board Member 10. Hon. Emmanuel L. Gacis 5 th District Board Member 11. Hon. Wilson S. Uy Ex-Officio Member, PCL President 12. Hon. Nollie C. Caña Ex-Officio Member, LnBP President Absent: 1. Hon. Ranulfo S. Abellanosa 1 st District Board Member (O.B. in Manila) = = = == = = ============================================================= The 53 rd Regular Session of the Sangguniang Panlalawigan of Leyte was called to order by Atty. Carlo P. Loreto, the Honorable Vice-Governor and Presiding Officer at exactly 3:00 o clock in the afternoon. Invocation was given by the Honorable Manuel Vicente M. Torres, Representative of the 4 th District of Leyte, followed by the singing of the Pambansang Awit ng Pilipinas. After which, a motion to dispense with the Panunumpa sa Watawat, the Leyte Hymn, the PBMLP Hymn and the PBMLP Creed of the agenda was presented by the Honorable Florante A. Cayunda, Jr., the Floor Leader and was duly seconded by the Honorable Ma. Corazon E. Remandaban and the Honorable Wilson S. Uy, from the 3 rd District of Leyte and the PCL Representative, respectively. 46 1

2 As there was no discussion, the motion was carried. The Secretary, Atty. Marni Rose D. Zatarain made the roll call to ensure presence of quorum for the day s session. The presence of twelve (12) Members was known, thus, a quorum was announced. There is quorum to do business. Mr. Floor Leader. Yes, Mr. Chair. We now go to the consideration of the Minutes of the previous session. We have two Minutes, We start with the Minutes of September 08, Are there any corrections? There are no corrections, therefore, I move that we approve and adopt the Minutes of our September 8, 2017, session. I so move. HON. WILSON S. UY: PCL PRESIDENT HON. CARLO P. LORETO: VICE GOVERNOR/PRESIDING OFFICER There is a motion duly seconded. Discussion? Hearing none, the Minutes of the September 8, 2017session is hereby approved. Approved unanimously. RES. NO HON. FLORANTE A. CAYUNDA, JR.:5 TH DIST. BOARD MEMBER/FLOOR LEADER We also have the Minutes of September 11, 2017.If there are no corrections, I move to approve and adopt the Minutes. I so move. HON. WILSON S. UY: PCL PRESIDENT 75 2

3 HON. CARLO P. LORETO: VICE GOVERNOR/PRESIDING OFFICER There is a motion duly seconded for the approval of the Minutes of September 11, Discussion? Correction? Hearing none, the motion is carried and approved. Approved unanimously. RES. NO We now go to the Calendar of Business.. BUSINESS OF THE DAY Item No. 01, Madam Secretary please. ATTY. MARNI ROSE D. ZATARAIN: SP SECRETARY ITEM NO. 01 Presented for consideration is a copy of Resolution No (13 th SP), of the City of Malaybalay, Province of Bukidnon, entitled, RESOLUTION ENJOINING ALL LOCAL GOVERNMENT UNITS IN THE PROVINCE OF BUKIDNON TO STRONGLY OPPOSE THE PRONOUNCED PLAN OF THE SPEAKER OF THE HOUSE OF REPRESENTATIVES PANTALEON D. ALVAREZ FOR THE URGENT PASSAGE OF A BILL THAT WOULD LEGALIZE SAME-SEX UNIONS/MARRIAGE IN THE PHILIPPINES WHICH PROPOSITION BLATANTLY TRANSGRESS THE PHILIPPINE LAWS, MORALS, AND TRADITIONAL VALUES. Mr. Chair, can you recognize the Honorable Apostol. The Honorable Apostol is recognized. HON. TRINIDAD G. APOSTOL: 2 ND DISTRICT BOARD MEMBER Thank you Mr. Chair. Thank you Mr. Floor Leader. Welcome. 3

4 HON. TRINIDAD G. APOPSTOL: 2 ND DISTRICT BOARD MEMBER Item No. 01 is coming from the City of Malaybalay, Province of Bukidnon. This is Mr. Chair, a Resolution Enjoying all Local Government Units in the Province of Bukidnon to Strongly Oppose the Pronounced Plan of the Speaker of the House of Representatives Pantaleon P. Alvarez for the urgent passage of a Bill that would legalize same sex unions/marriage in the Philippines which proposition Blatantly Transgress the Philippine Law, morals, and traditional values. Mr. Chair, I think we have to join the Province of Bukidnon and strongly oppose this Proposed Plan of Speaker Alvarez to pass this Bill in Congress to legalize marriage of the same sex. Mr. Chair, I move that we oppose this plan of the Speaker of the House of Representatives. I so move Mr. Chair. HON.FLORANTE A.CAYUNDA, JR.:5 th DIST.BOARD MEMBER/FLOOR LEADER It has been moved and duly seconded, to oppose as well the Proposed Bill that will legalize the same sex union/marriage. Discussion? From the chair, do we have a copy of the Proposed Bill? What s the Bill Number? And perhaps how is same sex marriage defined in the Bill. Mayroon tayo? HON.FLORANTE A.CAYUNDA, JR.:5 th DIST.BOARDMEMBER/FLOOR LEADER Basing on the attached documents Mr. Chair, we do not have a copy of the proposed Bill. What is attached in our agenda is only the resolution coming from Malaybalay City. And also Mr. Chair, basing on the resolution, I think there is no bill yet, this is just maybe an announcement of the Speaker that he is planning to pass a bill on the same sex marriage. I don t know if there is already a bill passed. I mean, submitted in Congress. But the City of Malaybalay just preempted the plan of the Speaker to pass the bill on same sex marriage. HON. TRINIDAD G. APOSTOL: 2 ND DISTRICT BOARD MEMBER Mr. Chair. Yes, the Honorable Apostol

5 HON. TRINIDAD G. APOSTOL: 2 nd DISTRICT BOARD MEMBER May I just.. What our Floor Leader has said is written here in the resolution that House of Representatives Pantaleon D. Alvarez plans for the urgent passage of the Bill. So ang ibig sabihin, there is already a bill that has been filed in Congress, that would legalize the same sex. It is stated here in the resolution urgent passage of a Bill. So it is very clear that there is already a bill that has been filed regarding the passage of the same sex marriages Mr. Chair. From the Chair, in the 2 nd whereas clause of the resolution of Bukidnon, it says and we quote: Whereas there are 2 versions of the Bill both from the LGBT groups, the SOGIE specific bill which started out as early as 11 th Congress and the 2 nd version which is the Comprehensive version of the bill, etc. Just for a thought perhaps we can go over the proposed bills so that our opposition may become more specific. Just a thought. So that we can oppose more intelligently. HON. FLORANTEA.CAYUNDA, JR.:5 th DIST.BOARDMEMBER/FLOOR LEADER Mr. Chair. Yes. Based on the title of the Bill itself, Mr. Chair, what the City of Malaybalay is saying is that, there is a bill on legalizing same sex marriage. I think based on the title itself, Mr. Chair, there is already objectionable, on my part also, because if I remember it correctly, the Family Code of the Philippines specifically states that the marriage is between a man and woman. So if this bill is passed by Congress Mr. Chair, they might as well amend the Family Code. They cannot just pass a bill without amending the Family Code. So that is the reason why I seconded to the motion of the Honorable Apostol that we should also strongly object to the passage of this bill Mr. Chair. From the Chair, I think the definition of Family and Marriage which are defined in the Constitution itself, so it cannot be just an amendment of the Family Code. It should be an 5

6 amendment of the Constitution. Just a thought. At any rate, the motion stands. Any other comments? Yes, the Honorable Gentle lady from Carigara. HON. TRINIDAD G. APOSTOL: 2 ND DISTRICT BOARD MEMBER Thank you Mr. Floor Leader. Thank you Mr. Chair. Welcome. HON. TRINIDAD G. APOSTOL: 2 nd DISTRICT BOARD MEMBER This kind of bill started has been filed as early as the 11 th Congress. Now we are already a 17 th Congress. So many people are really opposing this kind of Bill. Because it has already passed several Congresses, since the 11 th Congress, Mr. Chair. That is my manifestation. Okay, yes the Honorable gentleman from Barugo. HON. NICCOLO J. VILLASIN: 2 nd DISTRICT BOARD MEMBER Thank you Mr. Chair, Mr. Floor Leader. Actually Mr. Chair, I understand that there have been several objections on this sensitive topic. Because of the consequences actually whenever there are of the same sex marriage and they purchase properties together and then if they lead separate lives, and what will happen to the properties. It is more of that. I think that is why, some are pushing only for the civil union but not only with civil union with respect to property relations, but not on the legalizing or recognizing same sex marriage, Mr. Chair. And again, I also agree with Honorable Cayunda and the Honorable Loreto that the Constitution itself provides with the protection of the family and also on the definition of marriage, and the Family Code specifically states that their marriage must be between a man and a woman. Any other discussion? Just a thought, so that it will be in the records of the proceedings. It should be clarified in the proposed bills whether or not it is a proposed amendment to the definition of marriages. Or it is really a statement through our law that homo sexual are transgender will not be disallowed to marry although the same will have no legal effect as propounded by groups. 6

7 At any rate, there are no objections, there are no more manifestations. Any other statements? Discussions? Hearing none. Yes? HON. FLORANTE M. CAYUNDA, JR.: 5 th DIST. BOARD MEMBER/FLOOR LEADER Mr. Chair, just one last point, Mr. Chair. Yes, Mr. Floor Leader. Just also to clear my position. I have nothing against LGBT, gays and lesbians, but what I am trying to point out, Mr. Chair is that, this Bill will be amending our Family Code and the Constitution. That is why, I am objecting to that purely on that ground, Mr. Chair. So if they want to pass this Bill, they might as well amend the Family Code and our Constitution. That is all, Mr. Chair. So is it the position of the distinguished Floor Leader that he is not opposing to the capacity of homosexuals or transgender to do the ceremonies without legal effect? No Mr. Chair. My position is that, I am okay with them living with another man or a woman that is their choice, Mr. Chair. I am not against their union. But what I am against is legalizing their marriage. Without giving it legal effect? Yes, and giving it the status of a marriage which is defined by the Family Code as inviolable contract between a man and a woman. So that is the point of my support to the motion of the Honorable Apostol Mr. Chair. The Honorable Villasin

8 HON. NICCOLO J. VILLASIN: 2 nd DISTRICT BOARD MEMBER If I recite it right Mr. Chair, the resolution of the Honorable Apostol is with respect to the opposing of the submission of the bill or the passing of the bill. But based on the discussion of the Honorable Presiding Officer, there are 2 pending bills that are attached. HON. CARLO P. LORETO: VICVE-GOVERNOR/PRESIDING OFFICER There is none attached. But it is mentioned in the resolution. HON. NICCOLO J. VILLASIN: 2 nd DISTRICT BOARD MEMBER 2 Bills. Maybe what we can do, Mr. Chair is we can approve the resolution now with respect to the opposing to the.. and then maybe we can come up with the position with the position with respect to the 2 bills if those 2 bills are also submitted for our review as well, Mr. Chair. And give a more detailed position on each and every article or section of the proposed bill Mr. Chair. That we can submit also to Congress later on. HON. CARLO P. LORETO: VICVE-GOVERNOR/PRESIDING OFFICER Is that a proposed amendment to the motion? Or just a thought. Okay. Yes, the Honorable Apostol. HON. TRINIDAD G. APOSTOL: 2 ND DISTRICT BOARD MEMBER Thank you Mr. Chair. Now, if you are going to read Chapter 1, Article 1 of the Family Code of the Philippines, Executive order 209 which states Marriage is a special contract of permanent union between a man and a woman entered in accordance with law with establishment of conjugal and family life. It is very clear that it should be a man and a woman not of the same sex. It is within our Family Code. Thank you Mr. Chair. Okay. HON. FLORANTE A CAYUNDA, JR.: 5 th DIST. BOARD MEMBER/FLOOR LEADER So may we ask for a ruling, Mr. Chair? Okay, there being no objection, there being no other discussion, the motion is carried and approved. Approved unanimously. RES. NO

9 Item No. 02, Madam Secretary please. ATTY. MARNI ROSE D. ZATARAIN: SP SECRETARY ITEM NO. 02 Presented for consideration is Resolution No. 21R , series of 2017 of Kananga, Leyte, providing justification to Ordinance No. 21L on collection of Amusement Tax which is in COMPLIANCE to SP Resolution No dated July 4, HON. FLORANTE A. CAYUNDA, JR.5 th DIST. BOARD MEMBER/FLOOR LEADER Can you recognize the Honorable Torres, Mr. Chair? The distinguished Gentleman from Kananga. HON. MANUEL VICENTE M. TORRES: 4 th DISTTRICT BOARD MEMBER Thank you Mr. Chair, Mr. Floor Leader. Welcome. HON. MANUEL VICENTE M. TORRES: 4 th DISTRICT BOARD MEMBER Item No. 02, this was laid on the table because the Provincial legal office was of the opinion that the municipality of Kananga needed to provide legal basis for them to justify its collection of amusement tax and socialized housing tax. Now the SB of Kananga has submitted these documents providing their legal basis for the collection of said taxes. So I just move to refer this to the Provincial legal Office for further study and if indeed they complied with the requirements. HON. NICCOLO J. VILLASIN: 2 ND DISTRICT BOARD MEMBER HON. MESIAS P. AREVALO: 4 th DISTRICT BOARD MEMBER It has been moved by the Honorable Torres, seconded by the Honorable Arevalo and Villasin, to refer the matter to the Provincial Legal Office for validation whether or not the compliance is satisfactory to comply with the observations of the Provincial Legal Office. 9

10 Discussion? Hearing, none, the motion is carried. Carried unanimously. RES. NO Item No. 03 Madam Secretary please. ATTY. MARNI ROSE D. ZATARAIN: SP SECRETARY ITEM NO. 03 Presented for consideration is CERTIFICATION by the Secretary of San Miguel, Leyte relative to Municipal Ordinance No which was returned for correction and compliance per SP Resolution No dated August 4, Can you recognize the Honorable Merilo Mr. Chair? The Honorable Merilo is recognized. HON. GINA E. MERILO: 1 ST DISTRICT BOARD MEMBER Thank you Mr. Chair, thank you Mr. Floor Leader. Welcome. HON. GINA E. MERILO: 1 ST DISTRICT BOARD MEMBER ITEM No. 03 presented for consideration is a certification by the secretary of San Miguel, Leyte, relative to Municipal ordinance No It was returned for correction and compliance, per SP Resolution No dated August 4, Then we received a certification coming from Brian Brazil, Certification of Municipal Ordinance No series of 2017, entitled; An Ordinance Implementing the Tuberculosis Case Assistance Program. That it was forwarded to the office of the Municipal Mayor Cheeryl Erica L. Esperas for approval and signature last April 27, 2017 and up to July 26, 2017, that no action was ever communicated to the Sangguniang Bayan, nor said ordinance was returned to the Sangguniang Bayan. That under Section 54 pa. b of the Local Government Code of 1991 RA 7160, the said ordinance is deemed approved by the Local Chief Executive. Therefore, Mr. Chair, I move for the approval of the said ordinance. HON. NICCOLO J. VILLASIN: 2 nd DISTRICT BOARD MEMBER 10

11 There is a motion, duly seconded, as stated. Discussion? Hearing none, the motion is carried and approved. Approved unanimously. RES. NO Item No. 04, Madam Secretary please. ATTY. MARNI ROSE D. ZATARAIN: SP SECRETARY ITEM NO. 04 Presented for consideration is a letter dated September 4, 2017 of Mr. Victor C. Madeloso, Applicant for Industrial Sand & Gravel Extraction Operations located along Daguitan River within the area of Brgy. Cabarasan, Dulag, Leyte, requesting for a resolution interposing no objection on its application. Can you recognize the Honorable Arevalo. The Honorable Arevalo. HON. MESIAS P. AREVALO: 4 TH DISTRICT BOARD MEMBER Thank you Mr. Chair, thank you Mr. Floor Leader. Welcome. HON. MESIAS P. AREVALO: 4 th DISTRICT BOARD MEMBER This item Mr. Chair be referred to my committee, Mr. Chair. HON. CVARLO P. LORETO: VICE-GOVERNOR/PRESIDING OFFICER It has been moved and duly seconded to refer to the Committee on Environment for further study, for further scrutiny. Any discussion? Hearing none, the motion is carried. Carried unanimously. RES. No Item No. 05, Madam Secretary please. 11

12 ATTY. MARNI ROSE D. ZATARAIN: SP SECRETARY ITEM NO. 05 Presented for consideration is a letter dated August 30, 2017 of Ms. Maria Teresa F. Bayombong THRA Project Team requesting for a resolution seeking approval, formal recognition and support through an Executive Order and endorsement from this August Body. Maybe we just take not of this Mr. Chair. This is a letter from CARE, I mean CARE Philippines addressed to the Honorable Governor. I move to take note of this letter, Mr. Chair. HON. GINA E. MERILO: 1 st DISTRICT BOARD MEMBER HON. TRINIDAD G. APOSTOL: 2 nd DISTRICT BOARD MEMBER HON. MANUEL VICENTE M. TORRES: 4 th DISTRICT BOARD MEMBER Seconded by the Honorable Merilo. Discussion? HON. NICCOLO J. VILLASIN: 2 nd DISTRICT BOARD MEMBER Mr. Chair. Yes the Honorable Villasin. HON. NICCOLO J. VILLASIN: 2 nd DISTRICT BOARD MEMBER Thank you Mr. Chair. Welcome. HON. NICCOLO J. VILLASIN: 2 ND DISTRICT BOARD MEMBER After the perusal of the letter Mr. Chair, I think the project of Ms. Maria Teresa F. Bayombong is also requesting for endorsement through a SB Resolution of their program with respect to the production and processing of Casava. We might as well also Mr. Chair, if they can be able also to present to the Committee on Agriculture. If indeed, we would be giving our endorsement in this program, Mr. Chair. Just a suggestion Mr.Chair. 12

13 Okay, so there is a proposed amendment to the motion, that instead of just taking note, that the proponents before the passage of the SP Resolution indorsing their project that they be made to present as well this project. What is the pleasure of the distinguished movant? Okay, Mr. Chair, I yield to the suggestion of the Honorable Villasin. I move to refer this to the Committee on Agriculture, Mr. Chair for further study I so move. HON. NICCOLO J. VILLASIN: 2 nd DISTRICT BOARD MEMBER HON. TRINIDAD G. APOSTOL: 2 nd DISTRICT BOARD MEMBER It has been moved by the Honorable Cayunda, seconded by the Honorable Villasin and Apostol, to refer the matter to the Committee on Agriculture. Discussion? Hearing none, the motion is carried. Carried unanimously. RES. NO ITEM No. 06, Madam Secretary please. ATTY. MARNI ROSE D. ZATARAIN: SP SECRETARY ITEM NO. 06 Presented for consideration is a letter dated August 22, 2017 from Hon. Jose Mari G. Pelaez, Vice Governor, Province of Misamis Oriental requesting support tospresolution No entitled, RESOLUTION REQUESTING THE BUREAU OF INTERNAL REVENUE, THROUGH COMMISSIONER CESAR R. DULAY, TO EXEMPT JOB-ORDER PERSONNEL EARNING ONE HUNDRED THOUSAND PESOS AND BELOW ANNUALLY FROM THE IMPOSITION AND WITHHOLDING OF PERCENTAGE TAX OF THREE PERCENT ANDOTHER TAXES FOR FAIRNESS AND EQUITY CONSIDERATION. From the Chair, before we go to any motion or discussion just for parliamentary information with regards to the taxes on job orders, BIR made a new order exempting job order employees earning less than 100, pesos a year for taxes. Just an information. Yes, the Honorable Villasin

14 HON. NICCOLO J. VILLASIN: 2 nd DISTRICT BOARD MEMBER Considering that actually, this letter is actually moot and academic, we might as well just take note of the resolution coming from Misamis Oriental, Mr. Chair. I so move. It has been moved and duly seconded to take note of SB Resolution coming from Misamis Oriental. Discussion? Yes, the Honorable Villasin. HON. NICCOLO J. VILLASIN: 2 ND DISTRICTBOARD MEMBER And also, if maybe we can find out whether or not that our job order employees here in the Province of Leyte are enjoying that exemption already. Maybe we can inquire from the accounting office with respect to whether or not that is already a DBM implemented. HON. CARLO P. LROETO: VICE-GOVERNOR/PRESIDING OFFICER Okay, so we are having an omnibus motion. Is that the proposal? Any second to the omnibus motion to take note, and to inquire with the accounting department whether or not job order employees are being exempted from withholding and percentage tax of 3% and other taxes. Any second to the amended motion? HON. MESIAS P. AREVALO: 4 th DISTRICT BOARD MEMBER Seconded by the Honorable Arevalo, the motion to note Resolution No of SP Misamis Oriental. Approved unanimously. RES. NO And another motion to inquire with the Accounting Office, as stated. Discussion? Hearing none Approved unanimously. RES. NO A 14

15 Item No. 07, Madam Secretary please. ATTY. MARNI ROSE D. ZATARAIN: SP SECRETARY ITEM NO. 07 Presented for consideration is Municipal Ordinance No of the Municipality of Palo, Leyte, entitled, AN ORDINANCE RECLASSIFYING CAD. LOT NO CONSISTING AN AREA OF 5,548 SQUARE METERS REGISTERED IN THE NAME OF CONCORDIA VILLACORTE LOCATED AT BARANGAY SALVACION, THIS MUNICIPALITY FROM RESIDENTIAL TO COMMERCIAL, recommended for the declaration of its VALIDITY by the Provincial Legal Office in its 2 nd Endorsement dated September 5, Can you recognize the Honorable Merilo Mr. Chair? The Honorable Merilo is recognized. HON. GINA E. MERILO: 1 st DISTRICT BOARD MEMBER Thank you Mr. Chair and Mr. Floor Leader. Presented for consideration is Municipal Ordinance No of the Municipality of Palo, Leyte, entitled; An ordinance Reclassifying Cad. Lot No consisting an area of 5,548 square meters registered in the name of Concordia Villacorte located at Barangay Salvacion, this municipality from residential to commercial. Mr. Chair, upon perusal of the said documents, I found out that there was no public hearing done. Only the certification of posting is attached, but no public hearing. So I move to return this SB Res. No to its origin. So I so move. HON. NICCOLO J. VILLASIN: 2 nd DISTRICT BOARD MEMBER It has been moved and duly seconded as stated. Discussion? Hearing none, the motion is carried. RES. NO Item No. 08, Madam Secretary please

16 ATTY. MARNI ROSE D. ZATARAIN: SP SECRETARY ITEM NO. 08 Presented for consideration is Ordinance No of the Municipality of Tanauan, Leyte, entitled, AN ORDINANCE ADOPTING EACH NEW DAY IS A BETTER DAY IN TANAUAN AS THE OFFICIAL MUNICIPAL SLOGAN OF TANAUAN, LEYTE AND REQUIRING ITS MANDATORY INCLUSION ON ALL THE OFFICIAL CORRESPONDENCES OF THE LOCAL GOVERNMENT OF TANAUAN, LEYTE, recommended for the declaration of its VALIDITY by the Provincial Legal Office in its 2 nd Indorsement dated September 5, Can you recognize the Honorable Merilo Mr. Chair? The Honorable Merilo. HON. GINA E. MERILO: 1 st DISTRICT BOARD MEMBER ITEM No. 08, presented for consideration is Ordinance No of the municipality of Tanauan, Leyte, entitled, An ordinance Adopting Each Day is a Better Day in Tanauan, as the Official Municipal Slogan of Tanauan. And requiring its mandatory inclusion on all the official correspondences of the Local Government of Tanauan, Leyte. It is already recommended for validity by the Provincial Legal office in its 2 nd reading. Therefore, I move to declare valid and operative, the said Ordinance No of Tanauan, Leyte. And I so move Mr. Chair. HON. NICCOLO J. VILLASIN: 2 nd DISTRICT BOARD MEMBER It has been moved and duly seconded, to declare valid, the subject ordinance of Tanauan. Discussion? Hearing none, the motion is carried and approved. Approved unanimously. RES. NO Item No. 09, Madam Secretary please. ATTY. MARNI ROSE D. ZATARAIN: SP SECRETARY ITEM NO. 09 Presented for consideration is Municipal Ordinance No.004 s

17 of the Municipality of Tabontabon, Leyte, entitled, AN ORDINANCE REQUIRING EVERY BARANGAY IN THE MUNICIPALITY OF TABONTABON, LEYTE TO ESTABLISHED AND MAINTAIN VIOLENCE AGAINST WOMEN AND THEIR CHILDREN (VAWC) DESK AND ESTABLISHING PROTOCOLS IN HANDLING VAWC CASES AT BARANGAY LEVEL, PROVIDING FUNDS THEREFORE AND FOR OTHER PURPOSES, recommended for the declaration of its VALIDITY by the Provincial Legal Office in its 2 nd Indorsement dated September 5, Can you recognize the Honorable Apostol, Mr. Chair? The Honorable Apostol is recognized. HON. TRINIDAD G. APOSTOL: 2 nd DISTRICT BOARD MEMBER Thank you Mr. Chair. Thank you Mr. Floor Leader. For item No. 09, this is coming from the municipality of Tabontabon. This is municipal Ordinance No. 004 series 2017, entitled, An ordinance requiring Every Barangay in the Municipality of Tabontabon, Leyte to Establish and Maintain Violence Against Women and Children (VAWC) Desk and Establishing Protocols in Handling VAWC Cases at Barangay Level, providing funds thereof and for other purposes. Mr. Chair, this has been recommended as valid by the Legal office. And this is a very good resolution for the protection of women and children. So Mr. Chair, I move to approve this ordinance coming from the municipality of Tabontabon. I so move. HON. NICCOLO J. VILLASIN: 2 nd DISTRICT BOARD MEMBER It has been moved and duly seconded by the Honorable Villasin, to declare valid, the subject ordinance from Tabontabon for the Establishment of Violence against Women and Children Desk. Discussion? From the Chair. So there will be a desk specifically for the protection of women and children. What about men? Do they deserve protection as well? HON. FLORANTE A. CAYUNDA, JR.:5 TH DIST. BOARD MEMBER/ FLOOR LEADER They go to the regular desk. 17

18 Regular desk, okay. So any other discussion? Hearing none, the motion is carried and approved. Approved unanimously. RE.S NO Item No. 10, Madam Secretary please. ATTY. MARNI ROSE D. ZATARAIN: SP SECRETARY ITEM NO. 10 Presented for consideration is Municipal Ordinance No s of the Municipality of San Miguel, Leyte, entitled, AN ORDINANCE ADOPTING AN INVESTMENT AND INCENTIVE CODE FOR THE MUNICIPALITY OF SAN MIGUEL, LEYTE, recommended for the declaration of its VALIDITY by the Provincial Legal Office in its 2 nd Indorsement dated September 5, Can you recognize the Honorable Merilo, Mr. Chair? The Honorable Merilo is recognized. HON. GINA E. MERILO: 1 st DISTRICT BOARD MEMBER Item No. 10 Mr. Chair, presented for consideration is Municipal ordinance no series of 2017 of the municipality of San Miguel, Leyte. An Ordinance Adopting An Investment and Investment Code of the municipality of San Miguel, Leyte. Mr. Chair, I move that this item be referred to the Ways and Means Committee. And I so move. HON. NICCOLO J. VILLASIN: 2 nd DISTRICT BOARD MEMBER There is a motion, duly seconded by the Honorable Villasin, to refer the matter to the Ways and Means Committee. Discussion? Hearing none, the motion is carried. Carried unanimously. RES. NO Item No. 11 Madam Secretary please. 18

19 ATTY. MARNI ROSE D. ZATARAIN: SP SECRETARY ITEM NO. 11 Presented for consideration is Ordinance No of the Municipality of Calubian, Leyte, entitled, AN ORDINANCE PROVIDING FOR A GENDER AND DEVELOPMENT CODE IN THE MUNICIPALITY OF CALUBIAN, LEYTE AND FOR OTHER PURPOSES, recommended for the declaration of its VALIDITY by the Provincial Legal Office in its 2 nd Indorsement dated August 8, Can you recognize the Honorable Ang Mr. Chair? The Honorable Ang is recognized. HON. ALAN P. ANG: 3 rd DISTRICT BOARD MEMBER Thank you Mr. Chair, Mr. Floor, my colleagues, good afternoon. Presented for consideration is Ordinance No of the municipality of Calubian, Leyte entitled; An Ordinance providing for a Gender and Development Code of the Municipality of Calubian, Leyte and for other purpose. Recommended for the declaration of validity by the Provincial Legal Office in its 2 nd Endorsement. So I do move, Mr. Chair, to declare valid the Municipal Ordinance No of the municipality of Calubian. HON. MA. CORAZON E. REMANDABAN: 3 rd DISTRICT BOARD MEMBER It has been moved by the Honorable Ang duly seconded by the Honorable Remandaban to declare valid, the subject ordinance of Calubian. Discussion? Hearing none, the motion is carried and approved. Approved unanimously. RES. NO Item No. 12, Madam Secretary please. ATTY. MARNI ROSE D. ZATARAIN: SP SECRETARY ITEM NO. 12 Presented for consideration is Municipal Ordinance No. 90 s. of 2017 of the Municipality of San Isidro, Leyte entitled, AN ORDINANCE CREATING THE PLANTILLA OF POSITIONS OF LOCAL ASSESSMENT 19

20 OPERATIONS OFFICER II, TWO (2) ASSESSMENT CLERK III, ADMINSTRATIVE AIDE IV (DRIVER II), ADMINISTRATIVE AIDE V (CARPENTER II), FIVE (5) ADMINISTRATIVE AIDE III (UTILITY WORKER II), SECURITY GUARD II, SOCIAL WELFARE AIDE, CASHIER II AND LOCAL REVENUE COLLECTION OFFICER II IN THE MUNICIPALITY OF SAN ISIDRO, LEYTE, AND PROVIDING FUNDS THEREFOR, recommended for the declaration of its VALIDITY by the Provincial Legal Officer in its 2 nd Indorsement dated September 5, Again can you recognize the Honorable Ang Mr. Chair? The Honorable Ang is recognized. HON. ALAN P. ANG: 3 rd DISTRICT BOARD MEMBER Thank you Mr. Chair, Mr. Floor Leader. Presented for consideration is Municipal Ordinance No. 90-series 2017 of the municipality of San Isidro, Leyte, entitled; An ordinance Creating the Plantilla of Positions of Local Assessment Operation officers II, Two (2) Assessment Clerk III, Administrative Aide IV (Driver II), Administrative Aide V (Carpenter II), Five (5) Administrative Aid III (Utility Worker II), Security Guard II, Social Welfare Aide, Cashier II, and Local Revenue Collection officer II in the Municipality of San Isidro, Leyte and providing funds therefore. Recommended for the declaration of validity by the Provincial Legal Office. Mr. Chair, I do move to declare the validity of Municipal Ordinance No. 90, series 2017 of the municipality of San Isidro, Leyte. HON. MESIAS P. AREVALO: 4 th DISTRICT BOARD MEMBER It has been moved and duly seconded, to declare valid, the subject ordinance of San Isidro, Leyte. Discussion? Hearing none, the motion is carried and approved. Approved unanimously. RES. NO Item No. 13, Madam Secretary please

21 ATTY. MARNI ROSE D. ZATARAIN: SP SECRETARY ITEM NO. 13 Presented for consideration is City Ordinance No. 16, s of Baybay City, entitled, AN ORDINANCE PROTECTING THE CHILDREN FROM JUNK FOODS AND UNHEALTHY DRINKS AND INSTILL IN THEM THE VALUES OF GOOD HEALTH, recommended for the declaration of its VALIDITY by the Provincial Legal Office in its 2 nd Indorsement dated September 5, Mr. Chair, if I may, this is an Ordinance Protecting the Children from Junk Foods and Unhealthy Drinks, and instill in them the values of good health. Mr. Chair, this is a very laudable ordinance because it will improve the nutrition of our young children in the City of Baybay. So I move that we declare this valid. I so move. HON.EMMANUEL L. GACIS: 5 th DISTRICT BOARD MEMBER It has been moved and duly seconded, to declare valid, the subject ordinance of Baybay. Discussion? Hearing none, the motion is carried and approved. Approved unanimously. RES. NO Item No. 14, Madam Secretary please. ATTY. MARNI ROSE D. ZATARAIN: SP SECRETARY ITEM NO. 14 Presented for consideration is City Ordinance No. 17, s of Baybay, City, entitled, AN ORDINANCE DECLARING EVERY 27 TH DAY OF DECEMBER OF EVERY YEAR AS BINAYBAYON FESTIVAL DAY, FURTHER DECLARING IT AS THE HIGHLIGHT PRESENTATION OF THE BAYBAY CITY SOCIO-CULTURAL ACTIVITIES, recommended for the declaration of its VALIDITY by the Provincial Legal Office in its 2 nd Indorsement dated September 5, Mr. Chair, if I may again. This is an Ordinance declaring December 27 of each year as the Binaybayanon Festival Day of the City of Baybay. This is also the same date where the City of Baybay celebrates its fiesta. There is nothing in this ordinance Mr. Chair that says that this 21

22 will be considered as a holiday, because it is only the president that can declare as a holiday. And so this ordinance merely says that December 27 will be the Binaybayanon Festival Day. So in view of that, Mr. Chair, I move to declare valid, City Ordinance No. 17 series 2017 of Baybay. I so move Mr. Chair. HON. EMMANUEL L. GACIS: 5 th DISTRICT BOARD MEMBER HON. WILSON S. UY: PCL PRESIDENT It has been moved and duly seconded, to declare valid City Ordinance No. 17 series 2017 of Baybay City. Discussion? Hearing none, the motion is carried and approved. Approved unanimously. RES. NO Item No. 15, Madam Secretary please. ATTY. MARNI ROSE D. ZATARAIN: SP SECRETARY ITEM NO. 15 Presented for consideration in City Ordinance No. 18, s. of 2017 of Baybay, City, entitled, AN ORDINANCE RECLASSIFYING CADASTRAL LOT NO B, COVERED BY TCT NO , REGISTERED IN THE NAME OF THE SPOUSES, MR. AND MRS. EDGARDO SANCHEZ, CONTAINING AN AREA OF 4,332 SQUARE METERS MORE OR LESS SITUATED AT BRGY. COGON, THIS CITY, FROM AGRICULTURAL ZONE (AGZ) TO MEDIUM DENSITY RESIDENTIAL ZONE (R-2), recommended for the declaration of its VALIDITY by the Provincial Legal Office in its 2 nd Indorsement dated September 5, Can you recognize my partner, Mr. Chair, the Honorable Gacis. The Honorable Gacis, the partner of Honorable Cayunda is recognized. HON. EMMANUEL L. GACIS: 5 TH DISTRICT BOARD MEMBER Thank you Mr. Chair, Mr. Floor Leader. Welcome. 22

23 HON. EMMANUEL L. GACIS: 5 th DISTRICT BOARD MEMBER Ordinance No. 18 of the City of Baybay is an ordinance Reclassifying Cadastral Lot No B, covered by TCT No , registered in the name of spouses Mr. and Mrs. Edgardo Sanchez, obtaining an area of 4,332 sq. meters, more or less, situated at Barangay Cogon, this City from Agricultural Zone to Medium Density Residential Zone. This Ordinance had been studied by the Provincial Legal Office, and after the thorough study with regards to this ordinance, they recommended that the same be declared valid, as authorized under Section 20 of the Local Government Code. And provided however, that all the requisites therein are complied with. So this representation, Mr. Chair, would like to concur with the recommendation of the Provincial Legal office declaring the validity of City Ordinance No. 18. So this representation would like to move for the approval of City Ordinance No. 18 series 2017 of the City of Baybay. I so move. It has been moved and duly seconded, to declare valid, the subject land conversion ordinance of Baybay. Discussion? Yes, the Honorable Caña. HON. NOLIE C. CAÑA: LnBP PRESIDENT This representation would like to ask what is medium density residential zone. Yes, may we hear from the movant? What does it mean when you say medium density? HON. EMMANUEL L. GACIS: 5 th DISTRICT BOARD MEMBER Mr. Chair, Barangay Cogon is situated in the city proper. And based on the actual site of the barangays, there are a lot of residential houses already established. And I believe that medium density residential zone is like there are already residential houses built within the barangays Cogon Mr. Chair. So it is not suitable for agricultural area, Mr. Chair

24 Okay, and it is now suitable for residential. HON. EMMANUEL L. GACIS: 5 th DISTRICT BOARD MEMBER Residential. Okay, would that be to the satisfaction for the ABC President? By the way, Congratulations ha. HON. NOLIE C. CAÑA: LnBP PRESIDENT Why? Your term has been extended. That is why, you are more active now. And blow out is in order. HON. NOLIE C. CAÑA: LnBP PRESIDENT Thank you Mr. Chair. Well, if there is medium density, there is small or large. What I am asking Mr. Chair, what is the scope of the medium? If there is medium, there is small and large. So medium is in between small and the large. Yes, yes. HON. EMMANUEL L. GACIS: 5 th DISTRICT BOARD MEMBER Okay, Mr. Chair, I would like to give my partner to answer the query of our colleague, the ABC President. The Honorable Gacis yields the floor in favor of the Honorable Cayunda. Yes, Mr. Chair also in order to answer the query of Honorable Caña, actually this property is located in Barangay Cogon of Baybay where the new Diversion Road of Baybay was built. And along that Diversion Road there are agricultural lands but the agricultural lands are no longer suited for agriculture purposes. Mainly, because No. 1, there is no irrigation on that certain area. That is why some of the owners of the agricultural lands requested the LGU to convert their lands into residential so that they can build their houses there. And the reason why it is considered as medium density because there are only small houses on that area. Meaning 24

25 to say, other areas in that barangays are still considered agricultural land. There are certain land owners who requested for conversion so that they can build their houses. So that is the reason why it is still medium density because there are not a lot of houses are there in that area. Okay. Yes, would that be to the satisfaction of the Gentleman ABC Federation? HON. NOLIE C. CAÑA: LnBP PRESIDENT Yes, Mr. Chair. The Honorable Apostol would like to be recognized, Mr. Chair. Yes, the Honorable Apostol. HON. TRINIDAD G. APOSTOL: 2 nd DISTRICT BOARD MEMBER Thank you Mr. Floor Leader. Thank you Mr. Chair. Welcome. HON. TRINIDAD G. APOSTOL: 2 nd DISTRICT BOARD MEMBER Just for clarification. Converting this area from agricultural zone to residential zone. May I know if this is in connection with the having projects being done by the NHA in connection with the Yolanda. Because we have so many projects now ongoing, which is in connection with the Yolanda, coming from the Non-Government Organizations from different countries. Is this in compliance with the projects that are being injected here by the NGOs coming from the different countries? In order to answer the Honorable Apostol, it is not part of the NHA Maam. This is just a private request coming from the private land owner of the said property. In fact, among the documents attached in the item, is a letter dated March 14, 2017 coming from the owner herself. I think he has a plan to convert this into a subdivision, because in their letter, he also said that he wanted to sub-divide the property into 17 subdivision lots. So I think, he has plan to put up houses there for.. I don t know maybe for rent or for business. I don t know. 25

26 HON. TRINIDAD G. APOSTOL: 2 ND DISTRICT BOARD MEMBER Okay, thank you Mr. Floor Leader. Okay, any other discussion? Hearing none, the motion is carried and approved. Approved unanimously. RES. NO Item No. 16, Madam Secretary please. ATTY. MARNI ROSE D. ZATARAIN: SP SECRETARY ITEM NO. 16 Presented for consideration is City Ordinance No. 20, s of Baybay, City, entitled, AN ORDINANCE ESTABLISHING THE ADMINISTRATIVE PROCESS OF DECLARING A PROVEN DRUG DEN AS A PUBLIC NUISANCE, CREATING THE ADMINISTRATIVE BOARD TO HEAR AND ENFORSE THE PROCESS OF ABATEMENT AND TO APPROPRIATE THE FUNDS FOR ITS IMPLEMENTATION, recommended for the declaration of its VALIDITY by the Provincial Legal Office in its 2 nd Indorsement dated September 5, 2017 Mr. Chair, this particular Item has already been discussed in our previous regular sessions. This is regarding the abatement of nuisance of the illegal drug problem. So in our previous sessions we referred these Items to the Committee of the Whole. In view of that Mr. Chair, I also move that we constitute this Body, refer this to the Committee of the Whole. I so move, Mr. Chair. HON. EMMANUEL L. GACIS: 5 TH DISTRICT BOARD MEMBER HON. MA. CORAZON E. REMANDABAN: 3 RD DISTRICT BOARD MEMBER There s a motion, duly seconded. Discussion? Hearing none, the motion is carried and approved. The subject matter is referred to the Committee of the Whole. Approved unanimously. Res. No

27 HON. FLORANTE A. CAYUNDA, JR.:5 TH DIST. BOARD MEMBER/ FLOOR LEADER Item No. 17, Madam Secretary please. ATTY. MARNI ROSE D. ZATARAIN: SP SECRETARY ITEM NO. 17 Presented for consideration is a copy of SP Resolution No of Misamis Occidental, entitled, A RESOLUTION REQUESTING THE COMMITTEE ON ENERGY OF THE HOUSE OF REPRESENTATIVES TO SUPPORT THE HOUSE BILL NO KNOWN AS THE ANITI-POWER LINE DISTURBANCE ACT OF 2016, requesting for support from this Honorable Body. HON. NICCOLO J. VILLASIN: 2 ND DISTRICT BOARD MEMBER Mr. Chair. Can you recognize the Honorable Villasin, Mr. Chair? The energetic Chairman of the Committee on Energy is recognized. HON. NICCOLO J. VILLASIN: 2 ND DISTRICT BOARD MEMBER Thank you Mr. Chair, Mr. Floor Leader. Presented for consideration is a Resolution coming from the Province of Misamis Occidental, Mr. Chair, with respect to their support of the Anti-Power Line Disturbance Act of 2016, which is a pending bill in Congress. I think during the Committee Hearing as well, the Committee of the Whole during the time when we invited their Resource Speakers from NGCP, from Electric Cooperatives of the province as well as from our Representative, in fact Usec. Ilagan was present during that time, it was also mentioned that there has been a problem with respect to the right of way for the transmission lines, Mr. Chair. So, if my motion is in order, I d like to, first, take note of the Resolution coming from the Province of Misamis Occidental and sponsor as well, supporting the Anti-Power Line Disturbance Act of I so move Mr. Chair

28 Parliamentary inquiry, from the Chair, what s the motion? To support the proposed bill. Okay, seconded by the Floor Leader. Discussion? The Honorable Apostol. HON. TRINIDAD G. APOSTOL: 2 ND DISTRICT BOARD MEMBER Thank you, Mr. Chair. Welcome. HON. TRINIDAD G. APOSTOL: 2 ND DISTRICT BOARD MEMBER This bill, House Bill No. 3351, I think is already in Congress. Because it is already marked House Bill. So, this has already been filed in Congress. I think this should be given a proper support or whatever, by the Committee on Energy. Because it is already there in the House. It has already a number, House Bill No So, this has to go to the Committee on Energy and will be discussed in the committee level. After the committee level, it will be deliberated on the floor. Thank you Mr. Chair. Okay, any other discussion? Hearing none, the motion is carried and approved. Approved unanimously. RES. NO HON. FLORANTE A. CAYUNDA. JR.: 5 TH DIST. BOARD MEMBER/FLOOR LEADER Item No. 18, Madam Secretary please. ATTY. MARNI ROSE D. ZATARAIN: SP SECRETARY ITEM NO. 18 Presented for consideration is the General Fund Supplemental Budget No. 02 CY 2017 of the Municipality of Babatngon, Leyte, duly supported by SB Appropriation Ordinance No. 374 in the amount of 28

29 P4,273,150.00, recommended for APPROVAL by the Local Finance Committee subject to conditions set forth in its review letter dated September 7, 2017 ITEM NO. 19 Presented for consideration is the General Fund Supplemental Budget No. 02 CY 2017 of the Municipality of San Isidro, Leyte, duly enacted by SB through Appropriation Ordinance No in the total amount of P43,270,000.00, recommended for APPROVAL by the Local Finance Committee subject to conditions set forth in its review letter dated September 8, ITEM NO. 20 Presented for consideration is the General Fund Supplemental Budget No. 02 CY 2017 of the Municipality of Bato, Leyte, duly enacted by SB Appropriation Ordinance No in the total amount of P4,451,682.00, recommended for APPROVAL by the Local Finance Committee subject to conditions set forth in its review letter dated September 7, HON. FLORANTE A. CAYUNDA, JR.:5 TH DIST. BOARD MEMBER/FLOOR LEADER Maybe we can have an omnibus motion for Items 18, 19 and 20, Mr. Chair. Can you recognize the Honorable Villasin? The Honorable Villasin is recognized. HON. NICCOLO J. VILLASIN: 2 ND DISTRICT BOARD MEMBER Thank you, Mr. Chair, Mr. Floor Leader. Considering that Items 18, 19 and 20 are all General Funds Supplemental Budgets, Item No. 18 pertaining to the Supplemental No. 02 of Babatngon, Leyte; Item No. 19, Supplemental Budget No. 02 of San Isidro, Leyte; and, Item No. 20, Supplemental Budget No. 02 of Bato, Leyte, I d like to move for an omnibus motion for the approval of the above stated Supplemental Budgets, Mr. Chair. I so move. HON. EMMANUEL L. GACIS: 5 TH DISTRICT BOARD MEMBER HON. ALAN P. ANG: 3 RD DISTRICT BOARD MEMBER 29

30 HON. TRINIDAD G. APOSTOL: 2 ND DISTRICT BOARD MEMBER Mr. Chair. Yes, the Honorable Apostol is recognized. HON. TRINIDAD G. APOSTOL: 2 ND DISTRICT BOARD MEMBER Mr. Chair, before the approval, may I also say that the observations of the Local Finance Committee Reports should be taken into consideration. Thank you Mr. Chair. Yes, the Honorable Villasin. HON. NICCOLO J. VILLASIN: 2 ND DISTRICT BOARD MEMBER I amend my motion accordingly, Mr. Chair, to include the conditions in the findings of the Local Finance Committee. Thank you for the suggestion Honorable Apostol. Let it be stated on record that the Honorable Ang seconded the motion, as amended. Discussion? Hearing none, the motion is carried and approved. Approved unanimously. RES. NO HON. FLORANTE A. CAYUNDA, JR.: 5 TH DIST. BOARD MEMBER/ FLOOR LEADER Item No. 21, Madam Secretary please. ATTY. MARNI ROSE D. ZATARAIN: SP SECRETARY ITEM NO. 21 Presented for consideration is Municipal Ordinance No of the Municipality of Mahaplag, Leyte, entitled, AN ORDINANCE AUTHORIZING THE MUNICIPAL VICE MAYOR TO MAKE AUGMENTATION OF APPROPRIATION IN THE OFFICE OF THE SANGGUNIANG BAYAN FROM TRAINING EXPENSES TO TRAVELLING EXPENSES LOCAL IN THE AMOUNT OF TEN THOUSAND PESOS (P10,000.00) with the information from the Local Finance Committee that said augmentation of funds is deemed IN ORDER pursuant to Section 336 of RA