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SPONSORED BY:

HON. MARLON M. LACSON
Majority Floor Leader

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PREAMBLE

WHEREAS, Barangay 720, Zone 78, District V, City of Manila, requested the City Council of Manila that their Barangay Resolution be approved, thus, allowing the release of their accumulated lawful share of Real Property Taxes of previous years derived from commercial and industrial establishments within their respective territorial jurisdictions;

WHEREAS, In support of their claim, a Resolution from the Liga ng mga Barangay allowing the release and use of such fund in their barangay was presented as well as the Barangay Resolution, cadastral map, business permits and clearance issued by the barangay-claimant to the various commercial and industrial establishments situated in the territorial jurisdiction being claimed.

WHEREAS, considering that there were no other similar claims from the other adjoining barangays and that the barangay-claimant was able to establish by clear and convincing evidence their claim over their respective territorial jurisdiction, the City Council of Manila passed Resolution No. 23, Series of 2014, on January 28, 2014, affirming their request for the approval of their barangay resolution thus allowing the release of their lawful share over the Real Property Taxes derived from commercial and industrial establishments within the claimed area;

WHEREAS, surprisingly and after several months, some barangay officials from the adjoining barangays filed their oppositions to the Office of the Mayor, thus, when a committee hearing was scheduled for the purpose, all barangays concerned were duly notified on the said committee hearing and were given the opportunity to present their opposing view and they were given sufficient time to file position paper attaching therewith pertinent documents to support their claims;

WHEREAS, in the said hearing, the committee was appraised of the Audit Observation Memorandum (AOM), dated June 30, 2014, of the Commission on Audit (COA) which opined: "Notwithstanding the above resolutions, we noted the absence of City Council Ordinance that would support the legal basis of the release of funds to Barangay 128 and Barangay 653 as required by Section 6 of the Local Government Code which states that a local government unit may be created, divided, merged, abolished, or its boundaries substantially altered either by law enacted by Congress in the case of a province, city, municipality, or any other political subdivision, or by ordinance passed by the sannguniang panlalawigan or sangguniang panlungsod concerned in the case of a barangay located within its territorial jurisdiction, subject to such limitations and, requirements prescribed in this code".

WHEREAS, the Committee on Laws resolves the following findings and recommendation, to wit:

1. That the barangay-claimants are correct in claiming their rightful  shares over the accumulated fund of Real Property Taxes of previous years derived from commercial and industrial establishments within their respective territorial jurisdictions from the Trust Fund.
   
   
2. That this is not a case of creation, division, merging, abolition or substantial alteration as contemplated under Section 6 of the Local Government Code.
   
   
3. That in deference to the opinion of the Commission on Audit and to settle this matter once and for all, the member of this Committee recommends for the passing of the Ordinance declaring the territorial   jurisdiction of the respective barangay-claimants specifying therein the metes and bounds; thus, affirming the City Council Resolutions.
   
   
4. That the proposed draft Ordinance be amended by way of substitution in consonance with the preceding paragraph: NOW, THEREFORE;

Be it ordained by the City Council of Manila, in session assembled, THAT:

SECTION 1. It is hereby declared that all commercial and industrial establishments within the area around President Quirino Avenue to the North, including Ospital ng Maynila Medical Center, Manila Zoo and Paraiso ng Batang Maynila, Pablo Ocampo Street extending to Pedro Bukaneg Street to the South, including the Manila Harbor Square and Folk Arts Theater Complex, Manila Bay to the West, including the Philippine Navy Headquarters and Manila Yacht Club, Asuncion Street and portion of Leveriza Street extending to Adriatico Street to the East, including the Ninoy Aquino Stadium, Rizal Memorial Football Stadium and Rizal Memorial Sports Complex are within the territorial jurisdiction of Barangay 720, Zone 78, Disctrict V, Manila.

SEC. 2. City Council Resolution No. 23, Series of 2014, is hereby affirmed.

SEC. 3. Transitory Provision. - All income, governmental and corporate services of the aforesaid area, which is incidental to the passing of this Ordinance, shall be collected, delivered and performed by Barangay 720, Zone 78, District V, Manila.

SEC. 4. Separability Clause. - If for any reason or reasons, any provision of this Ordinance shall be held unconstitutional or invalid, other parts or provisions hereof which are not affected thereby shall continue to be in full force and effect.

SEC. 5. Effectivity Clause. - This Ordinance shall take effect upon its approval.

This Ordinance was finally enacted by the City Council of Manila on October 28, 2014.

PRESIDED BY:


ATTESTED:

     (Sgd.) LUCH R. GEMPIS, JR.
City Government Department Head III
      (Secretary to the City Council)

APPROVED BY HIS HONOR, THE MAYOR, ON NOV. 21, 2014.


ATTESTED:

     (Sgd.) EDWARD S. SERAPIO
City Government Department Head III
           (Secretary to the Mayor)