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ORDINANCES 2008
ORDINANCE
NO. 01, S. 2008
Sponsored by: SB Member Stephen
R. Antonio
AN ORDINANCE AMENDING SECTIONS 4(d), AND
SECTION 5 OF ORDINANCE NO. 3, S. 2000, AND SECTION 1 OF
ORDINANCE NO. 1, S. 2006, ENTITLED, “AN ORDINANCE CREATING A
SCHOLARSHIP PROGRAM FOR POOR BUT DESERVING HIGH SCHOOL GRADUATES
OF THE MUNICIPALITY OF GONZAGA”
Be it ordained by
the Sangguniang Bayan of Gonzaga, Cagayan in session duly
assembled; that
Section 1.
Sections 4(d), and 5 of Ordinance No.3, s. 2000 and Section 1 of
Ordinance No. 1, s. 2006 shall be amended and to read as
follows:
Section 4(d) –
applicant must present an Income Tax of his/her parents showing
the yearly income of not more than P50,000.00.
Section 5 – Twenty
(20) recipients, five (5) in every year level shall be chosen
every year.
Section 1 – Program of
assistance is hereby amended to include the provision of thesis/OJT
assistance of P3,000.00.
Section 5. Effectivity.
This Ordinance shall take effect upon approval.
UNANIMOUSLY APPROVE on its
third and final reading during the regular session of the
Sangguniang Bayan of Gonzaga, Cagayan this 10th day
of January 2008.
ORDINANCE NO. 02,
S. 2008
Sponsored by: SB Member Reginald Z. Somera
AN ORDINANCE
PROHIBITING THE USE OF THE PLANE SURFACE OF CEMENTED TOMB FOR
ANY MASONRY WORKS SUCH AS MIXING CEMENT AND GRAVEL IN ANY
CEMETERY WITHIN THE JURISDICTION OF GONZAGA, CAGAYAN
Be
it ordained by the Sangguniang Bayan of Gonzaga, Cagayan in
session duly assembled; that
Section 1. Title.
This ordinance shall be known as “An
Ordinance Prohibiting the Use the Plane Surface of cemented
Tomb for Masonry Works such as Mixing Cement and sand and gravel
in any cemetery within the jurisdiction of Gonzaga, Cagayan”.
Section
2. Prohibited Acts
It is
prohibited for any person to use plane surface of cemented tomb
for any masonry works such as mixing cement and gravel in any
cemetery within the jurisdiction of Gonzaga, Cagayan.
Section 3. Definition
of terms as used in this ordinance
a.
Tomb –
a
structure intended for the dead;
b.
Masonry –
any
activities or works that concern on cement, stones, sand and
gravel
Section 4. Penal
Provision.
Any person or group of persons violating any provision of this
ordinance shall be penalized as follows:
a.
1st
offense – fine of P 500.00
b.
2nd
offense –fine of P1,000.00
c.
3rd
offense – fine of P1,500.00
Section
5. Effectivity.
This
Ordinance shall take effect 15 days after approval and posting.
UNANIMOUSLY APPROVE on its third and final reading during
the regular session of the Sangguniang Bayan of Gonzaga, Cagayan
this 10th day of January 2008.
ORDINANCE NO. 03, S.
2008
Sponsored by: SB Member Reginald Z. Somera
AN ORDINANCE
PROHIBITING CLEANING/WASHING OF ALL TYPES OF VEHICLES INCLUDING
HEAVY EQUIPMENT ALONG THE WHOLE STRETCH OF WANGAG RIVER IN THE
MUNICIPALITY OF GONZAGA, CAGAYAN
Be
it ordained by the Sangguniang Bayan of Gonzaga, Cagayan in
session duly assembled; that
Section 1. Title.
This ordinance shall be known as “An
Ordinance prohibiting cleaning/washing of all types of vehicles
including heavy equipment along the whole stretch of Wangag
River, in the municipality of Gonzaga, Cagayan’.
Section
2. PROHIBITED ACTS
Cleaning and/or washing in the river of all types of vehicles
including heavy equipment along the whole stretch of Wangag
River is strictly prohibited.
Section 3. Penal
Provision. Any person or operator
caught violating this ordinance shall be fined as follows:
1.
First
offense - P1,000.00
2.
Second
offense – P1,500.00
3.
Third
offense –P2,000.00 and render community service for cleaning
debris within the Wangag River for 2 days.
Section
4. Repealing Clause
This ordinance repeal Municipal Ordinance No. 8, s. 1997,
entitled “an ordinance prohibiting cleaning/washing of vehicles
in Wangag river, specifically 500 meters upstream and 200 meters
downstream of Pateng bridge, Gonzaga, Cagayan”..
Section 5.
Effectivity Clause. This Ordinance
shall take effect 15 days after approval and posting.
UNANIMOUSLY APPROVED on its third and final reading
during the regular session of the Sangguniang Bayan of Gonzaga,
Cagayan this 17th day of January 2008.
ORDINANCE NO. 04, S. 2008
Sponsored by SB Member Vicky G. Collado and
SB Member Maximilla P. Agaceta
AN ORDINANCE PROVIDING FOR A LOCAL CODE ON
CHILDREN WELFARE OF THE MUNICIPALITY OF GONZAGA
ORDINANCE NO. 05,
S. 2008
Proposed by the Vice Mayor
Sponsored by: All Members
AN ORDINANCE AMENDING
SECTION 3, LETTER J OF ORDINANCE NUMBER 7, S. 2006 ENTITLED
“EQUIPMENT RENTAL 2006 OF THE MUNICIPALITY OF GONZAGA, CAGAYAN”
Be
it ordained, as it is hereby ordained,
by the Sangguniang Bayan of Gonzaga, Cagayan, in session duly
assembled, that:
Section
1. Title. This ordinance shall be
known as “ an ordinance amending Section 3, letter J of
municipal ordinance number 7, s. 2006 entitled; Equipment Rental
2006 of the municipality of Gonzaga, Cagayan
Section 2. Declaration
of Principles
The
country is in a state of rice crisis triggered by the ballooning
demand for this staple food of the Filipinos by the country’s
hugepopulation and unstoppable conversion of productive
agricultural lands into commercial and residential;
The
municipality of Gonzaga is gifted with vast tract of plain
vegetated lands available for conversion into productive
agricultural lands including fishponds but the restrains is how
to motivate interested individuals to go through the activity
because of the high cost of equipment rental and fuel;
The municipal
government of Gonzaga has ready available equipments that will
transform these lands into productive subject however, to the
provisions of municipal Ordinance Number 7, s. 2006 before any
individual could avail of their services;
Section 3.
Amendatory Section. Ordinance Number
7, s. 2006, Section 3, letter (j) shall be amended as follows;
(j)
When the requesting party is barangay, a farmer’s association,
organization or group within the municipality duly accredited by
the Sangguniang Bayan and if the project is undertaken by the
barangay, farmer association, or any duly accredited association
or group or individual who wishes to transform or convert
his parcel of land into productive agricultural land,
the rental is free of charge at the discretion of a
special committee created for such purpose composed of the
Municipal Mayor who will act as Chairman, or his duly authorized
representative, the Municipal Engineer, the MPDC and the GSO as
members, PROVIDED:
1.
That the requesting
barangay, farmer’s association, accredited association or group
shall shoulder all the expenses for fuel and lubricants of the
equipment to be used.
2.
That the project which is
the subject of the lease contract is mainly and wholly funded by
barangay fund or accredited association’s fund of the lessee.
However, if and when the Barangay/ Farmer association has no
funds at all and incapable in the implementation of a
very urgent, extremely necessary and top priority infrastructure
project in order to prevent the loss of life and properties
as certified by the special committee, the equipment maybe used
by the barangay or farmer association free of charge
except the expenses for fuel and lubricants.
3.
That
individuals who intends to transform his land into agricultural
lands must have at least ½ hectare but not more than 1 hectare
to convert. All excess of land area converted shall be subject
to Section 2 of Ordinance No. 7, s. 2006. To determine the
feasibility and profitability of the land, all lands to be
converted shall be evaluated, asses and certified by the Office
of the Municipal Agriculture office and lands converted shall
be utilized or transformed only as commercial or residential
lands after 20 years of cultivation. Violators of this
paragraph shall be fined P2,500.00.
PROVIDED
FURTHER, that the requesting
Barangay or accredited association or individuals
shall pay the corresponding salary of operators/drivers for the
days they served during Saturday, Sunday and Holiday.
Section
4. Effectivity Clause. This
ordinance shall take effect 30 days from its approval and
posting.
UNANIMOUSLY APPROVED on its third and final reading during
the regular session of the Sangguniang Bayan of Gonzaga, Cagayan
this 17th day of April 2008.
ORDINANCE NO. 06, S. 2008
Sponsored by: SB Member Vicky
G. Collado
AN ORDINANCE CREATING A GENDER AND DEVELOPMENT
(GAD) FOCAL POINT IN THE MUNICIPALITY OF GONZAGA, CAGAYAN UNDER
THE OFFICE OF THE MAYOR AND APPROPRIATING FUNDS FROM THE ANNUAL
BUDGET OF 2008 AND EVERY YEAR THEREAFTER
ORDINANCE No. 07,
S. 2008
Sponsored by SB Member
Vicky G. Collado
AN ORDINANCE PROVIDING
PROTECTIVE MEASURES ON DOMESTIC VIOLENCE AND FOR OTHER PURPOSES
ORDINANCE No. 08, S. 2008
Sponsored by SB Member Maximilla P. Agaceta
AN ORDINANCE ADOPTING
THE 2008 SENIOR CITIZENS CODE OF GONZAGA, CAGAYAN
Be it ordained,
as it is hereby ordained, by the
Sangguniang Bayan of Gonzaga, Cagayan, in session duly
assembled, that:
Chapter I
GENERAL PROVISIONS
Section
1. Title. This ordinance shall be
known as - Senior Citizens Code of
Gonzaga, Cagayan
Section 2. Declaration
of Principles
a. Article XV, Section 4 of the
Constitution of the Philippines states that it is the duty of
the family to take care of its elderly members, while the state
may design programs of social security for them.
b.
Article XIII Section 11 in the declaration Principles and state
policies provides;
(1). “The state shall adopt an integrated and
comprehensive approach to health development which shall
endeavor to make essential goods, health, and other social
services available to the people at affordable cost.
(2). There shall be priority for the needs of under
privileged, sick, elderly, disabled, women and children.
c.
Local Government Code of 1991 under the operational principle
of decentralization provides that the capabilities of LGU’s
shall be enhanced to participate actively in the implementation
of national programs and projects.
Section
3. Policies. - Inconsonance with the
above declaration of Principles the following are the declared
policies of this code.
a.
To motivate and maximize the contributions of senior citizens
to nation building.
b.
To encourage and prop up senior citizens to actively
participate and involve themselves in socio-cultural programs
and projects of LGU, Gonzaga.
c.
To strengthen and reaffirm the Filipino value of caring for
the senior citizens.
d.
To recognize the rights and privileges of senior citizens and
provide full support for the attainment of these rights and
priviledges.
e.
To provide a comprehensive healthcare and rehabilitation system
for the disabled and very indigent non-pensioner senior
citizens.
f.
To inspire and foster their well and capacity to attain a more
meaningful productive aging and for them to enjoy the twilight
years of their life.
g.
To continually realize the importance of senior citizens in
our society and give them the reverence they deserve.
h.
To engage the participation and partnership of the private
sectors, non-government organizations and people’s organization
in promoting the welfare and well being of senior citizens.
Section 4.
Purpose of this code. - Within
Gonzaga Cagayan, this code shall cover and govern the
implementation of:
a.
Republic Act. No. 7432, Senior Citizens Act.
b.
Republic Act. No. 9257, Expanded Senior Citizens Act of 2003
c.
Implementing Rules and Regulations covering the said Act
d.
Constitution and By laws of GOFESCA
e.
Implementing Rules and Regulations covering the implementation
of the Mutual Aid System in the GOFESCA
Section
5. Meaning of Acronyms. - As used in
this code, for brevity the following acronyms shall mean.
GOFESCA - Gonzaga Federation of Senior Citizens
Association
SCA
- Senior Citizens Association
OSCA
- Office of Senior Citizens Affairs
Section
6. Definition of Terms. - For
purposes of this code and as defined in the IRR that covers RA
7432, and RA 9257, and Constitution and By laws of GOFESCA, the
following terms shall mean:
Accredited NGO - private, non-profit
organization be it regional or national in scope mainly
providing services to senior citizens and duly registered with
SEC and accredited by DSWD
Chapter II
RIGHTS OF SENIOR
CITIZENS
Section
7. Rights of Senior Citizens. - All
senior citizens shall be entitled to the rights herein set forth
without discrimination as to ethnic origin, sex, social status,
religion and political antecedents.
a.
Every senior citizen is
endowed with dignity and worth and therefore has the right to be
respected by younger members society.
b.
Every senior citizen must
be provided with love, are, understanding and moral security.
c.
Every senior citizen has
the right to a well rounded development of his personality so as
to become a happy useful and active member of society.
d.
Every senior citizen has
the right to decent shelter, medical attention and to the basic
physical requirements of a healthy and vigorous life.
e.
Every senior citizen has
the right to be in an atmosphere of morality and rectitude to
strengthen his morale and character.
f.
Every senior citizen has
the right to full opportunities for safe and wholesome
recreation and for a profitable and wholesome use of leisure
hours.
g.
Every senior citizen has
the right to protection against exploitation and conditions
prejudicial to physical, mental, emotional, social preservation.
h.
Every senior citizen has
the right to live as free individual, in an atmosphere of peace,
love and brotherhood.
i.
Every senior citizen has
the right to exposure to political government to strengthen his
faith in democracy and respect for authorities.
j.
Senior citizens has the
right to form Associations, barangay chapters and municipal
federation to promote their common good.
Section 8.
Senior Citizens ID - (identification
card) Every qualified senior citizen has the right to be issued
a valid and duly signed Senior Citizens I.D. as a proof of his
being a senior citizen, and who shall be entitled to all rights
and privileges.
a.
I.D.
card is not transferable
b.
I.D.
card when lost shall be reported to OSCA for replacement
c.
I.D. of
dead senior citizens shall be surrendered to OSCA for
appropriate recording.
Chapter
III
PRIVILEGES OF A SENIOR
CITIZEN
Section 9. Discounts
from Establishments
Every Senior Citizen of Gonzaga shall be entitled to discounts
upon presentation of I.D.
a. 20%
discounts in hotels and other similar lodging establishments.
b.
20% discounts in restaurants established nationwide like
Jollibee, Chowking,
MAX, McDonald, Greenwich etc.
c.
20% discounts in big and established theatres
d.
20%
discounts in hospitals, drug stores, pharmacies, medical and
dental clinic provided services shall be supported with
1.
Doctors
prescription
2.
purchase
booklets issued by OSCA
3.
Senior
citizens 1.D card
4.
Authorization in the absent of a patient senior citizen.s
e.
20%
discount Public land transportation like Florida buses, CALTRANS,
Palpallatoc Trans.
f.
20%
discount on tricycles belonging to GOTODA
g.
20%
discount on sea and air transportation
Section
10. Special Discount on basic and Prime Commodities. -
Pursuant to guidelines of DTI, every senior
citizen shall be entitled to 5% discount on purchase of basic
necessities and prime commodities purchased in big grocery
stores of the municipality upon presentation of:
a.
I.D card
b.
Purchase
booklets issued by OSCA
Provided that total amount
of purchase shall not exceed P650.00 per calendar week without
carry over of unused amount.
Section 11.
Posting of Information Posters -
All concerned establishments covered by Senior Citizens Act
shall post a poster inform the public that the establishment
grant 20% discount to Senior Citizen.
Business
Permit and licensing office will include the posting of Posters
as a requirement for the issuance of permits.
Section 12.
Purchase Booklets. - Purchase
booklets shall be issued by OSCA/DSWD to senior citizens duly
signed by authorities concerned. There booklets shall be
presented upon purchase of medicine or prime commodities.
Chapter IV
OTHER PRIVILEGES AND
EXEMPTIONS
Section 13 .
Express lanes - In big
establishments provisions for express lane and special counters
for senior citizens shall be established with placards marked
“Senior Citizens Counter.
In offices in
the LGU, Senior Citizens shall be accommodated ahead of younger
customers to save them from pressures of long waiting.
Section
14. Income Tax Exemptions
A senior citizen shall be entitled to
exemption from payment of individual income tax provided that
the taxable income (annual gross income, compensations business
income) does not exceed the poverty level (Sec. 22 of NIRC).
Section
15. Phil Health Benefits
All senior citizens living below the
poverty level who are non-pensioner shall be entitled to a Phil
Health cards and Phil health benefits
Section
16. Assistance to Senior Citizens
Pensioners. – The office of DSWD and
MIO shall assist senior citizens pensioner to be granted
continuance in the payment of SSS & GSIS pensions of senior
citizens.
Section
17. AIC Assistance. - Senior
Citizens living below poverty level in cases of emergency shall
be extended financial assistance from the local Government Unit
thoughts its AICs program (Aids in Crisis Situations)
Section
18. Mortuary Assistance – Senior
citizens who are members of the Mutual Aid System of the
GOFESCA upon death shall be extended Mortuary Assistance from
the LGU to be given to the family which shall be used to defray
incidental expenses incidental to the death of the senior
citizen. The amount is discretionary upon the LCE and to be
sourced out from the 1% share of Senior Citizen in the fiscal
budget.
Section
19. Exemption from Community Work Activities
A senior citizen shall be exempted
from being fined for not working in barangay projects like
construction, beautification where the work needs strenuous work
or activity.
Chapter
V
RESPONSIBILITIES OF
SENIOR CITIZENS
Section 20 –
Responsibilities of Senior Citizen
Every senior citizen regardless of sex
social status, creed, political antecedents, for as long as he
is capable physically and mentally shall:
a.
maintain and uphold
virtuous life in accordance in his religious beliefs and the
dictates of clean conscience.
b.
Love, respect and care for
his family sharing them the wisdom and expertise to strengthen
family unity, harmony and solidarity.
c.
Exert best efforts,
capabilities, wisdom and strength, to serve his country and
fellowmen.
d.
Respect fellowmen,
customs, traditions, beliefs and obey duly constituted
authorities.
e.
Involve himself actively
in affairs of community, help promote welfare, share gained
wisdom and expertise in making Gonzaga a good place to live in.
f.
Help observe and practice
human rights, foster cooperation for the pursuit of common good.
Chapter
VI
CONTRIBUTION OF SENIOR
CITIZENS TO THE COMMUNITY
Section 21 – Senior
Citizens contribution to the community.
Any
qualified physically mentally capable senior citizen shall
render voluntary services to the community which shall consist
but not limited to any of the following:
a.
tutorial
or consultancy service relative to his line of expertise or
profession
b.
actual
sharing or teaching of gained expertise and skills that could
help others gain income and start a small business
c.
serves
as educators in learning centers
d.
Acts as
resource speakers or guest speakers in programs.
e.
Help
formulate plans and programs for community developments and for
income generating projects.
f.
Solicit
grants/donations from local and foreign foundations for
municipal as well as senior citizens project.
Chapter VII
OFFICE OF SENIOR
CITIZENS AFFAIR
Section 22.
Creation of OSCA – Under the Office
of the Mayor. Section 7 of RA 7432 provided for the creation of
OSCA subsequently. In Gonzaga the OSCA is created under the
office of the Mayor with the DSWD as its assisting agency.
Section
23. Office of OSCA – In Gonzaga the
Office of OSCA though under the office of the Mayor and assisted
by the DSWD has its office at the GOFESCA Day Center.
Section 24. Functions
of OSCA
a.
Plan, implement and
monitor the yearly workplan of OSCA as well as GOFESCA.
b.
Draw a list of services
that could be extended to senior citizens.
c.
Make a Masterlist of
senior citizen their capabilities and what they can do for the
senior citizens and the municipality.
d.
Serves as information
center of Senior Citizens in Gonzaga.
e.
Report violations of the
RA7432 & RA 9257 to the mayor.
f.
Assist Senior Citizens in
filing complaints for violations of these laws and assist in the
investigations of these fraudulent practices and violations.
g.
Establish linkages with
Pos and NGO’s regarding Senior Citizens Welfare.
h.
Seek assistance from local
and foreign organization in the pursuits of programs that
benefits Senior Citizens.
i.
Organize Senior Citizens
Associations on the barangay level and have it federated in the
municipal level.
j.
Encourage the SCAs to
establish programs that promote elderlies welfare in their
barangays.
k.
Help campaign membership
for special program of senior citizens like the financial mutual
aid system.
Section
25. Qualification of OSCA Head - A
qualified senior citizen shall be appointed by the mayor to head
the OSCA who must possess the following qualification:
a.
The senior citizen must be
a natural born Filipino Citizen and must have resided in
Gonzaga for at least 1 year.
b.
He must be a registered
voter of Gonzaga.
c.
He must be able to read
and write.
d.
He must be physically
socially and mentally fit.
e.
He must be an active
member of a senior citizen association in Gonzaga.
Section
26. Manner of Selection and appointment of OSCA head –
In a general assembly of GOFESCA, 3 shall be
chosen. The names of the 3 candidates shall be forwarded to the
Sanggunian Bayan. Sanggunian Bayan shall choose one and forward
it to the office of the mayor for appointment. If the LCE
rejects him, the selection shall again undergo the selection
process until an OSCA head is appointed.
Section
27. Term of Office of OSCA head -
The Osca head of Gonzaga shall have a term of office of 3 years
which is co-terminus with the appointing officer without
reappointment. However, incase of death or permanent disability,
the remaining term shall be served by the new appointee who have
undergone the selection process. The new appointee shall be
reappointed if he has not served for ½ of the full term.
Section
28. Operation and Maintenance of the
OSCA. The necessary appropriation for the operation of the
OSCA is appropriated in the 20% Development fund under social
service for elderly, and disabled. The OSCA head shall receive
an honorarium of P3,000.00 monthly as provided for in
Resolution No. 121, s. 2007.
Section
29. Supervision and Assistance to
OSCA. The office of the mayor shall exercise supervision
over the OSCA relative to their plans, program and activities
for senior citizens of Gonzaga. The DSWD shall be the
assisting agency for the OSCA.
Chapter VIII
CREATION OF GOFESCA
AND BARANGAY SCA
Section 30.
Creation of Barangay SCA. – There
shall be created in every barangay a senior citizens association
to be called SCA barangay chapter. Each barangay chapter shall
be governed by set of officers namely the president, vice
president, secretary, treasurer who shall automatically become
members of the Officer’s assembly of GOFESCA.
Section
31. Creation of GOFESCA. – The 25
barangay SCA chapters shall be federated on the municipal level
called GOFESCA. A set of officers shall be elected in a general
assembly namely president, vice president, secretary, treasurer
and its assistant, auditor, PRO, Bus. Manager bookkeeper. The
Board of Directors shall be composed of 25 presidents of the 25
chapters.
Section
32. Term of Office of Officers of GOFESCA and the Barangay
Chapters. – The officers of GOFESCA
and its barangay chapters shall have a term of office of 3
years, which is co-terminus with the elected officials of the
municipality.
Section 33.
Function of GOFESCA and the Barangay Chapters.
Accordingly the GOFESCA will help facilitate the
implementation and attainment of policies and objectives of this
code such as:
a.
establish a mechanism
whereby contributions of senior citizens are maximized.
b.
Adopt measurers whereby
Senior Citizens are assisted and supported by the community.
c.
Establish programs
beneficial to senior citizens, their families and the community
they live in.
d.
establish community –
based health and rehabilitation programs for senior citizens
e.
establish self-sustainable
pro-poor mutual aid system. Applicable to all members of the
Mutual Aid System with good financial standing.
f.
Adopt plans, programs and
projects and implement the same for the benefit of Senior
Citizen members.
Section 34.
Supervision of GOFESCA and the barangay chapters.
The GOFESCA shall be under the direct supervision
of the OSCA head and the focal person of DSWD for senior
citizens affairs.
Section
35. Office of GOFESCA and the
barangay chapters. The GOFESCA holds Office at the GOFESCA day
center. Barangay chapters report to this center every Sunday
and Wednesday morning to thresh out solutions to problems
arising in their organization.
Chapter
IX
CREATION OF COMMITTEE
FOR SENIOR CITIZEN IN THE SANGGUNIAN BAYAN OF GONZAGA.
Section 36.
Creation of a Committee for Senior
Citizen in the Sangguniang Bayan and Sanggunian barangays.
There shall be
created a committee for senior citizen in the Sanggunian Bayan
and Sanggunian barangay.
The chairman shall be chosen from members of Sanggunian bayan
members preferably a senior citizen.
Section 37. Function
of Committee on Senior Citizen’s Affair in the Sanggunian Bayan.
a.
The committee shall be the
coordinating agency for the municipality/barangay with the OSCA
relative to the implementation of programs and of OSCA and sees
to it that Senior Citizens enjoy their rights, privileges
granted to them by law.
b.
They initiate legislative
measures that could benefit the senior citizens of the
barangays/municipality.
Chapter X
CREATION OF THE
MUNICIPAL COUNCIL FOR THE ELDERLIES IN GONZAGA.
Section 38.
Senior Citizens Council. Pursuant to
Section 458 sub. Paragraph 5 (VII) of the Local Government Code
there shall be established in the municipality a council for the
Elderlies in Gonzaga which shall be composed of:
Chairman
- - - - - - Mun. Mayor
Vice
Chairman - - OSCA Head
Municipal Social
Welfare & Development Officer
Members
- - - - - - President of GOFESCA, Municipal Health Office, SB
Chair, Com.
of Senior Citizen
Section 39. Function
of Senior Citizen Council
a. Designate the date
of assembly for the selection of OSCA Head and election Officers
of GOFESCA and barangay chapters.
b. Formulate policies
and adopt measurers that mutually benefit the elders and the LGU
c. Coordinate,
monitor the implementation of programs and project of senior
citizens.
d. Investigate, solve
problems arising in the GOFESCA and barangay chapters
Chapter
XI
RESPONSIBILITY AND
PROGRAMS OF THE LGU OF GONZAGA FOR ITS SENIOR CITIZENS.
Section 40. LGU
responsibility – The Senior Citizens
Act mandates the LGU to be responsible in ensuring that the
provision of RA 7432 & RA 9257 are implemented to the fullest
Section 41.
Municipal Programs for Senior Citizens.
The Municipal Government of Gonzaga has the following programs,
projects and legislative measures for its Senior Citizens.
a.
Resolution No. 121, S, 2007 granting honorarium
to OSCA head
b.
Accreditation of GOFESCA as non government Organization (Res.
No. 63, S, 2007)
c. MDC
res. No. 1, S. 2005 appropriating 100 thousand to continue the
construction of GOFESCA day center
d.
Giving mortuary assistance to the families of deceased senior
citizen, a yearly program since year 2000.
e.
President Arroyo granted P100.000.00 to complete the
construction of GOFESCA building in answer to resolution No.
142, S. 2004.
f.
LGU donated part of the municipal lot for the
construction of GOFESCA day center in 2004.
g.
Resolution No. 20, s. 2008, requesting for medicines for senior
citizens
Chapter XII
APPLICATION OF
PENALTIES
Section 42.
Fines/Penalties for Violations of part of this code.
a. For not
granting 20% discount on fares to senior citizens
1st Offense P
500.00
2nd Offense 1,000.00
b. Penalty for
tricycle not to give 20% discount fare
1st Offense 100.00
2nd Offense
200.00
c.
Penalty for not granting
5% discount for purchase of prime Commodities.
1st
Offense 100.00
2nd
Offense 200.00
d.
Penalty for failure to
post posters on discounts on establishments selling prime
commodities and 20% discount on drugs and medicines:
1st
Offense 100.00
2nd
Offense 200.00
e.
Penalty for Transportation
facilities for not granting 20% on fares
1st
Offense 500.00
2nd
Offense 1,000.00
f.
failures of drugstore and
groceries for not providing special counters
for senior citizens.
1st Offense 100.00
2nd Offense 200.00
g.
failure of lodging inns to
give 20% discount to Senior Citizen travelers
1st
Offense 500.00
2ndOffense
1,000.00
Chapter XIII
FINAL PROVISIONS
Section
43. Repealing clause – All
ordinances, executive orders, rules and regulations or parts
there of that will be contrary to or inconsistent with any
provision of this code are hereby repealed or modified
accordingly.
Section
44. Separability clause - Should any
part of this code be held to be unconstitutional and declared
null and void, other parts or provision which are not affected
shall continue to be in full force and effect
Section
45. Effectivity Clause – This code
shall take effect fifteen days after approval and upon
completion of the prerequisite for posting and publication.
UNANIMOUSLY
APPROVED on its third and final reading during the regular
session of the Sangguniang Bayan of Gonzaga, Cagayan this 29th
day of May 2008.
ORDINANCE No. 09,
S. 2008
Sponsored by: SB Member
Jose G. Saniatan
AN ORDINANCE AMENDING
SECTIONS 2G.02 AND 2G.03 0F ARTICLE G, CHAPTER II OF THE CODE OF
GENERAL ORDINANCES OF GONZAGA, CAGAYAN ENTITLED “REGULATING THE
CONSTRUCTION OF HUMPS OR PLACING ANY PROTUBERANCE ON PUBLIC
ROADS”
Be it ordained,
as it is hereby ordained, by the
Sangguniang Bayan of Gonzaga, Cagayan, in session duly
assembled, that:
Section
1. Title. This ordinance shall be
known as “ an ordinance amending Sections 2G.02 and 2G.03 of
Article G, Chapter II of the Code of General Ordinances of
Gonzaga, Cagayan entitled “regulating the construction of humps
or placing of any protuberance on public roads”
Section II.
Declaration of Policy. This
ordinances shall govern and regulate the construction of humps
or any form of protuberance in all roads in the municipality of
Gonzaga, including the maintenance of the necessary paintings to
ensure visibility to motorists.
The
ordinance shall apply to all person or group of persons, school
heads, head of hospitals or businesses, barangay officials and
organizations who has the intention to construct humps or any
protuberance in the roads.
Section 2G.02.
Administrative Provisions.
1.
Any person or group of
persons, natural or juridical desiring to construct humps or
place any kinds of protuberance on any
public road shall file an
application for that purpose with the office of the Municipal
Mayor thru the office of the Municipal Engineer;
2.
Upon receipt of the said
application, the Municipal Engineer or his duly authorized
representative shall coordinate with the Officer in-Charge of
Traffic Management Unit of the PNP-Gonzaga Police Station to
discuss the merits of the application. Thereafter, their joint
or individual recommendations shall be submitted to the
Municipal Mayor;
3.
All application to
construct humps or any form of protuberance shall be subscribed
by any legal practitioner specifying the duties of the person or
group of persons his/their lifetime duty to maintain the
stability and paintings of the hump or protuberance;
4.
No permit by the Mayor on
this shall be issued without the written recommendation of both
the municipal Engineer and the Officer in charge of Traffic
Management Unit of the PNP-Gonzaga.
5.
All
existing humps or protuberance in all public roads of the
municipality unofficially constructed prior to the enactment of
this ordinance and or did not go through the processes
prescribed in this section be immediately demolished by the
Office of the Municipal Engineer.
6.
No person shall place
obstruction materials like wood, stones along roads, especially
if these are utilized as solar drier for farm produce.
Section 2G.03. Rules
and Regulations:
1.
The
Municipal Engineer shall determine the appropriate specification
as to the thickness, width and length including the design of
paints to be applied to the hump or protuberance to be
constructed or placed;
2.
If in cases, person or group of persons who
signifies intention and to execute affidavit under oath his
determination to adhere to item number 3 of Section 2G.0, the
Municipal Engineer is hereby authorized to alter or modify the
existing humps or protuberance on any municipal or barangay
roads to conform the necessary specifications as prescribed by
his office;
3.
The
Municipal Engineer and the Officer in-charge of Traffic
Management Unit of the PNP-Gonzaga Police station shall issue
other necessary rules and regulations or implementing guidelines
for the effective enforcement of this ordinance.
Section
3. Effectivity.
This ordinance shall take
effect 15 days after approval and posting.
UNANIMOUSLY APPROVED on its third and final reading
during the regular session of the Sangguniang Bayan of Gonzaga,
Cagayan this 5th day of June 2008
ORDINANCE NO. 10, S.
2008
Sponsored by All Members
AN ORDINANCE AMENDING
ORDINANCE NO. 04, S. 2006 (“PERMIT FEES ON TRICYCLE OPERATION”)
Be it
ordained by the Sangguniang Bayan of Gonzaga, Cagayan, in
session duly assembled that:
Section I.
Section I of Ordinance No. 04,s. 2006 is hereby amended to read
as follows:
Section 3 K.03; (F): Rules and Regulations. (1); To provide the
operator a reasonable return or profit and still be affordable
to the general public, the official fare to be adopted shall be
a minimum fee of P9.00 for regular passenger; P7.00 for
students and senior citizens; and P 5.00 for pupils in the
elementary, within the poblacion where it is less than 4
kilometers radius.
Section 2.
EFFECTIVITY: This ordinance shall
take effect upon its approval.
APPROVED this 26th day of
June 2008 at Gonzaga, Cagayan.
ORDINANCE NO. 11, S. 2008
Sponsored by: SB Member Vicky G. Collado
AN ORDINANCE PROVIDING FOR A LOCAL CODE ON
GENDER AND DEVELOPMENT OF THE MUNICIPALITY OF GONZAGA,
CAGAYAN
ORDINANCE NO. 12,
S. 2008
Sponsored by: SB Member
Stephen R. Antonio
AN ORDINANCE
PROHIBITING THE PARKING OF BICYCLE, MOTORCYCLE, TRICYCLE OR
PEDICAB INSIDE THE OLD AND NEW PUBLIC MARKET BUILDINGS OF THE
MUNICIPALITY OF GONZAGA, CAGAYAN
Be it ordained,
by the Sangguniang Bayan of Gonzaga,
Cagayan, in session duly assembled, that:
Section
1. Title. This ordinance shall be
known as “An Ordinance Prohibiting the parking of Bicycle,
Tricycle, Motorcycle or Pedicab inside the old and new Public
Market Buildings of the municipality of Gonzaga, Cagayan;
Section
2. Prohibited Act
No person shall be allowed to park bicycle, motorcycle,
tricycle, or pedicab inside the old and new public market
buildings of the municipality of Gonzaga, Cagayan.
Section
3. Exemption
Owner of
bicycle, motorcycle, tricycle or pedicab may be allowed to park
inside the old and new public market buildings of the
municipality for a short period of time during non-market days
and during inclement weather for humanitarian reasons.
Section
4. Definition Of Terms:
1.
Bicycle – a
vehicle with 2 wheels propelled with pedals;
2.
Motorcycle –
a motor vehicle similar to a bicycle
3.
tricycle – a
three-wheeled motorcycle
4.
pedicab – a
three-wheeled public conveyance operated by pedals
Section
5. PENAL CLAUSE
Any person found
violating this ordinance shall be penalized as follows:
1.
1st
offense – P200.00
2.
2nd
offense – P500.00
3.
3rd
and succeeding offenses – P1,000.00
Section 6. Effectivity.
This ordinance shall take
effect 15 days after approval.
UNANIMOUSLY APPROVE on its
third and final reading during the regular session of the
Sangguniang Bayan of Gonzaga, Cagayan this 28th day
of August 2008.
ORDINANCE NO. 13,
S. 2008
Sponsored by: SB Member
Stephen R. Antonio
AN ORDINANCE GRANTING
FINANCIAL ASSISTANCE IN THE AMOUNT OF P10,000.00 TO THE
FAMILY OF ALL BARANGAY VOLUNTEER WORKERS INCLUDING
TRAINED MDCC VOLUNTEERS WHO DIE IN ACTIVE DUTY
Be
it ordained, by the Sangguniang
Bayan of Gonzaga, Cagayan, in session duly assembled, that:
Section 1.
Title. This ordinance shall be known
as “An Ordinance granting financial assistance in the
amount of P10,000.00 to the family of all barangay
volunteer workers including trained MDCC volunteers who die
in active duty.
Section
2. Declaration of Policy. It is
declared as the policy of the municipal government of
Gonzaga, Cagayan
a) to recognize the
significant role that barangay volunteer workers play in
barangay development and in the delivery of basic
services of our municipality.
b) to extend financial
aid to these barangay volunteer workers upon compliance
with the requirements.
Section
3. Definition of Terms
1.
Barangay Volunteer
Workers include barangay tanods, Barangay Health Workers,
Barangay Nutrition Scholars, Barangay Day Care Workers,
Barangay Human Rights Action Officer, Barangay Lupong
Tagapamayapa, and trained MDCC volunteers.
Section 4.
Requirements to avail the financial assistance, the
recipient shall submit the following:
a)
death certificate
b)
appointment
c)
certification of the
barangay captain that said volunteer worker is in active
service at the time of death.
Section 5.
Eligible recipients. Recipients shall be
any of the following :
1.
spouse if the volunteer
worker is married
2.
eldest child living with
the volunteer if the volunteer is a widow or widower.
3.
any of the parents if
the volunteer is single
Section 6. Source of
Funds
Funds for the purpose shall come from the grants and
aids of the Office of the Mayor.
Section
7. Effectivity. This ordinance shall
take effect fifteen (15) days after approval and posting.
UNANIMOUSLY
APPROVE on its third and final reading during the regular
session of the Sangguniang Bayan of Gonzaga, Cagayan this 18th
day of September 2008.
ORDINANCE NO. 14,
S. 2008
Sponsored by: SB Member
Pablo I. Salum
AN ORDINANCE ENACTING
THE RABIES PREVENTION AND CONTROL PROGRAM FOR THE MUNICIPALITY
OF GONZAGA, CAGAYAN
Be
it ordained, by the Sangguniang
Bayan of Gonzaga, Cagayan, in session duly assembled, that:
SECTION I.
Title. This ordinance shall be known
as “Rabies Prevention and Control
Program for the Municipality of Gonzaga”.
SECTION 2.
Definition of Terms – for the purpose
of this ordinance, the following
terms shall mean:
1.
Rabies – refers to a highly fatal
disease caused by a Lyssa Virus transmitted mainly through the
bite of an infected dog characterized by muscle paralysis,
hydrophobia, and Aerophobia, and other neurological
manifestations.
2.
Dog
– refers to a quadrupled domestic animal belonging to order
carnivora (male or female) scientifically known as canis
familiaris.
3.
Vaccination against rabies – the
inoculation of a dog with rabies vaccines.
4.
Owner/possessor of the dog – shall
mean any person keeping, harboring or having charge or control
of, as permitting any dog to habitually be or remain or be
lodged or fed within such person house, backyard, or premises.
5.
Impound – refers to seize and hold in
the custody of the law.
6.
Public place – refers to any place
open to the public like, park, schools, markets, streets etc.
7.
Stray dog – refers to any dog leaving
its owner’s place or premise and no longer under the effective
control of the owner.
8.
Enclosed property/premises – refers to
an appropriately fenced property wherein dog cannot leave the
premises freely.
SECTION 3. DUTIES AND
RESPONSIBILITIES OF OWNERS/POSSESSORS
OF DOGS
1.
Have their
dog regularly vaccinated against Rabies and maintain a
registration card which shall contain all vaccinations conducted
on their dog for accurate record purposes. Upon reaching the age
of three (3) months or older and prior to registration at the
Office of the Barangay Chairman, the owner of the dog shall
submit their dog/s for vaccination to the Office of the
Municipal Agriculture Officer and/or Municipal Health Officer or
private veterinarian for anti-rabies vaccination who will issue
a Certificate of Vaccination.
2.
Certificate
of Registration will be issued by the Barangay Chairman to
individual dog owned or possessed by any person upon payment of
Registration Fee in the amount of Php5.00 to the Barangay
Treasurer. In case the dog is brought or imported into the
barangay, the same shall also be registered within 5 days from
the time such animal arrived/brought or imported in the barangay.
It is the duty of the Barangay Chairman to submit list of dogs
registered in his barangay on a quarterly basis to the Office of
the Municipal Health Officer
3.
To report
immediately within 24-hours to the Office of the Municipal
Health Officer any dog biting incident for investigation and
place such dog under observation by a veterinarian.
4.
To assist
the dog bite victim immediately and shoulder all the medical
expenses incurred and other incidental expenses relative to the
victim’s injuries, provided that the dog biting incident
happened outside of his enclosed premises or
property, otherwise the cost of treatment and dog examination
shall be left to the agreement made between the owner and
bitten victim.
SECTION 4.
MANDATORY LEASHING OR CONFINEMENT OF
DOGS
1.
Immediately
upon effectivity of this Ordinance, owners/possessors of dog
are ordered to leash or provide appropriate confinement of their
dogs within the premises of the owner’s house, or owner’s fenced
surroundings purportedly to curtail and prevent acquisition or
transmission of diseases by direct contact. Any owner/possessor
who fails to leash or confine his dog shall be responsible for
the disease that his animal may have acquired or transmitted or
any incident that may arise in relation hereto by reasons of his
refusal to comply herewith.
SECTION 5.
IMPOUNDING OF STRAY DOGS.
Stray dogs freely
wandering and roaming in public place shall be caught, seized
by the Barangay Council/Barangay Tanods and impounded in a
Dog Pound in the Barangay .
SECTION 6.
PENALTIES.
The following penalties
shall be imposed for any violation of these provisions of the
Ordinance and penalties collected shall accrue to the funds of
the concerned barangays where violations were done;
1.
Owners/Possessors of Dogs who fail or refuse to have their dog
registered and immunized/vaccinated shall be punished by a fine
of P2,000.00.
2.
The owner of
the dog which has bitten any person shall be responsible for the
treatment and related expenses incurred by the victim, provided
that the dog biting incident happened outside of his enclosed
premises or property, otherwise the cost of treatment and dog
examination shall be left to the agreement made between the
owner and bitten victim.
3.
An impounded
dog caught roaming in public places shall be released to its
owner upon payment of a fine not less than P500.00 but not more
than P1,000.00 while an impounded unregistered dog shall be
humanely destroyed or placed for adoption to qualified persons
subject to the pertinent provisions of Animal Welfare Act of
1998.
SECTION
7 SEPARABILITY CLAUSE.
In case any provisions of
this ordinance is declared unconstitutional or invalid, the
other provisions hereof not so affected shall remain in full
force and effect.
SECTION
8 EFFECTIVITY .This ordinance
shall take effect ten (10) days after approval and posting
including the daily announcement by the town radio (DWTG) for 2
weeks.
UNANIMOUSLY
APPROVE on its third and final reading during the regular
session of the Sangguniang Bayan of Gonzaga, Cagayan this 25th
day of September 2008.
ORDINANCE NO. 15, S. 2008
Sponsored by: SB Member
Stephen R. Antonio
AN ORDINANCE
PROHIBITING THE PLACING OF ANY METAL, GADGET OR CONCEALED
MATERIALS IN A WEIGHING SCALE (BASKULA) IN SUCH A MANNER AS TO
REFLECT A GREATER WEIGHT OTHER THAN THE TRUE WEIGHT OF ANY GOODS
OR MERCHANDISE
Be it ordained,
by the Sangguniang Bayan of
Gonzaga, Cagayan, in session duly assembled, that:
Section 1.
Title. This ordinance shall be known
as “An Ordinance prohibiting the placing of any metal, gadget or
concealed materials in a weighing scale in such a manner as to
reflect a greater weight other than the true weight of any goods
or merchandise”.
Section 2. PROHIBITORY
ACT
No person shall be allowed to place any metal, gadget or
concealed materials in weighing scale in such a manner as to
reflect a greater weight other than the true weight of any goods
or merchandise.
Section 3. DEFINITION
OF TERMS:
1.
Metal – as
used in this ordinance refer to a piece of iron.
2.
Gadget – a
mechanical or electric device with a practical use.
3.
merchandise
– thing to be sold
4. Baskula-
Section 4. Penal
Clause
Any person found violating this ordinance shall be fined as
follows:
1.
1st
offense – fine of P1,000.00
2.
2nd
offense - fine of P1,500.00
3.
3rd
offense – fine of P2,500.00 and cancellation of business permit
Section 5.
Effectivity.
This ordinance shall take
effect fifteen (15) days after approval and posting.
UNANIMOUSLY
APPROVE on its third and final reading during the regular
session of the Sangguniang Bayan of Gonzaga, Cagayan this 23rd
day of October 2008.
CERTIFIED CORRECT:
HON. EPIFANIO G. GASPAR
Vice Mayor & Presiding Officer
C O N C U R R
E D
HON. REGINALD Z. SOMERA
HON. STEPHEN R. ANTONIO
HON. JOSE G. SANIATAN
HON. MAXIMILLA P. AGACETA
HON. RENE P. SALVANERA
HON. NOLI E. LICUAN
HON. VICKY G. COLLADO
HON. MERLIN P. PAJAS
HON. RENATO D. LOPEZ, JR.
ATTESTED:
MARCELO P. BACLIG
Secretary to the Sanggunian
APPROVED:
HON. ROSENDO P. ABAD
Municipal Mayor
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