ORDINANCES 2011

ORDINANCE NO. 01, S.  2011

Sponsored by SB Member Marvilyn A. Somera

AN ORDINANCE  ESTABLISHING SCHOLARSHIP PROGRAM OF THE MUNICIPALITY OF GONZAGA,  CAGAYAN

BE IT  ORDAINED  by the Sangguniang  Bayan  of the  Municipality of Gonzaga, Cagayan, that;

 Section  1.  Title. -  This   ordinance shall  be known  as “An Ordinance  establishing scholarship program of the municipality of Gonzaga,  Cagayan”.

 Section 2.  Declaration of  Policy. – The Local Government of Gonzaga has placed emphasis on literacy and education programs to improve the quality of our human resources to become globally competitive.  It is therefore the policy of this local government to provide the poor but deserving and qualified high school graduates access to tertiary education.

 Section 3.  Social Program.   This program of the municipal government shall come in form of extending financial assistance to qualified high school graduates in their pursuance of college/vocational education in school located within the municipality to wit:

1. Tuition fee and miscellaneous (per semester) - - - - - 100%

2. Book allowance ( per semester) - - - - - - - - - - - - - -  100%

3. Stipend (per semester)  - - - - - - - - - - - - - - - - - - - -  Php 3,000.00

4. Graduation allowance - - - - - - - - - - - - - - - - - - - -    Php 2,500.00

 Section 4. Rules and Regulations.

1.                Applicant must have a General Average of at least 85% and no grade of lower than 83% as shown in his/her form 138.

2.                Applicant must be recommended for scholarship by the Principal/ School he/she graduated from.

3.                Applicant must present an income tax of his/her parents showing the gross yearly income of not more than P 60,000.00.

4.                Applicant must be certified by the office of the Municipal DSWD and his/her Barangay Captain as belonging to the low income bracket/families of the municipality.

5.                Applicants must be residents of the municipality for at least ten years and in no case his /her family engaged in any activities detrimental and destructive to the natural resources of the municipality like kaingin, illegal mining, illegal fishing and illegal logging as certified by their Punong Barangay.

6.                Applicants must apply personally to the office of the Mayor on or before April 30.

7.                Applicant must pass a qualifying examination prepared by the Scholarship Committee which will be administered on the 1^st Friday of May.

8.                The scholarship agreement may be renewed every year up to the period when the recipient completes his/her studies but not exceeding 4 years.

9.                Deferment may be considered in cases of illness, provided, he/she has to inform the Municipal Mayor and the Scholarship Committee.

Section 5.  The recipient is required to observe the following limitations:

1. The scholarship agreement is non transferable;

2. Recipient should not cross-enroll from one school to another;

3. Recipient should not shift course to another course;

4. Recipient must not have a grade lower than 2.25 or its equivalent.

5. Degree or certificate holder are disqualified for scholarship.

6. Recipient should maintain good moral character.

Section 6.  Source of fund.   It shall be included in the Annual Municipal Budget.  The Municipal Treasurer shall manage the scholarship fund as a Trust Fund.

 Section 7.  Repealing Clause. All ordinances contrary to this ordinance are hereby repealed accordingly.

 Section 8.  Effectivity  Clause.  This ordinance  shall take  effect  fifteen (15)  days after its approval and posting.

            UNANIMOUSLY ENACTED on its third and final reading during the regular session of the Sangguniang Bayan of Gonzaga, Cagayan this 6^th  day of January 2011.

 ORDINANCE NO. 02, s. 2011

SPONSORs: SBMembers RESumajit/OBRasos/RJForonda

AN ORDINANCE GRANTING FINANCIAL AND/OR BURIAL ASSISTANCE TO EMPLOYEES OF THE LOCAL GOVERNMENT UNIT OF GONZAGA, CAGAYAN  IN CASES OF HOSPITALIZATION AND DEATH

BE IT ENACTED by the Sangguniang Bayan of  Gonzaga, Cagayan in session, that:

SECTION 1. Policy.

It is the policy of the Local Government of  Gonzaga, Cagayan, pursuant to Sec.447 (a)(1) (iv)of RA 7160, to ensure that the employees’ welfare and benefits are always upheld and safeguarded; hence, the LGU Gonzaga is extending not only moral but also financial and burial assistance during unforeseen and unavoidable events, such as sickness, injury, accident and death.

SECTION 2. Objectives.

This Ordinance aims to give financial assistance to Local government employees of Gonzaga in cases of hospitalization and/or to the immediate family in the event of death of an employee.

 SECTION 3. Definition Of Terms:

a. “LGU” shall refer to the LOCAL GOVERNMENT UNIT OF GONZAGA;

b. “HRMO” shall refer to the Human Resource Management Office of the LGU  Gonzaga;

c. “EMPLOYEE” shall refer to a person holding a Regular or Casual appointment and hired by the Local  Government of Gonzaga. The term shall also include persons hired by the LGU  on a Contract of Service or Job Order basis;

d. “INJURY” means bodily injured which:

     (i) is sustained while employed in the Local Government of Gonzaga;

      (ii) is caused solely by external, violent and accidental means and independent of any other cause  including internal injuries as a result of the external injury.

e. “SICKNESS” refers to the health disorder or unsound physical condition due to specific disease/symptom as certified by a physician and results to Hospital Confinement

f. “ACCIDENT” means any unintentional act or unforeseen, unusual or unexpected event which directly causes an injury;

g. “DEATH” means the cessation of life;

h. “HOSPITAL” means any public or private institution license by the Department of Health as a hospital.

“Hospital” does not include any institution or that section of any institution which is operated as a convalescent or nursing home, rest home for the aged, a place for custodial care, or for any similar purpose

i. “HOSPITAL CONFINEMENT” means confinement in a Hospital as a patient for the treatment of injury or sickness and which is recommended by a Physician;

j. “PHYSICIAN” means a person who is legally licensed to practice medicine and/or surgery;

k. “BENEFICIARY” refers to the Employee’s legal surviving spouse, his legitimate and/or illegitimate children, parents, brothers or sisters, IN THE ORDER PROVIDED. In the absence of all the foregoing, “Beneficiary” shall refer to the Employee’s nearest of kin.

SECTION 4. Coverage

1. FINANCIAL ASSISTANCE.

Regardless of whether work-related or not in the event that an Employee shall become incapacitated for work and be confined in a hospital due to sickness/injury or accident and is in need of medical attendance, the Local government of Gonzaga shall extend financial assistance to help cover the amount of medicines prescribed by the physician and other incidental costs thereto.

The amount of financial assistance shall depend on the incapacity suffered by the employee or the medical attendance required and shall be in accordance with the following rules:

i.        The LGU shall extend financial assistance in the amount of FIFTEEN THOUSAND PESOS (P 15,000.00), Philippine Currency, if the employee shall have lost an eye, a hand, a foot, an arm, or a leg or shall have lost the use of any such member, or shall have become incapacitated for the work in which he has  therefore habitually engaged; or shall have become deformed, or shall have lost any part of his body, or shall have lost the use thereof, or shall have been ill or incapacitated for the performance of the work in which he was habitually engaged for a period of thirty (30) days or more;

ii.      The LGU shall extend financial assistance in the amount of FIVE  THOUSAND PESOS (P 5,000.00), Philippine Currency, if the employee shall become incapacitated for labor/work for fifteen (15) days or more, or shall require medical attendance for the same period;

iii.    The LGU  shall extend financial assistance in the amount of THREE THOUSAND PESOS (P 3,000.00), Philippine Currency, if the employee shall become incapacitated for labor/work from five (5) to fourteen (14) days or shall require medical attendance during the same period;

The FINANCIAL ASSISTANCE mentioned above shall be availed only once a year per Hospital Confinement due to the same sickness/injury or accident. Proper recording and control shall be done by the Human Resource Management Office (HRMO).

2. BURIAL ASSISTANCE.

 Regardless of whether the cause of death is work-related or not, in the event of death of an employee, the legitimate beneficiary/ies shall be entitled to receive TWENTY THOUSAND PESOS (P 20,000.00) as Burial Assistance from the LGU;

SECTION 5. Processing Of Claims.

 In the event of Hospital Confinement or Death of an Employee, the Head of Department concerned shall immediately notify the Human Resource Management Office regarding such circumstance.

The HRMO shall thereafter assist the Department Head concerned, the employee’s immediate family and/or beneficiary on processing of the Claim.

1. In the case of CLAIMS FOR FINANCIAL ASSISTANCE, the following are required:

1.      Proofs of Hospitalization such as the original copy or certified true copy of the Medical Certificate or Certificate of Confinement completely accomplished by the attending Physician. In the event that the attending physician is a private doctor, a certification/recommendation from a government Physician must be obtained;

2.      Certification by the Department Head concerned stating that the person confined is an employee of the LGU and is rendering services under the said Department/Office. The said certification must include therein the cause of confinement and/or the time and place of accident, and what the employee was doing at the place and time of accident;

3.      Police Report regarding the alleged accident, if confinement was due to an accident; and,

4.      Such other documents that may be deemed necessary.

2. In the case of CLAIMS FOR BURIAL ASSISTANCE, the following are required:

1.      Certification by the Department Head concerned that the deceased is employed by the LGU and is assigned in his Office at the time of death;

2.               Certified True Copy of the Death Certificate of the deceased;

3.      Sufficient identification and proof of relationship of the claimant and/or beneficiary and the Marriage Contract shall be presented by the surviving spouse, if the deceased is married; and,

4.      Such other documents that may be deemed necessary.

SECTION 6. To Whom Payable.

The assistance, if any, shall be payable to the employee, if alive. Otherwise, it shall be given to the latter’s Beneficiary, in the order of preference enumerated in SECTION 3, paragraph k hereof, but only after presentment of satisfactory proof, such as, but not limited to the Certificate of Live Birth of the deceased, Identification of the Beneficiary or the Marriage Contract if applicable.

 SECTION 7. Exclusions.

The LGU shall not render any Assistance for Injury, Hospital Confinement or Death caused or resulting from, whether directly or indirectly, wholly or partly:

a.       by intentionally self-inflicted injury, suicide or attempt thereat;

b.      while under the influence of prohibited drugs or under the influence of liquor; while in any attempted commission of, or willful participation by the Employee in any  crime punishable by any prevailing law or ordinance.

SECTION 8. Source of Funds

The amount of ONE HUNDRED FIFTY THOUSAND PESOS (P150,000.00) from the General Fund under Account Code 969 of the Office of the Municipal Social Welfare and Development Office shall be set aside for its initial implementation.  Such budget may be increased or augmented as may be necessary, subject to an appropriation ordinance.

            The MSWDO shall administer the fund and shall always appropriate an amount every year in the Annual Municipal Budget for its continuous implementation.

SECTION 9. Separability Clause.  Should any provision of this Ordinance be declared unconstitutional or illegal by any court of competent jurisdiction, those parts that are not so declared shall remain in full force and effect.

 SECTION 10. Repealing Clause. Any previous Ordinance/s or parts thereof, which are inconsistent with this Ordinance are hereby Repealed or superseded accordingly.

 SECTION 11. Effectivity Clause.  This Ordinance shall take effect immediately upon approval.

            UNANIMOUSLY ENACTED on its third and final reading during the regular session of the Sangguniang Bayan of Gonzaga, Cagayan this 17^th day of February  2011

ORDINANCE No. 3, s. 2011

Sponsored by:  All members

AN ORDINANCE DECLARING EVERY SECOND WEEK OF MAY  AS THE CELEBRATION OF DAWA FESTIVAL IN GONZAGA, CAGAYAN AND APPROPRIATING FUNDS THEREOF

            Be it ordained by the Sangguniang Bayan of Gonzaga, Cagayan in session assembled;

 Section I.  Title.

This ordinance shall be known as “An Ordinance Declaring Every Second Week of May as the Celebration of DAWA Festival in Gonzaga, Cagayan and Appropriating Funds thereof”.

Section 2. Declaration of Policy. 

It shall be the declared policy of the municipality to celebrate the DAWA festival for a bountiful harvest and to awaken the people’s  awareness and understanding of the Gonzaganians heritage.

Section 3. Definition of Terms as used in this ordinance:

1.      Dawa festival – refer to the annual celebration in the municipality after harvest.

2.      Heritage – custom, tradition, legacy

  Section 4. Source of Funds.

             Funds for the purpose shall come from the Culture and Arts Funds and the Grants and Aids of the Office of the Mayor and shall be appropriated in every Annual Budget.

Section 5. Effectivity.  This ordinance shall take effect after its approval.

            UNANIMOUSLY ENACTED on its third and final reading during the regular session of the Sangguniang Bayan of Gonzaga, Cagayan this 24^th  day of February 2011.

ORDINANCE NO. 04, S. 2011

AN ORDINANCE RECLASSIFYING PARCEL OF LAND COVERED BY  OCT/TCT NO. T-148344 CONTAINING AN AREA OF 9.570400 HECTARES MORE OR LESS UNDER LOT NO. 1445,  PLS 343 FROM AGRICULTURAL TO COMMERCIAL/INDUSTRIAL USE

Be it ordained  by the Sangguniang Bayan of Gonzaga, Cagayan  in session duly  assembled, that;

Section 1. COVERAGE.   A parcel of agricultural land under lot No. 1445, Pls 343 covered by OCT/TCT No. T-148344, situated in barangay Calayan, Gonzaga, Cagayan, bounded on the North: ROAD; East: ROAD ; West: LOT 1446, PLS 343; South: LOT 1443, PLS 343; South West: LOT 1444, PLS 343 AND CREEK;  covered by Tax Declaration NO. 05-14011-00997, and Property Index No. 002-14-011-10-024 declared under the name of  JESUS PUYAOAN who issued Special Power of Attorney to MRS. MARIA ROSAMEL PUYAOAN GASPAR; Docket No. 54, Page 13, Book No. XV, Series 2009 duly notarized by a Notary Public . The parcel of land contains an area of 9.570400 hectares, more or less.

 Section 2. A parcel of land as described in Section 1 hereof is hereby reclassified from agricultural to commercial/industrial use pursuant to authority granted to the Sangguniang Bayan of Gonzaga, Cagayan under Section 20 and 447(2)(viii) of RA 7160 and on the basis of a certification issued by the Municipal Agriculture Officer of this Municipality that subject parcel of land is no longer profitable for Agricultural purposes due to poor soil condition.

Section 3. Repealing Clause:  All ordinances or resolutions which are inconsistent with the provisions of this ordinance are hereby repealed.

 Section 4. Effectivity.  This ordinance shall take effect immediately upon its approval.

ORDINANCE No. 5, s. 2011

Sponsored by:  SK Fed. President Eugene Keith A. Somera

SBM NELicuan, and SBM MASomera

AN ORDINANCE    AMENDING SECTION 2 OF ORDINANCE NO. 15, S. 1999, ENTITLED “AN ORDINANCE RECOGNIZING AND HONORING THE OUTSTANDING ACADEMIC/ATHLETIC ACHIEVEMENT OF STUDENTS/PUPILS IN THE MUNICIPALITY OF GONZAGA AND APPROPRIATE FUNDS THEREOF”

            Be it ordained by the Sangguniang Bayan of Gonzaga, Cagayan that;

Section I.  Section 2 of  Ordinance No. 15, s. 1999 shall be amended and to be read as follows:

Section 2.  Cash Incentive.  Cash  incentive amounts shall be distributed on the following basis:

                                                                                 Individual Category                                 Team Category                

1.       Provincial level                                      P 1,000.00                                            P   5,000.00

2.       Regional level                                         P 2,000.00                                            P 10,000.00

3.       National level                                          P 3,000.00                                            P 15,000.00

4.       International level                                 P 10,000.00                                          P 50,000.00

Section 2. Effectivity. This Ordinance shall take effect 15 days after publication.

                UNANIMOUSLY ENACTED on its third and final reading during the regular session of the Sangguniang Bayan of Gonzaga, Cagayan this 17^th day of March  2011.

 ORDINANCE NO. 06, S. 2011

Introduced  by:  SB Member Pablo I. Salum

AN ORDINANCE TEMPORARILY CLOSING A PORTION OF LUIS BACLIG STREET FROM VEHICLES FROM THE MUNICIPAL HEALTH OFFICE TO THE MUNICIPAL AGRICULTURE OFFICE BUILDING DURING THE DURATION OF THE CELEBRATION OF THE DAWA FESTIVAL OF GONZAGA 2011, AND EVERY YEAR THEREAFTER

                Be it ordained by the Sangguniang Bayan of Gonzaga, Cagayan duly assembled that:

Section I. Title. This ordinance shall be known as “An Ordinance Temporarily Closing A Portion Of Luis Baclig Street From Vehicles From The Municipal Health Office To The Municipal Agriculture Office Building During The Duration Of The Celebration Of The Dawa Festival Of Gonzaga 2011, and every year thereafter”.

Section 2. Declaration of Policy:     To accommodate transient vendors who may wish to sell their wares and participate in the celebration of the DAWA Festival.  It shall be the policy of the LGU to temporarily close a portion of Luis Baclig Street during the celebration of DAWA festival only.

Section 3. Effectivity.  This ordinance shall take effect immediately upon approval and posting, but not earlier than one week before the festivities to avoid traffic inconveniences.

                UNANIMOUSLY ENACTED on its third and final reading during the regular session of the Sangguniang Bayan of Gonzaga, Cagayan this 31^ST day of March  2011.

ORDINANCE No. 7, s. 2011

Sponsored by:  SB Member Wilson O.  Puyaoan

AN ORDINANCE REQUIRING   CONTRACTORS TO PROVIDE CAUTION SIGN OR WARNING DEVICES AT JOBSITE WHERE THEY CONDUCT  ROAD CONSTRUCTIONS/REPAIRS/DIGGING WITHIN  THE MUNICIPALITY OF GONZAGA, CAGAYAN

            Be it ordained by the Sangguniang Bayan of Gonzaga, Cagayan duly assembled that:

Section 1. Title.  This ordinance shall be known as “An Ordinance Requiring   Contractors To Provide Caution Sign Or Warning Devices At Jobsite Where They Conduct  Road Constructions/Repairs/Digging Within  The Municipality Of Gonzaga, Cagayan”.

 Section 2.   Administrative Provision.  It shall be the responsibility of the contractor/s to provide caution sign or warning and safety devices at jobsite where they conduct road construction/repairs/diggings within Gonzaga, Cagayan, and to strictly observed the following;

a.       Caution sign  or warning  shall  be placed  in front,  observing  a  distance  of  25 to 50 meters  or a distance   reasonable  enough  on both  side  of the  jobsite/s while  safety  devices  shall  be installed  in between the danger  signs  or warning  throughout  the duration of the  work.

b.      No work shall be allowed to start  without  putting  up caution   or  danger  signs  like danger, construction/repair/digging  going  ahead  to warn vehicles  and  pedestrians  passing  by.

Section 3.  Definition of Terms, as used in this ordinance.

a.       Sign – any structure, display, or device which is designed or used to call the attention/warning to person or drivers.

b.      Contractor - one who agrees to perform services at a specified price, especially   for road construction.

 Section 4. Penalty.  Any contractor   found violating  this  ordinance  shall be  fined  Two  Thousand  Five hundred  Pesos (P2,500.00) plus suspension  of work  until  such  time that  Section 1  a and b  shall  have been  complied with.

Section 5.  Effectivity.  This ordinance  shall take effect  fifteen (15) days after its approval and posting.

             UNANIMOUSLY ENACTED on its third and final reading during the regular session of the Sangguniang Bayan of Gonzaga, Cagayan this 2^nd day of June  2011.

ORDINANCE NO. 08, S. 2011

Sponsored by: The Committee on Ways and Means

AN ORDINANCE IMPOSING THE NEW RATE OF RENTALS OF MARKET STALLS (OLD MARKET STALLS) OWNED BY THE MUNICIPAL GOVERNMENT OF GONZAGA, CAGAYAN

          Be it ordained by the Sangguniang Bayan of Gonzaga, Cagayan that:

Section I. Title. This ordinance shall be known as “An Ordinance Imposing the New Rate of Rentals of Market Stalls owned by the Municipal Government of Gonzaga, Cagayan”.

Section 2. Administrative Provision: 

1.      The rental of market stalls owned by the Municipal Government of Gonzaga, Cagayan is hereby increased to 20% every year for a period of three (3) years based on the present rental rates of:

                Php 864.00 for lower front and center stalls

Php 720.00 for upper and eastern stalls

I.       LOWER FRONT and CENTER STALLS:                        

No. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14

       37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47

                                    July 2011 to June 2012   -    Php 1,036.80 per month

July 2012 to June 2013   -    Php 1,209.60 per month

   July 2013 to June 2014   -    Php 1,382.40 per month

II.    UPPER FRONT and EASTERN STALLS:                       

No. 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25

       26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36

       48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58

       59, 60, 61, 62, 63, 64, 65, 66, 67, 68

                                    July 2011 to June 2012   -       Php   864.00 per month

July 2012 to June 2013   -       Php1,008.00 per month

   July 2013 to June 2014   -       Php1,152.00 per month

2.      The lessee  shall adhere to follow the terms and conditions provided in the lease contract.

3.      Failure to pay the rental for three (3) succeeding months shall cause the termination of the lease contract.

Section 3. Effectivity.   This ordinance shall take effect on July 2011.

            UNANIMOUSLY ENACTED on its third and final reading during the regular session of the Sangguniang Bayan of Gonzaga, Cagayan this 9^th  day of June  201