Republic of the Philippines

CITY OF DAVAO
Office of the City Council

COMMITTEE ON RULES, PRIVILEGES, LAWS AND ORDINANCES

COMMITTEE REPORT ON ITEM NO. 764

BARANGAY ORDINANCE NO. 2014-02, SERIES OF 2014 OF
THE BARANGAY COUNCIL OF DUMOY, TALOMO DISTRICT,
THIS CITY, ENTITLED AN ORDINANCE IMPOSING
ENVIRONMENTAL FEE ON PRIVATE HAULING TRUCKS
PEDDLING POTABLE WATER FROM THE PREMISES OF
BARANGAY DUMOY TO THEIR SUBJECT COMMERCIAL
AREAS.
Background
1. The Barangay Council of Dumoy, Talomo District, This City passed an ordinance
imposing environmental fee on private hauling trucks peddling potable water
from the premises of Barangay Dumoy to their subject commercial areas;
Highlights
2. The Amount of fees or charges to be collected is Php10.00 per cubic meter on
private hauling trucks peddling potable waters from Barangay Dumoy to their
commercial areas;
3. The point man upon collecting the necessary fees and charges shall issue a
corresponding trip ticket to private hauling trucks. The fees and charges
collected by such Point man shall then be deposited to the Barangay Treasurer
within the day they are collected.
4. During the committee hearing, Punong Barangay George Y. Culaste was present.
He explained that in their session assembled, they decided to pass their
ordinance entitled An Ordinance Imposing Environmental Fee on Private Hauling
Trucks Peddling Potable Water from the premises of Barangay Dumoy to their
Subject Commercial Areas. The Barangay Council based the ordinance on
Section 129 of R.A. 7160 or the provision conferring to local government units
the power to create sources of revenue.
5. After the careful review and scrutiny of the subject barangay ordinance, the
committee is faced to resolve in the negative the question of whether or not the
imposition of environmental fee on private hauling trucks peddling potable water
is valid insofar as the scope of the taxing powers of the barangay is concern.
6. Imposing Environmental Fee on Private Hauling Trucks Peddling Potable Water is
not within the scope of Section 152 of Republic Act 7160 also known as The Local
Government Code states that:

Section 152. Scope of Taxing Powers The barangays may levy taxes,
fees and charges, as provided in this Article, which shall exclusively
accrue to them:
(a) Taxes On stores or retailers with fixed business establishments with
gross sales or receipts of the preceding calendar year of Fifty Thousand
Pesos (P50,000.00) or less, in case of cities and Thirty Thousand Pesos
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Item 764/Committee on Rules, Privileges, Laws And Ordinances

(P30,000.00) or less, in the case of municipalities, at a rate not exceeding

one percent (1%) on such gross sales receipts.
(b) Service Fees or Charges barangays may collect reasonable fees or
charges for services rendered in connection with the regulation or the use
of barangay-owned properties or service facilities such as palay, copra, or
tobacco dryers.
(c)Barangay Clearance No city or municipality may issue any license or
permit for any business or activity is located or conducted. For such
clearance, the Sangguniang barangay may impose a reasonable fee. The
application for clearance shall be acted upon within seven (7) working
days from the filing thereof. In the event that the clearance is not issues
within the said period, the city or municipality may issue the said license
or permit.
(d) Other Fees and Charges the barangay may levy reasonable fees
and charges:
(1) On commercial breeding of fighting cocks, cockfighting and cockpits;
(2) On places of recreation which charge admission fees; and
(3) On billboards, signboards, neon signs, and outdoor advertisements.
7. The abovementioned provision provides for the specific taxing powers of the
barangay. Nothing in the provision authorizes the barangay to impose
environmental fee on private hauling trucks peddling potable water from the
premises of the barangay to their commercial areas. Hence, the committee
chair respectfully recommends that the ordinance be returned to the
barangay for appropriate amendment to comply with existing laws;

Recommendation
8.
This Committee recommends that a resolution be passed respectfully
returning BARANGAY ORDINANCE NO. 2014-02, SERIES OF 2014 OF THE

BARANGAY COUNCIL OF DUMOY, TALOMO DISTRICT, THIS CITY, ENTITLED

AN ORDINANCE IMPOSING ENVIRONMENTAL FEE ON PRIVATE HAULING
TRUCKS PEDDLING POTABLE WATER FROM THE PREMISES OF BARANGAY
DUMOY TO THEIR SUBJECT COMMERCIAL AREAS.

RESPECTFULLY SUBMITTED this _________ in the City of Davao, Philippines.

SIGNED BY THE SUB-COMMITTEE MEMBERS:

COMMITTEE ON RULES, PRIVILEGES, LAWS AND ORDINANCES
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Item 764/Committee on Rules, Privileges, Laws And Ordinances

HON. BERNARD E. AL-AG

Chairperson

HON. BONIFACIO E. MILITAR

S. ALEJANDRE
Vice Chairperson

HON. KARLO S. BELLO

LIBRADO
Member

17th Legislative Body

____ Regular Session
Series of 2014

Item 764/Committee on Rules, Privileges, Laws And Ordinances

HON. AL RYAN
Member

HON. LEAH A.
Member

Republika ng Pilipinas
LUNGSOD NG DABAW
Sangguniang Panlungsod

RESOLUTION NO. __________

Series of 2014

A RESOLUTION RESPECTFULLY RETURNING BARANGAY

ORDINANCE NO. 2014-02, SERIES OF 2014 OF THE
BARANGAY COUNCIL OF DUMOY, TALOMO DISTRICT,
THIS CITY, ENTITLED AN ORDINANCE IMPOSING
ENVIRONMENTAL FEE ON PRIVATE HAULING TRUCKS
PEDDLING POTABLE WATER FROM THE PREMISES OF
BARANGAY DUMOY TO THEIR SUBJECT COMMERCIAL
WHEREAS, the Barangay Council of Dumoy, Talomo District, This City passed an

ordinance imposing environmental fee on private hauling trucks peddling potable

water from the premises of Barangay Dumoy to their subject commercial areas;

WHEREAS, the imposition of the environmental fee does not fall under any
of the provisions of Section 152 of R.A. 7160 or otherwise known as the Local
Government Code of 1991. The said provision states the following:
Section 152. Scope of Taxing Powers The barangays may levy taxes,
fees and charges, as provided in this Article, which shall exclusively
accrue to them:
(a) Taxes On stores or retailers with fixed business establishments with
gross sales or receipts of the preceding calendar year of Fifty Thousand
Pesos (P50,000.00) or less, in case of cities and Thirty Thousand Pesos
(P30,000.00) or less, in the case of municipalities, at a rate not exceeding
one percent (1%) on such gross sales receipts.
(b) Service Fees or Charges barangays may collect reasonable fees or
charges for services rendered in connection with the regulation or the use
of barangay-owned properties or service facilities such as palay, copra, or
tobacco dryers.
(c)Barangay Clearance No city or municipality may issue any license or
permit for any business or activity is located or conducted. For such
clearance, the Sangguniang barangay may impose a reasonable fee. The
application for clearance shall be acted upon within seven (7) working
days from the filing thereof. In the event that the clearance is not issues
within the said period, the city or municipality may issue the said license
or permit.
(d) Other Fees and Charges the barangay may levy reasonable fees
and charges:
(1) On commercial breeding of fighting cocks, cockfighting and cockpits;
(2) On places of recreation which charge admission fees; and
(3) On billboards, signboards, neon signs, and outdoor advertisements.
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Item 764/Committee on Rules, Privileges, Laws And Ordinances

WHEREAS, there is a need to return the Barangay Ordinance of Barangay

Council of Mandug, Buhangin District, Davao City as it is inconsistent with
existing laws;
NOW THEREFORE, be it resolved as it is hereby resolved respectfully
returning BARANGAY ORDINANCE NO. 2014-02, SERIES OF 2014 OF THE
BARANGAY COUNCIL OF DUMOY, TALOMO DISTRICT, THIS CITY, ENTITLED AN
ORDINANCE IMPOSING ENVIRONMENTAL FEE ON PRIVATE HAULING TRUCKS
PEDDLING POTABLE WATER FROM THE PREMISES OF BARANGAY DUMOY TO
THEIR SUBJECT COMMERCIAL AREAS.
RESOLVED FURTHER, that copies of this Resolution be furnished to the
Office of the City Mayor, Office of the Vice Mayor, and Local Government, and
to all other pertinent government agencies, departments and/or offices for
their guidance and information.

Done this______________, Davao City, Philippines.

Hon. Bernard E. Al-Ag

Chairperson, Committee on Rules, Privileges, Laws and Ordinances

Item 764/Committee on Rules, Privileges, Laws And Ordinances

WHEREAS, Rule 7 Section 1 subparagraph (f) of the Implementing Rules and

Regulations states the following:

The Sangguniang Barangay enacts appropriate Budget Ordinance for

the purpose and submits the same to the Sangguniang
Panlungsod/Bayan for the latters review.

Hello, Doc!

According to Atty. Faith Macailing of DPWH, when a contractor falls behind the
schedule, they (the DPWH) will assess first the negative slippage.

If the negative slippage is more than 15%, they will issue a warning to the
contractor concerned. The contractor will be given an opportunity to explain.

If no adequate explanation is given, they can terminate the contract and have the
said contractor blacklisted.

Section 68 R.A. 9184 (Government Procurement Reform Act) also states that
liquidated damages can be recovered.

P.S.
1. Sorry kayo doc kay taas kayo ang implementing rules sa law. Wala nako nakita
ang basis to terminate the contract. Ang damages ra ako nakita jud.
2. Attached here is the draft for the resolution regarding the SK Budget.

http://uapccd.blogspot.com/2011/08/irr-of-ra-9184-government-procurement.html
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Item 764/Committee on Rules, Privileges, Laws And Ordinances

www.lawphil.net/s/repacts/ra2003/ra_9184_2003.html

Item 764/Committee on Rules, Privileges, Laws And Ordinances