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RESOLUTION No. 175-2000 (On ·Motion by SB Mem

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RESOLUTION No. 175-2000 (On ·Motion by SB Mem 4 • .. - - Republic of the Philippines MUNICIPALITY OF SANTA ROSA Province of Laguna OFFICE OF THE SANGGUNIANG DAYAN EXCERPT FROM THE MINUTES OF THE 22"d REGULAR SESSION OF SANGGUNIANG BAYAN OF SANTA ROSA, LAGUNA HELD ON WEDNESDAY, MAY 31 , 2000 AT THE SESSION HALL. .. Presents: I. Hon. 0. RAMON L. LIJAUCO - Vice-Mayor, Presiding Officer 2. Hon. LUISITO B. ALGABRE - SB Member 3. Hon. PAULINO Y. CAMACLANG, Jr. - SB Member 4. Hon. LAUDEMER A. CART A - SB Member 5. Hon. GIOVANNI T. BUSTAMANTE - SB Member 6. Hon. ERIC T. PUZON - SB Member 7. Hon. MARCELITO S. LASERNA - SB Member 8. Hon. RAUL P. AALA - SB Member 9. Hon. ARIES A. ALCABASA - SB Member, SK President Absent: l. Hon. PETRONIO C. FACTORIZA - SB Member (OB) 2. Hon. ROMEO P. AALA - SB Member, ABC President *************** RESOLUTION No. 175-2000 (On ·motion by SB Mem. Algabre and secoricled by SB Mem. Bustamante) .. , ... : ... RESOLUTION TO REITERATE CLAIMING AND SUBSEQUENT TITLING OF TWO PARCELS OF LAND KNOWN AS LOT NOS. 2098 & 2099, SANTA ROSA ESTATE WITH AREAS OF 34,742 AND 45,806 SQUARE METERS SITUATED AT BARANGAY SANTO DOMINGO, SANTA ROSA, LAGUNA FOR THE MUNICIPALITY OF SANTA ROSA, LAGUNA. WHEREAS, the Municipality of Santa Rosa is presently undergoing tremendous growth and development in infrastructure, social and economic progress, commercial and industrial expansion, institutional and educational integration, and cosmopolitan change; WHEREAS, the Municipality has suffered a huge reduction of its original land area to local ari.d foreign developers as a price of urbanization and industrialization and is ·presently 1n 'n'eed of land areas for optimized and best land use; WHEREAS, the Municipality has an inherent right to its heritage and patrimony dating back to the Spanish Era when the Cuartel de Santo Domingo was established and became known as one of its historical landmarks; '\~ ;,,,r~ .! _.. ;-,,,.. ,.· .i Republic of the Philippines MUNICIPALITY OF SANTA ROSA Province of Laguna OFFICE OF THE SANGGUNIANG DAYAN -2- ~. WHEREAS, the combined 8.05 hectares of Lot Nos. 2098 & 2099 in B~angay Santo Domingo consisting of prime lands at the heart of CALABARZON is a very strategic and natural resource for the development of a "historico-cultural and tourism facUity". The tourism facility, located at the crossroad to other tourist destinations in Cavite, Laguna and Batangas, would aesthetically blend with the development scenario envisioned by the Comprehensive Land Use and Development Plan of Santa Rosa for the years 2000to2015; WHEREAS, the Municipal Government of Santa Rosa, with the unified and committed support of its populace, has been proactive along the powers granted by the 1987 Constitution and the Local Government Code of 1991 regarding the Santo Domingo 8.05 hectares property, to wit: the Sangguniang Bayan passed Ordinance No. 853-99 (August 25, 1999) in which the Municipality of Santa Rosa resolved to officially claim and to request the Register of Deeds to facilitate the titling of the Santo Domingo friar lands (Lot Nos. 2098-2099) in the name of the Municipality of Santa Rosa; WHEREAS, the Sangguniang Panlalawigan of Laguna, through its Resolution No. 839-99 approved Ordinance No. 853-99 after its mandatory review of ordinances and resolutions submitted to it by component cities and municipalities to determine whether they are within the scope of their powers, duties, and functions. · The power of review and veto is vested in the Sangguniang Panlalawigan by Article 98 and Article 110 of the Local Government Code of 1991; WHEREAS, the Office of the Governor vetoed the Sangguniang Panlalawigan Resolution No. 839-99 approving Ordinance No. 853-99 which resolved to claim and to request the Register of Deeds to facilitate titling in the name of the Municipality of Santa Rosa as "contrary to law and public policy" having equated "to claifI1: and to title the Santo Domingo property" as "to vest title of ownership of legislative enactment"; WHEREAS, the Sangguniang Bayan of Santa Rosa, believing that the enactment of Municipal Ordinance 853-99 is within the· scope of its prescribed · powers, duties and functions; and that the Sangguniang Panlalawigan Resolution No. 839-99 approving the above ordinance is legal and valid as an exercise of its powers, duties and functions as vested in it by Articles 98 & 110 of the Local Government Code; · · •,, ; I NOW, THEREFORE, be it resolved as it is hereby resolved in a session duly assembled to reiterate its official claim and subsequent titling of two parcels of land known as Lot Nos. 2098 and 2099, Santa Rosa Estate with areas of 34,742 and 45 ,906 square meters situated at Barangay Santo Domingo in the name of the Municipality of Santa Rosa, Laguna. f .. .. 1/ ...... Republic of the Philippines MUNICIPALITY OF SANTA ROSA Province of Laguna OFFICE OF THE SANGGUNIANG DAYAN -3- I,. RESOLVED FURTHER, to submit to the Sangguniang Panlalawigan an ANALYSIS OF THE VETO OF SANGGUNIANG PANLALAWIGAN RESOLUTION NO. 839, SERIES OF 1999 APPROVING THE SANGGUNIANG BAYAN ORDINANCE NO. 853, SERIES OF 1999 OF SANTA ROSA, LAGUNA and herein attached as ANNEX "H". UNANIMOUSLY APPROVED. Certified Correct: (Sgd) 0. RAMON L. LIJAUCO Vice-Mayor Approved: (Sgd) LEON C. ARCILLAS Mayor CERT IF IC AT I.ON: ) . I hereby certify to the correctness of the above-quoted resolution. CYN.iltlaJ. GOMEZ M{ni~i,r Secretary ----· .-.... ANALYSIS OF THE VETO OF SANGGUNIANG P ANLALAWIGAN RESOLUTION NO. 83.9, SERIES OF 1999 APPROVING THE SANGGUNIANG PAMBAYAN ORDINANCE NO. 853, SERIES OF 1999 OF SANTA ROSA, LAGUNA I. ANTECEDENTS 1. The Sangguniang Bayan of Santa Rosa, Laguna enacted Ordinance No. 853-'99 on August 25, 1999 claiming two parcels of land known as Lot Nos. 2098 and 2099, Santa Rosa Estate with areas of 34,742 and 45,806 square meter situated at Barangay Santo Domingo, Santa Rosa for the Municipality of Santa Rosa, Laguna. 2. The Sangguniang Panlalawigan upon review of SB Ordinance No. 853-99 approved it. Such approval means that the ordinance was closely and seriously scrutinized and found to be within the scope of the Sangguniang Pambayan's prescribed powers and functions. 3. On May 25, 2000, the Sangguniang Pambayan of Santa Rosi received a transmittal letter dated May 18, 2000 from the Sangguniang Panlalawigan advising it of the veto by the Governor of its approval, with an attached veto message dated March 10, 2000. II. ANALYSIS OF THE PERTINENT PROVISIONS OF THE LOCAL GOVERNMENT . CODE OF 1991 ON VETO POWER OF THE GOVERNOR I. The veto of the resolution of the Sangguniang Panlalawigan approving the Municipal Ordinance in effect vetoed the Sangguniang Bayan Ordinance No. 853-'99 which the Governor declared as "contrary to law and public policy". The issue here is: Is the Governor vested with veto power by the Local Government Code of 1991 over Ordinances and Resolutions enacted by Sanguniang Panglungsod and Sangguniang Pambayan of component cities and municipalities? (a) In Rule XII. Inter-Local Government Relations, Article 59. General Supervision of the Province Over Component Cities and Municipalities, the expressed provision is: the province through its governor, shall exercise authority over component cities and municipalities within its territorial jurisdiction to ensure that they act within the scope of their prescribed powers and functions. The succeeding provisions in (b ), (1-7) contain no expressed provision on veto power granted to the Governor. Since the law is silent on it, we take it to mean that the law does not grant him that power, because what the law provides and what the law does not provide, is indicated by reading the law itself. .J ~". r'"/ . ~ - 2 - (b) Again, under Rule XV, Article 85. Powers, Duties, and Functions of the Governor, the expressed provision in (2), (i) is "ensure that the acts of the component cities and municipalities of the province and of their officials and employees are within the scope of their prescribed powers, duties and functions with no mention of veto power. 2. (a) However, Rule XVII, Local Legislative Bodies and Local Legislation, Article 98. Powers, Duties and Functions of the Sangguniang Panlalawigan. (I), (i) expressly provides for the Sangguniang Panlalawigan to "review all ordinances approved by the sanggunians of component cities and municipalities . to determine whether these are within the scope of the prescribed powers of the sanggunians ....., but again no expressed provision on veto power, only on review . power. (b) But, Article 110. Review of Component City and Municipal Ordinances or Resolutions by the Sangguniang Panlalawigan, expressly provides for the procedure to follow in the review - letters (a) to (d). Letter (c) in particular provides that if the Sangguniang Panlalawigan finds the ordinance or resolution as beyond the power conferred upon the sangguniang panglunsod or pambayan concerned, it shall declare such ordinance or resolution invalid in whole or in part. This is tantamount to veto. ( c) Article 109. Veto Power of the Local Chief Executive, in (a) expressly provides that the local chief executive (generically used), may veto any ordinance of the sangguniang panlalawigan, sangguniang panglungsod or sangguniang pambayan on the ground that it is ultra vires or prejudicial to the public welfare, stating his reasons therefor in writing. (b) lists the subject matter of ordinances subject to veto, while; (c) limits the veto exercised over an ordinance or resolution to only once, and how to override the veto. The above provision using local chief executive generically, but specifying the levels of sanggunians concerned, would mean veto by the Governor of ordinances enacted by the Sangguniang Panlalawigan; by the city mayor of enactments by the Sangguniang Panglungsod, and by the municipal mayor of enactment by the Sanggunaiang Bayan under their (local chief executives) respective territorial jurisdictions. (See Rule XV. Powers, Duties, and Functions of Local Chief Executives, Article 85, 86, and 87 respectively.) ,,,,.~ J'r"'' j ·.
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