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PAMAHALAANG LUNGSOD NG MUNTINLUPA l- KALAKHANG MAYNILA s Sangguniang Panlungsod S'

RESOLUTION NO. 15.179 s

A RESOLUTION REQUESTING THE DEPARTMENT OF PUBLIC WORKS AND HIGHWAYS (DPWH), THE DEPARTMENT OF JUSTICE (DOJ), THE NATIONAL ECONOMIC AND DEVELOPMENT AI-'THORITY (NEDA) AND OTHER CONCERNED NATIONAL GOVERNMENT AGENCIES, THRU OUR HONORABLE REPRESENTATIVE OF THE LONE DISTRICT OF MUNTINLUPA CITY, CONGRESSMAN RODOLFO BIAZON, TO COMPLY 6 WITH THE LEGAL REQUIREMENTS UNDER REPUBLIC ACT 7160, OTHERWISE KNOWN AS THE NEW LOCAL GOVERNMENT CODE OF 1991, ON PRIOR CONSULTATION AND PRIOR APPROVAL BY THE SANGGUNIANG PANLUNGSOD OF MUNTINLUPA CITY ON THE PROPOSED LAGUNA LAKESHORE EXPRESSWAY DIKE PROJECT AND THE PROPOSED TRANSFER OF THE NATIONAL PENITENTIARY.

Sponsored by: Hon. Coun. Atty. Raul R. Corro Hon. Coun. Atty. Patricio L. Boncayao, Jr. Hon. Coun. Bal Niefes Hon. Coun. Stephanie G.Ieves Hon. Coun. Louisito A. Arciaga Hon. Coun. Margarita Amythyst Labios, Md Hon. Coun. Ringo A. Teves Hon. Coun. Alexander Diaz Hon. Coun. Ma" Dhesiree G. Arevalo Hon. Coun. Luvi P. Constantino s Hon. Coun. Neptali S. Sanfiago Hon. Coun. Elmer S. Espe/efa Hon. Coun. Rafael T. Sevilla Hon. Coun. Vergel C. Ulanday Hon. Coun. Robert A. Abas i,ZX; 3ZilZZi::::;;: 7T E?N* (\J1* * *L*\* ** ** * * * ** * * ** * * * ** *** ** ** **ik* ** rr* **rr ** ** * ******* ** * *r. **rr** * *rr,k **r. *** \__; & N -/ WHEREAS, Section 27 of Republic Act 7160, othe se known as the \.,\ New Local Government Code of 1991, provides that, "no pr6ject or program shall be implemented by government authorities unless the consultations mentioned in Sections 2 (c) and 26 hereof are complied with, and prior approvai of the Sanggunian concerned is obtained xxx;

WHEREAS, Section 2, declaration of policy, Sub-Section C of the same Code, provides that, "it is likewise the policy of the state to require all national h agencies and offices to conduct periodic consultation with appropriate local government units, non-governmental and peoples organizations, and other ft concerned sectors of the community before any project or program is imolemented within their respective j urisd iction";

nfr \\ ii \/ lnr I rx PAMAHALAANG LUNGSOD NG MUNTINLUPA KALAKHANG MAYNILA Sk Sangguniang Panlungsod Se. Page 2 s Resolufion No. 15-179 S-

WHEREAS, Section 26 of the same code provides that "lt shall be the duty of every national agency or government-owned-or controlled corporation authorizing or involved in the planning and implementation of non -renewable 6 resources, loss of cropland, rangeland or forest cover, and extinction of animal or plant species, to consult with the local government units, non-governmental organizations, and other sectors concerned and explain the goals and objectives d of the project or program, its impact upon the people and community in terms of environmental or ecological balance, and the measures that will be undertaken to prevent or minimize the adverse effects thereof";

WHEREAS, the DPWH has started conducting consultation with the City Government thru a meeting held last May B, 2014, but has not completed the same, pending the request of the City Mayor and the Members of the Sangguniang Panlungsod for a more detailed presentation of the proposed project;

WHEREAS, the Sangguniang Panlungsod, thru its Comrnittee on Engineering, Public Works and lnfrastructure called for a public hearing on July 30, 2014 lo discuss the said project but Department of Public Works and Highways (DPWH) failed to attend despite due notice,

WHEREAS, the people of Muntinlupa who are directly affected by the said project, in particular, the fisherfolks and farmers' groups as well as thousands of residents along the Laguna Lakeshore within the jurisdiction of Muntinlupa have d expressed serious concerns over the said project; WHEREAS, suddenly last year, the National Economic and Development vt Authority (NEDA), announced the approval of the Laguna Lakeshore Dike Project in the amount of One Hundred Twenty Three Billion Pesos t\ (Php123,000,000,000.00) and the transfer of the National Penitentiary to Laur, Nueva Ecija in the amount of Fifty Two Billion Pesos (Php52,000,000,000.00) s and the same was widely published in several newspapers of National N Circulation;

WHEREAS, the approval of the said projects is in violation of the above-quoted provisions of the New Local Government Code of 1991 and m furthermore violates the constitutional provision on Local Autonomy; \ WHEREAS, a more thorough and exhaustive prior consultation of the said projects is necessarily imperative because of its long term effects on the environment and the sustainable development of Muntinlupa City; $ WHEREAS, it is respectfully requested that until prior [onsultation is complied with to the satisfaction of all parties concerned no furthe{ action should be done in the implementation of the projects, I I (\ An ^ i , r \ / \ PAMAHALAANG LUNGSOD NG MUNTINLUPA KALAKHANG MAYNILA ? S\ Sangguniang Panlungsod =La st\) ST Page 3 Resolution No. 15-179

NOW, THEREFORE, BE IT RESOLVE, AS IT IS HEREBY RESOLVED, d by the 7th Sangguniang Panlungsod of Muntinlupa, to request the Department of Public Works and Highways (DPWH), the Department of Justice (DOJ), the National Economic and Development Authority (NEDA) and other concerned National Government Agencies, thru our Honorable Representative of the Lone District of Muntinlupa City, Congressman Rodolfo Biazon, to comply with the legal requirements under Republic Act 7160, otherwise known as the New Local Government Code of 1991, on Prior Consultation and prior approval by the Sangguniang Panlungsod of Muntinlupa City on the proposed Lagurna Lakeshore Expressway Dike Project and the proposed transfer of the National Penitentiary. 7 RESOLVED FURTHER, that a copy of this resolution be immediately furnished the Office of the President, His Excellency, Benigno S. Aquino lll, the Honorable Department of Public Works and Highways (DPWH) Secretary Rogelio Singson, the Honorable Department of Justice (DOJ) Secretary Leila De Lima, the Honorable Director of National Economic and Development Authority (NEDA) and the Honorable Representative Rodolfo Biazon for their appropriate action.

ADOPTED, by the 7th Sangguniang Panlungsod of Muntinlupa, this 26th day of January,2015 on its 67th Regular Sg;ision.

CONGURRED:

COUN ATTY. R R. CORRO

COUN. ATTY. PA ICIO L. BONCAYAO, JR. Member

COUN. STEPH G. TEVES L COUN. LOUISIf,Ot4,-- A. ARCIAGA I I n"[,^4 COUN. MARGARITA PATDU-LABIOS

I / N PAMAHALAANG LUNGSOD NG MUNTINLUPA KALAKHANG MAYNILA

Sangguniang Panlungsod w

15-179

COUN. ALEXANDE Member

DISTRICT II:

COUN. MA. DHESIREE G. AREVALO N. LU\, P,,OONSTANTINO Member ber

COUN. ENGR. NEPTALI S. SANTIAGO COUN" Member

COUN. VERGEL G. ULANDAY Member

COUN. ROBERT P. BAES Member

COUN. CELSO C. DIOKO S e ctoral Re p re se nt ativ e President Association of Barangay CaPtains

I HEREBY CERTIFY, as to the correctness of the foregoing

CEGILI

ATTESTED:

C ity V i ce- M ay o r/P re sid i n g Off i c e r

APPROVEN

ATTY. JAIME R. ESNEDI Oate:@

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