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EXECUTIVE ORDER NO: 11 SO-its oi .2013
AN ORDER FOR PROVIDING THE RULES AND REGULATIONS TO IMPLEMENT CITY ORDINANCE NO. 0179-03, AS AMENDED BY THE CITY ORDINANCE 0294-09, OTHERWISE KNOWN AS THE AMENDED "DAVAO CITY CHINATOWN DEVELOPMENT COUNCIL ORDINANCE"
WHEREAS, the City of Davao, recognizes the significant historical, cultural, and economic contribution of the Filipino-Chinese community in the development of the city, created the Davao City Chinatown Development Council (DCCDC) through City Ordinance No. 0179-03, series of 2003, and later amended by City Ordinance No.0294- 09, series of 2009;
WHEREAS, the DCCDC was primarily created to assist the City Government of Davao in the formulation and implementation of policies, programs, projects, and activities in the development of the Chinatown area as defined in the said City Ordinance;
WHEREAS, pursuant to Section 6 of the same City Ordinance, the DCCDC was tasked to formulate the implementing Ruler :.nd Regulations of the Ordinance and has now drafted and adopted the same;
NOW THEREFORE, I, SARA Z. DUTERTE, Mayor of the City of Davao, by virtue of the powers vested in me by law, and upon recommendation of the Davao City Chinatown Development Council, do hereby order and promulgate the implementing rules and regulations of the amended Davao City Chinatown Development Council Ordinance, as follows:
RULE 1 POLICY AND APPLICATION
SECTION 1. TITLE. These Rules shall be referred to as the "Implementing Rules and Regulations for City Ordinance No. 0179-03, as amended by City Ordinance No. 0294-09" and for brevity, it may be referred to as the IRR on the Davao City Chinatown Development Council.
SECTION 2. PURPOSE. These Rules are promulgated to prescribe the procedures and guidelines for the implementation of the Davao City Chinatown Development Council otherwise known as City Ordinance No. 0179-03, as amended, defining its powers and functions and other purposes, in order to facil'tate and ensure compliance therewith and achieve the objectives thereof.
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Ground Floor, City Hall Building, San Pedro St., Davao City (082) 227-2577 @ (082) 225-0063 @ [email protected] SECTION 3. DECLARATION OF POLICY. Consistent with the City Government of Davao's participatory democracy and governance framework, the people most be empowered to chart their own development as self-sustaining people communities. The Filipino-Chinese community is very much a part of Davao City and plays a significant role in its historical, cultural, and economic development. The creation of the Davao City Chinatown Development Council is in line with this declared policy that aims to empower and institutionalized the participation of the Filipino-Chinese community in the city's development process, starting with the development of their very own Chinatown.
The development of the Davao Chinatown is envisioned to accelerate urban renewal, localized solutions to problems specific for a particular community, and transforming this historical area into a world-class tourist and investment destination befitting the City of Davao.
SECTION 4. DEFINITION OF TERMS. As used by the Davao City Chinatown Development Council and in these Rules, the following terms are defined as follows:
a) Ethnic Chinese are people with some measurable degree of Chinese parentage, who can speak and understand at least one Chinese dialect, who have received a minimum of Chinese-language education, and who have retained some Chinese customs and traditions enough to consider themselves and considered by their neighbors as Chinese.
b) Philippine Chinese refers to the community or the people in general, i.e. the Philippine Chinese history, Philippine Chinese culture, etc
c) Filipino-Chinese refers to the traditional or older Chinese who are predominantly Chinese in identity but Filipino in citizenship When used in names of organizations, it means that these groups have members who are either Chinese or Filipino citizens, i.e. Filipino-Chinese Fire Prevention Association, etc.
d) Chinese-Filipino (also known as "Chinoys") refers to the young, mostly native- born ethnic Chinese who identify themselves as Filipinos first, but still maintain their Chinese cultural identity.
e) Alien Chinese are the Chinese who are not Filipino citizens, especially those from Hong Kong, Taiwan, Macau, Mainland China, and other countries.
f) Self-Sustaining mean being able to independently provide for one's own needs without any subsidy or funding support from the city government.
g) Ex-Officio Capacity means membership by virtue of one's office or position
h) Five Recognized Chinese School in Davao City refer to the Philippine Academy of Sakya, Davao Central High School, Davao Christian High School, Colegio de San Ignacio, and Stella Maris Academy
i) Gender Responsiveness means ensuring that the needs and active participation of both women and men are equally integrated into the planning and decision-making process. It is important element in participatory governance and efficient urban planning and management and a declared development policy of the City Government of Davao. It includes use of gender disaggregated data and gender-specific analysis. RULE 2 JURIDICAL BOUNDARIES
SECTION 5. TERRITORIAL BOUNDARIES. Davao City Chinatown shall include the entire area bounded by Ramon Magsaysay Avenue, Sta. Ana Avenue and that portion of Leon Garcia Street between Ramon Magsaysay and Santa Ana Avenue on one end and that portion of J.P. Laurel Avenue between Ramon Magsaysay and Sta. Avenues and Soliman Street on opposite end, including Magsaysay Park and Santa Ana Wharf and the areas occupied by buildings, stores, commercial establishment and other structures whatever kind of nature, which are nearest and immediately adjacent to the boundaries of Davao City Chinatown as herein delineated, which as defined, include portion of Brgy. 13-B, Brgy. 14-B, Tomos Monteverde, Brgy. 26-C, Brgy. 28-C, Brgy. 29- C, and entirety of Brgy. 27-C and Brgy. 30-C, all in City of Davao.
RULE 3 ORGANIZATIONAL MECHANISMS
SECTION 6. COMPOSITION OF THE COUNCIL. The Davao City Chinatown Development Council (DCCDC) shall be composed of 17 members who shall hold the ^-@-y corresponding positions:
\\ '' i 1) The City Mayor as Chairperson on the Council;
1 ^ 11 z1) The Chairperson of Committee on Tourism & Beautification of the Sangguniang 3^57"/. #/ I Panlungsod as Vice-Chairperson; 3) The City Tourism Officer of the City Tourism Operations Office as Secretary; P r @ _M_2piJ3_-4) The City Planning & Development Coordinator of the City Planning & \ ( ' ~ Development Office as Member; A tijrJf / I t ^ Head of City Environment & Natural Resources Office as Member;
/"jufc 02 W3 Head of City Engineer's Office as Member;
nLf*M' ^Ri'cMy Police Director of the Davao City Police Office as Member;
JT___8) Brgy. Chair of Barangay 27-C as Member; \ ^'n __2___9) Brgy. Chair of Barangay 30-C as Member;
I lOIEiaht (8) members from the private sector who shall be appointed by the City Mayor from bonafide Davao Filipino-Chinese constituents of Davao City based on competence and expertise in their respective fields. Of which, |our (4) representatives shall come from business establishments operating in Chinatown; three (3) representatives from socio-civic organizations with significant Filipino-Chinese memberships; and Qrj _(1) representative from the academe to be chosen by all the five (5) recognized Chinese Schools in Davao City.
SECTION 7. TERM OF OFFICE. The Chairperson shall sit in such capacity for the duration of his/her term as City Mayor of Davao City All other members from the private sector so appointed shall hold ofice coterminous within the term of the appointing City Mayor In the event of death, resignation, removal or disability of a member, the Chairperson shall appoint a replacement. The person so appointed to replace a member who has resigned, died, removed for cause or disabled shall serve the remainder of the term of the office
SECTION 8. QUALIFICATIONS AND DISQUALIFICATIONS OF A MEMBER FROM THE PRIVATE SECTOR. Every member from the private sector must be a citizen of the Republic to the Philippines and shall belong to the Davao Filipino- Chinese Community, at least twenty-five years of age, of good moral character, and must not have been convicted by final judgment by any competent court in the Philippines for a crime involving moral turpitude.
SECTION 9. OATH OR AFFIRMATION OF MEMBERS. The members shall take their oath or affirmation before the City Mayor after his/her appointment as member of the council.
SECTION 10. RIGHTS OF MEMBERS. A member shall have the following rights:
a. To exercise the right to vote on all matters relating to affairs of the Council; b. To participate in all deliberations/meetings of the Council; c. To examine all records or book of the Council at reasonable hours on business days.
SECTION 11. GROUNDS FOR REMOVAL OF MEMBERS. The grounds for which a member may be removed are as follows:
a. Malversation of Council's funds; b. Falsification of Council's records; c. Any other act inimical to the interest of the Council, which affects its prestige and/or operation.
Any member may be removed from office only after observance of due process, and by two-thirds (2/3) vote of the total membership of the Council at a regular or special meeting called for the purpose
No member shall be removed until he/she has had full opportunity upon reasonable notice to answer the charges against him/her But if upon reasonable notice he/she fails to appear and answer the accusation, the Council may process to determine the matter ex-parte.
SECTION 12. MEETINGS, NOTICES, AND QUORUM OF THE COUNCIL. The Council shall meet once a month or as often may be necessary, on such a day, time and place as it may fix. The Secretary shall send notices of the date, time and place of such meeting at least five (5) days before the intended meeting. The presence of at least a majority of its members shall constitute a quorum, and a majority of the quorum in a meeting validly held shall be required for the council to exercise its powers and perform its functions.
The Chinatown Development Council shall act or decide officially and exclusively through a Council Resolution approved by a majority of the members present, provided there is a auorum. SECTION 13. MINUTES OF MEETING. All minutes of the Council's meeting shall be recorded faithfully and accurately, and preserved by the Council Secretary as a record of the official business conducted
SECTION 14. POWERS AND FUNCTIONS OF THE CHAIRPERSON. The Chairperson of the Council or his/her duly appointed representative shall have the following power and duties:
a. To preside over the regular and special meetings of the Council; b. To recommend to the council policies and measures he/she may deem necessary to carry out the objectives ol the Council; c. Generally, to exercise such other powers and perform such other duties as may be authorized by the Council, from time to time.
SECTION 15. POWER AND FUNCTIONS OF THE VICE-CHAIRPERSON. The Vice-Chairperson of the Council shall have the following powers and duties:
a. Preside over the regular and special meetings of the Council in the absence of the Chairperson; b. Perform other duties of the Chairperson in the absence of the latter, and such other duties as may be assigned to him/her by the Council.
SECTION 16. COUNCIL SECRETARIAT. The City Tourism Officer of the City Tourism Operations Office shall act as the Head of the Council Secretariat. The Council Secretariat Head shall appoint the members of the Secretariat and determine their logistical needs.
SECTION 17. FUNCTIONS OF THE COUNCIL SECRETARIAT. The Secretariat of the Council shall perform the following functions:
a. Coordinate the activities of the Council, b. Serve as the center of communication bv receiving and disseminating information from and to members of the Council c. Document meetings and other activities ;i the Council; d. Keep all the records of the Council and e. Perform other functions as may be assigned by the Chairperson of the Council.
SECTION 18. COUNCIL AUDITOR. The Council shall elect the Auditor from its members. He/she shall examine financial records and audit money and all other properties of the Council. He/she shall alto perform other functions as may be assigned to him/her from time to time by the Council
SECTION 19. COMPENSATION AND REMUNERATION OF THE MEMBERS AND SECRETARIAT OF THE COUNCIL. Members and Secretariat of the Council shall perform their duties as such and shall be entitled to the necessary travelling expenses, allowance or honorarium chargeable again-:! the fund of the Council subject to applicable accounting and auditing rules and regulations.
SECTION 20. CREATION OF COMMITTEES BY THE COUNCIL. The Council may create Committees which it may deem appropriate and necessary. The Committees shall be headed by the regular mandated members of the Council for the purpose of furthering its functions and achieving its objectives. Any Committee created thereunder shall render official acts or decisions through a Committee Resolution or similar issuance approved by a majority of the committee members present, provided there is a quorum.
RULE 4 POWERS, DUTIES AND FUNCTIONS OF THE COUNCIL
SECTION 21. PURPOSE AND GUIDELINES ON ITS POWERS, DUTIES AND FUNCTIONS. The Council shall be the prime advisory, coordinative, lead and monitoring body in planning and implementing the Chinatown Development Plan.
a) As an Advisory Body, the Council shall provide both the legislative and the executive branches of the city government relevant and timely inputs that will aid them in policy formulation, development, program conceptualization, and planning for the development of Chinatown.
b) As a Coordinating Body, the Council shall embark on programs, projects and activities that are aimed at establishing mobilizing and strengthening linkages with local, national, international agencies and other stakeholders.
c) As a Lead Group, the Council shali spearhead the massive information, education and communication campaigns on the city's Filipino-Chinese heritage, and on the programs and projects of Chinatown.
d) As a Monitoring Body, the Council shall pursue the proper and conscientious implementation of the Ordinance and other policies approved and adopted by the body.
SECTION 22. DUTIES AND FUNCTIONS. The Council shall be tasked with the following duties and functions:
a) Plan, conceptualize and draft the Davao City Chinatown Development Plan in the context of ensuring Chinatown's sustainable development;
b) Identify the goals v objectives, programs and projects of the Chinatown Development Plan, and conduct feasibility studies;
c) Provide overall direction, coordination and supervision in the planning and implementation of the Davao City Chinatown Development Plan.
d) Enlist the support of the different divisions, departments, branches and bureaus of the City of Davao, as well as the non-government organizations and other components of the private sector involved with the development of the Chinatown;
e) Define and promulgate its implementing Rules and Regulations for the effective administration of its internal operations: and
f) Conduct itself and its own operations in a manner consistent with na!ional and local laws, as well as the policies and programs of the City Government of Davao.
SECTION 23. ANNUAL REPORT The Council shall submit to the Chief Executive of the City, a yearly report on its financial status, progress and impact of all its policies, programs and projects as well as its other activities. The Co'inr11'-. annual report shall include, among others, gender losponsiveness of its policiua, ^.ograms, projects and activities consistent with the gender and development framework of the City of Davao. The reports shall include, among others, disaggregated data on gender and programs and projects geared towards women empowerment.
SECTION 24. OTHER POWERS AND FUNCTIONS. The Council shall exercise all powers and functions necessary for the objectives and purposes of City Ordinance No. 0179-03, as amended.
RULE 5 FINANCIAL MANAGEMENT
SECTION 25. SOURCE OF FUNDS. As far as applicable, the funds of the Council shall be in a format of a trust fund with the City Government of Davao and the same shall only be used for the following purposes.
1) Overhead expenditures 2) Programs 3) Events 4) Projects 5) Activities 6) And, other expenses with which the Council will use for future laid plans for the development of Chinatown.
The maintaining of the trust fund and the payment of the Council expenditures shall be in accordance with the government accounting and the auditing rules and regulations.
SECTION 26. DISBURSEMENTS. All disbursement or expenditures of the funds of the Chinatown Development Council must first be authorized through a duly approved Council Resolution. Any disbursement of funds of the Council, whether cash, check or any instrument shall undergo existing accounting and auditing rules and regulations.
RULE 6 FINAL PROVISION
SECTION 27. SEPARABILITY CLAUSE. If, for any reason, any section or provision of the herein Implementing Rules and Regulations is declared unconstitutional or invalid, the other sections or provisions thereof not affected thereby shall continue to be in full force and effect.
SECTION 28. EFFECTIVITY CLAUSE. This Implementing Rules and Regulations shall take effect immediately after its approval.
Done in the City of Davao, Republic of the Philippines, this JUN 2 8 2013 f]ay of
, 2013.
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