W-ll BO, CMO <y Republic of the Philippines OFFICE OF THE PHILIPPINES City of Davao 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. qik-ZSZ St> Ground Floor, City Hall Building, San Pedro St., Davao City (082) 227-2577 @ (082) 225-0063 @ davaocitymayor@gmail.com 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.