ORDINANCE NO: 2019-433
(Sponsored by: Hon. Fernando Y. Pameron)
		
"AN ORDINANCE IMPLEMENTING, AS A PREREQUISITE FOR THE ISSUANCE OF THE CORRESPONDING BUSINESS AND BUILDING PERMIT, A CENTRALIZED COLLECTION BY THE CITY GOVERNMENT OF PAGADIAN FOR THE REQUIRED BARANGAY CLEARANCE FEES CONCERNING ANY AND ALL APPLICATION FOR ANY BUSINESS RELATED TRANSACTIONS IN THE CITY OF PAGADIAN"
WHEREAS, pursuant to Republic Act 11032, otherwise known as "An Act Promoting Ease of Doing Business and Efficient Delivery of Government Services," there is a need to streamline and/or simplify the processing of business registration in the City of Pagadian to provide a more efficient and effective revenue collection as well as promote a friendlier atmosphere for taxpayers and investors alike aside from eradicating red tape in the local government's transaction;
WHEREAS, consequently, Section 11 (f) of the said Act states that "Barangay clearances and permits related to doing business shall be applied, issued and collected at the city level in accordance with the prescribed processing time prescribed by the said Act, provided that the share in the collection of such barangay clearance/permit fees shall be remitted to the concerned barangays not later than seven (7) working days of the ensuing month with the list of the issued Building and Business Permit; 
WHEREAS, premises considered, it is thus imperatively necessary for the City Government to institute and/or devise a system or scheme that will effectively and efficiently implement the provisions of Republic Act 11032;
NOW THEREFORE, be it ordained by the Sangguniang Panlungsod (13th City Council) of Pagadian in session assembled that:
SECTION 1. Coverage. - This Ordinance shall be applicable only to the issuance of Barangay Clearance/Permit as a requisite for the issuance of business permit and locational clearance as required for the issuance of building permit by the City Government of Pagadian. All other barangay clearances/permits for purposes other than business related/transaction shall be obtained in the respective barangays.
SECTION 2. Definition of Terms. - The words and phrases used in this Ordinance are hereby defined as follows :
Barangay Clearance - refers to any and all documents issued by the Barangays with or without corresponding fees as defined in their ordinances relative to or in relation to the issuance of business permit and locational/zoning clearance by the City or any other permit as may be required (IRR OF RA 11032);

Barangay Clearance fees - is an amount imposed by the barangays through an ordinance and collected by the city in relation to the issuance of business permit and locational clearance by the city;

Business Permit - is a document that must be secured from the city government, usually through the Business Permits and Licensing Office (BPLO), for a business to legally operate in the locality;

Locational Clearance - is a clearance issued by the City Zoning Administrator/Zoning Officer to a project that is allowed under the provisions of an Ordinance and, it is a requirement for the issuance of Building Permit;
SECTION 3. Authority to Collect Barangay Clearance Fee and its corresponding rates. - For purposes of this Ordinance, the City Government of Pagadian through the City Treasurer is hereby authorized to collect the necessary Barangay Clearance Fee for all Barangay Government Units of Pagadian City in an amount provided in their respective Barangay Revenue Ordinance provided, however, that the amount collected shall be automatically remitted to the concerned barangays pursuant to Section 5 hereof.
The rate of Barangay Clearance Fee to be collected by the City Government for the issued clearance shall be computed in accordance with the subject Barangay Revenue Ordinance herein attached as "Annex A", and made as an integral part hereof.
SECTION 4. Barangay Clearance Signatory. - To ensure an effective execution of the foregoing Ordinance, it shall be required for all 54 Punong Barangays of Pagadian City to provide the City Treasurer's Office with their individual Electronic Signature for the sole and exclusive use in the issuance of barangay clearance in support of any and all application for any business establishment/investment within their respective area of jurisdiction.
The illegal, unlawful and unauthorized use of the Electronic Signature of any and all Punong Barangays of the city by any person duly entrusted with such signatures shall be criminally, civilly and administratively liable. 
SECTION 5. Reporting and Remittance. - Within seven (7) working days of the ensuing month, the City Government through the City Treasurer shall remit all collections for Barangay Clearance Fee to the respective barangays concerned together with the list of the issued Building and Business Permit.
SECTION 6. Separability Clause. - if for any reason, a part of this Ordinance is declared illegal or invalid, other parts or provisions hereof which are not affected thereby shall remain valid and in full force and effect.
SECTION 7. Repealing Clause. - All Ordinances and rules and regulations which are inconsistent with the provisions of this Ordinance are hereby modified, amended and/or repealed accordingly.
SECTION 8. Effectivity Clause. - This Ordinance shall take effect fifteen (15) days after its publication in a newspaper of general circulation in the City of Pagadian.
ENACTED AND APPROVED by the Sangguniang Panlungsod (13th City Council) during its 19th Regular Session on 04 December 2019 at the SP Session Hall, Legislative Building, V. Sagun Street, San Francisco District, Pagadian City.