ORDINANCE NO: 2024-591
Sponsored by: Honorable Ma. Alicia Elena V. Ariosa
WHEREAS, Article X, Section (Local Government) of the 1987 Constitution provides that each Local Government unit shall have the power to create its own sources of revenues and to levy taxes, fees and charges subject to such guidelines and limitations as the Congress may provide, consistent with the basic policy of local autonomy. Such taxes, fess, and charges shall accrue exclusively to the local government;
WHEREAS, Rule XXX, Part One, Art. 218 of the Implementing Rules and Regulations of R.A 7160 specifically provides that consistent with the basic policy of local autonomy, each LGU shall exercise its power to create its own sources of revenue and to levy taxes, fees, and charges subject to the provisions of this Rule. Such taxes, fees, and charges shall accrue exclusively to the LGU;
WHEREAS, Article 100, (a), (5), (XV) of the Implementing Rules and Regulation of R.A 7160 states that the Sangguniang Bayan, as the Legislative Body of the Municipality, shall enact Ordinances, approve resolutions and appropriate funds for the general welfare of the municipality and its inhabitants pursuant to Section 16 of the Code and in the proper exercise of the corporate powers of the municipality as provided in the Rule IX of these Rules, and shall establish and provide for the maintenance and improvement of Jails and detention center, institute sound jail management programs, and appropriate funds for the subsistence of detainees and convicted prisoners in the municipality;
WHEREAS, in comparison, under the Department of Interior and Local Government (DILG), the Philippine National Police (PNP) and the Bureau of Fire Protection (BFP) have ways and means of generating revenues for the National Treasury;
WHEREAS, the PNP collects fee for the issuance of police clearances, permits related to firearm use and regulation, and charges for the inspections and other regulatory fees for the operation of security agencies and similar security offices, while the BFP similarly issues paid permits and clearances to inspected commercial establishments on matters on fire prevention and protection;
WHEREAS, the BJMP is one of those organizations in government, specifically within the DILG, that do not have institutional ways and means of contributing to the national treasury nor to the Local Government units while charged with safekeeping Persons Deprived of Liberty (PDL);
WHEREAS, to improve lives and living conditions of our less fortunate constituents detained in jails, a legislative fiat opposite to the augmentation of BJMP's meager operational resources particularly those not provided in the General Appropriation Act or expense items not provided in the national budget, is called for;
NOW, THEREFORE, be it ordained by the Sangguniang Panlungsod (14th City Council) of Pagadian City in session assembled, that:
SECTION 2. PURPOSE AND GENERAL COVERAGE. - This Ordinance is in line with the provisions of the Local Government Code and its Implementing Rules and Regulations concerning common revenue-raising powers, power to create sources of revenue of a Local Government Unit (LGU) and the duties and functions of the Sangguniang Panlungsod respectively. This shall cover the BJMP-manned jail(s) in the City of Pagadian.
SECTION 3. DECLARATION OF POLICY. - Consistent with the Local Government's commitment to improve the lives and living conditions of our less fortunate constituents who are detained in jails, and providing means for the BJMP to generate revenue that will indirectly contribute to the easement of operational requisites for the realization of objectives that are intended for such purpose.
SECTION 4. SCOPE. -
4.2. This Ordinance shall be enforced by the Warden or by his/her authorized representative, and by the City Treasurer.
SECTION 5. DEFINITION OF TERMS. - The following terms/phrases shall be defined, as follows:
5.1. City - refers to the City of Pagadian.
5.2. BJMP-Manned Jail Facility - refers to jail facility managed and supervised by the Bureau of Jail Management and Penology (BJMP) within the territorial jurisdiction of the City of Pagadian.
SECTION 7. SEPARABILTY CLAUSE. - If, for any reason or reasons, any part or provisions of this Ordinance shall be held unlawful or invalid, other parts of provisions thereof not so affected shall continue to be in full force and effect.
SECTION 8. REPEALING CLAUSE. - All ordinances, Rules or Regulations or parts thereof in conflict with or inconsistent with any provision of this Ordinance are hereby repealed, amended or modified accordingly.
SECTION 9. EFFECTIVITY CLAUSE. - This Ordinance shall take effect after fifteen (15) days following the completion of its publication in a newspaper of local circulation for three (3) consecutive weeks or after posting in at least two (2) conspicuous places of the city.
ENACTED AND APPROVED by the Sangguniang Panlungsod (14th City Council) during its 94th Regular Session on 16 October 2024 at the SP Session Hall, 4th Floor City Commercial Center (C3), Santiago District, Pagadian City.