Pagadian City Resolution No. 2020-0689 — REMANDING, WITHOUT ACTION, BARANGAY ORDINANCE NO. 2020-001 TO THE BAR…

RESOLUTION NO. 2020-0689
(Sponsored by: Committee on Games, Amusement & Sports)

"A RESOLUTION REMANDING, WITHOUT ACTION, BARANGAY ORDINANCE NO. 2020-001 TO THE BARANGAY COUNCIL OF TUBURAN, WITH A FURTHER ADVISE TO STRICTLY OBSERVE AND ADHERE WITH THE PROVISIONS OF CITY ORDINANCE NO. 2019-430 AND CITY ORDINANCE NO. 14, S. OF 1978 AS WELL AS THE LIMITATION OF BARANGAY GOVERNMENT IN THE IMPOSITION OF FINES AND PENALTIES AS PRESCRIBED UNDER ITEM NO. 14 OF PARAGRAPH (a) OF REPUBLIC ACT NO. 7160" 

WHEREAS, the Barangay Council of Tuburan passed Barangay Ordinance No. 2020-001, entitled: "An Ordinance Regulating The Operation Of Internet Cafes, Peso Net, Computer Gaming Shop And Other Night Amusement Activities Specifically: Videoke, Video Singko, Bar Houses And Other Amplified Sounds, In The Eleven (11) Puroks Of Tuburan District, Pagadian City, Zamboanga Del Sur Providing Safekeeping Guidelines For Minors, And Penalties Therefore, And For Other Purposes," and transmitted the same to the Sangguniang Panlungsod for review and confirmation pursuant to the provisions of Republic Act No. 7160; 
 
WHEREAS, the Committee on Games, Amusement & Sports-to which the foregoing matter was initially referred-through its Committee Report No. 219 provided the following findings and observations for the Barangay Council of Tuburan to strictly adhere thereto, viz:

Section 2 of City Ordinance No. 2020-430 provides for the prohibition of any owner/operator of internet service sites, joints cafes, stations, centers or similar business entities within Pagadian City to allow persons, seventeen (17) years old and below and/or high school and elementary students, to use/operate its computer units during school hours from 7:00 a.m. to 11:00 a.m. and 1:00 p.m. to 4:00 p.m. from Monday to Friday excluding school holidays and summer classes only purposely to provide an opportunity to the students to conduct their academic projects and researches;

City Ordinance No. 14, series of 1978, strictly prohibits operators/managers of night clubs and bar houses to serve liquor or alcoholic beverages to minors under eighteen (18) years of age; and

Item No. (14) of Paragraph (a) of the Local Government Code prescribes the amount of fine not to exceed One Thousand Pesos (P1,000.00) for violation of barangay ordinances 

WHEREAS, the body, based on the recommendation of the concerned Committee, deems it appropriate to remand the foregoing Barangay Ordinance for appropriate amendment and/or modification thereto; 

NOW, THEREFORE, on seconded motion of Honorable Sam Tyra F. Co, be it





RESOLVED to remand, as this body hereby remands, without action, Barangay Ordinance No. 2020-001 to the Barangay Council of Tuburan, with a further advise to strictly observe and adhere with the provisions of City Ordinance No. 2019-430 and City Ordinance No. 14, s. of 1978 as well as the limitation of Barangay Government in the imposition of fines and penalties as prescribed under Item No. 14 of Paragraph (a) of Republic Act No. 7160. 

RESOLVED FURTHER, that copies of City Ordinance No. 2019-430 and City Ordinance No. 14, s. of 1978, be furnished to the Barangay Council of Tuburan for their reference.

RESOLVED, FINALLY, to let copies of this Resolution be transmitted to the Barangay Council of Tuburan through its Punong Barangay, for information and appropriate action.

APPROVED UNANIMOUSLY.

I HEREBY CERTIFY to the correctness of the foregoing resolution. 


 MAPHILINDO Q. OBAOB, MPA, MAGaD
 City Vice Mayor/Presiding Officer

Verified: 
 ATTY. TEODORO M. QUICOY
 SP Member/Floor Leader


Attested:
 ELKID P. NACUA
 Secretary to the Sangguniang Panlungsod