Republic of the Philippines

CITY OF DAVAO
Office of the City Council

COMMITTEE ON RULES, PRIVILEGES, LAWS AND ORDINANCES

COMMITTEE REPORT ON ITEM NO. 710

RESOLUTION NO. 28 WITH CORRESPONDING ORDINANCE
NO. 02, BOTH SERIES OF 2014 OF THE BARANGAY
COUNCIL OF MANDUG, BUHANGIN DISTRICT, DAVAO CITY,
ENTITLED AN ORDINANCE IMPOSING TAXES, FEES AND
CHARGES ON BUSINESS CLEARANCES, CERTIFICATIONS
AND FOR OTHER PURPOSES.
Background
1. This pertains to a resolution entitled Resolution No. 28 With Corresponding
Ordinance No. 02, Both Series Of 2014 Of The Barangay Council Of Mandug,
Buhangin District, Davao City, Entitled An Ordinance Imposing Taxes, Fees And
Charges On Business Clearances, Certifications And For Other Purposes;
Highlights
2. Pertinent provisions of the said resolution with corresponding ordinance are as
follows;
1) FEES AND CHARGES ON BARANGAY CLEARANCES
a.
b.
c.
d.
e.
f.
g.
h.
i.
j.

Motor/ Tricycle Loan

Bank loan
Local Employment
Overseas Employment
Company Requirements
School Requirements (students)
Postal ID Requirements
PNP Requirements
NBI Requirements
Senior Citizens Requirement

20.00
20.00
20.00
20.00
20.00
10.00
20.00
20.00
20.00
10.00

k.
l.
m.
n.
o.
p.

Association Requirements
Bank Account Requirements
Telephone/ Cable Connection
Drivers License
Electrification Membership
Membership Requirements

20.00
20.00
20.00
20.00
20.00
20.00

2) FEES AND CHARGES ON BARANGAY CERTIICATIONS

a)
b)
c)
d)
e)
f)

Certificate
Certificate
Certificate
Certificate
Certificate
Certificate
1

of Residency
of Indigence
of No Income
of Low Income
of Real Estate
for the delayed registration of Birth,

Item 710/Committee on Rules, Privileges, Laws And Ordinances

20.00
20.00
20.00
20.00
20.00
20.00

Death and Marriage

g) Certification for OSCA Requirement
h) Certification of SSS Requirement
i) Certification for Lingap Requirement

10.00
20.00
20.00

3. The legal basis for the imposition of such fees and charges is pursuant to
Section 152 (b) of Republic Act No. 7160 or otherwise known as the Local
Government Code of 1991 which states that:

Section 152. Scope of Taxing Powers The barangays may levy taxes,
fees and charges, as provided in this Article, which shall exclusively
accrue to them:
(b) Service Fees or Charges barangays may collect reasonable fees or
charges for services rendered in connection with the regulation or the use
of barangay-owned properties or service facilities such as palay, copra, or
tobacco dryers;
4. The said law provides no fixed rate for fees to be imposed by barangay on
clearances but only states that the fees should be reasonable;
5. What is reasonable is said to be that which does not exceed the existing fees
of the government (P25.00);
6. The purpose of this barangay for such imposition fees and charges is to raise
additional funds for essential development and projects;
7. During the Committee Hearing, Barangay Kagawad Maria Lutz A. Mongas was
present. It was clarified during the hearing that the Barangay does not issue
business permits. It seeks to collect fees for issuance of Barangay Clearance
to be used in applying for business permit;

Recommendation
8. This Committee recommends that a resolution be passed approving a
resolution entitled, Resolution No. 28 With Corresponding Ordinance No. 02,
Both Series Of 2014 Of The Barangay Council Of Mandug, Buhangin District,
Davao City, Entitled An Ordinance Imposing Taxes, Fees And Charges On
Business Clearances, Certifications And For Other Purposes.

RESPECTFULLY SUBMITTED this _________ in the City of Davao, Philippines.

SIGNED BY THE SUB-COMMITTEE MEMBERS:

COMMITTEE ON RULES, PRIVILEGES, LAWS AND ORDINANCES

Item 710/Committee on Rules, Privileges, Laws And Ordinances

HON. BERNARD E. AL-AG

Chairperson

HON. BONIFACIO E. MILITAR

S. ALEJANDRE
Vice Chairperson

HON. KARLO S. BELLO

LIBRADO
Member

17th Legislative Body

____ Regular Session
Series of 2014

Item 710/Committee on Rules, Privileges, Laws And Ordinances

HON. AL RYAN
Member

HON. LEAH A.
Member

Republika ng Pilipinas
LUNGSOD NG DABAW
Sangguniang Panlungsod

RESOLUTION NO. __________

Series of 2014
A Resolution approving A Resolution No. 28 With
Corresponding Ordinance No. 02, Both Series Of 2014 Of The
Barangay Council Of Mandug, Buhangin District, Davao City,
Entitled An Ordinance Imposing Taxes, Fees And Charges On
Business Clearances, Certifications And For Other Purposes.

WHEREAS, this pertains to a resolution entitled Resolution No. 28 With

Corresponding Ordinance No. 02, Both Series Of 2014 Of The Barangay
Council Of Mandug, Buhangin District, Davao City, Entitled An Ordinance
Imposing Taxes, Fees And Charges On Business Clearances, Certifications
And For Other Purposes;
WHEREAS, Pertinent provisions of the said resolution with corresponding
ordinance are as follows;

1) FEES AND CHARGES ON BARANGAY CLEARANCES

a. Motor/ Tricycle Loan

20.00

b. Bank loan

20.00

c. Local Employment
d. Overseas Employment

20.00
20.00

e. Company Requirements

10.00

f. School Requirements (students)

20.00

g. Postal ID Requirements

20.00

h. PNP Requirements

20.00

i. NBI Requirements

20.00

j. Senior Citizens Requirement

10.00

k. Association Requirements

20.00

l. Bank Account Requirements

20.00

m. Telephone/ Cable Connection

20.00

n. Drivers License

20.00

Item 710/Committee on Rules, Privileges, Laws And Ordinances

o. Electrification Membership

20.00

p. Membership Requirements

20.00

2) FEES AND CHARGES ON BARANGAY CERTIICATIONS

a) Certificate of Residency

20.00

b) Certificate of Indigence

20.00

c) Certificate of No Income

20.00

d) Certificate of Low Income

20.00

e) Certificate of Real Estate

20.00

f) Certificate for the delayed registration of Birth,

20.00

Death and Marriage

g) Certification for OSCA Requirement

10.00

h) Certification of SSS Requirement

20.00

i) Certification for Lingam Requirement

20.00

WHEREAS, the legal basis for the imposition of such fees and charges is
pursuant to Section 152 of Republic Act No. 7160 or otherwise known as the
Local Government Code of 1991;
WHEREAS, the said law provides no fixed rate for fees to be imposed by
barangay on clearances but only states that the fees should be reasonable;
WHEREAS, what is reasonable is said to be that which that does not exceed
the existing fees of the government (P25.00);
WHEREAS, the purpose of this barangay for such imposition fees and
charges is to raise additional funds for essential development and projects;
WHEREAS, during the Committee Hearing, Barangay Kagawad Maria Lutz A.
Mongas was present. It was clarified during the hearing that the Barangay
does not issue business. It seeks to collect fees for issuance of Barangay
Clearance to be used in applying for business permit;
WHEREAS, there is a need that the Barangay Ordinance of Barangay
Council of Mandug, Buhangin District, Davao City, Imposing Taxes, Fees And
Charges On Business Clearances, Certifications And For Other Purposes be
approved;
NOW THEREFORE, be it resolved as it is hereby resolved that a resolution,
Resolution No. 28 With Corresponding Ordinance No. 02, Both Series Of 2014
Of The Barangay Council Of Mandug, Buhangin District, Davao City, Entitled
An Ordinance Imposing Taxes, Fees And Charges On Business Clearances,
Certifications And For Other Purposes, be passed;
RESOLVED FURTHER, that copies of this Resolution be furnished to the
Office of the City Mayor, Office of the Vice Mayor, and Local Government, and
5

Item 710/Committee on Rules, Privileges, Laws And Ordinances

to all other pertinent government agencies, departments and/or offices for

their guidance and information.

Done this______________, Davao City, Philippines.

Hon. Bernard E. Al-Ag

Chairperson, Committee on Rules, Privileges, Laws and Ordinances

WHEREAS, Rule 7 Section 1 subparagraph (f) of the Implementing Rules and

Regulations states the following:

Item 710/Committee on Rules, Privileges, Laws And Ordinances

The Sangguniang Barangay enacts appropriate Budget Ordinance for

the purpose and submits the same to the Sangguniang
Panlungsod/Bayan for the latters review.

Hello, Doc!

According to Atty. Faith Macailing of DPWH, when a contractor falls behind the
schedule, they (the DPWH) will assess first the negative slippage.

If the negative slippage is more than 15%, they will issue a warning to the
contractor concerned. The contractor will be given an opportunity to explain.

If no adequate explanation is given, they can terminate the contract and have the
said contractor blacklisted.

Section 68 R.A. 9184 (Government Procurement Reform Act) also states that
liquidated damages can be recovered.

P.S.
1. Sorry kayo doc kay taas kayo ang implementing rules sa law. Wala nako nakita
ang basis to terminate the contract. Ang damages ra ako nakita jud.
2. Attached here is the draft for the resolution regarding the SK Budget.

http://uapccd.blogspot.com/2011/08/irr-of-ra-9184-government-procurement.html

www.lawphil.net/s/repacts/ra2003/ra_9184_2003.html

Item 710/Committee on Rules, Privileges, Laws And Ordinances