OCTOBER 13 - OCTOBER 19, 2019 8
Republic of the Philippines City of Dumaguete
Office of the Sangguniang Panlungsod TWENTY THIRD (23RD
JUNE 19, 2019 PRESENT:
HON. FRANKLIN D. ESMEÑA, JR., Presiding Officer CITY VICE-MAYOR HON. ALAN GEL S. CORDOVA
HON. KARISSA FAYE R. TOLENTINO-MAXINO HON. AGUSTIN MIGUEL A. PERDICES HON. ESTANISLAO V. ALVIOLA HON. JOE KENNETH K. ARBAS HON. LILANI L. RAMON HON. MICHAEL M. BANDAL HON. MANUEL R. ARBON
HON. MANUEL L. SAGARBARRIA ABSENT: HON. JOSE VICTOR V. IMBO
RESOLUTION No. 218 Series of 2019
Author: Councilor MANUEL R. ARBON Co-Authors: Councilors LILANI L. RAMON, ALAN GEL S. CORDOVA and JOE KENNETH K. ARBAS
EXPLANATORY NOTE The so-called “Septage Management System Ordinance” of Dumaguete
City (i.e., Resolution No. 141, enacting Ordinance No. 18, Series of 2006) is designed primarily to ensure the cleanliness and safety of the underground water supply, as well as ensure its viability in order to avoid ”reducing the quality of life of the citizens”. It provides that all consumers of water properly serviced by the Dumaguete City Water District (DCWD), should pay a corresponding user’s fee based on the volume of water (in cubic meters) consumed in a given billing period, provided that said consumer has a septic tank (i.e., 3-chambered per Section 9 (d) of the Ordinance). The same Septage Management System Ordinance also allows for a free desludging or siphoning off of the septic tank for the first occasion, and subsequent desludging of the septic tank would be billed accordingly based on a schedule of fees. However, a strict and unbending implementation of this Septage Management System Ordinance is actually working injustice to those business or stall owners at the Dumaguete City Public Market Complex who are understandably not having individual septic tanks. (Arguably this ‘unfairness’ equally applies to other stakeholders who do not have septic tanks). In reality, they are only relying on the communal septic tank owned and maintained by the City Government -- who is expected to provide the same to the consuming public who patronize the public market, together with the small businessmen selling therein. Unfortunately, even if these stall holders do not have separate septic tanks, they are still automatically made to pay for the septage fee. The same predicament is faced by tenants of commercial establishments and buildings who have separate metered water connections, but share communal septic tanks. Why should they also pay for the septage fee? Now, pursuant to the general welfare clause under Section 17 of R.A. 7160, it is important that this provision in the Septage Fee Ordinance should be amended, so as to exclude stall holders at the Dumaguete City Public Market, as well as privately-owned malls, from its coverage. WHEREFORE, on motion of Councilor Manuel R. Arbon, duly seconded
by Councilors Agustin Miguel A. Perdices and Lilani L. Ramon, the City Council in session assembled:
RESOLVED, AS IT IS HEREBY RESOLVED, to enact –
ORDINANCE No. 69 Series of 2019
AN ORDINANCE AMENDING THE DUMAGUETE CITY “SEPTAGE MANAGEMENT SYSTEM ORDINANCE”, BY EXCLUDING WATER CONSUMERS WITH COMMUNAL SEPTIC TANKS, OR WHO HAVE NO SEPTIC TANKS, FROM PAYING THE USER FEE, REDUCING THE USER FEE BY FIFTY CENTAVOS (P0.50) FOR OTHER CONSUMERS, AND FOR RELATED PURPOSES
Be it ordained by the Sangguniang Panlungsod of Dumaguete, that: SECTION 1. - Section No. 15 of the “Septage Management System
Ordinance” (Resolution No. 141/Ordinance 18, Series of 2006) is hereby amended by adding the following sub-sections: x x x (Section 15.1 to 15.3) “Section 15.4. Water concessionaires, whether private or public, who have no individual and proper septic tanks, or who use communal septic tanks and do not have individual or separate toilet facilities in their leased area, such as those in the public markets, shall be exempt from paying the User Fee.
Section 15.5. As regards private communal septic tanks, expenses for the desludging of the same shall be borne by the building or structure owner who may pass on the expenses to the tenants or stall holders on a mutually agreed upon scheme or arrangement.
Section 15.6. The present user fee of P2.00 per cubic meter, intended for desludging septic tanks of water concessionaires shall be reduced, to P1.50 per cubic meter of water consumed.” x x x
x x x x x x
SECTION 2. - Letter “a” of Section 8.2, Article VI of Ordinance No. 18, Series of 2006, is hereby amended as follows: a. Owners of existing septic tanks that are not accessible for desludging are required to repair or upgrade their tanks so it can be desludged. If repairs are not possible, such owners are required to build a new septic tank that will comply with the provisions set herein. However, indigent families as certified by the authorized representatives of the Department of Social Welfare and Development and the Barangay Council concerned, whose houses do not have septic tanks, inaccessible for desludging or the like, may be provided by the City Government with communal septic tanks, and/or making desludging per se accessible. For this purpose, the City Government will subsidize the construction of the communal septic tanks of indigent families, subject to existing laws. Provided that, the plan to construct the communal septic tanks shall be initially assessed, and be favorably recommended by the City Health Office, City Engineer’s Office and the concerned Barangay Chairman. The CSMA or its equivalent, may adopt a scheme of requiring the beneficiaries to help in the construction of their communal septic tank whenever possible. Provided that future repairs of the communal septic tanks shall be borne by their beneficiaries. Households who may not be classified as indigent may avail of the communal septic tank at their instance and expense.”
SECTION 3. - The Implementing Rules and Guidelines for the
implementation of this amendatory Ordinance shall be prepared by the Office of the City Mayor, in coordination and consultation with the City Health Office, the City Engineer’s Office, the President of the Liga Ng Mga Barangay – Dumaguete City Chapter, and the City Legal Officer, within thirty (30) days from its approval. SECTION 4. Separability Clause. --- If for any reason any part of this Ordinance shall be held invalid or declared contrary to any provision of the Constitution or law, those parts hereof that are not affected by such invalidation shall continue to be in full force and effect, unless the invalidation cover practically the essential parts of this Ordinance, making the valid parts useless. SECTION 5. When effective. --- This Ordinance shall take effect after its publication in bulletin boards at City Hall, all the Barangay Halls of the City, and in accessible but different areas of the Dumaguete City Public Market Complex, as well as weekly publication in a local newspaper of general circulation for at least three weeks. APPROVED. ABSTAINED (out during voting): Councilors ALVIOLA, ARBAS, AMORES & TOLENTINO.
o o o O o o o
I hereby certify that the contents of the foregoing resolution and ordinance are based on the records of the Sangguniang Panlungsod of Dumaguete City.
ATTY. ARTHUR FRAN P. TOLCIDAS Secretary to the Sanggunian
Approved by:
FRANKLIN D. ESMEÑA, JR. City Vice-Mayor Presiding Officer
Date of Approval: Aug. 15, 2019 Attested by:
ATTY. FELIPE ANTONIO B. REMOLLO City Mayor
CITY COUNCILOR
CITY COUNCILOR CITY COUNCILOR CITY COUNCILOR CITY COUNCILOR CITY COUNCILOR CITY COUNCILOR CITY COUNCILOR CITY COUNCILOR CITY COUNCILOR
HON. DIONIE D. AMORES, LIGA-Barangay President CITY COUNCILOR HON. LEI MARIE DANIELLE M. TOLENTINO
CITY COUNCILOR (SK Federation President)
PRESENT: ) REGULAR SESSION FIFTH (5TH Office of the Sangguniang Panlungsod
Republic of the Philippines City of Dumaguete
) REGULAR SESSION OF THE 2019-2022 SANGGUNIANG PANLUNGSOD (JULY 31, 2019)
HON. ALAN GEL S. CORDOVA, Presiding Officer HON. KARISSA FAYE TOLENTINO-MAXINO HON. MANUEL L. SAGARBARRIA HON. JOE KENNETH K. ARBAS HON. MICHAEL M. BANDAL HON. EDGAR P. LENTORIO, JR.
HON. AGUSTIN MIGUEL A. PERDICES HON. BERNICE ANNE A. ELMACO HON. LILANI L. RAMON
HON. MANUEL C. PATRIMONIO
ABSENT: N O N E
HON. ROSEL MARGARETTE Q. ERAMES
HON. DIONIE D. AMORES, LIGA-Barangay President CITY COUNCILOR HON. LEI MARIE DANIELLE M. TOLENTINO,
RESOLUTION No. 274 Series of 2019
Authored by: Councilor KARISSA FAYE TOLENTINO-MAXINO
Co-Authored by: Councilors MICHAEL M. BANDAL, AGUSTIN MIGUEL A. PERDICES, BERNICE ANNE A. ELMACO & EDGAR P. LENTORIO, JR.
WHEREAS, Section 11, Article XIII of the Philippine Constitution provides, among others, that there shall be priority for the needs of the underprivileged, sick, elderly, disabled, women and children; WHEREAS, the World Program of action concerning disabled persons was adopted by the United Nations in 1982 through Resolution 317/52; WHEREAS, Batas Pambansa Blg. 344, otherwise known as the
“Accessibility Law”, mandates all local government to promote a barrier free physical environment for the disabled persons; WHEREAS, Section 2 of the Republic Act 7277, also known as the “Magna
Carta for the Disabled Persons”, states the rehabilitation of the disabled person shall be concerns of government on order to foster their capacity to attain a more meaningful, productive and satisfying life; WHEREAS, the Local Government Code of 1991, states that Local Government units shall endeavor to be self-reliant and shall discharge the functions and responsibilities of National agencies and offices devolved to them;
acknowledges that the disabled persons have significantly contributed to the growth and progress of our society, hence, it endeavors to share to them the fruits of development by way of providing desk for their immediate assistance; WHEREFORE, on motion of Councilor Karissa Faye Tolentino-Maxino, and duly seconded by Councilor Agustin Miguel A. Perdices, the Sangguniang Panlungsod of Dumaguete City in session assembled: RESOLVED, AS IT IS HEREBY RESOLVED, to ENACT an ordinance:
WHEREAS, the Local Government Unit of Dumaguete, Negros Oriental
ORDINANCE No. 76 Series of 2019
AN ORDINANCE ESTABLISHING PERSONS WITH DISABILITY DESK (PWD DESK) IN ALL BARANGAYS IN THE CITY OF DUMAGUETE, NEGROS ORIENTAL, AND PROVIDING GUIDELINES THEREFOR, SUBJECT TO APPLICABLE LAWS
Be it ordained by the Sangguniang Panlungsod of Dumaguete City, that: Section 1. TITLE. - This Ordinance shall be known as “AN ORDINANCE ESTABLISHING PERSONS WITH DISABILITY (PWD) DESK ALL BARANGAYS IN THE CITY OF DUMAGUETE, NEGROS ORIENTAL, AND PROVIDING GUIDELINES THEREFOR, SUBJECT TO APPLICABLE LAWS”.
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NOTICE
The public is hereby informed that PAUL RENE LAROA, ELAINE THERESA LAROA, both American citizens of Sacramento, California, and ELENA SABLE LAROA, Filipino, of Cebu City, Philippines, have executed an EXTRAJUDICIAL PARTITION OF ESTATE OF A DECEASED PERSON WITH SIMULTANEOUS WAIVER OF RIGHTS over the property of deceased RENE A. LAROA JR., particularly parcels of land described in KATIBAYAN NG ORIHINAL NA TITULO BLG 98667, KATIBAYAN NG ORIHINAL NA TITULO BLG. 116559, both located in Talibon, Bohol, TRANSFER CERTIFICATE OF TITLE NO. 19975 in Dumaguete City, and TAX DECLARATION NO. GRC6-09-063-02319 in Duljo, Cebu City, on July 23, 2019 in Tagbilaran City, which is registered as Doc. No. 211, Page No. 11, Book No. LXXXIII Series of 2019 in the Notarial Register of Atty. Fermino O. Mar.
MetroPost 2019 October 13 • October 20 • October 27 Branch 44 Dumaguete City
In the matter of recognition of foreign divorce decree
Section 2. DECLARATION OF POLICY. - The Local Government Unit of Dumaguete City, Negros Oriental fully adheres to the constitutional mandate under Section 11, Article XIII as well as R.A. 7277, Magna Carta for Disabled Persons in recognizing the rights and privileges of disabled citizens as an integral part of our society by spearheading viable measures and programs designed to extend comfort and to provide social services to all disabled citizens in the City. Section 3. PURPOSE. - This ordinance gives importance, concern and attention to the disabled persons by establishing Persons with Disability (PWD, for brevity) Desk.
Section 4. DEFINITION OF TERMS. - As used in this ordinance, the following terms shall mean: a) Disabled Persons are those suffering from restriction of different abilities, as a result of a mental, physical or sensory and chronic impairment, to perform an activity in the manner or within the range considered normal for a human being; b) Impairment is any loss, diminution or aberration of psychological, physiological, or anatomical structure of function; c) Disability shall mean (1) a physical or mental impairment that substantially limits one or more psychological, physiological or anatomical function of an individual or activities of such individual; (2) a record of such an impairment; or (3) being regarded as having such an impairment; d) Handicap refers to a disadvantage for a given individual resulting from an impairment or a disability, that limits or prevents the functions or activity, that is considered normal given the age and sex of the individual; e) PWD Desk refers to a facility that would address assistance to disabled persons in a nearby manner, managed by a person designated by the Punong Barangay. It is situated within the premises of the barangay hall.
f) Auxiliary Aids and Services include: 1) qualified interpreters or other effective methods of delivering materials to individuals with hearing impairments;
2) qualified readers, taped tests, or other effective methods of delivering materials to individuals with visual impairments;
- An area shall be designated for the PWD Desk in Barangays and shall be provided with the necessary furniture and fixtures such as, but not limited to table, and chairs. Further, the PWD desk shall provide auxiliary aids and services for their immediate assistance. Section 6. DESIGNATION OF PWD DESK PERSON/IN-CHARGE. - The PWD Desk Person/In charge shall be a barangay resident is trained to provide immediate assistance and auxiliary aids and services to disabled persons. In cases where there are no trained personnel, the person assigned shall undergo training and orientation in PWD Assistance. Section 7. FUNCTIONS OF THE PWD DESK PERSON/IN-CHARGE. The PWD shall: 1. Respond to immediate assistance/aid to disabled persons who approach the PWD Desk;
Section 5. ESTABLISHMENT OF PWD DESK IN ALL BARANGAYS.
3) acquisition or modification of equipment or devices; and 4) other similar services and actions or all types of aids and services that facilitate the learning process of people with mental disability;
the Persons with Disability Affairs Office (PDAO), shall be the lead agency in the full implementation of this ordinance and which shall make the necessary Implementing Rules and Procedures for this purpose for the orderly and systematic enforcement thereof. Section 10. ENFORCEMENT. – This program shall only be effective and shall exist upon the availability of funds, which shall be set aside as the trust fund for this purpose. Section 11. REPEALING CLAUSE. - All ordinances, resolutions, executive
Section 8. BUDGETING/FUNDING. – The City Government shall allocate and appropriate funds for the implementation of this ordinance in the amount of at least Three Hundred Thousand Pesos (P300,000.00) annually to be incorporated in the General and/or Supplemental Budget of the city under the Persons with Disability Affairs Office (PDAO). Section 9. IMPLEMENTING OFFICE. – The Office of the Mayor, thru
2. Provide auxiliary aids and services; 3. Perform other related functions.
issuances, or rules and regulations, or parts thereof, whose provisions are inconsistent with or contrary to the provisions of this Ordinance, are hereby deemed repealed, amended, or modified accordingly. Section 12. APPLICABILITY CLAUSE. - The provisions of existing applicable ordinances, resolutions, executive orders which are not contradictory with this Ordinance are hereby adopted as an integral part of this Ordinance. Section 13. SEPARABILITY CLAUSE. - If, for any reason, any section or provision of this Ordinance is held unconstitutional or invalid, the other sections or provisions hereof not affected thereby shall remain in full force and effect.
Section 14. EFFECTIVITY CLAUSE. -This Ordinance shall take effect immediately after publication in a newspaper of general circulation in Dumaguete City. APPROVED.
I hereby certify that the contents of the foregoing resolution and ordinance are based on the records of the Sangguniang Panlungsod of Dumaguete City.
o o o O o o o
ATTY. ARTHUR FRAN P. TOLCIDAS Secretary to the Sanggunian
ATTESTED BY: APPROVED BY:
ATTY. ALAN GEL S. CORDOVA ATTY. FELIPE ANTONIO B. REMOLLO City Vice-Mayor
City Mayor
Ace Cruz- Herrera, Petitioner -versus-
Maria Cristina Villegas; the local Civil Registrar of Dumaguete City, the National Statistician, and Civil Registrar General of the Philippine Statistics Authority, Respondents
Special Proc. No. 2019-5526
Republic of the Philippines Regional Trial Court 7th
Judicial Region
CITY VICE-MAYOR CITY COUNCILOR CITY COUNCILOR CITY COUNCILOR CITY COUNCILOR CITY COUNCILOR CITY COUNCILOR CITY COUNCILOR CITY COUNCILOR CITY COUNCILOR CITY COUNCILOR
CITY COUNCILOR (SK Federation President)
GUIHULNGAN...FROM P. 3
bandwidth to the barangay hall.
in place for the barangay Trinidad free Wi-Fi project after having talked to its village chief, Luciana Montecino, during the NOTF-ELCAC’s Dagyawan: Talakayan ng Mamayan on Sept. 10 in Guihulngan City. Montecino had even
Du said everything was
When the MOA was signed last year, the project successfully installed free Wi-Fi access to 36 public schools in Negros Oriental, Du said.
assured that the barangay would pass a resolution for the proposed free Wi-Fi project.
Gov. Roel Degamo, who chairs the NOTF-ELCAC, said he hopes that DICT will find alternatives to be able to fulfill its part of the arrangement for the benefit of communities affected by the insurgency and for schools in far- flung barangays. (Judy F. Partlow/PNA)
METROPOST
x-----------------------------------------------------/ ORDER
the issuance of a judgement recognizing and confirming the judgement of Dissolution of Marriage between him and respondent Maria Cristina Villegas; and ordering the City Civil Registrar of Dumaguete City and the Philippines Statistics Authority to cause the regisration thereof.
Petitioner Ace Cruz-Herrera prays through the present petition for
contracted marriage in a civil ceremony officiated by Judge Joseph Elmaco. Subsequently, they filed a Joint Petition for Summary Dissolution of Marriage in the Superior Court of Califonia, County of Los Angeles, which was granted on Feb, 7, 2018 per judgement issued by Thomas Trent Lewis. The dissolution of their marriage was allegedly based on Section 2400 of the California Family Code. An authenticated copy of this Code must be submitted as evidence by the Petitioner.
circulation in this Province and its component cities, once a week for three consecutive weeks at Petitioner’s expense. Copies hereof must likewise be posted at the entrance door of this Court, and on the respective bulletin boards of the Office of Clerk of Court, Regional Trial Court, Hall of Justice, Dumaguete City; the City Hall, this City; and the Local Civil Registrar, this City. So ordered. Sept. 17, 2019.
NECIFORO C. ENOT Presiding Judge
MetroPost 2019 October 13 • October 20 • October 27
Regional Trial Court of Negros Oriental 7th
Hall of Justice, Dumaguete City
Home Development Mutual fund (Pag-IBIG), Mortgagee vs. –
Enriquito A. Bulos, married to Iannie E. Opinion, Mortgagor
x ------------------------------------------------/
filed by Home Development Mutual Fund (Pag-IBIG), (mortgagee), against Enriquito A. Bulos, married to Iannie E. Opinion (mortgagor), with postal address at Villa Verde Subd., Buñao, Dumaguete City, Negros Oriental, to satisfy the mortgage indebtedness which, as of July 22, 2019, amounted to Five Hundred Fifteen Thousand Twenty Five Pesos & 23/100 only (P515,025.23), inclusive of interest and penalty charges, the undersigned will sell at public auction to the highest bidder for cash and in Philippine currency on Oct. 29, 2019 from 9:00 in the morning until 4:00 in the afternoon at the Office of the Clerk of Court & Ex- Officio Sheriff, located at the Hall of Justice, E.J Blanco Drive, Dumaguete City, Philippines, the hereunder described properties of the mortagagor, together with the improvements now existing thereon, to wit:
TRANSFER CERTIFICATE OF TITLE NO. 21333 A parcel of land, Lot 1792-D-8 of the subdivision plan, Psd-07-022110, being a portion of Lot 1792-D (LRC) PSD-77554, situated in the barrio of Buñao, city of Dumaguete, island of Negros. Bounded on the North along line 1-2 by Lot 1792-D-7 of the subdivision plan; on the East along line 2-3 by Lot 1796, and on the South along line 3-4 by Lot 1815, both of the Dumaguete cadastre; on the West along line 4-1 by Road Lot 1792-D-18 of the subdivision plan. Beginning at a point marked 1; on plan being North 84 degrees 40’ East 384.22 meters from BBM #5, Dumaguete cadastre; thence South 83 degrees 47’East 18.55 meters to point 2; thence South 5 degrees 49’West 20.62 meters to point 3; thence South 83 degrees 47’West 18.52 meters to point 4; thence North 4 degrees 47’ East 24.68 meters to point of beginning; containing an area of Four Hundred Sixteen (416) square meters, more or less. All points referred to are indicated on the plan and are marked on the ground as follows; point 3 by “BL” are conc. mons. 15x15x60 cms., and the rest are all “PS” cyl. conc. mons. 15x45 cms., bearings true; date of original survey January-August, 1916, and that of the subdivision survey on Aug. 25, 1990 by Geodetic Engr. Justine S. Pinili and approved by the Regional Director, Bureau of Lands, Cebu City on Jan. 25, 1991.
and time.
shall be held on Oct. 31, 2019 without further notice. Dated this 10th
Philippines. By:
All sealed bids must be submitted to the undersigned on the said date In the event the public auction should not take place on the said date, it day of September, 2019 in the City of Dumaguete,
HENRI VOLTAIRE T. SOJOR Sheriff IV
ATTY. MARIA ANTONIA L. BULADO Clerk of Court & Ex- Officio Sheriff
MetroPost 2019 September 29 • October 6 • October 13 Upon extra-judicial petition for sale under Act No. 3135, as amended, NOTICE OF EXTRAJUDICIAL SALE (under Act 3135 as amended)
EJFREM No. 2019- 3533 Extrajudicial Foreclosure of Real Estate motgage
Republic of the Philippines Judicial Region
The Petition is set for hearing on Nov. 22, 2019 starting at 8:30 a.m. Petitioner is ordered to publish this Order in a newspaper of general
Petitioner alleges that on Nov. 19, 2013, he and respondent Villegas
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