Further Amending Provincial Ordinance No. 2010-084 Otherwise Known as the Provincial Revenue Code of 2010

August 19, 2014 Excerpt from the Minutes of the 33rd Regular Session of the 11th Sangguniang Panlalawigan ng Iloilo, Held in the Session Hall of the New Iloilo Provincial Capitol, Bonifacio Drive, Iloilo City on August 19, 2014. PRESENT: Hon. Paulino M. Parian Acting-Presiding Officer Hon. Raul "Boboy" C. Tupas Vice-Governor Hon. June S. Mondejar Floor Leader Hon. Ninfa S. Garin Member Hon. Dennis T. Valencia Member Hon. Demetrio P. Sonza Member Hon. Emmanuel R. Gallar Member Hon. Licurgo P. Tirador Member Hon. Carmen Rita Monfort-Bautista Member Hon. Maria Shalene Palmares-Hidalgo Member Hon. Nielo C. Tupas Member Hon. Jeneda Salcedo-Orendain Member (Pres., Liga ng mga Brgy.) ON LEAVE: Hon. Jesus C. Salcedo RESOLUTION NO. 293-14 RESOLUTION EMBODYING PROVINCIAL ORDINANCE NO. 2014-113, SERIES OF 2014, "AN ORDINANCE AMENDING SECTION 171, CHAPTER XVII OF PROVINCIAL ORDINANCE NO. 2010-084", OTHERWISE KNOWN AS "THE PROVINCIAL REVENUE CODE OF 2010" BY INCLUDING ADDITIONAL LABORATORY TESTS/SERVICES WITH THEIR CORRESPONDING RATES Sponsored by: Hon. Jesus "JR" C. Salcedo WHEREAS, the Iloilo Provincial Government was able to acquire new sets of Digital Display Hydraulic Universal Testing Machine for the quality control section in the Office of the Provincial Engineer. Previously, the Province did not have these equipment and used to utilize the services of the Department of Public Works and Highways (DPWH) Regional Office. Consequently, with the new equipment, the Provincial Government will be able to perform tests and services on its own for construction materials prior to the incorporation into its infrastructure projects; WHEREAS, however, considering that the proceeding laboratory fees were not included in the approved 2010 Provincial Revenue Code, a request was taken to the Members of the Sangguniang Panlalawigan of Iloilo for their consideration so that the Province will be able to charge fees for services from Contractors, and other Government and Private Entities who will avail themselves of the tests and services; WHEREAS, further, based on the opinion of the Provincial Treasurer's Office, the imposition of additional fees to be included in the Provincial Revenue Code will have a great impact on the collection of the local revenue sources of the Province of Iloilo. Also, the Contractors appreciate the acquisition of the testing machines since they can have better and more access to laboratory testing requirements. With respect to the rate of fees imposed herein, all stakeholders in attendance during the hearing signified that the rates are acceptable and reasonable because these are in accordance with the rate imposed by the DPWH; WHEREAS, accordingly, the proposed Amendment of Section 171, Chapter XVII Laboratory Testing Fees of Construction Materials of Provincial Ordinance No. 2010-084 to include additional laboratory tests/services (printed in bold letters) with their corresponding rates, shall be read as follows: CAIHTE Kinds of Test/Service Rate (PhP) A. Soil 1. Grading 200.00 2. Liquid Limit 120.00 3. Plastic Limit 120.00 4. Shrinking Limit 150.00 5. Moisture Content 60.00 6. Compaction (Proctor) 570.00 7. Compaction (Modified) 640.00 8. Field Density 380.00 9. California Bearing Ratio (CBR) 1,160.00 10. Penetration (CDR) per Molded Specimen 90.00 11. Swell (CBR) per Molded Specimen 90.00 12. Specific Gravity 160.00 13. Unit Weight (Disturb Samples) 120.00 B. Soil Aggregates (For sub-base, base and surface course) 1. Grading 200.00 2. Unit Weight, Loose and Gravel 150.00 3. Liquid Limit 120.00 4. Plastic Limit 120.00 5. Specific Gravity and Absorption 200.00 6. Absorption 120.00 7. Moisture Content 90.00 8. Abrasion 420.00 9. Specific Gravity 140.00 10. California Bearing Ratio (Complete Test) 1,160.00 11. Trial Mix (Concrete Design) given Cement Factor 1,120.00 12. Trial Mix (Concrete Design) given Strength a. First Trial 1,060.00 b. Each Extra Trial 820.00 C. Hydraulic Cement 1. Fitness by 200 Sieve 90.00 2. Compressive Strength 28 days (Mortar Strength) 140.00 3. Specific Gravity 90.00 D. Concrete and Cement Products 1. Compressive Strength of Concrete Cubes (6"x6") 100.00 2. Compressive Strength of Concrete Cylinders a. 6"x12" 100.00 b. 8"x16" 120.00 3. Flexural Strength of Concrete Bean (6"x6") 120.00 4. Compressive Strength of CHB (Hollow Blocks) 120.00 5. Dimension Measurement 90.00 6. Masonry Building Units and Paving Blocks a. Moisture Content 150.00 b. Water Absorption & Moisture Content 150.00 E. Ferrous & No-Ferrous Metal & Allied Products 1. Steel Bars for Complete Reinforcements a. Plain Bars 780.00 b. Deformed Bars 890.00 2. Tensile Properties 170.00 3. Bending Properties 100.00 4. Deformation Measurement 100.00 5. Variation in Weight 90.00 WHEREAS, this August Body, after a thorough deliberation, has considered the proposed amendment to Provincial Ordinance No. 2010-084 to include the above-stated laboratory tests/services with their corresponding rates proper based on the favorable recommendation of the Provincial Legal Office that there is no legal impediment to the exercise by this August Body of its power to levy taxes, fees and charges for the services rendered by the LGU or for the use or rental of its assets, pursuant to Section 468 (a) (2) (ii) (3) (l) (Powers, Duties, Functions and Compensation) of R.A. 7160 or the Local Government Code of 1991, to wit: "Section 468. Powers, Duties, Functions and Compensation. (a) The Sangguniang Panlalawigan, as the legislative body of the Province, shall enact ordinances, approve resolutions and appropriate funds for the general welfare of the province and its inhabitants pursuant to Section 16 of this Code and in the proper exercise of the corporate powers of the province as provided for under Section 22 of this Code, and shall: xxx xxx xxx (2) Generate and maximize the use of resources and revenues for the development plans, program objectives and priorities of the province as provided for under section 18 of this Code, with particular attention to agro-industrial development and country-wide growth and progress and relative thereto, shall: (ii) Subject to the provisions of Book II of this Code and applicable laws and upon the majority vote of all the members of the sangguniang panlalawigan , enact ordinances levying taxes, fees and charges, prescribing the rates thereof for general and specific purposes, and granting tax exemptions, incentives or relief. xxx xxx xxx (3) Subject to the provisions of Book II of this Code, rent franchises, approve the issuance of permits or licenses, or enact ordinances levying taxes, fees and charges upon such conditions and for such purposes intended to promote the general welfare of the inhabitants of the province, and pursuant to this legislative authority, shall: DETACa (1) Fix and impose reasonable fees and charges for all services rendered by the provincial government to private persons or entities." WHEREAS, in view of the foregoing considerations, it is respectfully recommended that the Sangguniang Panlalawigan pass an Ordinance approving the proposed amendment to Section 171, Chapter XVII of Provincial Ordinance No. 2010-084 to include additional laboratory tests/services with their corresponding rates above-stated; NOW, THEREFORE, on motion of the Honorable June S. Mondejar, Floor Leader, upon the sponsorship of the Hon. Jesus "JR" C. Salcedo, Chairperson, Committee on Ways and Means, which was duly seconded; BE IT RESOLVED, as it is hereby Resolved, by the Sangguniang Panlalawigan ng Iloilo to enact the following provincial ordinance: ILOILO PROVINCIAL ORDINANCE NO. 113-14 AN ORDINANCE FURTHER AMENDING PROVINCIAL ORDINANCE NO. 2010-084 OTHERWISE KNOWN AS THE PROVINCIAL REVENUE CODE OF 2010 SECTION 1. That Section 171, Chapter XVII of the said Code shall be amended to include additional laboratory tests/services (printed in bold letters) with corresponding rates, to read as follows, to wit: Kinds of Test/Service Rate (PhP) A. Soil 1. Grading 200.00 2. Liquid Limit 120.00 3. Plastic Limit 120.00 4. Shrinking Limit 150.00 5. Moisture Content 60.00 6. Compaction (Proctor) 570.00 7. Compaction (Modified) 640.00 8. Field Density 380.00 9. California Bearing Ratio (CBR) 1,160.00 10. Penetration (CDR) per Molded Specimen 90.00 11. Swell (CBR) per Molded Specimen 90.00 12. Specific Gravity 160.00 13. Unit Weight (Disturb Samples) 120.00 B. Soil Aggregates (For sub-base, base and surface course) 1. Grading 200.00 2. Unit Weight, Loose and Gravel 150.00 3. Liquid Limit 120.00 4. Plastic Limit 120.00 5. Specific Gravity and Absorption 200.00 6. Absorption 120.00 7. Moisture Content 90.00 8. Abrasion 420.00 9. Specific Gravity 140.00 10. California Bearing Ratio (Complete Test) 1,160.00 11. Trial Mix (Concrete Design) given Cement Factor 1,120.00 12. Trial Mix (Concrete Design) given Strength c. n First Trial 1,060.00 d. Each Extra Trial 820.00 C. Hydraulic Cement 1. Fitness by 200 Sieve 90.00 2. Compressive Strength 28 days (Mortar Strength) 140.00 3. Specific Gravity 90.00 D. Concrete and Cement Products 1. Compressive Strength of Concrete Cubes (6"x6") 100.00 2. Compressive Strength of Concrete Cylinders c. n 6"x12" 100.00 d. 8"x16" 120.00 3. Flexural Strength of Concrete Bean (6"x6") 120.00 4. Compressive Strength of CHB (Hollow Blocks) 120.00 5. Dimension Measurement 90.00 6. Masonry Building Units and Paving Blocks c. n Moisture Content 150.00 d. Water Absorption & Moisture Content 150.00 E. Ferrous & No-Ferrous Metal & Allied Products 1. Steel Bars for Complete Reinforcements 2. Plain Bars 780.00 3. Deformed Bars 890.00 4. Tensile Properties 170.00 5. Bending Properties 100.00 6. Deformation Measurement 100.00 7. Variation in Weight 90.00 SECTION 2. Separability Clause . If, for any reason, any provision of this Ordinance should be held unconstitutional or invalid, other parts or provisions hereof, which are not affected thereby, shall continue to be in full force and effect. SECTION 3. Effectivity . This Ordinance shall take effect after its publication in full for three (3) consecutive days in a newspaper of local circulation, and posting in at least two (2) conspicuous and publicly accessible places, whichever occurs later, pursuant to Article 277 of the Implementing Rules and Regulations of RA 7160, otherwise known as the Local Government Code of 1991. RESOLVED FURTHER, to furnish copies of this Resolution, the Governor, Hon. Arthur D. Defensor, Sr.; Vice Governor, Hon. Raul "Boboy" C. Tupas, all SP Members, all Municipal Mayors, the Offices of the Provincial Legal Officer, Treasurer, the Provincial Engineer, and the Hon. Jesus "JR" C. Salcedo, Chairperson, Committee on Ways and Means, all of the Province of Iloilo, for their information and guidance. I HEREBY CERTIFY to the correctness of the above-quoted Resolution. (SGD.) ATTY. RAUL S. TIOSAYCO, JR. Secretary to the Sanggunian CONCURRED BY: (SGD.) JUNE S. MONDEJAR Floor Leader ATTESTED BY: (SGD.) PAULINO M. PARIAN Acting-Presiding Officer APPROVED: (SGD.) ARTHUR D. DEFENSOR, SR. Governor n Note from the Publisher: Copied verbatim from the official copy.