An Ordinance Amending Article D, Section 3.D.01 and Section 3.D.10 of Ordinance No. 07-18 of This Sanggunian, "The Revised Revenue Code of Misamis Occidental"

August 24, 2020 Excerpts from the MINUTES of the REGULAR SESSION of the Sangguniang Panlalawigan of Misamis Occidental held at the Sangguniang Panlalawigan Session Hall, Misamis Occidental Provincial Capitol Building, Oroquieta City on August 24, 2020. MISAMIS OCCIDENTAL PROVINCIAL ORDINANCE NO. 065-20 AN ORDINANCE AMENDING ARTICLE D, SECTION 3.D.01 AND SECTION 3.D.10 OF ORDINANCE NO. 07-18 OF THIS SANGGUNIAN, "THE REVISED REVENUE CODE OF MISAMIS OCCIDENTAL" Authored by Hon. Ruvy D. Ala BE IT ORDAINED by the Sangguniang Panlalawigan of Misamis Occidental in Session: SECTION 1. Title. This Ordinance shall be otherwise known as, "An Ordinance Changing the Basis of Extraction Tax for Sand and Gravel and Other Quarry Resources such as, but Not Limited to, Limestones/Whitestone, Filling Materials (Sandy Soil, Ordinary Earth) and an Increase of Surety Bond Issued by the Government Service Insurance System (GSIS) in the Amount of Twenty Thousand Pesos (P20,000.00) per Hectare or per Fraction Thereof." SECTION 2. Amendments. That Sections 3.D.01 and 3.D.10 of the Ordinance No. 07-18 of this Sanggunian shall be amended to read as: 2.1 Sec. 3.D.01, Imposition of Tax. There is hereby levied and collected a tax of ten percent (10%) of the fair market value on site, but in no case shall it be less than THIRTY PESOS (P30.00) per cubic meter of earth extracted, ordinary stones, sand, gravel and boulders extraction fee from public lands or from beds of seas, lakes, rivers, stream, creeks, and other public waters within the territorial jurisdiction of Misamis Occidental. The fair market value of the extracted quarry resources shall be based on DTI or other concerned agencies' most current price lists. The permittee shall pay in advance the extraction tax of 50% of the volume extract applied for sand and gravel and other quarry resources such as, but not limited to, limestone/whitestone, filling materials (sandy soil, ordinary earth) Fifteen Pesos (P15.00)/cu.m. and thereafter pay tax of the allowable volume granted upon the approval of the ECC; 2.2 Sec. 3.D.10, Environmental Protection and Rehabilitation of Excavated Areas. Holders of Permits, other than special permit, shall endeavor to preserve the ecological balance in the area and shall rehabilitate the excavated area to conditions suitable for agricultural or other economic endeavors; provided, to guarantee faithful compliance with the said obligation a surety bond issued by the Government Service Insurance System (GSIS) and other Government Financial Institutions in the Amount of FIFFY THOUSAND PESOS (P50,000.00) per hectare or a fraction thereof shall be posted by the applicant before the grant of the permit with a surety acceptable to the Provincial Governor. SECTION 3. Incentive. A Ten Percent (10%) discount on the total extraction tax shall be granted as an incentive to permittees who shall pay their extraction tax in full before the approval of their commercial sand and gravel permit. SECTION 4. Additional Compliance Requirement. Permittees shall put a signage/s or tarpaulins with their names as sand and gravel permittee/s in strategic places within their location. SECTION 5. Separability Clause. If for any reason, any part or provision of this Ordinance shall be held to be unconstitutional or invalid, other parts or provisions hereof which are not affected thereby shall continue to be in full force and effect. SECTION 6. Authority. This Ordinance is pursuant to R.A. 7160, "The Local Government Code of 1991." SECTION 7. Effectivity. This Ordinance shall take effect immediately upon its approval. ENACTED: August 24, 2020. I HEREBY CERTIFY to the correctness of the foregoing Ordinance No. 65-20 which was duly enacted by the Sangguniang Panlalawigan during its REGULAR Session held at the Sangguniang Panlalawigan Session Hall, Misamis Occidental Provincial Capitol Building, Oroquieta City on August 24, 2020. (SGD.) AURORA VIRGINIA M. ALMONTE Vice-Governor/Presiding Officer ATTESTED: (SGD.) IRENE T. ZAPATOS Secretary to the Sanggunian APPROVED: (SGD.) PHILIP T. TAN Provincial Governor Date Approved: September 4, 2020