An Ordinance Amending Section 268 (b) of Provincial Ordinance No. 2011-021 Otherwise Known as the Revised Revenue Code of Oriental Mindoro (2011)

July 21, 2014 Excerpt from the Journal of the 56th Regular Session of the 8th Sangguniang Panlalawigan of Oriental Mindoro Held at Midas Caf, Midas Hotel, Roxas Blvd.,Pasay City, on Monday, 21 July 2014 ORIENTAL MINDORO PROVINCIAL ORDINANCE NO. 036-14 Author: Humerlito A. Dolor, MPA, Ph.D. AN ORDINANCE AMENDING SECTION 268 (b) OF THE PROVINCIAL ORDINANCE NO. 2011-021 OTHERWISE KNOWN AS THE "REVISED REVENUE CODE OF ORIENTAL MINDORO (2011)" WHEREAS , on December 21, 2011, the Sangguniang Panlalawigan of Oriental Mindoro enacted Provincial Ordinance No. 2011-021, entitled "An ordinance enacting the Revised Revenue Code of the Province of Oriental Mindoro (2011)"; WHEREAS ,on 22 December 2011, the Honorable Provincial Governor Alfonso V. Umali, Jr. signed each and every page of the said ordinance as a stamp of his approval; WHEREAS , Section 465 of the Local Government Code of 1991 (R.A. No. 7160) clearly states that the power to enforce laws and ordinances is lodged to the Provincial Governor; WHEREAS ,worthy to emphasize here the operative principle of separation of powers between the legislative and executive branches of government, the former as a law-making body while the latter as the enforcer of laws and implementer of programs, projects and activities; WHEREAS , it is to be observed that under Section 268 (b) of the Revised Revenue Code of Oriental Mindoro (2011), the Provincial Vice Governor is designated to chair the Oversight Committee, which is tasked primarily to formulate and issue the appropriate rules and regulations for the efficient and effective implementation of the provisions of the said Revenue Code; WHEREAS ,the Sangguniang Panlalawigan believes that typographical error was inadvertently committed during the preparation of the said ordinance wherein the Vice Governor was cited in the said provision instead of the Governor, knowing that the previous Provincial Board was indeed cognizant of the fact that the formulation of rules and regulations for the implementation of an ordinance is within the province of the Chief Executive; WHEREAS ,to set things in proper perspective, amendment of Section 268 (b) of Provincial Ordinance No. 2011-021 is therefore necessary; NOW THEREFORE, BE IT ORDAINED ,as it is hereby ordained by the Sangguniang Panlalawigan of Oriental Mindoro, in session duly assembled: SECTION I. Title. This Ordinance shall be known as "An Ordinance amending Section 268 (b) of Provincial Ordinance No. 2011-021 otherwise known as the Revised Revenue Code of Oriental Mindoro (2011) ." SECTION II. Section 268 (b) of Provincial Ordinance No. 2011-021, which reads: "(b) The Committee shall be composed of the Provincial Vice-Governor as the Chairman, the Provincial Administrator, as the Vice-Chairman, and the following as members: 1. The Chairman, Ways and Means Committee, Sangguniang Panlalawigan; 2. The Secretary of the Sangguniang Panlalawigan; 3. The Provincial Treasurer; 4. The Provincial Assessor; 5. The Provincial Accountant; CAIHTE 6. The Provincial Budget Officer; 7. The Provincial Planning and Development Coordinator; 8. The Provincial Engineer; and 9. The Provincial Legal Officer." is hereby amended to read as follows: "(b) The Committee shall be composed of the Provincial Governor as the Chairperson, the Provincial Administrator, as the Vice Chairperson, and the following as members: 1. The Chairperson, Ways and Means Committee, Sangguniang Panlalawigan; 2. The Secretary to the Sangguniang Panlalawigan; 3. The Provincial Treasurer; 4. The Provincial Assessor; 5. The Provincial Accountant; 6. The Provincial Budget Officer; 7. The Provincial Planning and Development Coordinator; 8. The Provincial Engineer; and 9. The Provincial Legal Officer." SECTION III. Effectivity Clause. This ordinance shall take effect immediately upon approval. On motion of Hon. Apollo E. Feraren, together with the Hon. Mae Arlene M. Talens, jointly seconded by Hon. Manuel D. Andaya, Hon. Flor D. Atienza, Hon. Estela E. Malapitan and Hon. Juan Paolo G. Luna, said ordinance was ...UNANIMOUSLY ENACTED. CERTIFIED CORRECT: (SGD.) DIWATA H. FETIZANAN Secretary to the Sangguniang Panlalawigan ATTESTED: (SGD.) HUMERLITO A. DOLOR, MPA, Ph.D. Vice Governor/Presiding Officer APPROVED: August 12, 2014 (SGD.) ALFONSO V. UMALI, JR. Provincial Governor