An Ordinance Repealing Ordinance No. 176, Series of 2007 of the Sangguniang Panlalawigan of Pampanga

September 6, 2010 Excerpts from the Journal of the Regular Session of the Sangguniang Panlalawigan of Pampanga Held on September 6, 2010 at the Session Hall, Capitol Building City of San Fernando, Pampanga PAMPANGA PROVINCIAL ORDINANCE NO. 411-10 AN ORDINANCE REPEALING ORDINANCE NO. 176, SERIES OF 2007 OF THE SANGGUNIANG PANLALAWIGAN OF PAMPANGA ENTITLED "AN ORDINANCE PROVIDING FOR THE EQUITABLE DISTRIBUTION OF SHARES OF FEES/TAXES IMPOSED BY THE PROVINCE OF PAMPANGA FOR THE EXTRACTION OF QUARRY MATERIALS AND FOR OTHER PURPOSES" Sponsor: Hon. Nestor O. Tolentino WHEREAS, on September 1, 2007, the Sangguniang Panlalawigan of Pampanga approved Ordinance No. 176, series of 2007 entitled "An ordinance providing for the equitable distribution of shares of fees/taxes imposed by the Province of Pampanga for the extraction of quarry materials and for other purposes" ; WHEREAS, on September 25, 2007, said Ordinance was forwarded and received by the Office of the Governor for appropriate action but was vetoed by then Gov. Panlilio through his letter dated October 1, 2007 and received by this Office on October 8, 2007, for the reason that "it is ultra vires "; WHEREAS, on October 22, 2007, the Sangguniang Panlalawigan of Pampanga approved Resolution No. 1022, series of 2007 entitled A resolution overriding the veto of Hon. Eddie T. Panlilio, Governor, Province of Pampanga on Ordinance No. 176, series of 2007 entitled "An ordinance providing for the equitable distribution of shares of fees/taxes imposed by the Province of Pampanga for the extraction of quarry materials and for other purposes," thereby making the said Ordinance final and executory; WHEREAS, on November 22, 2007, then Gov. Panlilio filed an Appeal with the Department of Justice against the Sangguniang Panlalawigan of Pampanga under OSJ Case No. 06-2007 entitled "For: Nullification of Provincial Ordinance No. 176, series of 2007, Province of Pampanga" which was dismissed on January 30, 2008 by the Department of Justice; WHEREAS, on March 16, 2008, then Gov. Panlilio filed a Petition against the Sangguniang Panlalawigan of Pampanga with the Regional Trial Court, City of San Fernando, Pampanga under SP Civil Case No. 049 entitled "Petition for Certiorari under Rule 65/Petition for Declaratory Relief with Prayer for Preliminary Injunction and Temporary Restraining Order," and which said Petition is still pending at the Regional Trial Court, City of San Fernando, Pampanga; WHEREAS, this legal battle between the Offices of the Governor and the Sangguniang Panlalawigan has dragged for over two years now and the shares due the province and municipalities have been withheld, thereby adversely affecting the program implementation in their respective areas; WHEREAS, there is a great felt-need to increase the income of the provincial government through the revision of the Revenue Tax Code of the province which will include the increased collection of its share from the quarry income which means more funds for its development programs and projects. NOW THEREFORE, BE IT ORDAINED BY THE SANGGUNIANG PANLALAWIGAN OF PAMPANGA, in session assembled, that: SECTION 1. Ordinance No. 176, series of 2007 of the Sangguniang Panlalawigan of Pampanga entitled "An ordinance providing for the equitable distribution of shares of fees/taxes imposed by the Province of Pampanga for the extraction of quarry materials and for other purposes" is hereby repealed. SECTION 2. This Ordinance shall take effect upon its approval and after a copy thereof is posted in the bulletin board, Capitol Building, City of San Fernando, Pampanga. APPROVED. I HEREBY CERTIFY to the correctness of the above-quoted Ordinance. aScITE LUIS A. RIVERA Secretary to the Sanggunian ATTESTED: JOSELLER "YENG" M. GUIAO Vice-Governor (Presiding Officer) APPROVED: LILIA G. PINEDA Governor Date of Approval: __________