An Ordinance Amending Section 11A.05, Paragraph A, Sub-Paragraph 6 of Ordinance No. 794, Otherwise Known as "The Revised Revenue Code of Puerto Princesa City of 2016"

January 27, 2020 Excerpts from the Journal of Proceedings of the 29th Regular Session of the 16th Sangguniang Panlungsod of the City of Puerto Princesa Held on January 27, 2020 at the Session Hall of the Sangguniang Panlungsod. PUERTO PRINCESA CITY ORDINANCE NO. 1037 AN ORDINANCE AMENDING SECTION 11A.05, PARAGRAPH A, SUB-PARAGRAPH 6 OF ORDINANCE NO. 794, OTHERWISE KNOWN AS "THE REVISED REVENUE CODE OF PUERTO PRINCESA CITY OF 2016" Authored by: Hon. Herbert S. Dilig, City Councilor WHEREAS , Section 27 of Republic Act No. 7160, otherwise known as the Local Government Code of 1991, provides, that: "No project or program shall be implemented by government authorities unless the consultations mentioned in Sections 2 (c), and 26 hereof are complied with, and prior approval of the sanggunian concerned is obtained"; HTcADC WHEREAS , Section 46 of Republic Act No. 8371, otherwise known as "The Indigenous Peoples' Rights Act of 1997" (IPRA Law), provides, amongst others, that: "The NCIP shall have the following offices which shall be responsible for the implementation of the policies herein after provided: a) Ancestral Domains Office The Ancestral Domain Office shall be responsible for the identification, delineation and recognition of ancestral land/domains. It shall also be responsible for the management of ancestral lands/domains in accordance with the master plans as well as the implementation of the ancestral domain rights of the ICCs/IPs as provided in Chapter III of this Act. It shall also issue, upon the free and prior informed consent of the ICCs/IPs concerned ,certification prior to the grant of any license, lease or permit for the exploitation of natural resources affecting the interests of ICCs/IPs in protecting the territorial integrity of all ancestral domains. It shall likewise perform such other functions as the Commission may deem appropriate and necessary." WHEREAS , Section 59 of RA No. 8371, provides further, that: "Certification Precondition All departments and other governmental agencies shall henceforth be strictly enjoined from issuing, renewing, or granting any concession, license or lease, or entering into any production-sharing agreement, without prior certification from the NCIP that the area affected does not overlap with any ancestral domain. Such certification shall only be issued after a field-based investigation is conducted by the Ancestral Domains Office of the area concerned" Provided, that no certification shall be issued by the NCIP without the free and prior informed and written consent of ICCs/IPs concerned :x x x"; WHEREAS ,to protect the rights of the Indigenous Cultural Communities/Indigenous Peoples (ICCs/IPs) within its City, this Sanggunian included the Free and Prior Informed Consent from the NCIP ( sic ) as one of the documentary requirements of a proponent of a government or non-government project seeking its endorsement under Section 11A.05, Paragraph (a), Sub-paragraph (6) of Ordinance No. 794, otherwise known as the Revised Revenue Code of Puerto Princesa City of 2016; WHEREAS , the above-stated provision of Ordinance No. 794 does not reflect the true intendment of the law as provided for under the aforequoted sections of RA No. 8371; further, the subject requirement makes no qualification as to whether or not the intended project or program, government or non-government, involves the exploitation of natural resources affecting the interests of ICCs/IPs and/or their ancestral lands/domains; WHEREAS , considering the foregoing, there is a need to amend Section 1 1A.05, Paragraph (a), Sub-paragraph (6) of the Revised Revenue Code of Puerto Princesa City of 2016 to reflect the true intendment of the foregoing laws, as well as to obviate an absurd situation where a project or program which clearly does not affect the interests of ICCs/IPs and/or their ancestral lands/domains would still be required to obtain a certification from the NCIP, upon the free and prior informed consent of the ICCs/IPs concerned. NOW THEREFORE ,on motion of Hon. Victor S. Oliveros, City Councilor, Majority Floor Leader, BE IT ORDAINED ,by the Sangguniang Panlungsod of Puerto Princesa in session assembled, that: SECTION 1. Section 11A. 05, Paragraph (a) (6) of the Revised Revenue Code of Puerto Princesa City of 2016 is hereby amended and to read as follows: " SECTION 11A.05. Documentary Requirements. The following shall be required from the proponent of the proposal seeking an endorsement from the Sangguniang Panlungsod: a) For new applicant government or non-government projects: 1) x x x 2) x x x 3) x x x 4) x x x 5) x x x 6) For projects involving the exploitation of natural resources affecting the interests of ICCs/IPs and/or their ancestral lands/domains, a Certification of Non-Overlap (with any ancestral domain) from the National Commission on Indigenous People (NCIP),with the free and prior informed and written consent of indigenous Cultural Communities/Indigenous Peoples (ICCs/IPs) concerned, together with the attached minutes of and attendance at, the public hearing conducted in the area duly certified by the proper authority (Punong Barangay, Barangay Secretary or Chairman of the Committee on Environment of the Barangay Council) Property rights, within and outside of the ancestral domains, already existing and/or vested upon the effectivity of the IPRA Law (October 29, 1997) are not subject to this requirement." SECTION 2. Repealing Clause . All ordinances, issuances, rules and regulations inconsistent with the provisions of this Ordinance are hereby amended, repealed, or modified accordingly. aScITE SECTION 3. Separability Clause . If, for any reason or reasons, this Ordinance or any part or provision hereof shall be declared unconstitutional or invalid by a competent court, other parts or provisions hereof which are not affected thereby shall continue to be in full force and effect. SECTION 4. Effectivity . This Ordinance shall take effect fifteen (15) days after its publication in a local newspaper of general circulation in the City of Puerto Princesa. SO ORDAINED. CERTIFIED TRUE AND CORRECT BY: ATTY. PHILIP JEROME J. HILARIO Secretary to the Sangguniang Panlungsod ATTESTED AND CERTIFIED TO BE DULY ADOPTED: MARIA NANCY M. SOCRATES City Vice Mayor Presiding Officer APPROVED: Ordinance No. 1037 on _______________ LUCILO R. BAYRON City Mayor ATTESTED: ATTY. ARNEL M. PEDROSA City Administrator Acting City Legal Officer