ORDINANCE 05 series of 2006


EXCERPT FROM THE MINUTES OF THE 93RD REGULAR SESSION OF THE  14TH SANGGUNIANG PANLUNGSOD, CITY OF GENERAL SANTOS, HELD AT THE SANGGUNIANG PANLUNGSOD SESSION HALL ON THURSDAY, APRIL 20, 2006.

PRESENT:

Hon. Florentina L. Congson                               City Vice Mayor and Presiding Officer

Hon. Shirlyn L. Bañas-Nograles                          City Councilor (President Pro-Tempore)

Hon. Jose Orlando R. Acharon                           City Councilor (Floor Leader)

Hon. Lourdes F. Casabuena                               City Councilor (1st Assistant Floor Leader)

Hon. Minda L. Atendido                                     City Councilor (2nd Assistant Floor Leader)

Hon. Dominador A. Lagare                                City Councilor

Hon. Ramon R. Melliza                                      City Councilor

Hon. Zoilo C. Abing, Sr.                                                City Councilor

Hon. Orlando A. Oco                                         City Councilor

Hon. Jose Mariano Constantino G. Gonzalez      City Councilor

Hon. Brian G. Estrellan                                      City Councilor (SK Federation President)

ABSENT:

Hon. Minardo A. Avila, Jr.                                  City Councilor (O.B.)

Hon. Jose Mari C. Natividad                                          City Councilor (O.B.)

Hon. Eduardo D. Leyson III                                City Councilor (O.B.)

Hon. Delia G. Rabanes                                      City Councilor (President, Liga ng mga Barangay) (O.B.)

            WHEREAS, Republic Act Numbered Eighty-four Hundred and Twenty-five (RA 8425), otherwise known as the “Social Reform and Poverty Alleviation Act” provides that local government units, through their local development councils, shall be responsible for the formulation, implementation, monitoring and evaluation of the National Anti-Poverty Agenda in their respective jurisdictions;

            WHEREAS, under the foregoing statute, local government units are also enjoined, among others, to identify the poor in their areas based on certain indicators which are general characteristics of poverty, i.e., human development index, occupation, nature of employment, location, etcetera;

            WHEREAS, there is a pressing need for the City to come up with a general policy thereby consisting of a specific yet all encompassing definition of poverty situation in the City including the legal parameters within which the local government concerned may work towards resolving the issue at hand;

            WHEREAS, for a more effective resolution of poverty issues there is also a need to identify offices of the City Government particularly those tasked to render basic social services, to independently design, prepare, and implement programs, projects and related activities and therefore source funding from other government and non-government organizations involved in addressing issues and concerns on poverty;

NOW, THEREFORE, on motion of City Councilor Shirlyn L. Bañas-Nograles, duly seconded by City Councilors Jose Orlando R. Acharon and Lourdes F. Casabuena, be it –

RESOLVED, as it is hereby resolved, to enact this Ordinance:

ORDINANCE NO. 05

Series of 2006

AN ORDINANCE TO ESTABLISH THE LOCAL POVERTY ALLEVIATION POLICY OF THE CITY OF GENERAL SANTOS, PROVIDING FUNDS FOR THE IMPLEMENTATION OF ANTI-POVERTY PROGRAMS IN THE CITY AND FOR OTHER PURPOSES

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Hon. Ramon R. Melliza, Hon. Shirlyn L. Bañas-Nograles, Hon. Jose Orlando R. Acharon,

Hon. Lourdes F. Casabuena and Hon. Minardo A. Avila, Jr. – Sponsors

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Be it ordained by this Sanggunian that:

            Section 1. Short Title. – This Ordinance shall be known for short as the “2006 Anti-Poverty Agenda of General Santos City.”

            Section 2. Coverage. – (a) This Ordinance shall cover all persons living in poverty who are bonafide residents of the City. For the purpose of this Ordinance, the term Persons Living in Poverty shall refer to any natural person living on poverty threshold as defined by National Economic and Development Authority (NEDA) and/or the National Statistical Coordination Board (NSCB);

(b) Within reasonable time but not to exceed one (1) year after this Ordinance shall have taken effect, the City through its office concerned shall come out with a listing of all persons living in poverty in the twenty-six (26) barangays including their specific whereabouts in these barangays and their socio-demographic profiles.

(c) The City Government office concerned shall update such listing at least once in every two (2) years or as often as necessary. Persons named/included in such listing shall be the only ones qual

ified to avail of the anti-poverty programs of the City. The City Government Office concerned must strictly see to it that no natural person shall form part of such listing by means of fiction, machination, fraud or stealth, or on the mere basis of political accommodation.

            Section 3. Statement of Policy. – The following guidelines shall be adopted and observed in the design and implementation of all anti-poverty programs in the City:

  1.                       i.    That every poverty alleviation program, project or activity shall generally effect to reduce by a significant proportion the number of barangay residents living in poverty and at the same time the number of barangay residents who suffer from hunger;
  1.                      ii.    That the program shall meaningfully provide for a transparent, effective, accountable, and sustainable poverty intervention strategy/scheme;
  1.                     iii.    That the program shall specifically focus intervention towards promoting health, food and nutrition, water and environmental sanitation, income security, shelter and affordable but decent housing, peace and order, free access to basic education, functional literacy, and family care;
  1.                     iv.    That the program shall take into account the principle and interrelationship of population and development in planning and implementation; and
  1.                      v.    That, as far as practicable, the program shall also take into account the eight (8) United Nations Millennium Development Goals to which the Philippines is a signatory, specifically: Eradicate extreme poverty and hunger; achieve universal primary education; promote gender equality and empower women; reduce child mortality; improve maternal health; combat HIV/AIDS, malaria and other diseases; ensure environmental sustainability; and develop a global partnership for development.

            Section 4. Implementing Agency. – The Office of the City Social Welfare and Development (CSWDO) is hereby designated to be the City’s implementing arm in all matters relative to poverty alleviation. As such the CSWDO shall:

  1.                       i.    Within three (3) months after this Ordinance shall have taken effect, prepare the general rules and guidelines implementing the provisions of this Ordinance;
  1.                      ii.    Design and prepare anti-poverty programs, projects, and related activities for the City to carry out pursuant to the provisions of this Ordinance, put these into effective action, and/or assist/oversee the effective implementation of these programs;
  1.                     iii.    Coordinate/work with different Government Organizations (GOs), non-government organizations (NGOs) and People’s Organizations (POs) in the pursuit of anti-poverty programs;
  1.                     iv.    Exercise such other functions expressly granted, those necessarily implied therefrom, as well as functions necessary, appropriate, or incidental to the efficient and effective implementation of the provisions of this Ordinance.

            Section 5. Funds. – (a) Within six (6) months after this Ordinance shall have taken effect, the Local Chief Executive shall propose the necessary appropriation of funds to be used in the implementation of City’s poverty alleviation programs depending on the actual costs of these programs, such to be taken from the general fund, subject to the approval of the Sanggunian.

(b) For the purpose of this Ordinance the City Government may also accept funds coming from other GOs and NGOs to be used in the implementation of anti-poverty programs, projects and related activities, subject to the proper government accounting and auditing procedures.

            Section 6. Separability Clause. – If, for any reason or reasons, 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 7. Repealing Clause. – The provisions of all subsisting local enactments, resolutions, executive orders, memoranda, circulars, and other issuances inconsistent with this Ordinance are hereby repealed or modified accordingly.

            Section 8. Effectivity Clause. – This Ordinance shall take effect after fifteen (15) days following the completion of its publication in any local newspaper of general circulation.

Enacted by the Sangguniang Panlungsod, City of General Santos, on its 93rd Regular Session held on April 20, 2006.

CERTIFIED CORRECT:

                     (SGD) VIRGINIA P. DIME, MPA
                Assistant Secretary to the Sanggunian

ATTESTED BY:

(SGD) FLORENTINA L. CONGSON

City Vice Mayor and Presiding Officer

Approved by His Honor, the City Mayor on May 3, 2006.

(SGD) PEDRO B. ACHARON, JR.

City Mayor

N.B.

            This Ordinance has been published in the THE SOUTHERN REVIEW as can be verified in its issue on June 5-11, 2006.

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