Republic of the Philippines
CITY OF DAVAO
Office of the City Council
COMMITTEE ON RULES, PRIVILEGES, LAWS AND ORDINANCES
COMMITTEE REPORT ON ITEM NO. 959
PROPOSED MEMORANDUM OF AGREEMENT TO BE ENTERED
INTO BY AND BETWEEN THE CITY GOVERNMENT OF DAVAO AND
THE LATTER-DAY SAINT CHARITIES-PHILIPPINES RELATIVE TO
THE WHEELCHAIR PROGRAM IN DAVAO CITY.
Background
1. This pertains to the Proposed Memorandum of Agreement (MOA, for brevity) to
be entered into by and between the City Government of Davao and the Latter Day Saint Charities Philippines relative to the Wheelchair Program in Davao
City;
Highlights
2. The LATTER-DAY SAINT CHARITIES-PHILIPPINES, INC. (LDS Charities, for brevity), a
domestic nonstick, non-profit corporation duly organized and existing under the
laws of the Republic of the Philippines, is the humanitarian arm of The Church of
Jesus Christ of Latter-day Saints (or its members sometimes known as the
Mormons) dedicated in helping citizens of our communities including our
Persons with Disabilities (PWDs) and other needy groups;
3. Mr. George Kenneth Lee, Welfare Project Manager, Mindanao Area, LDS Charities,
discussed the service that Latter Day Saint (LDS) Charities provides to
communities worldwide including the Metro Davao area;
4. LDS Charities needs the following three basic help from the City Government of
Davao;
a. The City Government of Davao will assist the LDS Charities in finding
Assessors. Assessors are individuals (preferably employees that have
medical background but not necessary) who are trained (by the LDS
Charities) to evaluate and assess the proper wheelchair needed for the
PWD. There are certain criteria that would grant wheelchairs to the needy
individuals.
b. Warehouse secure enough to store the wheelchairs that would be shipped
to Davao City.
c. The City Government of Davao will help deliver the wheelchairs for the
Metro Davao area from the warehouse to certain barangays whose
citizens may benefit from certain types of wheelchairs;
5. The City Government of Davao and Latter-Day Saint Charities-Philippines Inc., is
positive with this partnership working hand in hand to help the PWDs of Davao
City.
6. The proposed MOA is consistent with our existing laws.
Local Government Code (RA 7160) provides that:
Section 35 of the
Local Government Units may enter into joint ventures and such
other cooperative arrangements with peoples and non-governmental
organizations to engage in the delivery of certain basic series,
capability
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Item 959/Committee on Rules, Privileges, Laws And Ordinances
building and livelihood projects, and to develop local enterprises
designed to improve productivity and income, diversify agriculture,
spur rural industrialization, promote ecological balance, and enhance
the economic and social well-being of the people.
6. Hence, the City Mayor should be granted legislative authority to sign the subject
MOA for and in behalf of the city. This is pursuant to the requirement established
under Section 455, (b) (1) (vi) of the Local Government Code provides, to wit:
For efficient, effective and economical governance the purpose of
which is the general welfare of the city and its inhabitants
pursuant to Section 16 of this Code, the city mayor shall represent the
city in all its
business transactions and sign in its behalf all bonds,
contracts, and
obligations, and such other documents upon authority
of the
Sangguniang Panlungsod or pursuant to law or ordinance
Recommendation
11.
This Committee recommends that a Resolution with its corresponding
Ordinance be passed granting the herein request. Such Resolution shall be
entitled A RESOLUTION TO ENACT AN ORDINANCE GRANTING
LEGISLATIVE AUTHORITY TO CITY MAYOR RODRIGO ROA DUTERTE TO
SIGN FOR AND IN BEHALF OF THE CITY GOVERNMENT OF DAVAO THE
MEMORANDUM OF AGREEMENT BETWEEN THE LATTER-DAY SAINT
CHARITIES-PHILIPPINES AND THE CITY GOVERNMENT OF DAVAO
RELATIVE TO THE WHEELCHAIR PROGRAM IN DAVAO CITY.
RESPECTFULLY SUBMITTED this _________ in the City of Davao, Philippines.
SIGNED BY THE SUB-COMMITTEE MEMBERS:
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Item 959/Committee on Rules, Privileges, Laws And Ordinances
COMMITTEE ON RULES, PRIVILEGES, LAWS AND ORDINANCES
HON. BERNARD E. AL-AG
Chairperson
HON. BONIFACIO E. MILITAR
S. ALEJANDRE
Vice Chairperson
HON. KARLO S. BELLO
LIBRADO
Member
17th Legislative Body
____ Regular Session
Item 959/Committee on Rules, Privileges, Laws And Ordinances
HON. AL RYAN
Member
HON. LEAH A.
Member
Series of 2014
Republika ng Pilipinas
SANGGUNIANG PANLUNGSOD
Lungsod ng Dabaw
_____________________________________________________________________________________
RESOLUTION NO. __________
Series of 2014
A RESOLUTION TO ENACT AN ORDINANCE GRANTING LEGISLATIVE
AUTHORITY TO CITY MAYOR RODRIGO ROA DUTERTE TO SIGN FOR AND IN
BEHALF OF THE CITY GOVERNMENT OF DAVAO THE MEMORANDUM OF
AGREEMENT BETWEEN THE LATTER-DAY SAINT CHARITIES-PHILIPPINES
AND THE CITY GOVERNMENT OF DAVAO RELATIVE TO THE WHEELCHAIR
PROGRAM IN DAVAO CITY.
WHEREAS, this pertains to the resolution granting the Proposed Memorandum of
Agreement to be entered into by and between the City Government of Davao and
the Latter - Day Saint Charities Philippines (LDS Charities) relative to the
Wheelchair Program in Davao City;
WHEREAS, LDS Charities, a domestic nonstick, non-profit corporation duly
organized and existing under the laws of the Republic of the Philippines, is the
humanitarian arm of The Church of Jesus Christ of Latter-day Saints (or its members
sometimes known as the Mormons) dedicated in helping citizens of our
communities including our Persons with Disabilities (PWDs) and other needy groups;
WHEREAS, LDS Charities needs three basic help from the City Government of
Davao;
a. The City Government of Davao will assist the LDS Charities in finding
Assessors. Assessors are individuals (preferably employees that have
medical background but not necessary) who are trained (by the LDS
Charities) to evaluate and assess the proper wheelchair needed for the
PWD. There are certain criteria that would grant wheelchairs to the needy
individuals.
b. Warehouse secured enough to store the wheelchairs that would be
shipped to Davao City.
c. The City Government of Davao will help deliver the wheelchairs for the
Metro Davao area from the warehouse to certain barangays whose
citizens may benefit from certain types of wheelchairs;
WHEREAS, This project is consistent with our laws.
Government Code (RA 7160) provides that:
Section 35 of the Local
Local Government Units may enter into joint ventures and such
other cooperative arrangements with peoples and non-governmental
organizations to engage in the delivery of certain basic series,
capability building and livelihood projects, and to develop local
enterprises designed to improve productivity and income, diversify
agriculture, spur rural industrialization, promote ecological balance,
and enhance the economic and social well-being of the people.
NOW THEREFORE, be it resolved as it is hereby resolved to enact an ordinance
granting legislative authority to City Mayor Rodrigo Roa Duterte to sign for and in
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Item 959/Committee on Rules, Privileges, Laws And Ordinances
behalf of the City Government of Davao the memorandum of agreement between
the Latter-Day Saint Charities-Philippines and the City Government of Davao relative
to the Wheelchair Program in Davao City.
RESOLVED FURTHER, that copies of this resolution be furnished to the Office of
the Secretary to the Sangguniang Panlungsod, City Mayors Office, City Social
Services Development Office, City Health Office and all other offices/departments
concerned, for their information and guidance.
Done this______________, Davao City, Philippines.
DR. BERNARD E. AL-AG
Floor Leader, 17th Council
Sangguniang Panlungsod
Davao City
17th Legislative Body
____ Regular Session
Series of 2014
Republika ng Pilipinas
SANGGUNIANG PANLUNGSOD
5
Item 959/Committee on Rules, Privileges, Laws And Ordinances
Lungsod ng Dabaw
ORDINANCE NO. _______
Series of 2014
AN ORDINANCE GRANTING LEGISLATIVE AUTHORITY TO CITY MAYOR
RODRIGO ROA DUTERTE TO SIGN FOR AND IN BEHALF OF THE CITY
GOVERNMENT OF DAVAO THE MEMORANDUM OF AGREEMENT BETWEEN
THE
LATTER-DAY
SAINT
CHARITIES-PHILIPPINES
AND
THE
CITY
GOVERNMENT OF DAVAO RELATIVE TO THE WHEELCHAIR PROGRAM IN
DAVAO CITY.
Be it ordained by the Sangguniang Panlungsod of Davao City in session
assembled that:
SECTION 1. TITLE This ordinance shall be known as AN ORDINANCE
GRANTING LEGISLATIVE AUTHORITY TO CITY MAYOR RODRIGO ROA DUTERTE TO
SIGN FOR AND IN BEHALF OF THE CITY GOVERNMENT OF DAVAO THE
MEMORANDUM OF AGREEMENT BETWEEN THE LATTER-DAY SAINT CHARITIESPHILIPPINES AND THE CITY GOVERNMENT OF DAVAO RELATIVE TO THE WHEELCHAIR
PROGRAM IN DAVAO CITY;
SECTION 2. DECLARATION OF POLICY - Section 455, (b) (1) (vi) of the
Local Government Code provides, to wit:
to
its
and
For efficient, effective and economical governance the purpose of
which is the general welfare of the city and its inhabitants pursuant
Section 16 of this Code, the city mayor shall represent the city in all
business transactions and sign in its behalf all bonds, contracts,
obligations, and such other documents upon authority of the
Sangguniang Panlungsod or pursuant to law or ordinance;
SECTION 3. MEMORANDUM OF AGREEMENT The Memorandum of
Agreement refers to the instrument to be executed by the City Government of
Davao and the Latter-Day Saint Charities relative to the Wheelchair Program of LDS
Charities in Davao City;
SECTION 4. AUTHORITY The City Mayor Rodrigo R. Duterte is hereby
granted legislative authority to sign, for and in behalf of the City Government of
Davao, the Memorandum of Agreement relative to the Wheelchair Program of LDS
Charities to be implemented in Davao City;
SECTION 5. SEPARABILITY CLAUSE If for any reason, any section or
provision of this ordinance is declared unconstitutional or invalid, other sections or
provisions hereof not affected by such declaration shall continue to be in full force
and effect;
SECTION 6. EFFECTIVITY CLAUSE This Ordinance shall take effect
immediately upon approval.
ENACTED, ___________, by a majority vote of all the Members of the
Sanggunian present.
Item 959/Committee on Rules, Privileges, Laws And Ordinances