|Title:||AN ORDINANCE SETTING THE GUIDELINES, LIMITATIONS AND STANDARDS ON THE IMPOSITION OF BARANGAY CLEARANCE FEES BY ALL BARANGAYS IN ANGELES CITY.|
|Author:||Councilors Rivera, Aguas, Indiongco, Nepomuceno and Sangil|
|Approved Date:||March 27, 2012|
Whereas, the Sangguniang Panlugnsod received several complaints and petitions from the concerned business community regarding the charging of exorbitant or unreasonable fee for barangay clearances in securing business permits;
Whereas, it has been a practice by many barangay councils to impose taxes to businesses within their jurisdiction based on the gross sales or receipts, and as alleged at times even higher than the tax and fees imposed by the City Government;
Whereas, such abuse of authority in the collection of barangay clearance before the issuance of business permits is in violation with Article IV, Section 152 ( c ) of the Local Government code of 1991 which provides “Barangay Clearance – NO city or municipality may issue any license or permit for any business or activity unless a clearance is first obtained from the barangay wherein such business or activity is located or conducted. For such clearance, the Sangguniang Barangay may impose a reasonable fee. x x x”
Now therefore, be it ordained by the 15th Sangguniang Panlungsod of Angeles City in session assembled adopts as it is hereby adopts the following Ordinance:
Section 1. Title – This Ordinance shall be known as “An Ordinance setting the guidelines, limitations and standards on the imposition of Barangay Clearance Fees by all barangays in Angeles City.”
Section 2. Coverage – This ordinance shall be strictly implemented within the 33 barangays or within the territorial jurisdiction of Angeles Ctiy.
Section 3. Declaration of Principles and City Policy – It is hereby declared as a principle and the policy of the City Government of Angeles to establish a more rational, uniform, equitable and reasonable imposition of barangay clearance fees by all barangays in Angeles City, in accordance with Section 152 of the Local Government Code of 1991 accordingly, to attract more businesses to locate in Angeles City.
Section 4. Limitation of Standard Fees – The imposition of barangay clearance fees shall be reasonable with the fixed amount indicated in the barangay ordinancewhich must be reviewed and approved by the Sangguniang Panlungsod and shall not exceed those imposed by the city government;
Section 5. Implementing Office – The City Treasurer’s Office in coordination with the Liga ng mga Barangay is hereby mandated to oversee the strict and effective implementation of this Ordinance.
Section 6. Penalties – Any barangay official found to have imposed and implemented the collection of barangay fees for business clearance purposes beyond the provisions set forth under this ordinance shall be fined the amount of Php5,000.00.
Section 7. Administrative Duty – Any barangay official who fails to act upon the application of a barangay clearance within the prescribed period of seven (7) days from filing may be subjected to administrative sanction as provided for by the Local Government Code.
Section 8. Separability Clause –If any provisions or part of this Ordinance is held invalid or unconstitutional, the rest of the provisions not otherwise affected shall remain valid and subsisting.
Section 9. Repealing Clause – All local laws and barangay ordinances of parts thereof inconsistent with this ordinance are hereby repealed or modified accordingly.
Section 10. Effectivity Clause – This Ordinance shall take effect after its publication in a newspaper of local circulation.