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Committee Report 1155a Estanislao Heroes
Committee Report 1155a Estanislao Heroes
Committee Report 1155a Estanislao Heroes
CITY OF DAVAO
Office of the City Council
Background
1.
This pertains to a request from Mr. Bienvenido S. Estanislao that Heroes AgriVentures be granted authority to operate its dressing plant located at Quarry, Tugbok,
Davao City.
Highlights
8. The Business Bureau asked for the additional requirement of the authority to
operate granted by the Sanggunian Panlungsod based on the provisions of
Section 368 of the Revenue Code of Davao City in relation to Section 458
paragraph 3 subparagraph (vii) and paragraph 5 subparagraph (ii) of the Local
Government Code of 1991 which provides, respectively:
1) Section 368 of the Revenue Code of Davao City on Place of Slaughter
states that The Slaughter of any kind of animal for sale or consumption of the
public shall be done only in the slaughterhouse unless otherwise authorized by
the City Government and
2) Section 458 paragraph 3 subparagraph (vii) of LGC provides that Upon
approval by a majority vote of all the members of the Sangguniang Panlungsod,
grant a franchise to any person, partnership, corporation, or cooperative to do
1 | Item No. 1155-A/Committee on Rules, Privileges, Laws and Ordinances
business within the city; establish, construct, operate and maintain ferries,
wharves, markets or slaughterhouses; or undertake such other activities within
the city as may be allowed by existing laws: Provided, That, cooperatives shall be
given preference in the grant of such a franchise.
3) Section 458 paragraph 5 subparagraph (ii) of the LGC provides that the
Sangguniang Panlungsod shall Establish markets, slaughterhouses or animal
corrals and authorize the operation thereof by the city government; and regulate
the construction and operation of private markets, talipapas or other similar
buildings and structures;
Hence, the aforementioned provisions must be complied with, insofar as the
Business Bureau is concerned.
9. As for the question as to whether or not a dressing plant is a slaughterhouse,
the committee concludes that it is. During the committee hearing, Ms. Lailanie
Rose P. Rico of the National Meat Inspection Service (NMIS) pointed out Republic
Act No. 9296, also known as the Meat Inspection Code of the Philippines,
particularly, its definition of slaughterhouse and food animal. R.A. No. 9296
Section 4 subparagraphs 1 and 15 state the following:
Section 4. Definition of Terms As used in this Code, the
following terms, words and phrases shall be construed to mean as
follows:
1. Abattoir or Slaughterhouse premises that are approved and
registered by the controlling authority in which food animals are
slaughtered and dressed for human consumption;
xxx
15. Food Animal all domestic animals slaughtered for human
consumption such as but not limited to cattle, carabaos, buffaloes,
horses, sheep, goats, hogs, deer, rabbits, ostrich and poultry;
10. The Committee recommends the approval of this legislative item with the
condition that the operation of the dressing plants shall be limited only to poultry.
Other animals such as, but not limited to, pigs, cows and goat, will not be
slaughtered in the area.
Recommendations
11. This Committee recommends that the request of Mr. Bienvenido S. Estanislao be
granted and that a resolution be passed granting Heroes Agri-Ventures an authority to
operate its dressing plant.
HON. AL RYAN S.
Member
HON. LEAH A.
Member
HON.
RACHEL P. ZOZOBRADO
LIBRADO-YAP
Vice Chairperson
HON. LEAH A.
Member
HON. VICTORIO U.
Member
Series of 2015
WHEREAS, this pertains to a request from Mr. Bienvenido S. Estanislao that Heroes
Agri-Ventures be granted authority to operate its dressing plant located at Quarry,
Tugbok, Davao City;
WHEREAS, Heroes Agri-Ventures has been operating for 20 years. During all
those years, it was never required to submit an authority to operate. It was only
required to submit said requirement when it tried to renew its business permit for
2015. Hence, it has been operating in good faith;
WHEREAS, Heroes Agri-Ventures is duly registered with the concerned
government agencies such as National Meet Inspection Service (NMIS), DENREMB, City Health Office and CENRO;
WHEREAS, the Business Bureau, represented by its current head Atty. Lawrence
Bantiding, admitted that the previous officers of the said office may have
overlooked this requirement;
WHEREAS, the Business Bureau asked for the additional requirement of the
authority to operate granted by the Sanggunian Panlungsod based on the
provisions of Section 368 of the Revenue Code of Davao City in relation to Section
458 paragraph 3 subparagraph (vii) and paragraph 5 subparagraph (ii) of the
Local Government Code of 1991 which provides, respectively:
1) Section 368 of the Revenue Code of Davao City on Place of Slaughter
states that The Slaughter of any kind of animal for sale or consumption of the
public shall be done only in the slaughterhouse unless otherwise authorized by
the City Government and
2) Section 458 paragraph 3 subparagraph (vii) of LGC provides that Upon
approval by a majority vote of all the members of the Sangguniang Panlungsod,
grant a franchise to any person, partnership, corporation, or cooperative to do
business within the city; establish, construct, operate and maintain ferries,
wharves, markets or slaughterhouses; or undertake such other activities within
the city as may be allowed by existing laws: Provided, That, cooperatives shall be
given preference in the grant of such a franchise.
3) Section 458 paragraph 5 subparagraph (ii) of the LGC provides that the
Sangguniang Panlungsod shall Establish markets, slaughterhouses or animal
corrals and authorize the operation thereof by the city government; and regulate
the construction and operation of private markets, talipapas or other similar
buildings and structures;
Hence, the aforementioned provisions must be complied with, insofar as the
Business Bureau is concerned;
WHEREAS, the Committee recommends the approval of this legislative item with
the condition that the operation of the dressing plants shall be limited only to
poultry. Other animals such as, but not limited to, pigs, cows and goat, will not
be slaughtered in the area;
4 | Item No. 1155-A/Committee on Rules, Privileges, Laws and Ordinances
NOW THEREFORE, be it resolved as it is hereby resolved to grant Heroes AgroVentures, represented by its Proprietor/Manager Bienvenido S. Estanislao,
authority to operate a dressing plant for poultry at Quarry, Tugbok, Davao City;
RESOLVED FURTHER, that copies of this Resolution be furnished to the Office of
the Secretary to the Sangguniang Panlungsod, City Mayors Office, the Business
Bureau, Heroes Agri-Ventures and all other offices/departments concerned, for
their information and guidance.
Done this______________, Davao City, Philippines.