Republic of the Philippines

ClTY OF SANTA ROSA

Province·of Laguna
OFFICE OF THE SANGGUNIANG PANLUNGSOD

EXCERPT FROM THE MINUTES OF THE 8TH REGULAR SESSION OF SANGGUNIANG PANLUNGSOD OF
CITY OF SANTA ROSA, LAGUNA HELD ON MONDAY, MARCH 7, 2016 AT THE SANGGUNIANG
PANLUNGSOD SESSION HALL.

Presents:

1. Hon . ARNEL DC. GOMEZ - Vice-Mayor, Presiding Officer

2. Hon. MA. THERESA C. AALA - SP Member
3. Hon . LUISITO B. ALGABRE - SP Member
4. Hon. MYTHOR C. CENDANA SP Member
5. Hon. ERIC T. PUZON SP Member
6. Hon. PAULINO Y. CAMACLANG, JR. SP Member
7. Hon. PETRONIO C. FACTORIZA SP Member
8. Hon. LAUDEMER A. CARTA SP Member
9. Hon. EDWARD FERNANDITO S. TIONGCO SP Member
10. Hon. RODRIGO B. MALAPITAN SP Member, ABC President

Absent:

1. Hon. ANTONIA T. LASERNA - SP Member

2. Hon. RAYMOND RYAN F. CARVAJAL - SP Member

********************

RESOLUTION NO. 62-2016

(Sponsored by the Committee on Laws and Government)

A RESOLUTION OVERRIDING THE VETO POWER OF THE LOCAL CHIEF EXECUTIVE, HON . ARLENE B.
ARCILLAS ON THE MATTER PERTAINING TO THE ENACTMENT OF ORDINANCE NO. 2056-2015 - AN
ORDINANCE MANDA TING ALL DEVELOPERS AND CONTRACTORS TO SECURE CLEARANCE FROM THE
SANGGUNIANG PANLUNGSOD PRIOR TO ISSUANCE OF LOCATIONAL CLEARANCES AND BUILDING
PERMITS FOR THE MID-RISE AND HIGH-RISE BUILDING PROJECTS AND THE SUBMISSION OF A VETO
MESSAGE BY THE CITY MAYOR TO THE SANGGUNIANG PANLUNGSOD.

WHEREAS, the Sangguniang Panlungsod enacted Ordinance No. 2056-2015, dated December
15, 2015, Mandating all developers and contractors to secure clearance from the Sangguniang
Panlungsod prior to issuance of Locational Clearances and Building Permits for Mid-rise and High-rise
building projects;

WHEREAS, the enacted Ordinance was submitted to the Office of the City Mayor for her
approval, however a Veto Message was sent to the Sangguniang Panlungsod, a copy of which is made
and integra l part of this Resolution as ANNEX "D";

WHEREAS, the message stated that the reason for the act to veto the subject ordinance was on
two grounds, " to wit, (1) for being ultra vires, and (2) for being prejudicial to the public welfare;

WHEREAS, the Committee on Laws through its chairman explained the herein Ordinance was
enacted to prevent similar event wherein a 4-storey building was constructed along the Provincial Road of
the Santa Rosa and the long-time subject of a complaint of the owner of an adjacent commercial
structure which was not resolved; the same ordinance is a regulation for the continuing and anticipated
developments in the city that will affect city landmarks and structures of historical heritage and impact on
environment and therefore is not prejudicial to public welfare;

·'5/f City Govem[!lent Center, J.P. Rizal Blvd., City of Santa Rosa, Laguna - Te(. No. (049) 530-0015 Local 5100-51ol · \
.userbisyong Makatao, Lungsod na Makabago"
.....

"

Republic of the.Philippines
ClTY OF SANTA ROSA
: Province·of Laguna
OFFICE OF THE SANGGUNIANG PANLUNGSOD

Page 2 - Resolution No. 62-2016

WHEREAS, the Committee on Laws specifically believe that the enacted ordinance is not
"Ultra vires" since it is within the power of the Sangguniang Panlungsod to enact Ordinances and in
contrary to any law particularly the provisions of the National Building Code but rather an additional
requirement to regulate activities relative to the use of land, buildings and structures within the city in
order to promote its general welfare as stated in RA 9264; the therein statement in the veto message
implying that the same requirement would cast doubt and invites possible graft and corruption is uncalled
for, baseless and does not show evidence on the matter;

WHEREAS, on a motion duly seconded, the Sangguniang Panlungsod, the veto message of the
Chief Executive was laid on table for consideration and to override the veto message submitted to the
Sangguniang Panlungsod with the following results:

VOTING ON THE POSITIVE TO OVERRIDE THE VETO POWER OF THE CHIEF EXECUTIVE/CITY
MAYOR:

1. Hon. MA. THERESA C. AALA

2. Hon. LUISITO B. ALGABRE
3. Hon. MYTHOR C. CENDANA
4. Hon. ERIC T. PUZON
5. Hon. ANTONIA T . LASERNA
6. Hon. PAULINO Y. CAMACLANG, Jr.
7. Hon. PETRONIO C. FACTORIZA
8. Hon. RAYMOND RYAN F. CARVAJAL
9. Hon. LAUDEMER A. CARTA
10. Hon. EDWARD FERNANDITO S. TIONGCO

VOTING TO CONSIDER THE VETO POWER:

NONE

NOW, THEREFORE, it is hereby RESOLVED, as it is hereby RESOLVED to override the VETO

POWER of the Loca l Chief Executive, Honorable Arlene B. Arcillas on the matter pertaining to the
enactment of Ordinance No. 2056-2015 - An ordinance mandating all developers and contractors to
secure clearance from the Sangguniang Panlungsod prior to issuance of locational clearances and building
permits for mid-rise and high-rise building projects and the submission of a veto message by the City
Mayor to the Sangguniang Panlungsod.

UNANIMOUSLY APPROVED.

CERTIFICATION:

I hereby certify to the correctness of the above quoted resolution. ,,,... /

CYNTHI~~ GOMEZ
Secretary to the Sang . Panlungsod
Certified Correct:

ARNEL D~OMEZ
City Vice-Mayor

·5/F City Govemuient Center, J.P. Rizal Blvd., City of Santa Rosa, Laguna - Tel. No. (049) 530-0015 Local 5100-5104' ·
·"Serbisyong Makatao, L.i lngsod na Makabago"
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OFFICE OF THE CITY MAYOR

The Honorable Members

Sangguniang Panl_ u ngsod .
City of Santa Rosa, Laguna

. THRU : Vice Mayor Arnel DC Gomez

Presiding Offic.er

RE VETO MESSAGE

Dear Honorable Members;

GREETINGS!

. Below is my Veto Message;

PREFATORY STATEMENT

On December 7, 2015, that Sanggunicin Panlungsod enacted

an ordinance entitled "AN ORDINANCE MANDATING ALL DEVELOPERS
AND CONTRACTORS TO SECURE CLEARANCE FROM THE SANGGUNIAN
PANLUNGSOD PRIOR TO ISSUANCE OF LOCATIONAL CLEARANCES
AND BUI.LDING PERMITS FOR MID-RISE AND HIGH-RISE BUILDING
PR.OJECTS".

Said enacted ordinance was forwarded to and recerved by

the Office of The City Mayor orY December 16, 2015, for my approval.
. .

Invoking my power under Section 16 of RA 9264, otherwise

known as .the Charter ·of · Santa Rosa City, I choose .to veto the
submitted enacted ordinance on two grounds, to w it, (1) for being
ultra vires, and (2) for being prejudicial to the public welfare.

2/F City Government Center; J.P. Rizal Blvd., City of Santa Rosa, Laguna - Tel. No. (049) 530-0015 Loc~l 2801-2805
''Serbfsyong Makatao1 Lungsod na -M akabago"
' .. ,--...

DISCUSSION

I. The enacted ordinance is ultra vires.

An ordinance is considered ultra vires when the subject matter

thereof is outside or beyond the statutorily conferred authority of the
Sanggunian Panglungsod to legislate or enact.

The pow·e r to legislate has been vested by the 1987

Constitution to Congress. The legislation power of Congress covers
national, regional, district and local measures. It is however
impractical for Congress to legislate local measures for all levels of
local government units. Realizing this, Congress,. through Section 48
of the Local Government Code, mandated · that all sanggunians
shall be the local legislative bodies below who shall exercise local
legislative power. In relation thereto, the Supreme Court, in the case
of Magtajas vs. Pryce Properties and PAGCOR, GR no.111097, July
20, 1994, and Batangas CATV vs. CA, GR no. 138810, September 29,
2004, ruled that local legislative bodies (referring to the sanggunians)
exercise only delegated legislative power conferred on them by
Congress. As such, sanggunians cannot be more powerful than their
principal, which is Congress.

It is worth noting that the legislative act of Congress is called

"law" while that of the sanggunian is called "ordinance". In that
regard, it has been held by the Supreme Court in long line of cases
that an ordinance cannot rise above law and thus, an ordinance
cannot contravene a law. In the case of Villacorta vs. Bernardo, GR
no. l-31249, August 19, 1986, the Supreme Court ruled that any
ordinance amending, contravening, or violating a national law in
the guise of implementing said law is ultra vires. It further ruled that
an ordinance imposing additional requirements over and above
those already set forth by the law is in contravention of said law. The
Court considers this as ultra vires.

Applying these doctrinal pronouncements of the Supreme

Court in the above subject enacted ordinance, it is significant to
note that the requirements in the issuance of building permits are
already provided for by Presidential Decree 1096, also known as the
·"National Building Code of the Philippines". Thus, further requiring
developers and contractors to secure clearance from the
Sangguniang Panglungsod prior to issuance of Building Permit by the
City Building Official are a clear imposition of additional requirement
not otherwise required by the National Building Code. This
ordinance therefore contravenes a national law and thus ultra vires.
The reliance made by the sanggunian on Section 458 of the Local
I
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,

- -
Government Code and Section 10 of the City Charter of Santa Rosa
in providing the above said additional requirement of clearance
from the Sanggunian Panglungsod is misplaced. The delegated
legislative power given to the sanggunian under said provisions of
law is not without limitation, i.e:., the ordinance cannot contravene a
national law. Imposing additional requirement through an
ordinance is tantamount to amending the national law and is in
contravention thereof. J

Granting without admitting that the said ordinance does not

contravene the provisions of the National Building Code, the same is
still an ultra vires act, as its implementotion and execution has not
been defined and is left to the discretion of the office directed to
implement the same. Furthermore, the Sanggunian Panglunsod,
should not be the body to issue the said clearance as the said act is
a clear encroachment of the undersigned's executive functions.
Also, the implementation of said ordinance would require additional
technical competence and expertise, which would amount to an
additional process in an already established system in the local
government unit where streamlining is being practiced.

II. The enacted ordinance is prejudicial to public welfare.

Economic growth in the City of Santa Rosa is vital since it will

further greatly enhance and propel the delivery of basic services to
its constituencies. This would redound to the benefit of the entire
city's development and general welfare of the city residents. This
growth is better achieved ; by promoting good, sound and
reasonable economic policies acceptable not only to the business
sector but the entire citizenry as well.

The above subject enacted ordinance requiring additional

requirement of clearance from the sanggunian in securing building
permits would negate and defeat this much needed economic
growth. It will form another tier in the already numerous
requirements imposed by the ;National Law on building permits and
thus would be seen as a form of red tape that would discourage
developers and investors to enter the city. This is clearly prejudicial to
public welfare.
I

Moreover, the impositiori of such additional local requirement

not found in the National Building Code would cast doubt, among
the citizens of Santa Rosa, a~ the said requirement invites possible ·
graft and corruption in their :local government. Furthermore, the
r .--

motivation behind the enactment of the said ordinance is highly

questionable, which would expose not only the authors thereof, the
Sangguniang Panglunsod, but the entire local government unit, to
numerous litigations and law suits, thus unnecessarily dragging the
good name of the City.

Wherefore premises considered, I now veto the above subject

enacted ordinance on grounds discussed above. The same is
hereby returned to the sanggunian with this Veto Message.

Thank you and best regards.

Very truly yours,

,,.
~I~
Mayor Arlene B. Arcillas
City Mayor
City of Santa Rosa, Laguna
... .. .--. "'

CITY OF SANTA ROSA, LAGUN'A

Office of MAYOR ARLENE B. ARCILLAS

.~[g@[!~\Yl~@
Republic of the Philippines l Date: Ji.-l{j-1$ Time: J.: /S:{'l
CITY OF SANTA ROSA
Province of Laguna

OFFICE OF THE SANGGUNIANG PANLUNGSOD

EXCERPT FROM THE MINUTES OF The 49111 REGULAR SESSION OF SANGGUNIANG PANLUNGSOD
OF CI1Y OF SANTA ROSA, LAGUNA HELD ON MONDAY, DECEMBER 7, 2015 AT THE ROSE AND
GRACE RESTAURANT, BARANGAY DON JOSE, CITY OF SANTA ROSA, LAGUNA.

Presents:

1. Hon . ARNEL DC. GOMEZ - City Vice-Mayor & Presiding Officer

2. Hon. MA. THERESA C. AAlA - SP Member
3. Hon. LUISITO B. ALGABRE -SP Member
4. Hon. MYTHOR C. CENDANA - SP Member
5. Hon. ERIC T. PUZON -SP Member
6. Hon. ANTONIA T. LASERNA -SP Member
7. Hon. PAUUNO Y. CAMACLANG, Jr. -SP Member
8. Hon. PETRONiO C. FACTORIZA -SP Member
9. Hon. RAYMOND RYAN F. CARVAJAL -SP Member
10. Hon. LAUDEMER A. CARTA -SP Member
11. Hon. EDWARD FERNANDITO S. TIONGCO -SP Member

Absent:
1. Hon. RODRIGO. B. MALAPITAN -SP Member, ABC President

************************
ORDINANCE NO. 2056-2015
(Authored and Sponsored by the Committee on Laws and Government)
Chairman - Hon. ERIC T. PUZON
Members - Hon. Raymond Ryan F. carvajal
Hon. Laudemer A. carta
Hon. Petronio C. Factoriza
Hon. Mythor C. Cendana

AN ORDINANCE MANDATING ALL DEVELOPERS AND CONTRACTORS TO SECURE

CLEARANCE FROM THE SANGGUNIANG PANLUNGSOD PRIOR TO ISSUANCE OF
LOCATIONAL CLEARANCES AND BUILDING PERMITS FOR MID-RISE AND HIGH·
RISE BUILDING PROJECTS
. ..
Be it ordained by the Sangguniang Panlungsod in a session duly assembled that:

Section 1. Scope . This Ordinance shall govern the issuance of locational dearances
and building permits for the construction and development of Mid-rise and High-rise building
in the City of Santa Rosa, Laguna.

·on 2. Authority and Purpose. This Ordinance is enacted pursuant to Sec. 458,
A. 7160 otherwose known as the Local Government Code of 1991 and Sec. 10 of R.A.
, otherwise known as the "Charter of the City of Santa Rosa{1•
~
Section 3. Purpose. This ordinance is enacted for the following purpose:

3.1. Guide, control and Fegulate the ct>nstruction and development of

Buildings;

3.2 Protect the environment and inhabitants of the city from harmful
effects of man-made disasters or natural disasters;

3.3. To preserve and maintain the historical sites and landmarks of the
city and its premises as well as to promote an orderly and beneficial
1velopment of the same.

Center, J.P. Rizal Blvd., City of Santa Rosa, Laguna - Tel. No. (049)530-0015 Local 5 100-5104
11
Serbisyong Makatao, Lungsod na Makabago"
" (
A

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Republic of the Philippines

CITY OF SANTA ROSA
Province of Laguna

OFFICE OF THE SANGGUNIANG PANLUNGSOD

Page 2 of Ordinance No. 2056-2015

3.4. To regulate and restrict location of mid-rise and high-rise buildings and
eliminate the incompatible or non-conforming uses of existing land within the
j urisdiction of the city.

Section 4. Definition and Rules

4.1. Definitions. When used in this Ordinance, each of the following words and
phrases shall be construed to mean as follows:

a). Mid-rise buildings - refers to proposed building projects with four (4)
floor up to six (6) floor structural design;

b). High-rise buildings - refers to propo~ ~uilding project;s with seven

(7) or more floor structural design;

Section s. Administrative Provisions. For the purpose of this Section, the Designated
Building Official and the Zoning Administrator shalt require applicants for Locational
dearances and Building Permits to secure Clearance from the Sangguniang Panlungsod for
proposed projects covered by this Ordinance in addition to all requirements set forth in the
National Building Code and all others pursuant to other circulars, issuances, rules and
regulations, including, but not limited to the submission of Traffic Impact Assessment.

Section 6. Final Provisions.

a). Applicability Clause. All other matters relating to the impositions in this
Ordinance shall be governed by pertinent provision of existing laws and other
ordinances.

b) Repealing Clause. All ordinanees, rules and regulations, or parts thereof, in

conflict with, or inconsistent with any provisions of this ordinance, are hereby
repealed, amended or modified accordingly.

Section 7. Effed:ivity. This ordinance shall take effect upon approval and
publication in a newspaper with regional circulation.

UNANIMOUSLY APPROVED.

CERTIFICATION:

I hereby certify to the correctness of the above quoted Ordinance. • J

CYNT_ /f M. GOMEZ
Sanggunlang P!l~ungsod Secretary

CERTIFICATION: APPROVED:

ARNEL DC~OMEZ ARLENE B. ARCILLAS

City Vice-Mayor & City Mayor
Presiding Officer

5/F City Government Center, J.P. Rizal Blvd., City of Santa Rosa, Laguna - Tel. No. (049)530-0015 Local 5100-5104
userblsyong Makatao, Lungsod na Makabago"