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Manila Times (11 May 2015)

[ QUEZON CITY ORDINANCE NO. SP-2367, S-2014, January 14, 2015 ]

19th City Council
46th Regular Session

AN ORDINANCE PROVIDING INCENTIVES FOR DONATIONS MADE IN FAVOR OF QUEZON CITY PUBLIC SCHOOLS.




Introduced by Councilors JULIENNE ALYSQN RAE V. MEDALLA and JESUS MANUEL C. SUNTAY.

Co-Introduced by Councilors Anthony Peter D. Crisologo, Dorothy A Detamente, Alexis R. Hanora, Estrella C. Valmocina, Allan Benedict S. Reyos, Franz S. Pumaren, Eufemio C. Lagumbay, Jaime F. Borres, Raquel S. Malañgen. Bayani V. Hipol, Jose A. Visaya, Godofredo T. Liban II, Karl Edgar C, Cestelo, Rogelio "Roger" P. Juan, Melencio "Bobby" T. Castillo, Jr., Donate C. Mafias and Ricardo B, Corpuz.


WHEREAS, it is the policy of the City to promote collaborative efforts with the private sector in support of the City's socio-economic development objectives by means of various tools and modalities such as Public-Private Partnerships. Corporate Social Responsibility projects, Social Enterprises, and Cooparativism;

WHEREAS, among others, an educated citizenry is a factor that enhances a strong business-friendly climate, aside from fiscal and non-fiscal incentives:

WHEREAS, providing quality education is, not just a goat of the public sector but also of private enterprises who wish to have an educated citizenry as a market, and also as a source of valued employees;

WHEREAS, there remains to be a high demand for educational facilities, buildings, land, and other resources that the government is hard-pressed to provide on its own;

WHEREAS, there are opportunities for the public and private sectors to collaborate in order to provide basic social services and, at the same time, keep the business climate of the City favorable.

NOW, THEREFORE:

BE IT ORDAINED BY THE CITY COUNCIL OF QUEZON CITY IN REGULAR SESSION ASSEMBLED:

SECTION 1. DEFINITION OF TERMS - For purposes of this Ordinance; the following terms shall be defined as follows:
a)
"Private Entity" shall mean any individual or juridical entity engaged in trade or business or engaged in me practice of his/her profession, either a resident or non-resident of the City, who teams up with the Quezon City Division of City Schools (DCS) and the Quezon City Local School Board (LSB) to donate facilities, equipment, supplies, and/or services to the public schools.
 
b)
"Public School" shall mean any primary, secondary, or tertiary school within the territorial jurisdiction of Quezon City that is subject to the authority of the Quezon City Government.
 
c)
"Equipment" shall mean any implement that is used for operations or activities such as, out not limited to, computers, sporting goods, science laboratory tools, audio-visual materials, and the like.
 
d)
"Supplies" shall mean things that are necessary for the education of the students such as, but not limited to, textbooks, reference materials, writing materials, school bags, teaching aids, and the like.
 
e)
"Services" shall mean programs and activities that are armed at improving the learning conditions of the students such as but not limited to tutoring, teacher trainings, medical and health missions, reading programs, field trips, financial assistance or scholarship grant, and the like.
 
f)
"Facilities" shall mean the space that activities are conducted such as, but not limited to, classrooms, labor atones, bathrooms, libraries, gymnasiums, fields and tha like.
SECTION 2. DONATIONS IN FAVOR OF QUEZON CITY PUBLIC SCHOOLS - Private entities may be entitled to incentives upon donation of equipment, supplies, facilities and/or services to public school beneficiaries agreed upon by the DCS, LSB, and the private entity.
Provided that, the LSB shall be the solo body who shall determine, assess, and recommend that the donations am qualified for incentive.

Provided further, that the donations are subject to the following terms and conditions:
  1. For donated equipment and supplies, these must be brand new and in good working condition;
  2. For donated land, this must be free from any liens encumbrances, titled in the donor's name and not located in a highs-risk area;
  3. For donated rooms and buildings, these must be considered habitable and safe for use as determined by the City Building Official.
Provided, finally, that upon the approval of the LSB of the donation, the private entity shall be entitled to a tax incentive where a total of 50% (25% In Year One and 25% in Year Two) of the value of the donation shall be deductible from the gross receipts of the donor.
SECTION 3. ORDINANCE NOT A BAR TO OTHER INCENTIVES - This Ordinance shall not bar the application and grant of any other similar incentives to the private entity coming from the national government such as those provided by Republic Act No. 8525, otherwise known as the Adopt-a-School Act of 1998.

SECTION 4. IMPLEMENTING RULES AND REGULATIONS - The LSB, in cooperation with the DCS and the City Treasury, shall be tasked to craft the implementing rules and regulations of this ordinance and submit the same to the City Council for approval within 90 calendar days after the effectivity of this Ordinance.

SECTION 5. SEPARABILITY CLAUSE - if any part or section of this ordinance is declared unconstitutional for any reason whatsoever, such declaration shall not in any way affect the other parts or sections of this ordinance.

SECTION 6. REPEALING CLAUSE - All ordinance, resolutions, executive orders, rules, regulations, and other administrative issuances, or the provisions thereof, which are contrary to or inconsistent herewith are hereby repealed or modified accordingly.

SECTION 7. EFFECTIVITY - This ordinance shall take effect within fifteen (15) days following its publication in any newspaper of general circulation.

ENACTED: November 24, 2014.

(Sgd.) MA. JOSEFINA G. BELMONTE
President Vice-Mayor          
Presiding Officer              

ATTESTED:

(Sgd.) ATTY. JOHN THOMAS S. ALFEROS III
                City Gov't Asst. Dept. Head III

APPROVED : 14 JAN 2015.

(Sgd.) HERBERT M. BAUTISTA
City Mayor               

CERTIFICATION

This is to certify that this Ordinance was APPROVED by the City Council on Second Reading on November 24, 2014 and we PASSED on Third/Final Reading on December 1, 2014.


(Sgd.) ATTY. JOHN THOMAS S. ALFEROS III
City Gov't Asst. Dept. Head III            
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