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MALAYA (12 NOV 2015)

[ MANILA CITY ORDINANCE NO. 8429, November 02, 2015 ]

REGULAR SESSION NO. 176
9TH CITY COUNCIL

Begun and held in the City Council on Thursday,
The twenty-sixth day of September, Two Thousand Thirteen

AN ORDINANCE GRANTING INCENTIVES TO PROPRIETORS OR OWNERS OF BUSINESS CORPORATIONS AND ESTABLISHMENTS THAT EMPLOY BONA FIDE RESIDENTS OF THE CITY OF MANILA




PRINCIPAL AUTHORS: HON. CASIMIRO C. SISON, Hon. Priscilla Marie T. Abante, Hon. Ruben F. Buenaventura, Hon. Joey S. Hizon III, Hon. Ernesto C. Isip, Jr., Hon. Leilani Marie H. Lacuna, Hon. Numero G. Lim, Hon. Ernesto M. Dionisio, Jr., Hon. Roberto R. Ortega, Jr., Hon. Joel M. Par, Hon. Raymundo R. Yupangco, HON. MARLON M. LACSON, Majority Floor Leader, HON. JOHN MARVIN "Yul Servo" NIETO, Acting Majority Floor Leader, HON. EDWARD V.P. MACEDA, President Pro-Tempore and Acting Presiding Officer and HON. FRANCISCO "Isko Moreno" DOMAGOSO, Vice-Mayor and Presiding Officer

PREAMBLE
WHEREAS, Article II, Section 19 of the 1987 Constitution, provides that: "The State shall develop a self-reliant and independent national economy effectively controlled by Filipinos",

WHEREAS, the same Constitution mandates the State to afford full protection to labor and promote full employment and equality of employment opportunities for all;

WHEREAS, under Section 16 of Republic Act No. 7160, otherwise known as the Local Government Code of 1991, states that: "Every local government unit shall exercise the powers expressly granted, those necessarily implied therefrom, as well as powers necessary, appropriate, or incidental for its efficient and effective governance, and those which are essential to the promotion of the general welfare x-x-x",

WHEREAS, the City Council must devise a measure to promote full employment among residents of the City of Manila and ensure that they are benefited from the City's commercial resources: NOW, THEREFORE,

Be it ordained by the City Council of Manila, in session assembled. THAT:

SECTION 1. DEFINITION OF TERMS. – As used herein, the following terms shall be understood to mean:
  1. Bona fide Residents of the City of Manila – a person who is, prior to application for employment in a private business establishment, resident for a period of at least six (6) months of a particular barangay within the territorial jurisdiction of the City of Manila.
  2. Owner of Private Business Corporation or Establishment – refers to a proprietor or employer of, Including any person acting directly or Indirectly In the Interest of an employer in relation to an employee, a business establishment or corporation registered or Incorporated under the General Incorporation Law.
  3. Proof of Residence – refers to a certification Issued by the barangay chairman attesting that a person is a bona fide resident of said barangay for a period of six (6) months or more.
SEC. 2. Coverage. – All private business corporations and establishments operating within the territorial jurisdiction of the City of Manila shall, in the recruitment, selection and hiring of their personnel or staff, give priority or preference to the bona fide residents of the City of Manila.

SEC. 3. Proof of Residents. – Owners or employers of private business corporation or establishments shall, in addition to other requirements for employment, require the applicant to secure and submit proof of residents and Community Tax Certificate Issued by the particular barangay were he or she Is residing.

SEC. 4. Incentive for Proprietor or owners of Private Business Corporation or Establishments. – Proprietors or owners of the private business corporations or establishments that hire bona fide residents of the city of Manila shall be given discount for business permit fee in accordance with the following schedule:
  1. Fifteen to twenty-five percent (15%-25%) of the total personnel are bonl fide residents of the City of Manila – Five percent (5%) discount In business permit fee;
  2. Twenty-six to thirty-five percent (26%-35%) of the total personnel – Ten percent (10%) discount;
  3. Thirty-six to forty-five percent (36%-45%) of the total personnel – Fifteen percent (15%) discount;
  4. Forty-six to fifty-five percent (46%-55%) of the total personnel – Twenty percent (20%) discount;
  5. Fifty-six percent (56%) and above of the total personnel – Twenty – five percent (25%) discount In the business permit fee.
SEC. 5. Execution of Certification. – Any business corporation or establishment that desires to avail of the incentives granted In accordance with the provisions of the preceding section shall, in addition to other documentary requirements for the issuance or renewal of Mayor's Permit to operate business, execute a certification under oath and signed by the president, or manager, that said business corporation or establishment employed or hire such percentage as may be necessary to be entitled to the benefits granted under this Ordinance.

The certification under oath shall be accompanied with a list of employees who are bona fide residents of the City of Manila, indicating therein their names and addresses.

SEC. 6. Duty of the Bureau of Permits. – No discount or deduction in business permit fee shall be given by the City Bureau of Permits to any proprietor or owner of private business corporation or establishment without submitting the certification and list as required In the preceding section.

SEC. 7. Liability for Violation. – Any owner or employer of a private business corporation or establishment who willfully make false statement in the undertaking or certification shall be criminally liable for perjury.

Any government official or employee who granted or caused the granting of incentives to any proprietor or owner of private business corporation or establishment in the absence of the required certification and list shall be criminally, civilly, and administratively liable.

SEC. 8. Separability Clause. – Any part or provision of this Ordinance which may be held invalid or unconstitutional shall not affect the validity and effectivity of the other provisions.

SEC. 9. Repealing Clause. – All existing ordinances, resolutions, local executive orders, rules and regulations inconsistent with any of the provisions of this Ordinance are hereby repealed and/ or modified accordingly.

SEC. 10. Effectivity Clause. – This Ordinance shall take effect fifteen (15) days after its publication in a newspaper of general circulation.

This Ordinance was finally enacted by the City Council of Manila on October 6, 2015.

  PRESIDED BY:
   
  (Sgd.) EDWARD V.P. MACEDA
President Pro-Tempore and
Acting Presiding Officer
City Council, Manila
   
ATTESTED:  
   
(Sgd.) LUCH R. GEMPIS, JR.
City Government Department Head III
(Secretary to the City Council)
 

APPROVED BY HIS HONOR, THE MAYOR, ON 02 NOVEMBER 2015.

  (Sgd.) JOSEPH EJERCITO ESTRADA
Mayor
City of Manila
   
ATTESTED:  
   
(Sgd.) EDWARD S. SERAPIO
City Government Department Head III
(Secretary to the Mayor)
 
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