CERTIFICATION
TO WHOM IT MAY CONCERN:

THIS IS TO CERTIFY that at the regular session duly constituted of the Sangguniang Panlalawigan, Province of Pangasinan, held on October 29, 2012 at Lingayen, Pangasinan, the following provincial resolution was approved:





PROVINCIAL RESOLUTION NO. 412-2012



DECLARING ORDINANCE NO. 03-2011-A OF THE MUNICIPALITY OF MANGATAREM, PANGASINAN, ENTITLED “AN ORDINANCE PROHIBITING THE CONSTRUCTION OF BUILDING, OR ANY STRUCTURE ALONGSIDE STREETS, BARANGAY AND PROVINCIAL ROADS WITHIN THE TERRITORIAL JURISDICTION OF THE MUNICIPALITY OF MANGATAREM, PANGASINAN AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF” AS WITHIN THE CONFERRED POWERS OF THE SANGGUNIANG BAYAN TO ENACT


WHEREAS, the Sangguniang Bayan of Mangatarem, Pangasinan submitted its Ordinance No. 03-2011-A to the Sangguniang Panlalawigan for review and evaluation pursuant to Section 56 of R.A. No. 7160, otherwise known as the Local Government Code of 1991;

WHEREAS, the Committee on Laws and Ordinances of the Sangguniang Panlalawigan, with the technical assistance of the Provincial Legal Officer, have conducted initial review and study on said ordinance and found out that the same was enacted pursuant to Sections 447 (a) (iii), (4) (i) and (5) (vi) of RA 7160;

WHEREAS, structures which obstruct the use by the public of the parks, plazas, streets, and sidewalks constitute public nuisance within the meaning of Articles 694 and 695 of the New Civil Code of the Philippines as upheld in Halili vs. Lacson, G.R. No. 8892 (April 11, 1956) En Banc;

WHEREAS, subject ordinance shall take effect after the Sangguniang Bayan has complied with the legal requirement of publication pursuant to Section 511 of RA 7160;

WHEREFORE, in view of the foregoing, on motion of SP Members Von Mark R. Mendoza and Raul P. Sison and co-sponsored by SP Members Amadeo T. Espino, Salvador S. Perez, Jr. and John Christopher A. Arcinue, duly seconded, it was –

RESOLVED, by the Sangguniang Panlalawigan in session assembled, to declare Ordinance No. 03-2011-A of the Municipality of Mangatarem, Pangasinan, entitled “An Ordinance prohibiting the construction of building, or any structure alongside streets, barangay and provincial roads within the territorial jurisdiction of the Municipality of Mangatarem, Pangasinan and providing penalties for violations thereof” as within the conferred powers of the Sangguniang Bayan to enact;

RESOLVED FURTHER, that copies of this resolution be furnished the Office of the Municipal Mayor and the Office of the Sangguniang Bayan of Mangatarem, Pangasinan, for their information and guidance.

 

 

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