The Draft Legislation aims to strengthen Paligsahan’s legislative performance or the ratio of legislation initiated by the Barangay and legislation approved by the City Secretary. The group proposes this draft as an example of what sound legislation is like according to the frameworks and instructions enshrined in the Primer on Legislation. The Ordinance sought to serve as a model of legislation that is up to standard in terms of form, substance, and procedure. This may be used to draft future legislation that can attain the approval of the City Secretary.
PARTS OF THE DRAFT BARANGAY ORDINANCE
Docket Number
"BARANGAY ORDINANCE No. 001; Series of 2024"
Title
"AN ORDINANCE GRANTING FINANCIAL, MEDICAL, AND DEATH/BURIAL ASSISTANCE FROM THE BARANGAY QUALIFIED SENIOR CITIZENS OF BARANGAY PALIGSAHAN"
Name of Proponent
"Introduced by: Kagawad Rhodora A. Bohol"
Preamble
"WHEREAS, Section 9 of Article II of the 1987 Philippine Constitution declares the policy of the State to “promote a just and dynamic social order that will ensure the prosperity and independence of the nation and free the people from poverty through policies that provide adequate social services, promote full employment, a rising standard of living, and an improved quality of life for all”;
Dispositive Portion
"NOW, THEREFORE, be it ORDAINED, as it is hereby ORDAINED, by the Barangay Council of Barangay Paligsahan, District 4, Quezon City, in regular session duly assembled: ..."
Action taken, date, and place
ENACTED by the Sanggunian Barangay of Barangay Paligsahan this ____ day of April 2024 at the 2nd floor Barangay Hall, Barangay Paligsahan, Quezon City, Metro Manila.
Amendment 1
"WHEREAS, Section 9 of Article II of the 1987 Philippine Constitution declares the policy of the State to “promote a just and dynamic social order that will ensure the prosperity and independence of the nation and free the people from poverty through policies that provide adequate social services, promote full employment, a rising standard of living, and an improved quality of life for all”;
This is a new inclusion that provides the ordinance with a constitutional basis and reference point from which it is legislated.
Amendment 2
"WHEREAS, Section 391(a) of the Local Government Code of 1991 states that the Sanggunian Barangay, as the legislative body of the barangay, “shall enact ordinances as may be necessary to discharge responsibilities conferred upon it by law or ordinance and to promote the general welfare of the inhabitants therein”;
Rewords the previous citation of constitutional provision in order to mmore detailed and comprehensive.
Amendment 3
"SECTION 2. Purpose – The purpose of this Ordinance is to help minimize the costs senior citizens incur in their regular expenses."
Provides context regarding the legislative intentions of the ordinance's proponents.
Amendment 3
"SECTION 3. Definition of Terms – For the purposes of this Ordinance, these terms are defined as follows:
Senior citizen shall mean any resident of Barangay Paligsahan at least sixty (60) years old;
Financial assistance shall mean the monetary assistance for regular expenses given by the Barangay to qualified senior citizens;
Medical assistance shall mean the monetary assistance for medical expenses given by the Barangay to qualified senior citizens;
Death/Burial assistance shall mean the monetary assistance for death or burial expenses given by the Barangay to the immediate family of qualified senior citizens;
Beneficiary shall mean any senior citizen applicant who qualifies to availing assistance."
Provides preconditions and qualifications for recipients.
Amendment 4
SECTION 6. Procedure. The procedure for application, validation, approval, and release shall be as follows:
6.1 Application: Applicants shall personally apply for assistance at the Senior Citizens Desk via the Senior Citizens Desk Focal Person in the Barangay Paligsahan Hall. In cases where applicants cannot personally claim said assistance due to disability, they may authorize, through a signed authorization letter, their spouse, their children, or a trusted person as a representative for said claims.
6.2 Validation and Documentary Requirements: Applicants must present their OSCA-QC ID to the Barangay Senior Citizens Desk Focal Person for validation. To claim medical assistance, applicants shall present a physician’s prescription and official receipt/s corresponding to the purchase of medicine/s. Claiming death/burial assistance by the spouse or children of the applicant shall require the presentation of the death certificate of said applicant.
6.3 Approval: If the applicant satisfies the requirements stated in Section 5 and has not yet availed the maximum assistance per annum or instance, the Barangay Senior Citizens Desk Focal Person shall register the applicant as a beneficiary of the requested assistance and transmit copies of the necessary documents to the Barangay Treasurer for the release of the assistance.
6.4 Release: The approved beneficiaries shall receive the assistance on the same day of the request. Financial assistance shall only be released on an annual basis, medical assistance quarterly, and death/burial assistance once only upon the death of the beneficiary.
Provides the legislative procedure of how qualified recipients can apply for the benefit.
Amendment 5
"SECTION 7. Appropriations – Barangay Paligsahan shall appropriate one percent (1%) of its annual budget to the funding of this Ordinance pursuant to Quezon City Ordinance No. SP-2355, S-2014."
Provides information regarding the alloted percentage from the annual barangay budget.