Republic of the Philippines CITY OF SANTA ROSA

Province of Laguna

OFFICE OF THE SANGGUNIANG PANLUNGSOD EXCERPT FROM THE MINUTES OF THE 13TH REGULAR SESSION OF SANGGUNIANG PANLUNGSOD OF CITY OF SANTA ROSA, LAGUNA HELD ON TUESDAY, MARCH 31, 2015 AT GERMAN CASTRO PUB, LAGUNA CENTRAL-PASEO, BARANGAY DON JOSE,CITY OF SANTA ROSA, LAGUNA.

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. ANTONIA T. LASERNA - SP Member 7. Hon. PAULINO 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. RODRIGO B. MALAPITAN - SP Member, ABC President

Absent:

1. Hon. EDWARD FERNANDITO S. TIONGCO - SP Member

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RESOLUTION NO. 72-2015 (Motioned by the Joint Committee on Urban Planning & Development

and Laws and Government)

A RESOLUTION approving the Joint Committee Report of Committee on Urban Planning & Development and Laws and Government denying the request for issuance of clearance upon the request of Mr. Antonio Limcauco for the construction of the proposed "Gasoline Station Building (DO Shell Station)" to be located at Santa Rosa Commercial Complex, Barangay Balibago, City of Santa Rosa, Laguna as provided for in the herein attached Joint Committee Report marked as ANNEX "D".

UNANIMOUSLY APPROVED.

CERTIFICATION:

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

CYNTHIµ GOMEZ Secretary to t~e Sang. Panlungsod

Certified Correct:

ARNEL oUoMEZ City Vice-Mayor

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

userbisyong Makatao, Lungsod na Makabago"

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JOINT COMMITTEE REPORT: URBAN PLANNING & DEVELOPMENT & LAWS & GOVERNMENT

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·PREPATORY. STA1:EMENT ., ' • 1

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Specifying that · its target market · consists of a . 1nultifarious number of establishment whose · . '

co1ninercial ··activities as the primary object of its existence, . this is the first and only comn1ercial activity that withovt further discussion, it was . admitted in th~~ letter application of Antonio L. Limc~oco, .that thei:

. co.n11ne1:cial activities. are· concentra.ted within the huge cornpourid area of Balibago Co.mplex, ~·ta. Rosa City; what · is so i disturbing, they intend to in~,tall, construct

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and maintain . ~t Gasol,ne Station Building (DlJ SHELL srATION), this witbout interpreta~o1i wiJ definitely deals with theil~ principal merchandise such as gasoline, diesel fuel and all other prodd¢ts and .

. ·' . probably ~ny other .geri-nane oil co~oc!ities. .; /

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Not. ~eing the case, it ·is the consensus opinion that by imaging th.e selling of fi1el and oil products, it i.s considered · as such items selling are '. volatile explosive !and incendiary ,vhich if allo"\'1ed t.o:: operate

' in1po'sed ,tl1e greate:~t risks to the existence of i:rn corrinicrdial cornplex as. we have said . before the rp.aterial for sale are ·spontaneously volat.ile. //

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In principle, the specific · location of a gasoline: . station as . within the premises_ of the commercial complex coupled with the admission that it will sell oil and fuel products disqualify ·· the . applicant from· establishing said business operation, and, therefore,. the City Council is now forced to adopt the. doctrine of a General Welfare , Clause and so · deny for the application of the ordinance allowing the business to reside ip the premises of Balibago Complex in Santa Ilosa C~ty as dangerous and risky to the conununity.

It ~ehooves us, that the application letter expressly ~dniitted that the situs of a gasoline station "Ang lote nan1in 01 nasa kalooban ng isang commertial complex at hindi residentiql subdivision" such admission gave us the irnperative notion to reject the application for the issuanc~ of an ordinance allowing the establishment of a gasoline Shell Sta~o~. ' ·.

Th~s the herein City. Council is authorized by its power to enact such ordinances and make regulations, not repugnant to law, as may be necessary to . carry into effect and discharge the . powers . and duties conferred

-upon it_ by law· and such as shall seem necessary and proper to provide for the health and safety, promote the prof?perity, improve the morals,_ peace, good order,

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com£ ort, and convenience of the municipality and the inhabitants thereof, and for the protection of property therein.'' Villanueva vs. Caszaneda, ]r., 154 SCRA 142.

The grant or denial i~ by virtue of the power of the City Council is always subject to the poli~e power of the city government and may be refused or granted for~ reason of public policy ' and sound public administration. A prueba. vs. Ganzon, 18 S~ 8.

· Thus; the sovereign "polite power"· is delegated to political subdivisions of . the . government · · like municipalities and cities, \vhich 1nay enact ordinances for the purpose of regulating the rights to freedom of

. speech · and to peaceably assem..ble . and. petition the . govern1nent · for redress of grievances. Gallego vs. People, 8 SCRA 813.

Thus, in similar pattern, the privilege of operating · a market stall under license · is always subject to the police power of the city government and may be refused or granted for reason ?f. public policy and sound public administration. A prueba vs. Ganzon, 18 SCRA 8.

· Incidentally, it appears that rhe City Government had . already . passed the . ordinance entitled

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_ORDINANCE NO. -2023-2014 (An Ordinance -Prescribing the Guidelines in Granting Permits ~nd Clearances

·· far the Development and Operation of Gasoline Pumps and Gasoline S fations in the Czty , of Santa Rosa, Laguna) pursuant to Zoning Ordinance of 2000, approved as Municipal Ordinance No. 888-99, dated November 17, 1999. · Allowed Us~s within _ the. GMZ-1 are: Residential Zone, Socialized Housing Zone, General Commercial Zone_, General Institutional_ Zone, Light . Industrial Zone, Agricultural Zone and · Parks & Recreation Zone. . .

In_ tiew thereof, the application for the issuance of qn orciinance authorizing the installation and maintenance of a Gasoline Station of Mr. Antonio L . . ·Limcau~o is hereby denied as inconsistent with ordinance 2023-2014.

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In -yiew of the foregoing it-is the co~setisus of the City Council to ensqre the peaceful stability of the City of Santf1- Rosa, Balibago Complex and to assure the $afety of. the surrounding community for many years, . thus, the ·application of ·1\ifr. · Antonio L: • Limcaoc6 1s hereby denied -and inconsistent with Ordinance No. _ . 2023-2014, instead he is referred to consult and .make us·e the .Zonal Ordinance intended for gasoline station as defined in said ordinance.

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RESPECTFULLY SUBMITTED

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Members of the City Council ( EnBanc) of Sta · · Rosa City, Laguna, Philippines, March· 19, 2015

Hon Mythor C. Cendana

·Hon.

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