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1 PROPOSED SP ORDINANCE NO.

__________
2
3 AN ORDINANCE GRANTING MILESTONE AWARD
4 TO NINETY YEARS OLD AND ABOVE SENIOR
5 CITIZENS IN THE CITY OF BUTUAN, PROVIDING
6 FUNDS THEREOF, AND FOR OTHER PURPOSES
7
8
9WHEREAS, Section 16 of the Local government Code of 1991
10otherwise known as the General Welfare Clause gives the LGU
11broad powers as to cover anything under the sun;
12
13WHEREAS, giving a momentous award to our senior citizens is
14envisaged as an important milestone in generating awareness,
15understanding and concern about promoting a healthy lifestyle
16among the inhabits and is well within the General Welfare Clause
17of RA 7160;
18
19WHEREAS, as a way of tribute, the milestone award is fitting act
20of honor and compliment to the senior citizens of Butuan City who
21have been developmental partners of the City, and incomparably
22contributed to the strengthening of the family as an institution.
23Consistent with these principles, this proposed measure seeks to
24reaffirm the long honored Filipino tradition of caring for the elderly
25and most senior members of our families and communities, by
26honoring and granting additional benefits and privileges to our
27centenarians;
28
29WHEREAS, the monetary award will greatly contribute to defray
30expenses for the personal needs and special care of concerned
31senior citizens.
32
33WHEREAS, in the Philippines, projected life expectancy at birth
34for women is 73.1 years and 67.6 years for men. Our countrys
35level of development still has much to be desired, and so reaching
36the milestone age of one hundred years is considered a great
37achievement that is worthy of respect, emulation and recognition.
38
39 NSCB Fact Sheet. Updates on Women and Men in the Philippines.
40March 19, 2013. Accessed at: http://www.nscb.gov.ph/gender/FS
41%20on%20WAM%mar2013.pdf on June 3, 2013.
42
43BE IT ORDAINED, by the Sangguniang Panlungsod of
44Butuan City, in its regular session assembled that:
45
46SECTION 1. TITLE. This Ordinance shall also be known as the
47Senior Citizen Milestone Award Ordinance.
48
49COMMENT: It is worthy of note that there is another existing
50Ordinance establishing Centenarian Award for qualified senior
51citizens of Butuan City (SP Ordinance No. 4757-2015). But said
52Ordinance is quite substandard for it merely grants benefits and
53privileges to those citizens who reach the age of 100. It does not
54include octogenarians and nonagenarians. Here, this proposed
55measure offers more than what is provided by the said Ordinance
56which greatly benefits the most senior members of our society
57deserving of such honor. Even if there is no existing national law
58pertaining to the award of benefits and privileges for
59octogenarians and nonagenarians (apart from the relevant
60provisions of Senior Citizens Act), living to almost a hundred years
61is also a milestone worth celebrating and may be the subject of a
62City Ordinance as justified under the General Welfare Clause of
63the Local Government Code.
64
65SECTION 2. MILESTONE AWARD. Over and above the benefits
66provided under existing ordinances, any resident Senior Citizen,
67presently and actually living in the City of Butuan, upon reaching
68the Eightieth (80) birthday, shall be honored with an award in the
69amount of One Thousand Pesos (PhP 1,000.00), upon reaching
70Ninetieth (90) birthday, shall be honored with an award in the
71amount of Twenty Thousand Pesos (PhP 20,000.00) and upon
72reaching Ninety-Fifth birthday (95), shall be honored with an
73award in the amount Thirty Thousand Pesos (PhP 30,000.00).
74
75COMMENT: The reviewer noticed a marked leap from an award in
76the amount of P 1,000.00 for octogenarians to P 20,000.00 for
77nonagenarians. While this should not to be automatically
78construed as excessive, this large disparity must be backed up by
79recent age studies as basis for implementation.
80
81
82 SECTION 3. QUALIFICATIONS (a.) Senior citizens who are
83bonafide residents of Butuan City and who possessed a Senior
84Citizens Identification Card issued by the City Mayor through the
85Office of the Senior Citizens Affairs (OSCA), this city, shall be
86entitled to free movie admission in any movie house or cinema
87establishments in Butuan City.

88COMMENTS: The phrase shall be entitled to free movie


89admission in any movie house or cinema establishments in
90Butuan city, despite a part of an already existing Ordinance, may
91be excluded from the provision. The same is not germane or
92relevant to the subject matter of the Section, which only deals
93with the qualifications for senior citizens eligible to avail the
94benefits and privileges of this Ordinance. If the author chooses to
95retain said phrase, he may do so but it must be placed in another
96Section properly dealing with said subject.

97(b.)Senior Citizens from other cities or municipalities who have


98transferred and established residency in this city are disqualified
99unless, they can provide a Voters Certificate issued by COMELEC
100Butuan City and/or a Certificate of Residency from the barangay
101where he/she is a resident.

102COMMENTS: The provision allows non-resident senior citizens


103from other cities or municipalities to avail the benefits of this
104Ordinance, provided that they can either obtain a Voters
105Certificate or Certificate of Residency from the barangay
106concerned. Essentially, the wording of the provision implies that
107any senior citizen from any locality may apply. However, said
108provision would defeat the legislative purpose of this Ordinance,
109which is made explicit under the 3 rd whereas clause, to wit: as a
110way of tribute, the milestone award is fitting act of honor and
111compliment to the senior citizens of Butuan City who have
112been developmental partners of the City. Such clause
113intends to avert a situation where non-residents of Butuan
114become eligible for these benefits, considering the possibility of
115obtain such documents illegally, and thus, in the process,
116circumventing the legislative purpose of this Proposed Ordinance.

117 A Special Power of Attorney (SPA) shall be executed by


118whoever is representing the senior citizens and agreed among
119siblings or children or immediate relatives.
120
121 (b.) The awardee must present a proof of residency certified
122by the Barangay Captain, Senior Citizen Chapter President with
123confirmation from the OSCA Head.
124
125SECTION 4. MODE OF CLAIMS. This Ordinance will grant the
126following benefits and privileges to all Senior Citizens of Butuan
127City who reach the age as follows:
128
129 A. 80 years old
130 a. A cash award of PhP 1,000.00 from the City of
131 Butuan on his 80th birthday
132 b. A certificate of recognition as an awardee
133 c. A birthday cake
134 d. Christmas gift of PhP 500.00
135
136COMMENTS: To further avoid potential legal controversies, the
137birthday cake must be bought at a reasonable and agreeable
138price, subject to the approval of the Bids and Awards Committee.
139
140 FURTHER, whenever the awardee will still enjoy the
141 preceding year/s until his/her 89 th birthday, he/she
142 shall be granted such benefits, to wit:
143 e. A cash gift of PhP 500.00
144 f. Christmas gift of PhP 500.00
145
146COMMENTS: Under the 2nd paragraph, the author may not have
147intended to use the word preceding. Rather, succeeding
148would be the proper term. Moreover, it must be noted that this is
149the only provision which does not include birthday cake as one
150of the incentives given. The reviewer is at a loss as to why it is not
151included therein when other provision makes it inclusive.
152
153 B. Nonagenarian (90 years old)
154 a. A cash award of PhP20,000.00 from the City of
155 Butuan on his 90th birthday
156 b. A plaque of recognition as an awardee
157 c. A birthday cake
158 d. Christmas gift of PhP 5,000.00
159
160COMMENTS: There is a noticeable increase of 20x as compared
161to the cash award for octogenarians. There must be a compelling
162reason for such large increment to be backed up by relevant
163studies. Moreover, to further avoid potential legal controversies,
164the birthday cake must be bought at a reasonable and agreeable
165price, subject to the approval of the Bids and Awards Committee.
166
167 FURTHER, whenever the awardee will still enjoy the
168 preceding year/s until his/her 94 th birthday, he/she
169 shall be granted such benefits, to wit:
170 e. A cash gift of PhP 500.00
171 f. A birthday cake
172 g. Christmas gift of PhP 500.00
173
174COMMENTS: The author may not have intended to use the word
175preceding. Rather, succeeding would be the proper term.
176Moreover, to further avoid potential legal controversies, the
177birthday cake must be bought at a reasonable and agreeable
178price, subject to the approval of the Bids and Awards Committee.
179
180 C. 95 years old
181 a. A cash award of PhP 30,000.00 from the City of
182 Butuan on his 95th birthday
183 b. A plaque of recognition as an awardee
184 c. A birthday cake
185 d. Christmas gift of PhP 5,000.00
186
187COMMENTS: To further avoid potential legal controversies, the
188birthday cake must be bought at a reasonable and agreeable
189price, subject to the approval of the Bids and Awards Committee.
190
191 FURTHER, whenever the awardee will still enjoy the
192 preceding year/s until his/her 99 th birthday, he/she
193 shall be granted such benefits, to wit:
194 e. A cash gift of PhP 500.00
195 f. A birthday cake
196 g. Christmas gift of PhP 500.00
197
198COMMENTS: To further avoid potential legal controversies, the
199birthday cake must be bought at a reasonable and agreeable
200price, subject to the approval of the Bids and Awards Committee.
201
202 (a). The OSCA Head shall recommend the awardees by
203submitting list of awardees with attached documents stated
204above one (1) month before the deadline set by the CSWD Office
205to qualify for processing of vouchers.
206
207 (b). Upon claiming the award, the awardee or his/her
208representative with Special Power of Authority shall present the
209following:
210
211 1. Butuan - OSCA ID Card;
212
213 2. Certificate of Residency duly noted by the Punong
214 Barangay;
215
216 3. Upon processing and claiming the award, in the case the
217 awardee is already bedridden or physically unfit, his/her
218 representative shall present any two (2) of the following
219 I.D.Cards together with the Special Power of Attorney
220 (SPA) authorizing him/her to claim approved by the
221 children or siblings:
222 Drivers License
223 Voters I.D.
224 SSS I.D.
225 GSIS UMID
226 Philhealth Card
227 Postal I.D
228 TIN Card
229 Passport I.D.
230
231 4. All recipients of Milestone Award who were born in the
232 year 1950 up to present are required to present Birth
233 Certificate from the Local Civil Registrar.
234
235(c.) The OSCA Head shall recommend the awardees by
236submitting list of awardees with attached documents stated
237above one (1) month before the deadline set by the CSWD office
238to qualify for processing of vouchers.
239
240SECTION 5. RESPONSIBLE OFFICE The City Social Welfare &
241Development Office and Office for Senior Citizens Affairs shall be
242responsible in the proper execution of this Ordinance.
243
244SECTION 6. FUNDING The City Government shall allocate One
245Million Pesos (P1,000,000.00) upon approval and such, other
246amount as maybe needed thereafter.
247
248SECTION 7. REPEALING CLAUSE - All ordinances, local rules
249and regulations or parts thereof inconsistent with this Ordinance
250are hereby repealed, modified or amended accordingly.
251
252SECTION 8. EFFECTIVITY This Ordinance shall take effect
253upon approval.