WHEREAS, Section 16 of Republic Act 7160 otherwise known as the Local Government Code of 1991, states that: “Every local government unit shall exercise the power expressly granted, those necessary, appropriate, or incidental for its efficient and effective governance, and those which are essential to the promotion of general welfare”;
WHEREAS, Section 22 of the above-mentioned law also states that: every local government unit, as a corporation, shall have the power to acquire and convey real or personal property; enter into contract; and exercise such other power as are granted to corporations, subject to the limitations provided in Republic Act 7160;
WHEREAS, Section 458, (a) (2) (v) of said Republic Act also mentioned that upon the majority vote of all its members, the Sangguniang Panlungsod may authorize the City mayor to lease such buildings held in a proprietary capacity, subject to existing laws, rules and regulations;
WHEREAS, the City Government of San Juan is the owner of a real property with Transfer Certificate Title No. 416893, Tax Declaration No. 21-021-07847 and located at Block 35, Santolan Street, Barangay Greenhills, San Juan City;
WHEREAS, the National Government, through the Department of Public Works and Highways, constructed on the above-mentioned government property a Multi-Purpose Building designed with four (4) storeys with covered basketball court at the roof deck level, and has an effective floor area of 1,118 square meters per floor level with a total floor area of 5,587 square meters;
WHEREAS, the said Multi-Purpose Building is designed to provide adequate office spaces and to house different government agencies in order for the people of San Juan to have a better access to government services and facilities; and
WHEREAS, the City Government of San Juan intends to lease the said Multi-Purpose Building to different offices for the purpose of providing maintenance and preservation of the building.
NOW THEREFORE BE IT ORDAINED AS IT IS HEREBY ORDAINED, by the Sangguniang Panlungsod of the City of San Juan, Metro Manila, in a session duly assembled that:
SECTION 1. DECLARATION AND PURPOSE. The City Government of San Juan shall exercise its right of ownership to collect fees, charges of rentals over the Multi-Purpose Building located at Block 35, Santolan Street, Barangay Greenhills, San Juan City with an effective floor area of 1,118 square meters per floor level with a total floor area 5,587 square meters. The collection of fees, charges or rental shall be for the purpose of providing maintenance and preservation of the building and not in its proprietary function.
SECTION 2. RATE. The City Government of San Juan shall impose fees, charges and rentals for both the leased premises as well as incidental fees for the maintenance/security of the common areas at a per square meters rate to be determined by the City Government (not lower than P420.00 per square meter) from the time of execution of a Contact of Lease or a Memorandum of Agreement between the prospective lessees.
SECTION 3. EXEMPTION. The Barangay Government of Barangay Greenhills and Bureau of Fire Protection stationed in San Juan shall be exempted from the payment of fees, charges or rents. The City Engineering Department shall determine exact areas/ floors to be occupied, used, and which shall be under the control and supervision of Barangay Greenhills and the BFP.
SECTION 4. LESSES. The Multi-Purpose Building shall be occupied and leased to different national agencies or offices as may be determined by the City Government through the Office of the City Mayor. Other spaces not intended for government offices may be leased to private persons or entities.
SECTION 5. COMMON AREAS. The Common Area/Open Spaces shall be under the direct administration and supervision of the City Government. The latter may lease or rent the said Common Area/Open Space under the Terms and Conditions provided by the City Government through the Office of the City Mayor. The may be leased at a rate of Two Thousand Pesos (Php 2,000.00) per hour for non-residents and One Thousand Pesos (Php 1,000.00) for residents of San Juan City. The common areasmay each be rented at Seven Hundred Pesos (Php 700.00) per hour for non-residents and Three Fifty Pesos (Php 350.00) for resident of San Juan City.
SECTION 6. AUTHORITY OF THE CITY MAYOR. The City Mayor is hereby authorized to enter into a Contract of Lease or a Memorandum of agreement with proposed lessees subject to Section 22 (c) of the Local Government Code of 1991. The City Mayor may also other national government agencies, non-government organizations, cooperatives, people’s organization and private entities the use of its property through a Contract of Lease, Usufruct also Joint Venture or other contracts or MOAs.
The contracts or memorandums to be entered by the City Mayor in accordance with Section 22 (c) of the Local Government Code of 1991 is subject to compliance of laws, rules and regulations for the lease of lands, buildings and spaces owned by the government.
SECTION 7. The City Legal Officer shall certify that all Contracts of Lease MOAs, MOUs and other agreements entered into are in order and not contrary to existing laws, rules and regulations.
SECTION 8. The authority, issuance, and approval hereof is subject to compliance with existing laws and rules and regulations.
SECTION 9.REPEALING CLAUSE- The provisions of existing ordinances, executive orders, and other issuances or portions thereof which are inconsistent herewith are hereby repealed, modified, and amended.
SECTION 10. SEPARABILITY CLAUSE- If any part or provisions of this Ordinance be held unconstitutional or invalid, other parts of provisions hereof, which are not affected thereby shall continue in full force and effect.
SECTION 11. EFFECTIVITY. This Ordinance shall take effect upon approval.