$ryuLlila ng ffiliyinaz
SAI\GGUNIANG PANLI,]NGSOD NG MARIKINA
ORDINANCE NO. 07I
Series of 2019
ORDINANCE AMENDING SECTIONS 46 AND 5.I OF ORDINANCE NO. 16I,
SERIES OF 2006 ENTITLED, *ORDINANCE ADOPTING THE 2006
COMPREHENSIVE ZONING REGULATIONS FOR MARIKINA CITY AND
PROVIDING FOR THE ADMINISTRATION, ENFORCEMENT AND
AMENDMENT THEREOF AND FOR THE REPEAL OF ALL ORDINANCES IN
CONFLICT THEREWITH"
lntroduced bY:
Councilor DONN CARLO B. FAVIS
Councilor ROMMEL S. ACUNA
Councilor CARL ELI F. AFRICA
Councilor SERAFIN Y. BERNARDINO
Councilor CLOYD S. CASIMIRO
Councilor PAUL B. DAYAO
Councilor LEVY DL. DE GTJZMAN
Councilor ROMINA KATE N. DE GUZMAN
Councilor SAMUEL S. FERRIOL
Councilor RENATO B. MAGTUBO
Councilor ANGELITO R. NUNEZ
Councilor JOEL V. RELLEVE
Councilor RUBEN R. REYES
Councilor THADDEUS ANTONIO M. SANTOS, JR.
Councilor MANUEL E. SARMIENTO
Councilor LORETO F. TOLENTINO, JR.
Councilor ZIFFRED A. ANCIIETA
Councilor JONAS MERVIN D. REYES
and Vice Mayor MARION S. ANDRIIS, M.D.
WHEREAS, the City Council of Marikina enacted Ordinance No. 161, Series of 2006 on
December 13,2016 and was deemed approved by virtue of Section 54 (b) ol Republic
Act No. 7160 otherwise known as the l-ocal Government Code ol l99l:
WHEREAS, Sections 46 of the aforementioned Ordinance pertains to the "River/Stream,
Fault Line and Utility Easement Regulations while Section 54 pertains to "Maintaining a
linear park along Marikina River";
WHEREAS, both Sections of Ordinance No. 16l , Series of 2006 provides for the
adoption of Section 4, Ordinance No. 20, Series of 2003 and the amendmenl ol Section
45, Item I of Ordinance No. 303, Series of2000 as follows:
The banks of rivers and slreoms, pursuqnt to the provisions oJ the
Ilater Code, throughout their entire length and vilhin o zone of ten ( I 0)
meters minimum .for rivers/streoms and three (3) meters minimum.fin'
craeks/esteros akmg lheir margins, ore subiect lo cusement ofpublic use
in the interesl of recrealion, ruNigalion, floataq4e, ./ishing and salvage. No
person shall be allowed lo slay in this zone longer than what is necessary-
lri
Ordinance No. 071
Series of
201 9
Page 2 ol'
.for space or recreolion, navigotion, floalage, Jishing or salvage or to build
any other struclure of any kind. The wfusle stretch of the Marikina River i"'
not buildable within 96 meters .from lhe centreline oJ'the water, this being
a very vital floodway for the valley. HOWEVER, said 96 meters easement
shall not apply if the properties are localed above 20 meters flood level as
determined by the City Engineering Department or if it is a governmenl
project or if it involved properties covered by Community Morlgage
Program (CMP) where the level of the land is below the proposed
Marikina Road Dike. "
WHEREAS, however, there is a need to amend said provision so that the 96-meter river
easement shall be strictly imposed and that the same shall be clear from any obstruction
to be able to maintain a flood plane when the river swells during rainy days;
WHEREAS, allowing any construction on the 96-meter river easement will cause water
displacement and will only aggravate the effects of flooding on the residents of Marikina
City;
WHEREAS, the 96-meter river easement shall likewise be utilized by the residents of
the City for parks and recreation during dry season;
WHEREAS. Section l6 of the Local Government Code of l99l states that:
"Section 16. General ll/elfure. - Every local government unit shall
exercise lhe powers expressly granted, lhose necessarily implietl
therefrom, as well as powers necessory, uppropriate, or incidental for ils
efficient and e/fective governqnce, and lhose which are essential lo lhe
promotion of the general v,elfare. llilhin their respeclive territorial
jurisdictions, local government units shall ensure and support, umong
other things, the preservotion and enrichmenl oJ culture, promote health
and saJbty, enhance the right ol the people to a balanced ecolopgt,
encouroge and support the development of appropriate and .sel"f-reliant
scientiJic and technological capabilities, improve public morals, enhance
economic prosperity and social justice, promote full employment among
their residents, mainlain peace and order, and preserve the comforl and
convenience of their inhabitants. "
NOW THEREFORE, BE IT ORDAINED AS IT IS HEREBY ORDAINED BY
THE CITY COUNCIL DULY ASSEMBLED IN SESSSION. that:
I'
SECTION Item l, Section 46 and the 2"d paragraph ofSection 54 of ordinance No.
l6l, Series of2003 is hereby amended to read as lbllows:
" 1. The banks of rivers and .ylream.s, pursuanl to lhe provi.tions of rhc
Water Code, throughout their cntirc length antl v,ilhin o :one of ten (10)
melers minimum for rivers/streams and lhree (3) meters minimum for
creeks/esteros olong their margins, are subjecl to ea)-ement of public use
in the interest of recreation, navigalion, floatage, ./ishing ond salvage. No
person shall be ollowed to slay in this zone longer than what is necessary
for space or recreation, navigotion, Jloatage, Jishing or salvage or to build
any other structure of any kind. The whole stretch ofthe Marikina River is
not buildable within 96 meters from the centreline of the water, this being
a very vital floodway for the valleltU
Ordinance No. 071
Series of 2019
Page 3 of
SECTION 2. Repealing Clause. All ordinance and executive orders inconsistent with
any of the provisions of this Ordinance are hereby repealed, amended and modifled
accordingly.
SECTION 3. Separability Clouse. lf,lor any reason or reasons, any part or provision of
this Ordinance shall be held to be invalid, other parts or provisions thereof which are not
aifected shall continue to be in full force and ef-fect.
SECTION 4. Effectivity -This Ordinance shall take ell'ect immediately upon approval.
UNANIMOUSLY ENACTED BY THE CITY COUNCIL Of MARIKINA, thiS I4'h
day oi August. 201 9.
I HEREBY CERTIFY to the correctness of
the foregoing Ordinance which was duly
enacted by the Sangguniang Panlungxtd
during its 7'h Regular Session held at the
City Council Session Hall on August 14,
2019.
noffifun.hfufficco
City Council Secretarv
ATTESTED AND CERTIFIET)
TO BE DULY ENACTED:
t
..06r4,L/OOa-^/
Mndtox s. ANDRES. M.D.
Cilffce
Mayor/Presiding Offi cer
r
APPROVED by the HON. CITY MAYOR on AUG 5 2019
T
7il"--u
City Mayor