Republic of the Philippines Province of Cagayan Municipality of Camalaniugan SANGGUNIANG BAYAN
ORDINANCE NO. 2009-018 ENACTING THE CODE OF GENERAL ORDINANCES OF THE MUNICIPALITY OF CAMALANIUGAN, PROVINCE OF CAGAYAN Be it ordained by the Sangguniang Bayan, that: CHAPTER I GENERAL PROVISIONS Article A. Short Title and Scope Section 1A.01. Title. Title. This Ordinance shall be known as the “Code of General Ordinances of 2009 of the Municipality of Camalaniugan, Province of Cagayan”. Section 1A.02. Scope. Scope. This Code covers all general ordinances enacted by the Sangguniang Bayan of this municipality. Article B. Rules of Construction Section 1B.01. Words and Phrases. Phrases . Words and phrases embodied in this Code not herein specifically defined shall have the same meaning as found in legal dictionaries as well as in existing laws. Section 1B.02. Construction of Codal Provisions. Provisions . In construing the provisions of this Code, the following rules of construction shall be observed unless inconsistent with the manifest intent of the provisions or when applied they would lead to absurd or highly improbable results:
a) General Rule. All words and phrases shall be construed and understood according to the common and approved usage of the language; but technical words and phrases and such other words in this Code which may may have have acqu acquir ired ed a pecu peculi liar ar or appr approp opri riat ate e mean meanin ing g shal shalll be constru construed ed and underst understood ood accordi according ng to such such technica technical, l, peculia peculiarr or appropriate meaning. b) Gender Gender and Number. Number. Every word importing importing the masculin masculine e gender gender as well as the words “he/she”, “his/her” and “him/her” shall extend to both male male and and female female.. Every Every word word import importing ing the singu singular lar numbe numberr shall shall extend and apply to several persons or things as well; and every word importing the plural number shall extend and apply also to one person or thing.
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c) Computa Computation tion of Time. The time within within which an act is to be done as provided in this Code, or in any rule or regulation issued pursuant to the prov provisi ision ons s thereo thereof, f, when when expr express essed ed in days days shal shalll be compu computed ted by excluding the first day and including the last day, except when the last day falls on a Sunday or holiday, in which case the same shall be excluded from the computations and the next business day shall be considered the last day. d) Tenses. Tenses. The use of any verb in the present present tense tense shall include include the future whenever applicable. The words “shall have been” shall include past and future cases. The use of the word “shall” in this Code means the act being required to be done is mandatory, whereas when the word “may” is used it means permissive. e) References. References. All references references to “Chapters”, “Articles”, “Articles”, or “Sections” are to chapters, articles or sections in this Code unless otherwise specified. f) Conflicting Provisions of Chapters. If the provisions of different Chapters conflict with or contravene each other, the provisions of each chapter shall prevail as to all specific matter and questions involved therein. g) Conflicting Conflicting Provisions Provisions of Sections. If the provisions of different different sections in the same chapter conflict with each other, the provision of the section which is last in point of sequence shall prevail. Section 1B.03. Amendment and Integration of Additional Provisions Pr ovisions.. Any amendment amendment on this this Code may be introduced introduced to the chapter, chapter, article article or section section concerned. All ordinances or provisions thereof enacted subsequent to the date of effe effect ctiv ivit ity y of this this Code Code shal shalll be comp compli lied ed in such such a way way as to bear bear the the corresponding chapter, article or section to which such ordinance or provision pertains. Such new provisions shall be integrated into the corresponding chapter, articl article e or secti section on whene wheneve verr a new new print printin ing g or repro reprodu ducti ction on of this this Code Code is undertaken upon authorization of the Sanggunian. Section 1B.04. Existing Rights. Rights . No right accrued, action or proceeding commenced before the effectivity of this Code shall be adversely affected by any provisions hereof. Thereafter, all procedures or actions to be taken shall conform to the provisions of this Code whenever possible. Section 1B.05. Reference to Code. Code. Whenever reference is made to any portion of this Code, such reference shall apply to all amendments and additions now or may hereafter be introduced. Section 1B.06. Effect of Headings. Headings . The Chapter, Article and Section headin headings gs do not not in any any manne mannerr affect affect the scope scope,, meanin meaning g or intent intent of the the provisions contained in this Code. Section 1B.07. Relation to Prior Ordinance. Ordinance . The provisions of this Code which which are substantia substantially lly the same as that of previou previous s or existin existing g ordinan ordinances ces particularly when dealing with the same subject matter shall be construed as “restatements” and not as new enactments.
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c) Computa Computation tion of Time. The time within within which an act is to be done as provided in this Code, or in any rule or regulation issued pursuant to the prov provisi ision ons s thereo thereof, f, when when expr express essed ed in days days shal shalll be compu computed ted by excluding the first day and including the last day, except when the last day falls on a Sunday or holiday, in which case the same shall be excluded from the computations and the next business day shall be considered the last day. d) Tenses. Tenses. The use of any verb in the present present tense tense shall include include the future whenever applicable. The words “shall have been” shall include past and future cases. The use of the word “shall” in this Code means the act being required to be done is mandatory, whereas when the word “may” is used it means permissive. e) References. References. All references references to “Chapters”, “Articles”, “Articles”, or “Sections” are to chapters, articles or sections in this Code unless otherwise specified. f) Conflicting Provisions of Chapters. If the provisions of different Chapters conflict with or contravene each other, the provisions of each chapter shall prevail as to all specific matter and questions involved therein. g) Conflicting Conflicting Provisions Provisions of Sections. If the provisions of different different sections in the same chapter conflict with each other, the provision of the section which is last in point of sequence shall prevail. Section 1B.03. Amendment and Integration of Additional Provisions Pr ovisions.. Any amendment amendment on this this Code may be introduced introduced to the chapter, chapter, article article or section section concerned. All ordinances or provisions thereof enacted subsequent to the date of effe effect ctiv ivit ity y of this this Code Code shal shalll be comp compli lied ed in such such a way way as to bear bear the the corresponding chapter, article or section to which such ordinance or provision pertains. Such new provisions shall be integrated into the corresponding chapter, articl article e or secti section on whene wheneve verr a new new print printin ing g or repro reprodu ducti ction on of this this Code Code is undertaken upon authorization of the Sanggunian. Section 1B.04. Existing Rights. Rights . No right accrued, action or proceeding commenced before the effectivity of this Code shall be adversely affected by any provisions hereof. Thereafter, all procedures or actions to be taken shall conform to the provisions of this Code whenever possible. Section 1B.05. Reference to Code. Code. Whenever reference is made to any portion of this Code, such reference shall apply to all amendments and additions now or may hereafter be introduced. Section 1B.06. Effect of Headings. Headings . The Chapter, Article and Section headin headings gs do not not in any any manne mannerr affect affect the scope scope,, meanin meaning g or intent intent of the the provisions contained in this Code. Section 1B.07. Relation to Prior Ordinance. Ordinance . The provisions of this Code which which are substantia substantially lly the same as that of previou previous s or existin existing g ordinan ordinances ces particularly when dealing with the same subject matter shall be construed as “restatements” and not as new enactments.
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Article C. Definitions Section 1C.01. Meaning of Technical Terms. Terms . As used in this Code –
pleasu sura rabl ble e diver iversi sion on and and ente entert rtai ainm nmen ent. t. It is “Amusement” is a plea synonymous to recreation, relaxation, avocation, pastime or fun. “Amusement “Amusement Places” Places” includes theaters, cinemas, concert halls, circuses and other places of amusement where one seeks admission to entertain himself by seeing or viewing the show or performance. It includes those places where one seek seeks s admis admissi sion on to enter entertai tain n himse himself lf by direc directt part partici icipa patio tion n such such as in Karaoke-TV or Videoke establishments. “Business” means commercial activity customarily engaged in as a means of livelihood and typically involving some independence of judgment and power of decision.
means one’s one’s regular regular busines business, s, trade, trade, profess profession, ion, vocatio vocation n or “Calling” means employment which does not require the passing of an appropriate government board or bar examination, such as professional professional actors and actresses, actresses, masseurs, commercial stewards and stewardesses and the like. ‘Capital” signifies the actual estate, whether in money or property owned by an individual or corporation; it is a fund with which it transacts its business, which would be liable to its creditor, and which in case of insolvency passes on to a receiver. “Capital Investment” is the capital which a person puts in any undertaking, or which he/she contributes to the common stock of a partnership, corporation, or any other juridical entity or association. “Charges” refer to pecuniary liability, as rents or fees against property, persons or organizations.
includes s joint-st joint-stock ock company company,, partners partnership, hip, associa associatio tion, n, ‘Corporation’ include insurance company, or any other juridical entity, no matter how created. means that which is characte characterize rized d by whateve whateverr is notably notably ‘Excessive” means greater than what is moderate, reasonable, proper, usual, necessary and just. ‘Fee” means a charge fixed by law or agency for the services of a public
officer. collection or an assessment, tax, tribute or “Levy” means an imposition or collection fine. “License’ “License’ or “Permit” “Permit” is a right or permission granted in accordance with law by a competent authority to engage in some business or occupation or to engage in some transaction.
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“Market Premises” refers to any open space in the public market compound; part of the market lot consisting of bare ground not covered by market buildings, usually occupied by transient vendors specially during market days. “Market Stalls” refers to any allotted space or booth in the public market buildings where merchandise of any kind is sold or offered for sale. “Tax” means an enforced contribution, usually monetary in form, levied by the law-making body on persons and property subject to its jurisdiction for the precise purpose of supporting government needs. “Occupation” means one’s regular business or employment, or an activity which principally takes up one’s time, thought and energies. It includes any calling, business, trade, profession or vocation. “Operator” includes the owner, manager, administrator, or any other person who operates or is responsible for the operation of business establishments or undertakings. “Person” means every physical or moral, real or juridical and legal being, susceptible of rights and obligations or of being the subject of legal relations. “Privilege” means a right or immunity granted to a person as a peculiar benefit, advantage or favor. “Profession” means a calling which requires the passing of an appropriate government board or bar examination, such as the practice of law, medicine, public accountancy, engineering and the like. “Residents” refer to natural persons who have their habitual residence in the province, city or municipality where they exercise their civil rights and fulfill their civil obligations and to juridical persons for whom the law or any other provisions creating or recognizing them fixes their residence in a particular province, city or municipality. In the absence of such law, juridical persons are residents of the province, city or municipality where their legal representation is established or where they exercise their principal functions. “Revenue” includes taxes, fees and charges that a state or its political subdivision collects and receives into the treasury for public purposes. “Services” mean the duties, work or functions performed or discharged by a government officer, or by a private person contracted by the government, as the case may be. “Night Club” or “Day Club” includes places frequented at night or daytime, as the case may be, where foods, wines and drinks are served and music is furnished by the operator and the patrons are allowed to dance with their own partners or with hostesses furnished by the management.
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“Cabaret” or “Dance Hall” includes any place or establishments where dancing is permitted to the public in consideration of any admission, entrance or any other fee paid on, before or after the dancing, and where professional hostesses or dancers are employed. “Bars” include beer gardens or any place where intoxicating and fermented liquors or malts are sold, disposed of, or given away for compensation, even without foods, where the services of hostesses and/or waitresses are employed and where customers are entertained by occasional dancing to music not rendered by a regular dance orchestra or musicians hired for the purpose, otherwise the place shall be considered and classified as a dance hall or night club. A cocktail lounge is considered a ‘bar’ even if there is no hostess or waitress to entertain customers. CHAPTER 2 LEGISLATIVE RULES AND PROCEDURE Article A. Membership Section 2A.01. Composition. - The Sanggunian shall be composed of the Municipal Vice-Mayor, as Presiding Officer, the regular members elected at large, the Liga ng mga Barangay President and the SK Federation President as Ex-Officio Members. Section 2A.02. Term of Office. - The Term of Office of the Members of the Sangguniang Bayan of Camalaniugan shall commence and end on such date as may be provided by law. Section 2A.03. Oath of Affirmation. - All the members of the Sangguniang Bayan of Camalaniugan shall, upon assumption to office, take an oath of office or affirmation in the prescribed form, duly subscribed before a person authorized to administer oath.
Copies of the oath or affirmation of office shall be filed and preserved in the Office of the Municipal Mayor and Office of the Secretary to the Sanggunian of Camalaniugan. Article B. Presiding Officer Section 2B.01. The Presiding Officer . - The Vice-Mayor shall be the Presiding Officer of the Sangguniang Bayan of Camalaniugan. The Presiding Officer shall vote only to break a tie.
In the event of the inability of the Vice-Mayor to preside at any Sangguniang Session, the members present constituting a quorum shall elect from among the members present a Temporary Presiding Officer. He/She shall certify within ten (10) days from passage of Ordinances and Resolutions adopted by the Sanggunian in the session over which he temporarily presided. However, in cases where the inability is caused by his/her designation or assumption as Acting Mayor and an Acting Vice-Mayor has been designated, the Acting ViceMayor shall automatically preside over sessions of the Sangguniang Bayan until such time that the Vice-Mayor has re-assumed his office. 5
Section 2B.02. Powers and Duties of the Presiding Officer . The Presiding Officer shall:
(a)Preside over the sessions of the Sangguniang Bayan; (b)Preserve order and decorum during sessions, and, in case of disturbance or disorderly conduct in the Session Hall or within its premises, take measures as he may deem advisable or as the Sanggunian may direct; (c) Decide all questions of order, subject to appeal by any Sanggunian Member in accordance with these Rules; (d) Sign all acts, ordinances, resolutions, memorials, writs, warrants, and subpoena issued by, or upon order of the Sanggunian; and (e) Exercise such other powers and perform such other functions as may be provided by law, ordinance or regulation. The regular Presiding Officer may be a Chairman of any standing committee. He may, likewise, be elected as Chairman of any special or ad hoc committee which the Sanggunian may organize for specific purposes. Article C. The Secretary Section 2C.01. Powers and Duties of the Secretary .
The Secretary to the Sanggunian shall take charge of the Office of the Secretary to the Sanggunian and shall: (1)
Attend meetings of the Sanggunian and keep a journal of its · proceedings;
(2)
Keep the seal of the LGU and affix the same with signature to all ordinances, resolutions, and other official acts of the Sanggunian and present the same to the Presiding Officer for his signature;
(3)
Forward to the mayor, for approval, copies of ordinances enacted by the Sanggunian and duly certified by the Presiding Officer;
(4)
Transmit to the Sangguniang Panlalawigan copies of duly approved ordinances;
(5) Furnish, upon request of any interested party, certified copies of record of public character in his custody, upon payment to the local treasurer of such fees as may be prescribed by ordinance; (6) Record in book kept for the purpose, all ordinances and resolutions enacted or adopted by the Sanggunian, with the dates of passage and publication thereof; (7) Keep in his office all non-confidential records therein open to the public during usual business hours; 6
(8) Translate into the dialect used by a majority of the inhabitants all ordinances and resolutions immediately after their approval, and cause the publication thereof, together with the original version in the manner provided in Rule XVII of these Rules and Regulations Implementing the Local Government Code; (9) Take custody of the local archives and, where applicable, the local library and annually account for the same; and (10) Exercise such other powers and perform such other duties and functions as may be prescribed by law or ordinance relative to his position. Article D. Sessions Section 2D.01. Regular Sessions. - The regular sessions of the Sangguniang Bayan of Camalaniugan, shall be held every Wednesday of each week at the SB Session Hall starting at exactly 9:00 in the morning or at such time and place, as may be decided by a 2/3 vote of all the members present in the immediately preceding session. A notice to this effect shall be served to the members who are absent during the session where the change of venue was decided.
In the event a holiday falls on a Wednesday, the session should be held on the next working day immediately following. However, where a regular session could not be held for causes such as typhoons, earthquakes and for any other cause, session shall be held on the working day following the cessation of such cause. Section 2D.02. Special Sessions. - As often as necessary, when public interest so demands, special sessions may be called by the Mayor, Vice-Mayor or a majority of the members of the Sanggunian.
In special sessions, a written notice to the Sanggunian Members, stating the date, time and purpose of the session, shall be served personally or left with a member of the household of the Member at his usual place of residence. Unless otherwise agreed upon by two-thirds (2/3) vote of the members present, there being a quorum, no other matter may be considered at a special session except those, stated in the notice. Section 2D.03. Recess – Recess maybe declared during holidays by a 2/3 affirmative vote of all the members. Section 2D.04. Call to Order . - The Presiding Officer shall, open the session by calling the Sanggunian to order. Section 2D.05. Attendance in Sessions . Every member of the Sanggunian shall be present in all sessions unless expressly excluded by it or necessarily prevented from doing so by sickness or other unavoidable circumstances duly reported in writing to the Sanggunian through the Secretary.
Sanggunian members who, upon arrival to attend sessions shall sign the attendance log book indicating thereat the time of arrival opposite his/her name. Members who will arrive Thirty (30) scheduled sessions will be considered absent.
minutes after the Roll Call in 7
Section 2D.06. Open to Public. Sanggunian sessions or meetings of any committee thereof shall be open to the public unless a closed session is decided or ordered by an affirmative vote of a majority of the Members present, there being a quorum, in the public interest or for reasons of security, decency or morality, or for reasons affecting the dignity of the Sanggunian or any of its members, or when confidential matters are being considered.
On a motion to hold a closed session duly approved, the Presiding Officer shall direct the Session Hall cleared and doors closed. Only the Secretary and such other persons specifically authorized by the Sanggunian shall be admitted to the closed sessions. They shall preserve the secrecy of whatever may be read or said at the session. Section 2D.07. Suspension and Adjournment of Session. Sessions of the Sanggunian shall not be suspended or adjourned except by direction of the Sanggunian itself, but the Presiding Officer may, in his discretion, declare a recess of short intervals. Section 2D.08. Opening and Adjournment to be entered in the Minutes. The exact hour of opening and adjournment of a session shall be entered in the Minutes. Article E. Roll Call And Quorum Section 2E.01. Quorum. The presence of at least SIX (6) Sanggunian Members in any scheduled session constitutes a quorum to validly or officially transact business. Section 2E.02. Absence of Quorum. Where there is no quorum in a given session, the Presiding Officer may declare a recess until such time that a quorum is constituted, or a majority of the members present may adjourn from day to day and may compel the immediate attendance of any member absent without good cause.
If there is still no quorum despite the foregoing, no business shall be transacted. The Presiding Officer, upon proper motion duly approved by the Members present, shall then declare the session adjourned for lack of quorum. Section 2E.03. Motion to Adjourn Vacates Call . At any time after the roll call has been completed, a motion to adjourn shall be in order, and if approved by a majority of those present, all proceedings shall be vacated. Article F. Committees Section 2F.01. Standing Committee. Composition and functions/general jurisdiction.
a. APPROPRIATIONS, BUDGET AND FINANCE – All matters related to the approval of the Budget; the appropriation of funds for the payment of obligations; determination of compensation of personnel, reorganization of local offices, allocation of funds for projects and other services. 8
Chairman - - - - - - - SBM SONIA G. SABINIANO Vice-Chairman- - - - SBM RENE C. HERNANDEZ Members - - - - - - - -SBM LESLIE G. CASAUAY SBM DANTE B. CANILLO SBM GINA VICTORIA O. CHAN b. LEGAL MATTERS – Specifically tasked to determine if proposed resolutions and ordinances are not contrary to existing laws and regulations and within the scope and authority of the Sangguniang Bayan to adopt or enact; other legal matters referred to the Sangguniang Bayan. Chairman - - - - - - - VICE- MAYOR MILAGROS C. LIBATIQUE Vice-Chairman- - - - SBM TOMAS C. VINAGRERA, JR. Members - - - - - - - -SBM PETER U. FILLON SBM GINA VICTORIA O. CHAN SBM DOMINGO B. OANDASAN c. WOMEN AND FAMILY, SOCIAL SERVICES AND COMMUNITY DEVELOPMENT– All matters related to the protection of women and family, measures to protect working women by providing safe and healthful working conditions, taking into account their maternal functions, and such facilities and opportunities that will enhance their welfare and potentials; measures to protect the rights of spouses and children, including assistance for proper care and nutrition, and special protection from all forms of neglect, abuse, cruelty, exploitation and other conditions prejudicial to their development; measures to protect the rights of families or family associations to participate in the planning and implementation of policies and programs that affect them, and other assistance that will safeguard the development of women and family. Matters related to public and social welfare and ameliorative services, public social services for the disadvantaged groups, elderly, street children, drug dependents, criminal offenders and squatters. Chairman - - - - - - - SBM GINA VICTORIA O. CHAN Vice-Chairman- - - - SBM SONIA G. SABINIANO Members - - - - - - - -SBM TOMAS C. VINAGRERA, JR. SBM PETER U. FILLON SBM RENE C. HERNANDEZ d. YOUTH AND SPORTS DEVELOPMENT – All matters related to the youth, the promotion of the youth's moral, physical, intellectual and social well-being; formulate policies to develop the youth to become more responsible citizen; the development of sports and sportsmanship in the community. Chairman - - - - - - - SBM DONNELL C. BURGOS Vice-Chairman- - - - SBM LESLIE G. CASAUAY Members - - - - - - - -SBM GINA VICTORIA O. CHAN SBM DANTE B. CANILLO SBM SONIA G. SABINIANO e. EDUCATION, CULTURE, SCIENCE AND TECHNOLOGY – 9
All matters related to education and culture, local schools, colleges and universities, libraries and museums, non-formal and community adult education, scientific and technological research development and advancement; and the moral and religious formation of the community. Chairman - - - - - - - SBM SONIA G. SABINIANO Vice-Chairman- - - - SBM GINA VICTORIA O. CHAN Members - - - - - - - -SBM RENE C. HERNANDEZ SBM LESLIE G. CASAUAY SBM TOMAS C. VINAGRERA, JR. f. ENVIRONMENTAL PROTECTION AND NATURAL RESOURCES – All matters related to the exploration, development, utilization and conservation of natural resources including flora and fauna, beautification, cleaning and greening of parks and places of public interest, segregation and proper disposal of solid and liquid wastes. Chairman - - - - - - - SBM DOMINGO B. OANDASAN Vice-Chairman- - - - SBM DANTE B. CANILLO Members - - - - - - - -SBM GINA VICTORIA O. CHAN SBM RENE C. HERNANDEZ SBM SANTIAGO P. VALDEZ g. HEALTH, SANITATION AND NUTRITION – Formulate rules and regulations in the proper disposal of water, and all matters related to public health and hygiene, hospitals, clinics and health centers, purchase of medicine and other health and sanitary measures, quarantine services and human ecology and settlement; and to promote the well-being of the constituency. Chairman - - - - - - - SBM RENE C. HERNANDEZ Vice-Chairman- - - - SBM SANTIAGO P. VALDEZ Members - - - - - - - -SBM TOMAS C. VIANGRERA, JR. SBM SONIA G. SABINIANO SBM GINA VICTORIA O. CHAN h. PUBLIC WORKS, INFRASTRUCTURE AND PROJECT MONITORING All matters related to planning, construction, maintenance, improvement and repair of public buildings, highways, bridges, roads, parks, shrines, monuments and other public edifices, drainage, sewerage and flood control and protection; irrigation and water utilities; encroachments and illegal construction in public places; and to inspect on-going constructions and completed projects within the Municipality of Camalaniugan, and to determine their conformity with approved plans, programs and specifications. Chairman - - - - - - - SBM TOMAS C. VINAGRERA, JR. Vice-Chairman- - - - SBM PETER U. FILLON Members - - - - - - SBM DOMINGO B. OANDASAN SBM SANTIAGO P. VALDEZ SBM LESLIE G. CASAUAY
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i.
FOOD, AGRICULTURE, COOPERATIVES AND NGOs –
All matters related to agriculture, food production and preservation, agribusiness, agricultural economics and research, soil survey and conservation, agricultural education and extension of services, animal industry and livestock quarantine, farm credit, fisheries and aquatic resources; encourage the organization and registration of Local Cooperatives, NGOs and other related organizations and coordinate with the proper agencies regarding problems, solutions for the improvement of cooperatives within the municipality Chairman - - - - - - - SBM SANTIAGO P. VALDEZ Vice-Chairman- - - - SBM GINA VICTORIA O. CHAN Members - - - - - - SBM DANTE B. CANILLO SBM RENE C. HERNANDEZ SBM LESLIE G. CASAUAY j.
PUBLIC ORDER AND SAFETY –
All matters related to the maintenance of peace and order and security, traffic rules and regulations, fire protection and control, jail management with close coordination with the barangay Chairmen, PNP, BFP, BJMP and Justice Department. Chairman - - - - - - - SBM DOMINGO B. OANDASAN Vice-Chairman- - - -SBM LESLIE G. CASAUAY Members - - - - - - SBM DANTE B. CANILLO SBM SANTIAGO P. VALDEZ SBM DONNEL C. BURGOS k. MARKET MANAGEMENT MUNICIPAL FACILITIES –
AND
PROPER
UTILIZATION
OF
In-charge with the formulation of policies, plans, rules and regulations, measures regarding the proper accounting, operation and administration of the public market and other municipal facilities. Chairman - - - - - - - SBM LESLIE G. CASAUAY Vice-Chairman- - - - SBM PETER U. FILLON Members - - - - - - SBM DANTE B. CANILLO SBM TOMAS C. VINAGRERA, JR. SBM SONIA G. SABINIANO l.
RULES –
All matters related to the implementation of local ordinances, revision, implementation and/or enforcement of the Sanggunian Internal Rules of Procedure and codification of ordinances. Prepare and prioritize measures in the Calendar of business, committees and their jurisdiction, privileges and disorderly behavior of the members during sessions. Chairman - - - - - - - SBM SANTIAGO P. VALDEZ Vice-Chairman- - - - SBM DOMINGO B. OANDASAN Members - - - - - - - SBM TOMAS C. VINAGRERA, JR. SBM DONNEL C. BURGOS SBM PETER U. FILLON
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m. HOUSING AND LAND USE – Review and recommends to the Sangguniang Bayan the approval of land use plans, town plans and zoning ordinances, formulates the policies, guidelines in the processing of subdivision plans. Chairman - - - - - - - SBM Vice-Chairman- - - - SBM Members - - - - - - SBM SBM
PETER U. FILLON TOMAS C. VINAGRERA, JR. SBM DANTE B. CANILLO SONIA G. SABINIANO DONNEL C. BURGOS
n. TRANSPORTATION AMD COMMUNICATIONS – All matters related to the operation and management of public transportation utilities and other conveyances for hire, establishment of vehicle stops and terminals, land water and air transportation concerns, telecommunication and power services. Chairman - - - - - - - SBM LESLIE G. CASAUAY Vice-Chairman- - - - SBM DOMINGO B. OANDASAN Members - - - - - - SBM SANTIAGO P. VALDEZ SBM TOMAS C. VINAGRERA, JR. SBM RENE C. HERNANDEZ o. BARANGAY AFFAIRS, ADVERTISEMENT
PUBLIC
INFORMATION
AND
Oversees the implementation of the plans, programs and activities of the different barangays and to attend to disputes affecting barangay boundaries and right of ways and all other matters related thereto; provision of up-to-date information on municipal activities and development and information from outside sources relative to the welfare of the general constituency. Chairman - - - - - - - SBM DANTE B. CANILLO Vice-Chairman- - - - SBM SONIA G. SABINIANO Members - - - - - - - SBM DONNELL C. BURGOS SBM PETER U. FILLON SBM SANTIAGO P. VALDEZ p. TOURISM – Develop and promote tourism programs within the municipality. Chairman - - - - - - - SBM TOMAS C. VINAGRERA, JR. Vice-Chairman- - - - SBM RENE C. HERNANDEZ Members - - - - - - SBM LESLIE G. CASAUAY SBM SONIA G. SABINIANO SBM DONNEL C. BURGOS q. COMMERCE, TRADE AND INDUSTRY – All matters related to or connected with the promotion, establishment and operation of all kinds of trade and industry, and other related activities including consumer protection and development of cottage industry. Chairman - - - - - - - SBM GINA VICTORIA O. CHAN Vice-Chairman- - - - SBM DONNELL C. BURGOS 12
Members - - - - - - -
r.
SBM PETER U. FILLON SBM LESLIE G. CASAUAY SBM DOMINGO B. OANDASAN
WAYS AND MEANS –
All matters related to taxes, fees, charges, loans; study and revision of tax measures, generation of other sources and forms of revenue from both public and private sectors, including codification of revenue ordinances. Chairman - - - - - - - SBM Vice-Chairman- - - - SBM Members - - - - - - - SBM SBM SBM
RENE C. HERNANDEZ DANTE B. CANILLO PETER U. FILLON DOMINGO B. OANDASAN DONNELL C. BURGOS
s. APPOINTMENT, ORGANIZATIONAL STRUCTURE AND STAFFING PATTERN – All matters related to the selection of qualified personnel for appointment and/or promotion that requires the confirmation of the Sangguniang Bayan. It includes creation of positions in the existing organizational structure in this municipality. Chairman - - - - - - - SBM PETER U. FILLON Vice-Chairman- - - - SBM DONNEL C. BURGOS Members - - - - - - - SBM GINA VICTORIA O. CHAN SBM DOMINGO B. OANDASAN SBM SANTIAGO P. VALDEZ t. LEGISLATIVE OVERSIGHT COMMITTEE – All matters related to the implementation of national laws, and enforcement of local ordinances and to ascertain the wide dissemination of information of ordinances to the target clienteles as well as determine their level of awareness on the ordinances enacted. Chairman - - - - - - - SBM DANTE B. CANILLO Vice-Chairman- - - - SBM SANTIAGO P. VALDEZ Members - - - - - - SBM DOMINGO B. OANDASAN SBM TOMAS C. VINAGRERA, JR. SBM SONIA G. SABINIANO Section 2F.02. Membership, Officers, Election. Each standing committee shall have a chairman elected by the body, a vice-chairman and three (3) members who shall be selected or chosen by the Chairman of the Committee concerned from any of the SB Members.
Any Sangguniang Bayan Member shall be limited to only 2 chairmanship, 2 vice-chairmanship and 6 membership in the standing committees created by this Sanggunian. No member of a committee shall act upon or participate in any matter which he has a special, direct and substantial interest. Section 2F.03. Special Committees. The Sanggunian may organize special committees as it may deem necessary. The Officers of special committees shall likewise be elected from the Sangguniang Bayan Members. 13
Section 2F.04. Vacancy . Whenever a vacancy occurs or is declared to exist in any committee, the chairman of the committee concerned shall select the SB Member to fill-in the vacancy in case of committee members and the SB to select the SB Member to fill-in the vacancy in case of committee chairmanship. Section 2F.05. Attendance in Committee meetings/Public Hearings. Committee Chairman, Vice-Chairman and members shall be present in all committee meetings/public hearings unless expressly excluded by it or necessarily prevented from doing so by sickness or other unavoidable circumstances. Section 2F.06. Duties of Committee Chairman. Preside and schedule Committee Meetings/Public Hearings; report on all issues/measures referred to the committee; shall have a vote and a voice on all committee deliberations which he/she chairs; appoint the committee secretary/recorder and in his/her absence, delegate such duties to the vice-chairman. Section 2F.07. Committee Meetings or Hearings. The committee shall convene, hold meetings or hearing every working Friday of the week. However, in cases where the nature of the assignment requires immediate or priority attention due to its urgency, the committee may hold meetings on any day as the members deems fit or proper. A majority of the members of the committee shall constitute a quorum. Section 2F.08. Committee Reports and Orders. Committee reports and/or ordinance or resolution shall be considered in formal meetings and shall be submitted in writing to the sanggunian with the corresponding minutes of the committee meeting or hearing.
When a committee submits a report, the members thereof shall be presumed to have concurred in the report and shall be precluded from opposing the same, unless they have entered their objection thereto during the committee meeting. Article G. Order And Calendar Of Business Section 2G.01. Order of Business. The Order of Business of the Sanggunian for every session shall be:
a) b) c) d) e) f) g) h) i)
Call to Order Prayer Roll Call Reading, Consideration and Approval of Previous Minutes Privilege Hour Question Hour First Reading and Referral of Measures and Communications Committee Report Calendar of Business - Unfinished Business - Business for the Day -3rd Reading -2nd Reading -Period of Debate -Period of Amendment -Voting on 2 nd Reading 14
- Unassigned Business j) Other Matters k) Adjournment Section 2G.02. Approval of Minutes. The Minutes of each session shall be submitted to the Sanggunian for approval. Section 2G.03. Calendar of Business. The Calendar of Business shall consist of the following parts:
a) Unfinished Business. - This refers to any kind of business, but not limited to, proposals or measures that have been left unacted upon, postponed or left unfinished during the previous meeting or session. This also includes items or business left unfinished at the term of the previous Sanggunian. b) Business for the Day. - This refers to a list of items that had been reported out by the committees and ready for deliberation on "second reading" as determined by the Committee on Rules. This may also include items that have been passed or approved on "second reading" and are ready for the body's decision on "third and final reading." c) Unassigned Business. - This refers to pending matters or measures and new ones arising out during the deliberations but not yet assigned or referred to proper committees for appropriate action including the following: 1. matters, proposals or measures usually in the form of resolution or ordinance that have not been referred to any particular committee albeit they have reported out during the period of committee report; 2. matters, proposals or measures already referred to a committee but for some reason or another was not acted upon and the Body decided to discharge that committee from further handling it. Thus, it becomes imperative to assign that matter to another committee or create special committee for that purpose; 3. matters, proposals or measures which have been erroneously referred to a committee but, for reason or another, was not corrected immediately after the reading of the minutes containing it. The alternative left for the committee concerned is to include the matter in the items under "Unassigned Business" and when this period comes, corrections may still be made thru a motion to that effect by either of the following. a)Committee on Rules; b)committee claiming jurisdiction over it; and c) committee to which it was erroneously referred; 4. expose, accusation, grievances or similar matters which were raised during the "Privilege Hour" or information which surfaced during the "Question Hour" but for some reasons or another were not referred or assigned to the proper committee to conduct a fact-finding investigation in aid of legislation. Section 2G.04. Availability of Calendar . The calendar of business shall be available every Tuesday or the last working day prior to the session day, unless there be no addition to the one previously distributed, in which case a note to this effect on the Order of Business shall be sufficient. 15
Article H. Ordinances And Resolutions Section 2H.01. Ordinance and Resolution, Distinguished . Legislative actions of a general and permanent character shall be enacted in the form of ordinances, while those which are of temporary character shall be passed in the form of resolutions. Matters relating to proprietary functions and to private concerns shall also be acted upon by resolution. Section 2H.02. Essential Parts of Ordinances and Resolutions. Proposed ordinances and resolutions shall be in writing and shall contain an assigned numbers, a title or caption, an enacting or ordaining clause, and the date of its proposed effectivity. It shall be signed by the author or authors and submitted to the Secretary who shall report the same to the Sanggunian at its next session. Section 2H.03. First. Reading . - Only the title of the propose measure or communication (or its substance, if it has no title) shall be read by the Secretary and immediately thereafter, the Presiding Officer shall refer it to the concerned standing committee, if there is no standing committee having jurisdiction on the matter being referred to, a special (also known as Ad Hoc) committee shall be created, right then and there to handle it. Section 2H.04. Period to Report . The committee shall submit a report on the proposed ordinance or resolution on the next regular session or within the prescribed period. Section 2H.05. Urgent Measures. Any legislative matter duly certified by the Local Chief Executive/Presiding Officer as urgent, whether or not it is included in-the calendar of business, may be presented and acted upon after suspending the rules.
From the date of referral of business (1 st reading) a maximum grace period of three weeks, depending upon the nature of the assignment, shall be granted to a committee, after which same shall be calendared for deliberation. In cases where the measure necessitates the conduct of a public hearing, the committee concerned shall submit a report on the proposed resolution or ordinance within one month from the date the measure has been referred to it. The Sanggunian, likewise may on motion made by the chairman or any member of the committee concerned, consider a proposed ordinance or resolution as urgent and consideration thereof shall be scheduled according to a timetable. If said motion is approved, the Sanggunian shall forthwith prepare a detailed timetable fixing the date on or before which the proposed ordinance or resolution must be reported by the Committee concerned, the number of days or hours to be allotted to the consideration of the measure on Second Reading, and the date or hour at which proceedings must be concluded and final vote on said measure taken. Section 2H.06. Second Reading and Debate. All proposed ordinance or resolution referred to and reported by a certain committee shall be considered for inclusion in the Calendar of Business under 2nd reading by the Committee on Rules. However, measures recommended by a Committee to be shelved or confined to the archives shall no longer be considered on 2 nd Reading. 16
On the day set for the consideration of a proposed ordinance or resolution for Second Reading, proposed by the committee, if any, unless copies thereof have been distributed earlier and such reading is dispensed with, thereafter, the proposed ordinance or resolution shall be subject to debate and pertinent motions. Section 2H.07. Debate and Closure of Members. After the discussion of any measure, a motion to close the debate shall be in order after a minimum of two speeches for and one against, or after only one speech for has been delivered and none entered against it. Section 2H.08. Three-Minute Rule. After the close of debate, the Sanggunian shall proceed to the consideration of committee amendments. A member who desires to speak for or against an amendment shall have only three (3) minutes to do so.
The three-minute rule shall apply, likewise, in the consideration of an amendment to an amendment or of an amendment by substitution. Section 2H.09. Approval of Measure on Second Reading . The Secretary to the Sanggunian shall prepare copies of the proposed ordinance or resolution in the form it was passed on Second Reading and shall distribute to each Sanggunian Member a copy thereof, except that a measure certified by the local chief executive/presiding officer as urgent may be submitted for final voting immediately after debate/or amendments during the Second Reading.
After the amendments have been acted upon, the proposed ordinance or resolution shall be voted on Second Reading. Section 2H.10. Third Reading . A proposed ordinance or resolution approved on Second Reading shall be included in the Calendar of Business under Third Reading.
No ordinance shall be approved unless it has passed three readings, and copies thereof in its final form have been distributed to the Members. Upon consideration on the Third Reading of a proposed ordinance or resolution, no amendment thereto shall be allowed, and the vote thereon shall be taken immediately thereafter and the ayes and nays entered in the Minutes. Section 2H.11. Approval of Resolutions. A resolution shall be enacted in the same manner prescribed for ordinances, except that it need not go through a separate Third Reading for its final consideration unless decided otherwise by a majority of all the Sanggunian members present. Section 2H.12. Voting Requirement .
1. Simple Majority – refers to the vote of the majority of the members present and constituting a quorum. 2. Majority vote (50% + 1 of the entire membership) – “Majority” has been defined as that which is greater than half of the membership of the body or that number which is 50% + 1 of the entire membership. Following said ruling, and following the qualified majority rule, since the total membership of the Sanggunian is 11, 11 divided by 2 will give us a quotient of 5.5 and 5.5+1 will give us a total of 6.5, Let it be noted , 17
however, that a fraction cannot be considered as one whole vote since it is physically and legally impossible to count or divide a person, even his vote into a fractional part. Accordingly, we have to go up to the next whole number, which is 6. Indubitably, the vote of 6 in a body which is composed of 11 members, in relation to 5.5, which is the half of 11, is definitely greater than 5.5. Thus, the voting requirement to muster a Majority Vote of an eleven-member Sanggunian shall be six (6). 3. Two-Thirds (2/3) vote – In determining a two-thirds (2/3) vote with a total membership of eleven (11), including the vice-mayor, the vote of EIGHT (8) of its members is required. This is so because in instances where the Local Government Code requires the Sanggunian to garner at least a two-thirds (2/3) vote, what is important is that the result thereof, when mathematically expressed, is greater and not less than that which is required by law. While it is true that a mathematical computation in determining the two-thirds vote in an eleven-member Sanggunian would yield the result of seven point thirty-three (7.33), a fraction cannot be considered as one whole vote since it is physically and legally impossible to count or divide a person, even his vote into a fractional part. Neither can we go down to seven (7) because definitely, it is less than two-third of the Sanggunian membership. Thus, the voting requirement to muster two-third vote of all the elevenmembership Sanggunian shall be EIGHT (8). In counting the votes for the adoption or enactment of a measure, all the votes shall come from the floor except when there is a tie vote where the Presiding Officer shall vote. Section 2H.13. Special Provisions on the Budget Ordinance . The Sanggunian shall in no case increase the appropriation of any project or program of any office of the municipality over the amount submitted by the Local Chief Executive in her budget proposal.
After the Local Chief Executive shall have submitted the annual general appropriations measure, considered only if supported by actually available funds as certified to by the local treasurer or by funds to be raised by corresponding revenue therein. Section 2H.14. Approval by the Local Chief Executive. Every ordinance and resolution approving the Capital Investment Plan/Annual Development Plan enacted/passed by the Sanggunian shall be forwarded to the Local Chief Executive for approval. The Local Chief Executive shall affix her initials on each and every page of the ordinance or resolution and the word "Approved" shall appear with her signature on the last page thereof.
Within ten (10) days after receipt of the ordinance or resolution, the Local Chief Executive shall return the said ordinance or resolution to the Sanggunian with either her approval or her veto. If she does not return it within that time, the ordinance or resolution shall be deemed approved.
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Section 2H.15. Veto Power of the Local Chief Executive. The Local Chief Executive may veto any ordinance or resolution on the ground that it would be prejudicial to the public welfare particularly stating her reasons therefore in writing.
The Local Chief Executive shall have the power to veto any particular item or items of an appropriation ordinance, or of an ordinance or resolution directing the payment of money or creating liability. In such case, the veto shall not affect the item/s which is/are not objected to. The vetoed item/s shall not have effect unless the Sanggunian overrides the veto in the manner hereunder provided; otherwise, the item/s in the appropriation ordinance of the previous year corresponding to those vetoed shall be deemed re-enacted. The Sanggunian may override the veto of the Local Chief Executive by two-thirds (2/3) vote of all its members, thereby making the ordinance or resolution effective. The Local Chief Executive may veto an ordinance or resolution only once. Section 2H.16. Review by the Sangguniang Bayan . Within ten (10) days after enactment, the Sangguniang Barangay shall furnish copies of the barangay ordinance to the Sangguniang Bayan for review, as to whether the ordinance is consistent with law, and with municipal ordinances.
Failure on the part of the Sangguniang Bayan to take action on a barangay ordinance within thirty (30) days from receipt thereof, said ordinance shall be presumed consistent with law and with municipal ordinances and, therefore, valid. If within thirty (30) days, the Sangguniang Bayan finds the barangay ordinance inconsistent with law or with municipal ordinances, the Sangguniang Bayan shall return the ordinance with its comments and recommendations to the Sangguniang Barangay for adjustment, amendment or modification, in which case, the effectivity of the ordinance shall be deemed suspended. Section 2H.17. Enforcement of Disapproved Measures. Any attempt to enforce, promulgate, or execute any ordinance, resolution and executive order after the disapproval thereof shall be sufficient ground for the suspension or dismissal of the officer making such attempt. Section 2H.18. Effectivity of Enactments. Unless otherwise stated in the ordinance or resolution, the same shall take effect after the lapse of ten (10) days from the date a copy thereof is posted in a bulletin board at the entrance of municipal hall/barangay hall, and in at least two (2) other conspicuous places, such as the public market, church or chapel.
Not later than five (5) days after the passage of the ordinance or resolution, the Secretary to the Sanggunian shall cause the posting thereof, and shall record such fact in book kept for the purpose, stating the dates of approval and posting thereof.
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Article I. Decorum And Debate Section 2I.01. Medium of Communication. The Legislative Body shall use "English", "Pilipino" and "lIuko" dialect as medium of communication in all deliberations. Section 2I.02. Manner of Addressing the Chair . When a member desires to speak, he shall rise or raise his hand and respectfully address the Chair, "Mr. Chairman/Madam Chairperson or Presiding Officer." Section 2I.03. Recognition of Member to Speak . When two or more members rise or raise his/her hands at the same time, the Presiding Officer shall determine and recognize the member who is to speak first. Section 2I.04. Time Limit for Speeches. No member shall occupy more than fifteen (15) minutes in debate on any question or speak for more than once on any question without leave of the Sanggunian, except as hereinafter provided. The period of interpolation shall not be counted against the time of the member speaking. Section 2I.05. Sponsor to Open and Close, Debate. The member reporting a measure under consideration from a committee may open and close the debate thereon. If the debate should extend beyond one session day, he shall be entitled to an additional fifteen (15) minutes to close. Section 2I.06. Decorum to Open/Close Debate. In all cases, the member who has obtained the floor shall confine himself to the question under debate, avoiding personalities. He shall refrain from uttering words, or performing acts which are inconsistent with decorum.
If it is requested that a member be called to order for words spoken in debate, the member making such request shall indicate the words excepted to, and they shall be taken down in writing by the Secretary and read aloud. The member who uttered such words shall not be held to answer, nor be subject to censure by the Sanggunian if further debate or other business has intervened. Section 2I.07. Conduct During Session. During the session members shall be in proper attire and observe proper decorum.
Attire: Male member - coat and tie Lady member – skirt/pants and blazer While the Presiding Officer is addressing the Sanggunian or putting a question, no member shall walk out or cross the Session Hall. Section 2I.08. Smoking is Prohibited. (Session)
1. Smoking shall not be permitted while in session. 2. Smoking is prohibited within the SB Session Hall.
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Section 2I.09. Use of mobile phones during sessions. In order not to disturb other members, all mobile phones within the session hall shall be placed in silent tones. Section 2I.10. Discipline of Members. The Sanggunian may punish its Members for disorderly behavior and, with the concurrence of two-thirds (2/3) of all the Members present suspend or exclude from the session a Member, but if the penalty is suspension this shall not exceed sixty (60) days.
The following acts are considered as a violation of this section: a. use of offensive language during deliberations; b. attending sessions under the influence of liquor; c. other offenses that the Sangguniang Bayan may deem proper to warrant the imposition of disciplinary action against its members.
Article J. Voting And Motions Section 2J.01. A Tie on an Appeal . A tie vote on an appeal from the ruling of the Chair sustains the decision of the Chair. Section 2J.02. Who May Move. When a motion, report or proposed measure is adopted or lost, it shall be in order for a member who votes with the majority to move for the reconsideration thereof on the same or succeeding session day. Such motion shall take precedence over all other questions, except a motion to adjourn, to raise a question of privilege and a call to order. Section 2J.03. Recording of Motions. Every motion shall be entered in the Minutes with the name of the Member making it, unless it is withdrawn on the same day. Section 2J.04. Reading and Withdrawal of Motions . When a motion is made, the Presiding Officer shall state the motion before being debated. Except as herein otherwise provided, a motion maybe withdrawn anytime before its approval or amendment. Section 2J.05. Precedence of Motions. When a question is under debate, no motion shall be entertained except to adjourn, raise a question of privilege, declare a recess, lay on the table, or postpone to a certain day (which motions shall be decided subject to the 5-minute rule). Said motions shall have precedence in the foregoing order. No motion to postpone to any day certain, or refer or postpone indefinitely, having failed passage, shall again be allowed on the same day.
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PRECEDENCE OF MOTIONS RANK 1 2 3 4 5
PRIVILEGE MOTIONS Fix the time at which to adjourn To adjourn Take a recess Raise a question of privilege Call for Orders of the Day SUBSIDIARY MOTIONS
6 7 8 9 10 11 12
13
Lay on Table Call for the previous question Modify the limits of debate Postpone definitely Commit or refer to a committee Amend Postpone indefinitely MAIN MOTION a) General main motions (collectively ranked No. 13 with no precedence among themselves) b) Specific motions Reconsider Reconsider and have entered on the minutes Rescind or repeal Adopt a report or resolution Amend (Adopted questions) Adjourn (if qualified) Take from the table Expunge INCIDENTAL MOTIONS
Incidental motion has no individual or collective ranking and has no order of precedence among themselves. They arise only incidentally out of the pending question. These motions take precedence over the question for which they arise. Suspend the rules Withdraw a motion Object to the consideration of a question Raise a point of order Raise a point of information Raise a parliamentary inquiry Appeal from the decision of the Chair Call for the division of the Body Ask for the division of the question Ask/Request permission to read papers Motion to reopen or close nominations
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Section 2J.06. Amendments. When a motion or proposition is under consideration, a motion to amend and a motion to amend that amendment shall be in order. It shall also be in order to offer further amendment by substitution, but it shall not be voted upon until the original motion or proposition is perfected. Any of said amendments may be withdrawn before a decision is made thereon. Section 2J.07. Rider Prohibited. No motion or proposition on a subject different from that under consideration shall be allowed under color of amendment. Section 2J.08. Motion to Cover One Subject Matter . No motion shall cover more than one subject matter. Section 2J.09. Amendment of Title. Amendments to the title of a proposed ordinance or resolution shall not be in order until after the text thereof has been perfected. Amendments to the title shall be decided with or without debate. Section 2J.10. Call to Order. A motion to read any part of the Rules is equivalent to a call to order and takes precedence over any motion other than to adjourn. Section 2J.11. Question of Privilege. Questions of privilege are:
(a) Those affecting the rights of the Sanggunian: its safety dignity, and the integrity of its members. (b)Those affecting the rights, reputation and conduct of the members, individually, in their capacity as such members. Subject to the five-minute rule, questions of privilege shall have precedence over all the other questions, except a motion to adjourn. Section 2J.12. Privilege Questions. Privilege Questions are those motions or subject matter which, under the Rules, takes precedence over other motions and subject matters. Article K. Suspension Of The Rules Section 2K.01. Who can move. Any member can move for the suspension of the Rules. Section 2K.02. Vote Required . No Rule shall be suspended except by a vote of two-thirds (2/3) of the members, a quorum being present. Section 2K.03. Interruption of motion. When a motion to suspend the Rules is pending, one motion to adjourn may be entertained. If it is lost, no similar motion shall be entertained until the vote is taken on the motion to suspend.
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Section 2K.04. Effect of Suspension. If the Sanggunian votes to suspend the Rules, it shall forthwith proceed to consider the measure. A twothirds (2/3) vote of the members present shall be necessary for the passage of said measure, a quorum being present. Article L. Transitory Provisions Section 2L.01. Transitory Provision. This Internal Rules of Procedure shall govern the acts of this Body during Sangguniang Bayan sessions until such time that the next set of officials shall have enacted its own Internal Rules of Procedure. Article M. Amendments Section 2M.01. Amendments. Any portion of these Rules may be amended by a majority vote of all the Sanggunian Members. CHAPTER 3 CODE OF CONDUCT AND ETHICAL STANDARDS FOR LOCAL OFFICIALS AND EMPLOYEES Article A. Declaration of Policy Section 3A.01. Policy . It is the policy of this municipal government to promote a high standard of ethics in public service. All local officials and employees shall at all times be accountable to the people and shall discharge their duties with the utmost responsibility, integrity, competence and loyalty; act with patriotism and justice; lead modest lives and uphold public interest over personal interest Section 3A.02. Definition of Terms . As used in this Chapter, the term:
“Public Officials” – include elective and appointive officials and employees, permanent or temporary, whether in the career or non-career service, including military and police personnel, whether or not they receive compensation, regardless of amount. ‘Gift” – refers to a thing or a right disposed of gratuitously, or any act of liberality, in favor of another who accepts it, and shall include a simulated sale or an unsolicited gift of normal or insignificant value not given in anticipation of, or in exchange for, a favor from a public official or employee. “Receiving Any Gift” – includes the act of accepting, directly or indirectly, a gift from a person other than a member of his family or relative as defined in this Chapter, even on the occasion of a family celebration or national festivity like Christmas, if the value of the gift is neither nominal nor significant, or the gift is given in anticipation of, or in exchange for, a favor. “Loan” – covers both simple loan and “commodatum” as well as guarantees, financing arrangement or accommodations intended to ensure its approval. 24
“Substantial Stockholders” – means any person who own, directly or indirectly, shares of stock sufficient to elect a director of a corporation. “Family of Local Officials or Employees” – means their spouses and unmarried children under eighteen (18) years of age. “Person” – includes natural and juridical persons unless the context indicates otherwise. “Conflict of interest” – arises when a local official or employee is a member of a board, an officer, or a substantial stockholder of a private corporation or owner or has a substantial interest in a business, and the interest of such corporation or business, or his rights or duties therein, may be opposed to or affected by the faithful performance of official duty. “Divestment” – is the transfer of title or disposal of interest in property by voluntarily, completely and actually depriving or dispossessing oneself of his right or title to it in favor of a person or persons other than his spouse and relatives as defined herein. “Relatives” – refer to any and all persons related to a public official or employee within the fourth civil degree of consanguinity or affinity, including “bilas”, “inso” and “balae”. Article B. Norms of Conduct of Local Officials and Employees Section 3B.01. Standard of Personal Conduct . Every public official and employee shall observe the following as standards of personal conduct in the discharge and execution of official duties.
1) Commitment to Public Interest . Local officials and employees shall always uphold the public interest over and above personal interest. All government resources and powers of their respective offices must be employed and used efficiently, effectively, honestly and economically, particularly to avoid wastage in public funds and revenues. 2) Professionalism. Local officials and employees shall perform and discharge their duties with the highest degree of excellence, professionalism, intelligence and skill. They shall endeavor to discourage wrong perception of their roles as dispensers or peddlers of undue patronage. 3) Justness and Sincerity . Local officials and employees shall remain true to the people at all times. They must act with justness and sincerity and shall not discriminate against anyone, specially the poor and the underprivileged. They shall at all times respect the rights of others, and shall refrain from doing acts contrary to law, good morals, good customs, public policy, public order, public safety and public interest. They shall not dispense or extend undue favors on account of their offices to their relatives whether by consanguinity or affinity, except with respect to appointments of such relatives to positions considered strictly confidential or as members of their personal staff whose terms are coterminous with theirs. 25
4) Political Neutrality . Local officials and employees shall provide service to everyone without discrimination and regardless of party affiliation or preference. 5) Responsive to the Public . Local officials and employees shall extend prompt, courteous, and adequate service to the public. Unless otherwise provided by law or when required by the public interest, public officials and employees shall provide information on their policies and procedures in clear and understandable language, ensure openness of information, public consultations and hearing whenever appropriate, encourage suggestions, simplify and systematize policy, rules and procedures, avoid red tape and develop an understanding and appreciation of the socio-economic conditions prevailing in the country, especially in the depressed rural and urban areas.
6) Nationalism and Patriotism . Local officials and employees shall at all times be loyal to the Republic and to the Filipino people, promote the use of locally produced goods, resources and technology and encourage appreciation and pride of our country and people. They shall endeavor to maintain and defend Philippine sovereignty against foreign intrusion. 7) Commitment to Democracy . Local officials and employees shall commit themselves to the democratic way of life and values, maintain the principle or public accountability, and manifest by deeds the supremacy of civilian authority over the military. They shall at all times uphold the Constitution and put loyalty to country above loyalty to persons or party. 8) Simple Living . Local officials and employees and their families shall lead modest lives appropriate to their positions and income. They shall not indulge in extravagant or ostentatious display of wealth in any form. Article C. Duties and Responsibilities of Local Officials and Employees Section 3C.01. Duties, Responsibilities and Obligations. In the performance of their duties, all public officials and employees are under obligation to:
1) Act Promptly on Letters and Request . All local officials and employees shall within fifteen (15) working days from receipt thereof, respond to letters telegrams or other means of communications sent by the request. 2) Submit Annual Performance Reports . All heads or other responsible officers of local offices shall, within forty-five (45) working days from the end of the year, render a performance report of their respective offices to the Mayor. Such report shall be open and available to the public within regular office hours.
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3) Process Documents and Papers Expeditiously . All official papers and documents must be processed and completed within a reasonable time from the preparation thereof and must contain, as far as practicable, not more than three (3) signatories, therein. In the absence of duly authorized signatories, the official next-in-rank or officer-incharge shall sign for and in their behalf. 4) Act Immediately on Public’s Personal Transactions . All Local officials and employees must attend to anyone who want to avail himself of the services of their offices and must, at all times, act promptly and expeditiously. 5) Make Documents Accessible to the Public . All public documents must be made accessible to, and readily available for inspection by, the public within reasonable working hours. Article D. Ethical Standards Section 3D.01. Prohibited Acts and Transactions. In addition to acts and omissions of public officials and employees now prescribed in the Constitution and existing laws, the following shall constitute prohibited acts and transactions of any local official and employees and are hereby declared to be unlawful:
1) Financial and Material Interest . Local public officials and employees shall not, directly or indirectly, have any financial or material interest in any transaction requiring the approval of their office. 2) Outside Employment and other Activities Related Thereto . Local officials and employees during their incumbency shall not: a. Own, control, manage or accept employment as officer, employee, consultant, counsel broker, agent, trustee or nominee in any private enterprise regulated, supervised or licensed by their office unless expressly allowed by law. b. Engaged in the practice of their profession unless authorized by the Constitution or law, provided that such practice will not conflict or tend to conflict with their official functions; or c. Recommend any person to any position in a private enterprise which has a regular or pending official transaction with their office. These prohibitions shall continue to apply for a period of one (1) year after resignation, retirement, or separation from public office, except in the case of subparagraph (2) (b) above, but the professional concerned cannot practice his profession in connection with any matter before the office he used to be with, in which case the one (1) year prohibition shall likewise apply. 3) Disclosure and/or Mis-use of Confidential Information . Local officials and employees shall not use or divulge confidential or classified information officially known to them by reason of their office and not made available to the public either: 27
a. To further their private interests, b. To give undue advantage to anyone; or c. To prejudice the public interest. 4) Solicitation or Acceptance of Gifts . Local officials and employees shall not solicit, or accept, directly or indirectly, any gift, gratuity, favor, entertainment, loan or anything of monetary value from any person in the course of their official duties or in connection with any operation being regulated by, or any transaction which may be affected by the functions of their office. As to gifts from foreign government, the following are allowed: a. The acceptance by a local official or employee of a gift of nominal value tendered and received as a souvenir or mark of courtesy; b. The acceptance by a local official or employee of a gift in the nature of a scholarship or fellowship grant or medical treatment; or c. The acceptance by a local official or employee of travel grants or expenses for travel taking place entirely outside the Philippines (such as allowances, transportation, food and lodging) or more than nominal value if such acceptance is appropriate or consistent with the interest of the Philippines, and permitted by the head of office to which he belongs. Article E. Transparency in Public Service Section 3E.01. Statement of Assets. Liabilities and Net Worth; Disclosure of Business Interests and Financial Connections. All Local officials and employees, except those who serve in an honorary capacity, laborers and casuals or temporary workers, shall file under oath their statement of “Assets, Liabilities and Net Worth” and a “Disclosure of Business Interests and Financial Connections” and those of their spouses and unmarried children under eighteen (18) year of age living in their households. The two documents shall contain information on the following:
a. Real property, its improvements, acquisition costs, assessed value and current fair market value; b. Personal property and acquisition cost; c. All other assets such as investments, cash on hand or in banks, stocks, bonds, and the like; d. Liabilities; and e. All business interests and financial connections. The documents must be filed: a. Within thirty (30) days after assumption of office; b. On or before April 30 of every year thereafter; and c. Within thirty (30) days after separation from the service. All public officials and employees required under this Article to file the aforestated documents shall also execute, within thirty (30) days from the date of 28
assumption of office, the necessary authority in favor of the Ombudsman to obtain from all appropriate government agencies, including the Bureau of Internal Revenue, such documents as may show their assets, liabilities, net worth and also their business interest and financial connections in previous years, including, if possible, the year when they first assumed any office in the Government. Husband and wife who are both local officials or employees may file the required statements jointly or separately. The statement of “Assets, Liabilities and Net Worth” and the “Disclosure of Business Interests and Financial Connections” shall be filed; a) b)
With the Deputy Ombudsman in Region IV, if, local officials and employees; and With the Civil Service Commission, if all other officials and employees, as defined in Republic Act No. 3019, as amended.
Section 3E.02. Identification and Disclosure of Relatives. It shall be the duty of every local official or employee to identify and disclose, to the best of his knowledge and information, his relatives in the Government in the form, manner and frequency prescribed by the Civil Service Commission. Section 3E.03. Accessibility of Documents.
1)
Any and all statements filed under this Chapter shall be made available for inspection at reasonable hours.
2)
Such statements shall be made available for copying or reproduction after ten (10) working days from the time they are filed as required by existing laws;
3)
Any person requesting a copy of a statement shall be required to pay a reasonable fee to cover the cost of reproduction and mailing of such statement, as well as the cost of certification.
4)
Any statement filed under this Chapter shall be available to the public for a period of ten (10) years after receipt of the statement. After such period, the statement may be destroyed unless needed in an ongoing investigation.
Section 3E.04. Other Prohibited Acts. It shall be unlawful for any person to obtain or use any statement filed under this Chapter for:
a. any purpose contrary to morals or public policy; or b. any commercial purpose other that by news; and c. communications media for dissemination to the general public. Article F. Conflict of Interest and Divestment Section 3F.01. Resignation or Divestment . A local official or employee shall avoid conflict of interest at all times. When a conflict of interest arises, he shall resign from his position in any private business enterprise within thirty (30) 29
days from his assumption of office and/or divest himself of his shareholdings or interest within sixty (6) days from such assumption. The same rule shall apply where the local official or employee is a partner in partnership. This requirement of divestment shall not apply to those who serve the government in a honorary capacity nor to laborers and casual or temporary workers. Article G. Penalties Section 3G.01. Fines; Suspension or Removal; or Imprisonment . In prescribing penalties for offenders, the following rules and regulations shall be observed:
a. Any local official or employee regardless of whether or not he holds office or employment in a casual, temporary hold-over, permanent or regular capacity, committing any violation of this Chapter shall be punished with a fine not exceeding the equivalent of six (6) months salary or suspension not exceeding one (1) year, or removal depending on the gravity of the offense after due notice and hearing by the appropriate body or agency. If the violation is punishable by a heavier penalty under existing law, he shall be prosecuted under that law. b. Violation of article D, E and F of this Chapter shall be prosecuted and penalized under the provisions of Republic Act 6713. c. Any violation hereof proven in a proper administrative proceedings shall be sufficient cause for removal or dismissal of a local official or employee, even if no criminal prosecution is instituted against him. d. Private individuals who participate in conspiracy as co-principals, accomplices or accessories, with officials or employees, in violation of this Chapter, shall be subjected to the same penal liabilities as the public officials or employees and shall be tried jointly with them. CHAPTER 4 PUBLIC SAFETY; PEACE AND ORDER Article A. Vandalism On Public And Private Properties Section 4A.01. Prohibited Acts. It shall be unlawful for any person, minor or adult, to commit acts of vandalism such as, but not limited to removing or defacing any wall, fence, post or natural thing or material, including the breaking, cracking, writing, painting, burning or in any manner of destroying, disturbing, marking or harming the surface or condition of any natural material or thing, either publicly or privately owned like markets, buildings, bridges, streets, traffic signs, waiting sheds, billboards, trees, vehicles and all other matters of value.
30
Section 4A.02. Definition of terms:
a) b) c)
“Vandalism” – is the willful act and malicious destruction or defacement of public and private property. ‘Vandals” – A person who willfully or maliciously defaces or destroys public or private property or maliciously destructive. ‘Youthful offender” – is a child, minor or youth, including one who is emancipated in accordance with the law, who is over nine (9) years but less than eighteen (18) years of age at the time of the commission of the offense.
Section 4A.03. Administrative Provision.
The Municipal Mayor shall strictly implement this Article through any and all government agencies such as PNP, School Administrators, Head of Agencies, Barangay Officials, POs and NGOs. Distribution of Proceeds – Fines collected in violation hereof shall accrue to the general fund of the Local Government Unit of Camalaniugan and apportioned in the following manner: a) Municipal share ----------------- 30% b) Barangay share ----------------- 30% c) Apprehending Authority-------- 40% Section 4A.04. Penalty . Any person found to have committed any of the prohibited acts herein enumerated shall be punished by:
a)
b)
c)
First Offense – a fine of One Thousand (P1,000.00) Pesos or imprisonment of four (4) days at the discretion of the Court and additional penalty of restituting the amount of damages incurred on the properties vandalized as maybe determined by a competent person. Second Offense – a fine of Two Thousand (P2,000.00) Pesos or imprisonment of eight (8) days at the discretion of the Court and additional penalty of restituting the amount of damages incurred on the properties vandalized as maybe determined by a competent person. Third Offense – a fine of Two Thousand Five Hundred (P2,500.00) or imprisonment of six (6) months, or both fine and imprisonment, at the discretion of the proper court and additional penalty of restituting the amount of damages incurred on the properties vandalized as maybe determined by a competent person.
Minor offenders shall be penalized according to the provisions of RA 9344 otherwise known as “Juvenile Justice and Welfare Act of 2006” and other pertinent laws. Article B. Regulation Of Fund Raising Activities Section 4B.01. Administrative Provision. This Article shall cover all forms of fund raising activities conducted within the municipality. The same cover also those who are engaged whether it be a People’s Organization (POs), 31
Non-Government Organizations (NGOs) also private associations. Provided , that this Article does not cover (1) the right of Barangay Sanggunians to hold fund raising activities as enunciated in the Local Government Code of 1991, Book III, Title I, Chapter 4, Section 391, par (8) and (2) caroling as a customary tradition during the yuletide season, however, carolers shall secure a permit from the Barangay Captain of the Barangay where they intend to conduct caroling activities. There shall be collected a fee for the issuance of a Permit for the lawful conduct of fund raising activity within the municipality as stipulated in a separate ordinance. The fee imposed herein shall be paid to the Municipal Treasurer before the intended date to conduct the fund raising activity. Upon filing of the application for the issuance of the permit to conduct said activity, a resolution of the organization or association specifying the purpose of the proceeds must be submitted. The Municipal Mayor shall create a monitoring team that will oversee the disbursement of the proceed of the activity if it is really in line with its purpose as embodied in the resolution. The team shall also require the organization or association to submit their financial statement for proper evaluation. Section 4B.02. Definition. Fund raising activity . This refers to the activity involving the generation of funds for specific purpose. Also includes solicitation activity. Section 4B.03. Penalty . Any person or group of persons who violate/s this Article shall be penalized as follows:
a. first offense
-a fine of Five Hundred Pesos (P500.00) or imprisonment of two (2) days at the discretion of the Court. b. second offense -a fine of One Thousand Pesos (P1,000.00) or imprisonment of four (4) days at the discretion of the Court. c. third offense -a fine of Two Thousand Five Hundred Pesos (P2,500.00) or imprisonment of six (6) months, or both fine and imprisonment, at the discretion of the Court. In case of association or organization, the penalties shall be imposed upon the president of such association or organization. Article C. Utilization Of Portions Of The National Highway Section 4C.01. Prohibited Acts. No person or group of persons shall use any portion of the National Highway in this municipality for his personal use which may cause obstruction to road users. As provided for under Presidential Decree No. 17, “It shall be unlawful for any person to usurp any portion of a Right-of-Way (ROW), to convert any part of any public highway, bridge, wharf or trail to his own private use or to obstruct the same in any manner.” 32
Section 4C.02. Administrative Provision.
The ROW shall include the travelway, curb and gutter, sidewalks, shoulders, canals and other portions of the defined road ROW. These obstructions and prohibited uses within the ROW include, but are not limited to the following. 1.
All kinds of private temporary and permanent structures, such as buildings, houses, shanties, stores, shops, stalls, sheds, post, canopies, billboards, signages, advertisements, fences, walls, railings, basketball courts, garbage receptacles, and the like.
2.
Plant and plant boxes.
3.
Driveways and ramps occupying or protruding to the sidewalks
4.
Humps, whether permanent or temporary
5.
Construction materials, such as sand, gravel, cement, lumber and steel bars, earth spoils, waste materials, debris, embankment, heaps and the like.
6.
Vehicles and equipment, including junked items, that are parked, occupying or protruding to the sidewalk or shoulder.
7.
Vending, repair of vehicles, and other businesses within the sidewalk and other parts of the ROW.
8.
Disposal of household/commercial/industrial wastewater and sewerage into the sidewalk., curb and gutter and travelway.
9.
Raising of animals or allowing them to roam within the ROW
10.
Washing and Drying of clothes, crops and similar items
11.
Sports and related activities
Section 4C.03. Penalty . The Municipal Mayor, upon coordination with the DPWH, and/or the Municipal Engineering Office or their duly deputized instrumentality, shall issue the notices to concerned persons within the municipality to remove observed obstructions and prohibited uses within the ROW. They shall follow through to ensure prompt compliance with the conditions stated in the issued notices.
“the concerned personnel of this Local Government Unit shall take appropriate measures to remove all obstructions and prohibited uses and charge the corresponding costs that would be incurred and will also resort to proper sanctions provided for by existing laws and rules of the government on any person or group of persons who fails to remove any obstruction and prohibited uses 33
within the road right-of-way after due notices have been served to them” Article D. Curfew Ordinance Section 4D.01. Curfew Hours. The period of time from 9:00 in the evening to 4:00 in the morning of the following day is hereby declared as “Curfew Hour” for minors. Section 4D.02. Regulated Acts. No person below eighteen (18) years of age shall stay outside of his residential compound or premises and roam, wander, saunter around or loiter in any public roads, parks, plazas, or any public place in this municipality during the period of curfew hours mentioned in the preceding section, unless exempted under the provisions of this Article. Section 4D.03. Definitions. As used in this Article, the term;
“Curfew Hour” – refers to the period of time between nine o’clock in the evening (9:00 p.m.) and four o’clock in the morning (4:00 a.m.) when certain individuals who are below eighteen (18) years of age are not allowed to stay outside of their residential compound or premises. ”Minors” – for purposes of this Article, the term “minors” refer to persons who are below eighteen (18) years of age. “Public Roads” – refer to national, provincial, municipal or barangay road or street, including alleys or callejons. “Public Place” – refers to any place to which the public has access including parking lots, vacant private property not owned by the minors parents or guardians; vacant property owned by the government; and such other places open to the public. Section 4D.04. Exemptions. This Article shall not apply in the following circumstances:
a. When accompanied by his parent, guardian or adult person in charge of his custody. b. When the minor is going to, or coming from, scholastic functions like attending evening classes, commencement exercises, convocations, educational programs and similar school activities. c. When the minor is on an errand in emergency cases such as buying medicines, accompany sick persons for treatment, calling for the services of a physician, midwife, priest, police officers, fireman and other similar circumstances. d. When the minor is going to, or coming from, any religious, social, civic or sports programs and similar activities. e. During the duration of the town fiesta festivities and fiesta of the barangay where the minor resides. f. When the minor has a “curfew pass” issued by the authorities concerned. g. On such other dates or occasions when the Sangguniang Bayan decided, thru a resolution, to suspend the implementation of this Article. 34
Section 4D.05. Rules and Regulations.
1)
Whenever a minor is apprehended for alleged violation of this Article, he shall be placed under temporary protective custody of the police officer on duty at the Police Station of Camalaniugan but only for the remaining period of curfew hours and shall be released immediately thereafter or sooner thereof upon request of their parents, guardian, or any immediate members of their family. He shall not be placed behind bar or imprisoned unlike a convicted felon. 2) No person, natural or juridical, who has been granted a Mayor’s Permit to operate a business or trade activity shall admit, or allow to stay , in his establishment any minor during the period of curfew except when the minor is employed as helper or working therein, or a member of the family of the operator, manager or person in-charge of such establishment. 3) The Mayor or his authorized representative; the Chief of the Camalaniugan PNP Station or his authorized representative; and the Punong Barangay concerned are hereby authorized to issue the necessary “curfew pass”. Provided, that in the case of the Punong Barangay, the “curfew pass” he issued shall be valid only within his barangay. Section 4D.06. Penalty. This Article being intended only for “minors”, carries no penalty clause. However, “minors” who are caught violating the “curfew hour” shall be apprehended and brought to the police station not for purposes of detention but only for protective custody until four o’clock in the morning (4:00 a.m.)
No fine or penalty of whatever kind shall be imposed against the apprehended minors. Article E. Regulation Of Noise Nuisance Section 4E.01. Regulated Acts. All nightspots in the municipality such as discohouses, beerhouses, nightclubs, folkhouses, pubhouses, videoke bars, and other similar undertakings including vehicles with sound systems or videokes shall tone down the volume of music, sound or noise emanating from such operation/activity during the hours starting at 10:00 in the evening to 6:00 in the morning to a tolerable level wherein neighboring residents shall be accorded due peace and tranquility at those hours. Section 4E.02- Definition of Term “Tolerable level” , as used in this ordinance shall mean that the sound is set at half volume or is controlled, such that it could only be heard by the persons present inside the establishment, vehicle or among the group or participants in a public or private dance or meeting and other similar undertakings and will not cause disturbance to the peace and tranquility of the neighboring residents.
35
Section 4E.03. Penalty. Any person or group of persons found violating the provisions of this Article shall upon conviction be punished as follows:
a)
First Offense - a fine of Two Hundred Fifty Pesos (P250.00) or imprisonment of one (1) day at the discretion of the Court. b) Second Offense -a fine of Five Hundred Pesos (P500.00) or imprisonment of two (2) days at the discretion of the Court. c) Third Offense- a fine of One Thousand Pesos (P1000.00) or imprisonment of four (4) days, or both fine and imprisonment, at the discretion of the Court. For business establishments, in addition to the fines or imprisonment herein imposed, a third offense shall cause the cancellation of the business permit. Article F. Regulation From Entering The Camalaniugan Public Market During Night Time
Except for lessees or any person Section 4F.01. Regulated Acts. duly authorized by the lessees of the 22-door 2-storey public market building, any person or group of persons shall be strictly prohibited from staying and entering the premises of the Camalaniugan Public Market from ten o’clock in the evening (10:00p.m.) to four o’clock in the morning (4:00a.m.) of the following day. Section 4F.02. Definition of term for purposes of this ordinance – “Premises” - all grounds, buildings and structures of the Camalaniugan Public Market Section 4F.03. Penalty. Any person or group violating this Article shall be penalized as follows:
of persons
found
a)
First Offense - Five Hundred Pesos (P500.00) or imprisonment of two (2) days at the discretion of the Court. b) Second Offense – One Thousand Pesos (P1,000.00) or imprisonment of four (4) days at the discretion of the Court. c) Third and Succeeding Offenses - Two Thousand Five Hundred Pesos (P2,500.00) or imprisonment of six (6) months, or both fine and imprisonment, at the discretion of the Court.
Article G. Regulation On The Sale And Serving Of Liquor Section 4G.01. Regulated Acts
a. The sale and serving of liquor and other intoxicating beverages by sari-sari stores and other business establishments except for videoke bars and disco houses shall be strictly prohibited from ten 36
o’clock in the evening (10:00p.m.) to five o’clock in the morning (5:00a.m.) of the following day within the territorial jurisdiction of the municipality. b. Within the period from ten o’clock in the evening (10:00p.m.) to five o’clock in the morning (5:00 a.m.) of the following day, the sale of liquor and intoxicating beverages may be allowed, provided that the buyer should not be allowed to drink same inside or within the premises of the store and other business establishments. Section 4G.02. Definition of Terms. For purposes of this Article, the following terms shall be understood to mean: “Liquor” - an gin, rum or whisky.
alcoholic drink especially one made by distillation, as
“Intoxicating Beverages” - an alcoholic liquor a loss of control and make an individual drunk.
or liquid
that causes
Section 4G.03. Penalty. Any person or group of persons found violating the provisions of this Article shall upon conviction be punished as follows:
a) First Offense - a fine of Five Hundred Pesos (P500.00) or imprisonment of two (2) days at the discretion of the Court. b) Second Offense - a fine of One Thousand Pesos (P1,000.00) or imprisonment of four (4) days at the discretion of the Court. c) Third Offense - a fine of Two Thousand Five Hundred Pesos (P2,500.00) or imprisonment six (6) months, or both fine and imprisonment, at the discretion of the Court. Article H. Provision Of Danger Signs To Job Sites Section 4H.01. Regulated Acts. It shall be the responsibility of the contractors or owners to provide danger signs or warnings and safety devices at jobsites where they conduct constructions/repairs/diggings within Camalaniugan, Cagayan.
However, in the absence of a contract, the responsibility shall rest upon the owner/s. a. Danger signs or warnings shall be placed infront, observing a distance of two (2) meters or a distance reasonable enough on both sides of the jobsite/s while safety devices shall be installed inbetween the danger signs or warning throughout the duration of the work; b) No work shall be allowed to start without first putting up danger signs like “Danger, construction/repair/digging going ahead or the like” to warn vehicles and pedestrians passing by; c) The LGU Engineering Office shall see to it that the putting up of danger signs or warnings and safety devices shall be strictly complied with. 37
purposes of this Article, the Section Section 4H.02. 4H.02. Definition of Terms. Terms . For purposes following words shall be defined as follows: a. ‘Contractor” – one who agrees agrees to perform perform services services at a specifi specified ed price, especially for construction. b. “Contract” – a written agreement between two or more parties or between the owner of project and the contractor who undertakes the project. Section 4H. 03. Penalty . Any contractor or owner found violating this Article shall be fined Two Thousand Thousand Five Hundred Pesos (P2,500.00) (P2,500.00) plus suspension suspension of work until such time that Section 4H.01 a & b shall have been complied with.
Article I. Regulation For The Protection, Maintenance And Use Of Irrigation Facilities Section 4I.01. Regulated Acts. For the protection, maintenance and use of Irrigation facilities, the following acts, omissions and/or practices are prohibited and punishable under this Article:
a. Diversio Diversion n of Irrigation Irrigation water water making open open cuts, install installatio ation n of plastic or concrete pipes and other similar materials across canal embankments and servi service ce roads roads witho without ut writt written en auth authori oriza zatio tion n from from the Natio Nationa nall Irrigation administration NIA-MPIS, Camalaniugan, Cagayan. b. Instal Installat latio ion n of earth earth embankm embankment ents, s, wood wood board boards, s, trees trees or banana banana trunks or any similar materials to check normal flow of water across irrigation and drainage canals other than those authorized by NIAMPIS, Camalaniugan, Cagayan. c. Inst Instal alla lati tion on of bamb bamboo oo fish fish trap traps s or fish fish nets nets acro across ss irri irriga gati tion on and and drainage channels which obstruct the flow of irrigation and drainage water; d. Unautho Unauthorize rized d manipula manipulation tion,, openin opening g and/or and/or closure closure of headgate headgates s and turn turn-o -out ut gate gates s to dive divert rt flow flow of wate waterr or for for purp purpos oses es of fish fishin ing, g, wallowing of carabaos and/or feeding and watering of ducks and other domesticated animals; e. Dumpin Dumping g of garba garbage, ge, insecti insectici cides des,, used used oil oil and and chem chemica icals, ls, banana banana trunks trunks,, rice rice straw straws, s, dead dead anima animals, ls, broke broken n glass glasses es,, metal metal objec objects, ts, bamboos and tree trunks and branches which affect service roads and sanitation and flow of irrigation and drainage canals; f. Inst Instal alla lati tion on of water ater pumps umps with with the the pur purpose pose to draw raw wate waterr from from irrigation and drainage channels without written permissions from NIAMPIS, Camalaniugan, Cagayan; g. Grazing Grazing or wallowin wallowing g or stationing stationing of carabao carabaos, s, cows, and and hogs within within irrigati irrigation on canals canals which which contrib contribute ute to rapid rapid deterior deterioratio ation n of irrigatio irrigation n facilities; 38
h. Impr Improp oper er park parkin ing g or stat statio ioni ning ng of farm farm trai traile lers rs and othe otherr farm farm equipm equipmen ents ts withi within n the the baran baranga gay y and cana canall servic service e road roads s which which obstruct the flow of traffic; i. Pass Passag age e of priv privat atel ely y owne wned heav heavy y truc trucks ks and and equi equipm pmen entt withi ithin n irri irriga gati tion on serv servic ice e road roads s whic which h are are inte intend nded ed only only for for ligh lightt farm farm equipment and vehicles; j. Construction Construction of earthen, earthen, wooden wooden or concrete wires across irrigation and drainage canals without written permission from the superintendent, NIA-MPIS, Camalaniugan, Cagayan and/or Irrigators Association Association concerned; concerned; k. Deliber Deliberatel ately y remodeling remodeling or busting busting of concrete concrete transitio transition n drainage drainage pipe culverts and irrigation facilities and control structures; l. Unaut Unautho horiz rized ed or delib delibera erate tely ly closin closing g and and openin opening g at the outlet outlet gates gates which obstruct the flow of drainage water or cause the inflow of salt water to rice farms; m. Dism Disman antl tlin ing g of part parts s or dest destru ruct ctio ion n and/ and/or or thef theftt of the the cont contro roll mechanism of steel steel headgates headgates of main canals canals and laterals, laterals, drainage outlet gates, turn-out gates, check-gates, and other similar structures; n. Removal Removal of existing existing irrigati irrigation on farm ditches, ditches, draina drainage ge farm ditches ditches and other farm level facilities; o. Constru Constructio ction n or installatio installation n of farm sheds, farm farm or residen residential tial houses houses within within right-of right-of-wa -way y or along/ac along/across ross canal canal embankme embankments nts and within within spoil banks of drainage channels. Section 4I.02. Administrative 4I.02. Administrative Provision.
person or group group of persons persons found guilty guilty ‘Reparation of Damages” – Any person of any of the illegal acts mentioned in the preceding section shall, aside from the penalties impose herein, likewise undertake and bear the cost of restoration works on damages that may be incurred on irrigation facilities and structures. “Incentives and Accrual of Collected Fines” - Any person or group of perso persons ns who who are instr instrume umenta ntall in the appre apprehe hens nsion ion and and prose prosecu cutio tion n of any any violator shall receive an incentive pay of 40 percent of the fines imposed, the remaining 60 percent shall accrue entirely to the general fund of the Municipal Government of Camalaniugan, Cagayan.
The PNP, PNP, the the Bara Barang ngay ay and and Muni Munici cipa pall Offi Offici cial als, s, “Implementation” - The Farmers Farmers Associa Association tion Officials Officials and members members and other other law enforce enforcers rs of this municipality are hereby deputized to carry out and implement the provision of this Article. Section 4I.03. Penalty . Violation of any of the provisions of Section 4I.01 of this Article shall subject the offending person or group of persons to a fine of not less than One Thousand Pesos (P1,000.00) nor more than Two Thousand Five Hundred Pesos (P2,500.00) or imprisonment of not less than twenty (20) days nor more than six (6) months, months, or both both fine and imprison imprisonment ment,, at the the discretion of the Court. Article J. Construction Of Palay/Grain Drying Facilities
palay/grains traders engaged in the Section 4J.01. Regulated Acts. All palay/grains business within the Municipality of Camalaniugan are required to construct their 39
own palay/grains drying facilities in their respective place of business, which is adequately suited to accommodate the volume of palay/grains they procured. An ocular inspection inspection shall be conducted conducted by the Municipal Municipal Planning Planning and Develo Developm pmen entt Coord Coordina inator tor and Munic Municip ipal al Engi Enginee neerr or their their duly duly autho authori rized zed represe representat ntatives ives to ensure ensure complian compliance ce hereof, hereof, before before a municip municipal al license license is issued to the trader. Article K. Stockpiling Of Construction Materials For Private Use Along National, Provincial, Municipal And Barangay Roads Section 4K.01. Prohibited Acts.
a) It is unlaw unlawful ful for for any any pers person, on, or perso persons ns natur natural al or juridi juridica cal, l, to stockpil stockpile e constru constructio ction n material materials, s, in any national national,, municipa municipall and barangay road within the territorial territorial jurisdiction jurisdiction of Camalaniugan, Camalaniugan, Cagayan; b) It is strictly prohibited prohibited to utilize any national, national, provincial, provincial, municipal municipal and barangay barangay road road includi including ng road shoulde shoulders rs for mixing mixing cement, cement, concret concrete e aggregates, aggregates, either electrically electrically or manually operated, operated, for use of any privately owned structure. purposes of this Article, the Section 4K.02. Definition of Terms. For purposes following terms are hereby defined, viz.: a) “Construction Materials” - gravel, sand, soil and lumber materials and the like used for the construction construction of any horizontal horizontal or vertical structure. b) “Privately Owned Structures” - refers to structures structures that are for private use such as: residential buildings, commercial buildings, etc. person found violating this Article Article shall be Section 4K.03. Penalty. Any person imposed imposed a fine fine of Two Thousa Thousand nd Five Five Hundred Hundred Pesos Pesos (P2,500 (P2,500.00) .00) or an imprison imprisonment ment of six (6) months, months, or both fine and imprison imprisonment ment,, at the discretion discretion of the Court after failure to comply with a written notice from the Municipal Engineering Office to remove the same. Article L. Possession or Carrying Of Deadly Weapons
unlawful for any person Section 4L.01. Regulated Acts. It shall be unlawful to carry carry with with him, him, either either concealed concealed or or exposed, exposed, any kind of deadly deadly weapon in any part of this municipality except within his residential home, privately-owned real estate, office or place of work. Section 4L.02. Definition. When used in this Article.
“Deadly Weapons”. Include firearms of whatever kind, knives of whatever kind, swords of whatever kind, bolos, spears, and other kinds of bladed, pointed round or blunt instruments that can cause physical injuries or death when used 40
against another person including “chako”, brass knuckles, and other similar devices. Section 4L.03. Exemption. Exempted from the provisions of this Article are the following:
1)
Military and police personnel who, under existing laws, are allowed to possess and carry firearms provided that they can produce the necessary papers or documents containing such authorization upon demand of the law enforcement officer concerned. 2) Private individuals who are granted a license to possess firearms, provided that they can show or have in their person the proper authorization to also carry firearms outside of their residence. 3) Person whose works or jobs require the use of such deadly weapons while going to and from their place of work, subject, however, to convincing proofs. Section 4L.02. Penalty. Any person or persons violating any of the provisions of this Article shall, upon conviction thereof, be punished by a fine of not more than Five Hundred Pesos (P500.00) or by an imprisonment of not more than two (2) days, or both fine and imprisonment, at the discretion of the Court. Article M. Requiring Owner/s And/Or Administrator/s Of Buildings And Other Structures To Undertake Immediate Repair/Demolition On Their Buildings Which Is In Danger Of Collapsing
Owner/s, possessor/s and Section 4M.01. Regulated Acts. administrator/s of buildings and other structures are required to make immediate repair or demolition on their buildings/ structures which are wholly or in part about to collapse upon being found and declared dangerous by the Municipal Engineering Office. Section 4M.02. Administrative Provision. The Municipal Engineer’s Office shall inform the owner/s, possessor/s, administrator/s of the repair/demolition of the said buildings/ structures in writing at least thirty (30) days before the start of the repair/demolition work.
If the owner/s, possessor/s and administrator/s of the buildings/structures shall not undertake the repair/demolition work despite the written notice of the Municipal Engineer’s Office, the owner/s, possessor/s and administrator/s of the said buildings/structures shall borne the expenses when said office shall instead undertake the actual demolition of the subject buildings/structures in accordance with existing law. The penalty of imprisonment of six (6) Section 4M.03. Penalty. months or a fine of Two Thousand Five Hundred Pesos (P2,500.00), or both fine and imprisonment at the discretion of the court shall be imposed upon owner/s, possessor/s and administrator/s of dilapidated buildings/structures when they violate the provision of this Article. Article N. Regulation On Pushcarts 41
Section 4N.01. Regulated Acts. The use of pushcarts as a vehicle for the transport of baggage(s) and merchandise item(s) within the Camalaniugan Public Market and its immediate vicinity shall be regulated as follows:
(a)
All pushcarts must be registered with the Treasurer’s Office of Camalaniugan after paying a registration fee as stipulated in a separate ordinance.
(b)
Pushcart beds must have a maximum size of eighty (80) centimeters by one hundred fifty (150) centimeters.
(c)
The pushcart owner shall secure a barangay clearance shall be presented upon registration of the pushcart.
(d)
Pushcarts are not allowed to enter/operate within the Camalaniugan Public Market from 9:30AM to 10:30AM during market days (Thursdays and Sundays).
(e)
In a designated unloading area, all pushcart operators must observe the “First Come First Served” or “Rotation” basis in the loading of baggages or merchandise items.
which
Section 4N.02. Penalty. Any person found violating this Article shall be penalized as follows:
a) First Offense – a fine of Fifty Pesos (P50.00) or impounding of the involved pushcart which shall be returned to the owner/operator upon payment of the fine. b) Second Offense - a fine of One Hundred Pesos (P100.00) or impounding of the involved pushcart which shall be returned to the owner/operator upon payment of the fine. c) Third and Succeeding Offenses – Impounding of the pushcart involved for a minimum of one (1) week which shall be returned to the owner after paying a fine of One Hundred Pesos (P100.00) Article O. Code Of Public Safety To Be Observed During Local Celebrations Section 4O.01. Administrative Provision. The responsibility of public safety shall be shouldered by the Municipal Mayor, the PNP Station Commander and the Chairman and Officers of the Festival Organizers.
The Municipal Mayor shall require the Festival Organizers to submit a detailed plan of the local celebration, before issuing the required permit and shall coordinate the activities of all sectors involved in the planning, preparation and conduct of the local celebrations. The PNP Station Commander shall maintain peace and order in the locality, provide protection and ensure safety of all persons from criminal elements, monitor movements of people and deploy police officers where 42
festivities are being held, oversee smooth flow of traffic of people and vehicles and provide other emergency safety measures to cope with any eventuality during local celebrations. The prescribed policies and guidelines that shall be observed before the start of any local celebrations are: a. Crime Prevention – The PNP Station Commander shall assign police personnel for police transparency and to be on the look out for criminal elements such as pickpockets, drug pushers/users, gangs, etc. This will avoid also field personnel for marshals to avoid incidence of panic and stampede during shows and exhibitions. b. Medical and First aid Teams – The Department of Health/Municipal Health Officer shall establish medical station in designated places, organize first aid teams/personnel knowledgeable on the application of Cardio-Pulmonary Resuscitation (CPR) and similar techniques including the application of first aid to take care of fractures, wounds, etc. and assign medical vehicles to transport accident victims from accident site to designated medical stations, health clinics, centers or nearest hospitals as the case maybe. c. Hygiene and Sanitation - The Municipal Health Officer shall field and supervise/makeshift temporary eating places, e.g., carinderias, turoturo catering to people; provide latrines/portable restrooms including garbage and trash receptacles on strategic places in the locality; clean and clear clogged drainage and sewers to prevent the breeding places of rodents and harmful insects such as mosquitoes, cockroaches, etc. d. Fire Safety and Readiness To Respond Emergencies – The Bureau of Fire Protection shall assign fire trucks and other fire fighting equipments and personnel to be on “red alert” status during celebrations. e. Electrical Installation and Other Makeshift Connections For lighting for floats, and Sound System – All installations/electrical wiring platforms, towers, stages street lights and sound system shall be supervised by a licensed electrician to ensure that no incidents of electric shocks of fire will occur. Combustible decorative materials, balloon, etc. should not be used near electric lights and lighted candles. f. Review of Design of Floats, Platforms, Towers, Stages, Pagodas, Etc. - The Municipal Engineer shall be authorized to review the design of floats, platforms, towers, stages, pagodas, etc. in order to ensure the structural soundness and safety and also enforces the maximum load capacities of these structures to avoid accidents. g. Road and River Safety – It shall be the responsibility of the municipal government to cover/repair patholes, diggings and other excavations one month before the actual festivities , clear sidewalks of obstructions; designate specific areas and ambulant vendors install appropriate traffic signs and enforcement of traffic ordinance; supervise the proper placement of streamers, buntings and other materials installed on alleys and roadways; checking of worthiness of bancas and other water transport crafts; clearing of obstructions in rivers like garbage, water lilies and other flotsam and debris; monitors load capacity of watercraft vehicles/vessels and the use of 43
stool barges towed by tugboats in fluvial parades to ensure safety of passengers. Guards shall be designated to cover untoward incidents. h. Handling of Firecrackers - Places shall be designated firecracker areas where pyrotechnics materials will be installed and released during celebrations. It shall be the responsibility of the LGU to regulate the use of firecrackers, handling by duly authorized persons and the prohibition of persons handling the same to board bancas/boats participating in fluvial parades. Any Festival Organizer, Organization, Committee, Sponsor or any person shall first secure a Municipal Mayor’s Permit before starting any activity involving local celebrations and shall submit to said office a detailed plan for the celebration. Section 4O.02. Definition Of Terms
a. b.
c.
d. e.
f.
“Public Safety” – shall mean the protection and preservations of lives and property. “Local Celebrations” – shall mean festivals, fiestas, fairs, carnivals, processions and similar assemblies. This includes athletic tournaments, jamborees of any kind, public rallies, coronation rites and other programs intended for any purpose and of inviting participants “Firecrackers” – fireworks, contrivance or apparatus that produce spectacular effect like sound by use of gun powder or other combustible materials “Pyrotechnics” – means fireworks, brilliant and sensational in nature attracting attention. “Structures” – as herein used shall mean floats, platforms, tower, stages, pagodas, bridges, and other buildings used for the purpose of accommodating people. “Festival organizers” – shall mean the committee, organization, and others who as individual or group conducts the affairs and shall prepare the detailed action plan for the celebration.
Section 4O.03. Penalty . Any person found violating this Article shall be penalized with a fine of Five Hundred Pesos (P500.00) or imprisonment of ten (10) days, or both fine and imprisonment, at the discretion of the Court. Article P. Provision Of Fine Nets To All Trucks Vehicle Carrying Stones, Gravel, Sand And The Like Section 4P.01. Regulated Acts. All vehicles carrying stones, gravel, sand and the like passing within the jurisdiction of Camalaniugan, are required to provide fine nets for their cargoes. Section 4P.02. Penalty. Any person found violating this Article shall be penalized as follows:
a) First Offense – Warning b) Second Offense – fine of Five Hundred Pesos (P500.00) or imprisonment of two (2) days at the discretion of the Court. 44
c) Third Offense – fine of Two Thousand Five Hundred Pesos (P2,500.00) or imprisonment of six (6) months, or both fine and imprisonment, at the discretion of the Court Article Q. Squatting On Public Or Private Land Section 4Q.01. Regulated Acts. No individual/family/group of persons are allowed to occupy/establish/construct/put up a dwelling/establishment or till/cultivate the soil/lot on any parcel of land owned by the government or any duly titled private lot within this Municipality. Section 4Q.02. Administrative Provision. Any person/family/group of persons intending to till, squat or for any other purposes on any parcel of land within the Municipality should secure a permit from the Office of the Mayor/ Assessor’s Office in case of government lots or the duly registered owner of the land in case of private owned lots.
Any person/family/group of persons who are presently occupying a parcel of government owned lot shall be ejected and be held responsible for the demolition of the illegally constructed structure and the cost of the move out process. Section 4Q.03. Penalty. Any person found violating or who induces the violation of this Article shall pay a fine of Two Thousand Five Hundred Pesos (P2,500.00) or imprisonment of six (6) months, or both fine and imprisonment, at the discretion of the Court. Article R. Provision Of Fire Extinguisher In Business Establishments Section 4R.01. Regulated Acts. All business establishments are required to procure a fire extinguisher to be displayed at their place of business for ready use in case of fire. Section 4R.02. Administrative Provision. This Article shall apply to all owners of business establishments private or public within the municipality of Camalaniugan established before and after the effectivity of this Article. Section 4R.03. Penalty. Any person found guilty of violating this Article shall pay a fine of Two Thousand Five Hundred Pesos (P2,500.00) or an imprisonment of six (6) months, or both fine and imprisonment, at the discretion of the Court. Article S. Construction Of Structures Blocking Road Right Of Way And Public Waterways Section 4S.01. Regulated Acts. It shall be unlawful for any person or group of persons to construct any structure, multi-purpose pavement and the like along National, Provincial, Municipal, and Barangay roads right-of-way without the proper clearance from the Barangay Captain and the Municipal Mayor.
45
Section 4S.02. Administrative Provision. The Municipal Engineer of Camalaniugan, Cagayan shall determine if the proposed construction will not affect the road right-of-way and the free flow of water along drainage canals will not be obstructed before recommending the issuance of the clearance for its construction. Excavation or cultivating of road shoulders is strictly prohibited.
The Municipal Mayor of Camalaniugan is authorized to issue a clearance for the construction of structures along road rights-of-way upon favorable recommendation of the Municipal Engineer in coordination with the Chairman of the SB Committee on Infrastructure. Section 4S.03. Penalty. Any person found violating this Article shall pay a fine of Two Thousand Five Hundred Pesos (P2,500.00) or an imprisonment of six (6) months, or both fine and imprisonment, at the discretion of the Court. Article T. Regulation Of Speed Limits Section 4T.01. Regulated Acts. The speed limit of all vehicles passing through school zones, public market and all places where pedestrians cross shall be limited to Twenty (20) kph. Section 4T.02. Penalty. Any person who violates this Article or any official who induces or knowingly allows the violation of this Article shall pay a fine of Five Hundred Pesos (P500.00) or imprisonment of two (2) days, or both fine and imprisonment, at the discretion of the Court. Article U. Installation Of Early Warning Devices To All Kinds Of Motorized Vehicles When Parking Along Roads Section 4U.01. Regulated Acts. All drivers and/or operators of all kinds of motorized vehicles are required to install early warning devices when parking along public roads. Section 4U.02. Penalty. Any person found violating this Article be penalized as follows:
shall
a) First Offense - fine of One Hundred Pesos (P100.00) b) Second Offense - fine of Two Hundred Fifty Pesos (P250.00) or imprisonment of one (1) day at the discretion of the Court. c) Third Offense - fine of One Thousand Pesos (P1,000.00) or imprisonment of four (4) days at the discretion of the court. Article V. Prohibition Of Social Gatherings, Holding Of Benefit Dances, Barangay Fiesta, Rally’s Of Whatsoever Kind And Nature, Holding Basketball Tournament, and Gambling Within The Premises Of The Public Market Section 4V.01 Prohibited Acts. This Article shall strictly prohibit the holding of social gatherings, benefit dances, barrio fiesta, rally’s of whatsoever kind and nature, holding basketball tournament and gambling within the premises of the Camalaniugan Public Market. 46
Section 4V.02. Penalty. A fine of One Thousand Pesos (P1,000.00) or imprisonment of four (4) days, or both fine and imprisonment, at the discretion of the Court shall be imposed on the organizer for any violation of this Article. Article W. Prohibition On Overtaking Of Vehicles Section 4W.01. Prohibited Acts. It is hereby prohibited for any driver of a vehicle to overtake each other starting at the S. Arellano Street in Barangay Dugo to the Bulala-Ziminila Provincial Road and vice-versa. Section 4W.02. Penalty. Any person found violating this Article shall be penalized as follows:
a) First Offense – fine of Five Hundred Pesos (P500.00) or imprisonment of two (2) days, at the discretion of the Court. b) Second Offense – fine of One Thousand Pesos (P1,000.00) or imprisonment of four (4) days, at the discretion of the Court. c) Third Offense – fine of Two Thousand Five Hundred Pesos (P2,500.00) or imprisonment of six (6) months, or both fine and imprisonment, at the discretion of the Court. Article X. Prohibition To Create Alarms And Scandals Section 4X.01. Prohibited Acts. It is hereby prohibited for any person or group of persons to make or create alarms and scandals such as disturbing peaceful gatherings, meetings, dancing halls, public markets, cockpits, churches, novenaries, stores, etc. in any public or private place within the Municipality of Camalaniugan. Section 4X.02. Penalty. Any person or group persons found violating this Article shall be subject to a fine of Five Hundred Pesos (P500.00) or imprisonment of two (2) days, or both fine and imprisonment, at the discretion of the Court. Article Y. Prohibition Of Drag Racing Section 4Y.01. Prohibited Acts. It shall be prohibited for any person to participate in any manner in a motorized racing, speed competition or contest, drag race or acceleration contest, test of physical endurance or exhibition of speed or acceleration or for the purpose of making a speed record on all roads within the territorial jurisdiction of Camalaniugan, Cagayan. Section 4Y.02 Definition of Terms. The following terms used in this ordinance are defined as follows: Drag Racing means either:
47
a)
The operation of two or more motorized vehicles from a point side by side at accelerating speeds in a competitive attempt to out distance each other.
b) The operation of one or more motorized vehicles over a common selected course and from the same point for the purpose of comparing the relative speeds or power of acceleration of the vehicle or vehicles within a certain distance or time limit. Road means a thoroughfare which includes feeder road, service road, barangay road, provincial road and national road. Section 4Y.03. Penalty. Any violation thereof, particularly Section 4 of this Article, at the discretion of the proper Court, shall be penalized as follows:
1st Offense ----------------------a fine of One Thousand Pesos (P1,000.00) and four (4) days imprisonment nd 2 Offense-------------------- a fine of Two Thousand Pesos (P2,000.00) and eight (8) days imprisonment rd 3 Offense--------------------- one (1) month imprisonment Minor offenders shall be penalized according to the provisions of RA 9344 otherwise known as “Juvenile Justice and Welfare Act of 2006” and other pertinent laws.
CHAPTER 5 REGULATION OF BUSINESS OR TRADE ACTIVITIES
Article A. Governing The Duties And Responsibilities Of Refillers, Haulers, Dealers, And/Or Retailers Of Liquefied Petroleum Gas (LPG) And Manufacture And Or Repair Of LPG Cylinders Section 5A.01. Scope and Coverage. This Article defines measures and mechanisms by which the issues and concerns relating to the LPG Industry will be specifically responded to for the protection of the stakeholders in this Industry, in general, and of the consuming public, in particular. This Article shall cover all refilling plants, refillers, haulers, dealers, and retailers of Liquefied Petroleum Gas (LPG) in this municipality. Section 5A.02. Definition of Terms. As used in this Article, and as provided for under the Implementing Rules and Regulations of Republic Act No. 8479 otherwise known as the Downstream Oil Industry Deregulation Act of 1998, the following terms shall mean:
(a)
“Adulteration” occurs when a refiller, dealer, or retailer outlet mixes LPG with another finished or unfinished petroleum product or stock or with any non-petroleum substance or material that will result in product quality change or in the failure of the LPG to meet the required product specifications of the DOE; 48
(b)
shall refer to the Bureau of Product Standards “BPS” of the Department of Trade and Industry;
(c)
“Brand Owner” shall refer to person, natural or juridical, owning the brand name, logo, color, mark and/or any distinction as registered with the Intellectual Property Office (IPO);
(d)
“Consumer” shall refer to any person or entity who purchases LPG from a dealer or distributor, either in cylinders, through a pipeline system, or though other means of distribution for his or its own consumption;
(e)
“Cross Filling” shall refer to the filling of cylinders by a person other than the brand owner or his duly authorized refiller;
(f)
“Cylinder” or” LPG Cylinder” shall refer to any portable pressurevessel or container for LPG, designed for the transportation, storage or consumption of LPG, manufactured in conformance with existing Philippine National Standards;
(g)
“Cylinder Refilling Plant” or “Refilling Plant” shall refer to any installation that is used for refilling LPG into cylinders and has LPG bulk storage and refilling facilities therefor;
(h)
“Dealer” shall refer to any person or entity engaged in the sale or trading of LPG in cylinders to consumers or retail outlets;
(i)
“Defective cylinder” shall refer to uncertified damaged, unsafe or dilapidated cylinders due to corrosion or pitting, dents, cuts, gouges, digs, bulges, leaks, and other similar defects that render the cylinder unsafe for distribution in accordance with the guidelines set by the DTI, thus creating a substantial risk or injury to the public. As used herein, “Uncertified cylinders” shall refer to cylinders that do not comply with existing Philippine National Standards (PNS);
(j)
“DOE” shall refer to the Department of Energy, created under Republic Act No. 7638, as amended;
(k)
“DOST” shall refer to the Department of Science and Technology, created under Executive Order No. 128;
(l)
“DTI” shall refer to the Department of Trade and Industry, recognized under Executive Order No. 292;
(m)
“Hauler” shall refer to any person or entity involved in the distribution and delivery of LPG in bulk or in cylinders from one place to another;
(n)
“Illegal refilling” refers to the:
49
(1)
Refilling of LPG cylinders by a person or entity other than the brand owner unless specific permission is granted by the brand owner for such refilling, as evidenced by a written contract or similar instrument;
(2)
Refilling of a cylinder with LPG of a brand, trademark, trade name, or registered business name, other than that of the LPG brand owner indicated on the cylinder, otherwise called “pirate filling” or “cross-filling”;
(3)
Refilling of an LPG cylinder without embossed markings or other indication of the brand or trade name thereof, or bearing defaced, tampered or illegible markings contrary to the mandatory labeling and stamping requirements under the Ordinance; or
(4)
Refilling of an LPG which is due for repair, requalification or scrappage as provided in this Ordinance, or is subject to the recall or prohibition order of the DTI or DOE.
(o)
“LPG” shall refer to Liquefied Petroleum Gas, which consists of commercial propane gas or commercial butane gas or a mixture of two gases, with properties conforming to the standards set forth in the Philippine National Standards, distributed to consumers either in LPG cylinders through a pipeline system, bulk storage tanks, or other means of distribution;
(p)
“Philippine National Standards” or “ PNS ” shall refer to the standard promulgated by the BPS relating to product specifications, test methods, terminologies and standardization procedures, guidelines or practices;
(q)
“Refiller” shall refer to any person or entity who is either a service provider authorized by a brand owner or cylinder owner to refill cylinders on the latter’s behalf, or any person or entity who refills LPG into his own cylinders;
(r)
“Retail Outlet” shall refer to any person or entity who sells LPG in cylinders directly to a consumer in quantities as may be determined by the DOE;
(s)
“Seal” shall refer to the protective cover placed in the gas outlet of an LPG cylinder of the type that must be broken or destroyed before the LPG can flow out of the cylinder;
(t)
“Tare weight” shall refer to the net weight of the LPG cylinder excluding its contents, as engraved in the collar and painted in the body thereof, and which shall be expressed in kilograms, in accordance with the specifications as may be prescribed by the DTI;
(u)
“Underfilling” occurs when refiner, importer, refiller, pipeline operator, dealer or retail outlet who sells, transfers, delivers or fills LPG the net quantity of which is actually below authorized limits 50
than the quantity indicated or registered on the metering device of the cylinder. A broken, tampered, absent or removed seal shall give rise to a presumption that the cylinder is under filled. A cylinder containing less than the required LPG quantity, which is not so identified and set apart or taken out from the sales area by dealers or retail outlets, is presumed to be for sale and/or distribution to consumers. (v) “Certificate of Compliance” (COC) refers to the certificate to be issued by the Department of Energy (DOE) to all refiners, refillers, marketers, dealers or outlets prior to the issuance of business permits by the local government units. (w) “BPS Accreditation” – refers to the certificate that the person or entity is duly accredited by the Bureau of Product Standards in compliance to the Philippine National Standards to manufacturer brand new LPG cylinders and or conduct repair and requalification of used cylinders. Section 5A.03. Requirement for Proper LPG Cylinder Labels and Prohibition Against Selling LPG Without the Required Labels.
(a) To ensure the safety and quality of the LPG sold to the public, the cylinder containing the LPG should bear the following information, set forth in the Philippine National Standards: 1. 2.
Name of the registered brand owner and cylinder manufacturer The cylinder manufacturer’s registered trade name or brand name trademark, and business name; 3. Net weight; 4. Tare weight; 5. Sealed valve opening- all LPG cylinders must be provided with a seal after every filling. A LPG cylinder with a broken seal or without a seal shall not be sold nor distributed. The seal, which should comply with the specifications set by the DTI, must be of the type that cannot be destroyed or broken before the product can flow out of the cylinder; 6. Address/contact information of the registered brand owner; 7. Distinguished color; 8. Distinctive seal number; 9. Global Check Mark for new and locally manufactured cylinders, or Product Standards (PS) Quality Mark for existing older cylinders; 10. For imported cylinders, name and address of the importer in the Philippines, which shall include the Import Commodity Clearance (ICC); 11. Standards used; 12. Date tested; 13. Thickness of the steel; 14. Water capacity; 15. Design and test pressures; and 16. Country of manufacture. (b) The sale and/or distribution of LPG cylinders without the labels required under this Section are hereby prohibited. 51
(c) LPG cylinders that do not bear the labels required under this Ordinance and which are not removed, set apart, or taken out from display, or normally accessible to consumers shall mean that the product is meant for sale and/or distribution to consumers. Section 5A.04. Prohibition Against Selling LPG With Tampered/Defaced Cylinder Labels. (a) No brand owner, refiller, dealer, and/or retailer, shall sell or distribute LPG cylinders with tampered/ defaced labels. (b) LPG cylinders that do not bear the labels required under this Article which are not removed, set apart, or taken out from display, or normally accessible to consumers shall mean that the product is meant for sale and/or distribution to consumers. Section 5A.05. Prohibition Against Selling Underfilled LPG Cylinders. (a) The allowable content of an LPG cylinder should not exceed three-tenths (0.3) of one (1) kilogram less than the indicated net weight. A shortage of more than three-tenths (0.3) of one kilogram per cylinder shall constitute an act of underfilling. (b) The possession of underfilled LPG cylinders not so properly identified, or taken out from the sales area accessible to the consumer, shall give rise to the presumption that the same is for sale and/or distribution to consumers. Section 5A.06. Prohibition Against Adulterated LPG. No brand owner, refiller, dealer, and/or retailer, shall sell or distribute LPG mixed with another finished or unfinished petroleum product or stock or with any non-petroleum substance or material that will result in product quality change or in the failure of the LPG to meet the required product specification of the DOE. Section 5A.07. Transporting LPG Cylinders. (a) No brand owner, refiller, dealer, and/or retailer, shall transport and/or deliver LPG cylinders in a vehicle with enclosed cargo space; (b) Vehicles used in transporting LPG cylinders shall have substantially flat floors and equipped with suitable racks for holding the cylinders, which shall be securely fastened in a position that shall minimize the possibility of movement and tipping over, which might cause danger to life and property. Section 5A.08. Weighing Devices. (a) Calibrated and Sealed Weighing devices Required in Premises. – All refillers, haulers, dealers, and retail outlets shall maintain at all times, in all their establishments, or outlets and within the sales area accessible to the public, suitable weighing devices duly calibrated and sealed annually by the Municipal Treasurer, the DOST, or any other government agency authorized therefore, and which shall accurately measure LPG cylinders up to one tenth (0.1) of one kilogram. (b) Checking of LPG Cylinder Content by Refillers, Haulers Dealers, and Retail Outlets. -All refillers, haulers, dealers, and retail outlets that sell directly to consumers shall weigh the LPG cylinders prior to being placed in the sales area and also in the presence of the consumer prior to sale, to afford the latter an opportunity to verify the correctness of the weigh of the cylinders and the LPG contents thereof. Section 5A.09 Price Display Board. (a) For the convenience of the public, all refillers, haulers, dealers and retail outlets that sell LPG directly to consumers shall display the prices of each type of LPG product sold. In addition, the price display board shall contain the following information: (1) Name of the 52
owner/proprietor of the establishment; (2) Name of the company/manufacturer of the LPG offered for sale (3) Price of each type of LPG product variant (e. g. 2.7 kg., 11kg., 22 kg., 50 kg., etc.); and (4) Invitation for the public to verify the weight of each LPG product variant.
Section 5A.10 Requirement for the Provision of Safety Equipment.
(a) Pursuant to DOE Department Circular No. 98-03-004, as amended and to enable consumers to cope with LPG-related incidents, all refillers, haulers, dealers and retail outlets that sell LPG directly to consumers shall install or provide, as the case maybe, in their respective establishments, within the municipality: (1)
Fire alarms, fire extinguishers, and fire suppression devices;
(2)
Printed Materials/posters showing procedures in case of LPG-related accidents within the premises; (3) Information materials in the form of information boards, brochures, and emergency information kit to prevent LPG-related accidents. (b)
The requirements in (a) (2) and (3) of this Section shall be displayed in conspicuous place and available to the public within the premises of the refiller, hauler, dealer, and retail outlet.
(c)
That a person or an entity engaged in the manufacture and or repair of LPG cylinders should be accredited by the Bureau of the Product Standards under PNS 03: 2000 or its future amendments.
Section 5A.11. Enforcement. To effectively enforce the provisions of this Article, the Municipal Engineer and the Bureau of Fire Protection are hereby tasked to assist the Municipal LPG Task Force, which is hereby created, to monitor the implementation and compliance with the provision of this Article. The Task Force shall be composed of a chairman and two members to be appointed by the Local Chief Executive and representatives from the DOE and DTI. The Task Force and the respective Barangay Councils shall jointly monitor compliance with the provisions of this Article in their respective barangays and make necessary recommendation to appropriate offices and agencies for the effective enforcement hereof. Section 5A.12. Business Permit. Business Permit and License Office is hereby directed not to issue or renew a business license or a permit to any person without first securing the necessary Certificate of Compliance from DOE in case of Refiners, Refillers, dealers or outlets and BPS Accreditation in case of LPG cylinder manufacturer or Cylinder Repairer issued by the Bureau of Product Standards of the Department of Trade and Industry. Section 5A.13. Penalties. Any person found to be engaged in the distribution of LPG without the necessary license from the Department of Energy shall suffer the following penalties:
a) First Offense- Impounding of LPG cylinders until license is secured; 53
b) Second Offense – fine of One Thousand Pesos (P1,000.00) and impounding of LPG cylinders until license is secured; c) Third Offense – fine of One thousand Five Hundred (P1,500.00) and impounding of LPG cylinders until license is secured; d) Fourth and subsequent offenses – fine of Two Thousand Five Hundred (P2,500.00), imprisonment of six (6) months, impounding of LPG cylinders and revocation of business permit. Section 5A.14. Penalties for Specific Violations. Violations of the provisions of Section 5A.03, 5A.04, 5A.05, 5A.06, 5A.07, 5A.08, 5A.09 and 5A.10 shall be penalized as follows:
a) First Offense – fine of One Thousand Pesos (P1,000.00) and imprisonment of four (4) days; b) Second Offense – fine of One Thousand Five Hundred Pesos (P1,500.00) and imprisonment of six (6) days; c) Third and subsequent offenses – fine of Two Thousand Five Hundred Pesos (P2,500.00) and six (6) months imprisonment and revocation of business permit. Section 5A.15. Authority to Impound. All LPG cylinders found to be the subject of the violation of this Ordinance shall be impounded in favor of the Municipal Government. In accordance with the IRR of PD 1865, impounding shall be applicable to the following cases of violation:
(a) Adulterated LPG product in bulk depots, retail outlets or in transit, (b) LPG cylinders found to be underfilled, (c) Violation of the prohibition on anti-hoarding, (d) LPG diverted from the buyers designated point, (e) LPG sold or transported by haulers without due license from the DOE, (f) LPG products without receipts, (g) LPG cylinders filled by filling plants without license from the DOE and/or filled in cylinders not owned by the filling plant or marketer who do not have the written authorization from the owner to use or fill the cylinder, (h) LPG without tare weight and/or seal. Article B. Requiring The Registration of Weighing Scales of Transient Traders Section 5B.01. Administrative Provision. This Article shall require all transient traders using weighing scales in the conduct of their business within Camalaniugan to register their weighing scales (portable or Platform Scales) at the Municipal Treasurer’s Office of this municipality. 54
Section 5B.02. Penalty.
Any transient trader caught using unregistered weighing scales in violation of Section 5B.01 of this Article shall be penalized as follows: a) First Offense -
fine of One Thousand Pesos (P1,000.00)
b) Second Offense fine of One Thousand Five Hundred Pesos (P1,500.00) and confiscation of weighing scale c) Third Offense - fine of Two Thousand Five (P2,5000.00) and cancellation of business permit
Hundred
Pesos
Any person who induces, participate and allows the violation of this Article shall be penalized as follows: a) First Offense – fine of One Thousand Pesos (P1,000.00) or imprisonment of four (4) days, or both fine and imprisonment, at the discretion of the Court. b) Second Offense – fine of One Thousand Five Hundred Pesos (P1,500.00) or imprisonment of six (6) days, or both fine and imprisonment, at the discretion of the Court. c) Third Offense - fine of Two Thousand Five Hundred Pesos (P2,500.00) or imprisonment of six (6) months, or both fine and imprisonment, at the discretion of the Court.
Article C. Prohibition on the use Of Unofficially Calibrated, Defective And Tampered Weights And Measures Section 5C.01. Prohibited Acts. This Article prohibits any person, wholesalers or retailers from using unofficially calibrated, defective or tampered weights and measures. Section 5C.02. Penalty. Any person who violates this Article or who induces or knowingly allows or participates in the violation of this Article shall be apprehended accordingly and shall be punished with a fine of:
a) First Offense - Two Hundred Fifty Pesos (P250.00) or imprisonment of one (1) day or both fine and imprisonment, at the discretion of the Court. b) Second Offense - Five Hundred Pesos (P500.00) or imprisonment of two (2) days, or both fine and imprisonment, at the discretion of the Court. c) Third Offense - Two Thousand Five Hundred Pesos (P2,500.00) or imprisonment of six (6) months, or both fine and imprisonment at the discretion of the Court and shall be subjected to perpetual disqualification from selling goods or commodities within the municipality of Camalaniugan. 55
Article D. Display of Price Tags Section 5D.01 Regulated Acts. This Article shall require all persons engaged in the business of selling in this municipality to affix price tags on all articles of commerce or trade offered or displayed for sale at retail or wholesale to the general public.
The selling price on the price tag or label should be written clearly, must be visible at a distance of three (3) meters or if price is stamped on the product, it is visible upon examination of the product and it must not bear erasures or alterations of any sort. Section 5D.02. Definition of Terms
a. “Price Tag” or “Label” – a price tag or label is a device on which the selling price of the commodity to which it is attached is placed, written or states. b. “Articles of Commerce” or “Trade” – any commodity or goods displayed or offered for sale to the general public. c. “Retail” – when the same is made direct to the ultimate consumer or end-user. Section 5D.03. Penalty. Any person found guilty of violating any of the provisions of this Article shall upon conviction be imposed a fine of:
a) First Offense- Five Hundred Pesos (P500.00) or imprisonment of two (2) days, at the discretion of the Court. b) Second Offense - One Thousand Pesos (P1,000.00) or imprisonment of four (4) days, at the discretion of the Court. c) Third Offense - One Thousand Five Hundred Pesos (P1,500.00) or imprisonment of Six (6) days, or both fine and imprisonment at the discretion of the Court. CHAPTER 6 HEALTH AND SANITATION Article A. Leashing or Confinement of Dogs Section 6A. 01. Definition of Terms. The following terms or words as used in this Article shall mean as follows:
a. “Dog(s)” – refers to a common quadruped domestic animal belonging to the order carnivora (male or female), specifically known as canis familiaris. b. “Dog Catcher” – a person who shall perform the actual catching of stray dog(s) and shall perform other functions related thereto as maybe assigned to him/her. 56
c. “Leash” – a thong or a line for holding a dog such as chain or rope to restrain the dog from roaming around. d. “Owner” – any person keeping, harboring or having charge, care or control of a dog. e. “Pound” - refers to a public enclosure for stray animals. f. “Premises” – means the owner’s house or fenced yard where other people has no reason to enter except to conduct business or visit the members of the household. g. “Private Place” – refer to any place privately owned by an individual other than the owner of the dog. h. “Public Place” - any place open to the people in general specially a place financed by the government like park, market, parking lot, street and the likes. i.
“Rabies” – a highly fatal decease caused by a lyssa virus transmitted mainly through the bite of an infected animal and is characterized by muscle paralysis, hydrophobia and aerophobia and other neurological manifestations.
j.
“Stray dog” - any dog leaving its owner’s place or premise and no longer under the effective control of the owner.
Section 6A. 02. Administrative Provision. Responsibility of Dog Owner - It shall be the responsibility of dog owners to maintain control over their dog(s) and not to allow it to roam in any public or private place.
Any dog caught roaming around, loose, unrestrained, unconfined or not under the complete control of its owner in streets or other public or private places shall be caught and impounded in public or municipal pound. established and “Public Pound” or “Municipal Pound” is hereby maintained under the supervision of a licensed veterinarian, the Municipal Mayor shall designate the site. “Impound Notice” - Upon receipt of the animal(s) into the pounding area the Impounding Officer shall post in conspicuous place of the Municipal Town Hall and in the Barangay Hall where the dog was caught an impound notice within 24 hours with the following information.
a. color, breed and other description of the impounded dog(s) b. the date and time
when the impounded dog(s) were caught.
c. the place or location caught, and
where the
impounded
dog(s)
were
57
d. the period to which the owner can redeem his/her dog(s). If the impounded dog(s) is/are not redeemed within the specific period, the animal will be placed for adoption. Stray Dog Control
a.
stray dog(s) shall be removed from the community streets.
b.
the Impounding Officer shall direct and supervise daily rounds for picking up stray dog (s).
c.
stray dog(s) shall be impounded for three (3) days to give the owners time to reclaim their animals and to determine if human exposure has occurred.
d.
Apprehend vicious stray dog(s) that may be destroyed at the discretion of the Impounding Officer.
e.
Dog(s) found to be suffering from rabies shall be disposed immediately.
“Impounding Fees” – Fees for the impounding of each animal shall be stipulated in a separate ordinance.
The impounding fees collected shall be equally (50-50) shared between the dog catcher and the Local Government Unit (LGU). The 50% share of the LGU will be utilized to defray expenses for the maintenance of the impounded animal(s). “Enforcement” – it shall be the responsibility of the Local Government Unit of Camalaniugan to administer this Article and to promulgate the necessary rules and regulations for its implementation. Section 6A. 03. Penalty. Any dog owner who violates any provision of this Article shall pay a fine of Five Hundred Pesos (P500.00) or imprisonment of (2) days, or both fine and imprisonment, at the discretion of the Court. Article B. Avian Influenza (AI) Prevention And Control Section 6B.01. Definitions. For the purpose of this Article the following terms and phrases shall apply:
a. ‘Avian Influenza” – an infectious disease in chickens, ducks and other birds caused by different subtypes of the influenza AI virus. b. “Fowl/Poultry” – includes marketable broilers, culls, day old chicks, pullets’ game fowls, native chickens, ducks hatching eggs, hobby birds, or birds of any kind. c. “Exotic Birds” – any bird species or subspecies which do not naturally occur in the Philippines.
58
d. “Poultry holding facilities’ – includes commercial farms, backyard units, hatcheries, processing plants, slaughter houses, aviaries, feed mills, cockpits and public markets. e. “Negative monitoring report” – a report that is prepared and be submitted to the Provincial Veterinarian for monitoring the Avian Influenza.
Section 6B.02. Prohibited Acts. Prohibition of Offer for Sale and/or Sale – It shall be prohibited for any person to offer for commerce, engage in trade or to have in his possession any unregistered exotic species of poultry wildlife. It shall be accordingly penalized as stipulated in Chapter IV (illegal Acts) of RA 9147. This activity shall be enforced in coordination with the authorities of the DILG-LGU Bureaus or the Local PNP Station. Other Prohibitions – a) Prohibition on offer for sale and sale of live chickens in the market while there is a threat of bird flu; b) Prohibition on placing chickens, ducks and pigs together in the same area, cages or pens; c) Prohibition on chickens to roam freely outside backyard premises of poultry owners. Section 6B.03. Administrative Provision. Creation of the Local Avian Influenza Taskforce – The AI Prevention and Control Taskforce shall be formed and shall be the main authority to oversee the implementation of the production of this Article and other related activities as maybe provided by National Laws. It shall be composed but not limited to the following:
Chairman: Vice-Chairman: Members:
Municipal Mayor Municipal Vice-Mayor Chairman, SB Committee on Agriculture Municipal Agriculturist Municipal Health Officer Municipal Social Welfare and Dev’t Officer Chief of Police-Camalaniugan Chapter All Barangay Captains Information Officer
Census – The LGU shall conduct a census of all livestock and poultry holding facilities in their premises. The data shall include the type of poultry holding facility, poultry species, poultry population density, facility owner/operator, location, poultry disease profile, biosecurity practices, vaccination programs, and veterinarian in charge. Coastal Monitoring of Smuggling of Fowl – Smuggling of fowl shall be reported to the Philippine National Police-Camalaniugan Chapter. Negative Reporting – The Local Veterinarian shall submit quarterly a Negative Monitoring Report to the Provincial Veterinarian. 59
Local Surveillance Group – The LGU shall create a Local Surveillance Group that will help in the identification of poultry holding facilities and encourage participation of the facility owners/operators in surveillance and reporting. Surveillance reports shall be recorded and submitted to the Local Avian Influenza Taskforce. Sero-surveillance must be conducted twice a year in the backyard/commercial farms and other susceptible fowls. The following shall be the composition of the Local Surveillance Group:
Chairman: Vice-Chairman: Members:
Municipal Agriculturist/Local Veterinarian Liga ng mga Barangay President All Punong Barangays All Barangay Kagawads All Barangay Tanods
Assist in Surveillance – The LGU shall assist the Local Surveillance Group and the Bureau of Animal Industry (BAI) in enforcing requirements covering the local transport of animals including poultry and poultry by-products. This activity shall be enforced in coordination with the local PNP Station. Information Dissemination – The local veterinarian shall conduct regular information campaigns. These campaigns shall include recommended biosecurity and other AI preventive measures. They shall be trained by the Regional Task Force.
Suspected AI Cases – a. Reporting – The farm veterinarian or farm owner shall immediately report to the Local Surveillance Team or the Local Avian Influenza Taskforce any occurrence of mortality of 3% (based on house population) in just a day in commercial farms or any unexplained mortality of poultry in two or more households within a barangay or “purok” in a span of two (2) days in the case of backyard farms. Investigation/blood collection shall be conducted by the Local Veterinarian within twenty-four (24) hours. b. Movement Control – The PNP-Camalaniugan Chapter, upon notice from the LCE, shall enforce movement control. Farm personnel are not allowed to leave the suspended premises unless with the approval from the chairman of Local Avian Influenza Taskforce. Likewise poultry, poultry products and by-products, farm equipment and feeds shall not be allowed to leave the suspected premises and instead shall be quarantined in forty-eight (48) hours. c. Vaccination – The Municipal Health Officer shall assist in immunizing veterinarians. Laboratory staff, medical health workers and poultry farm personnel. The Agricultural Technologists and the local Veterinarians shall assist in the conduct of poultry vaccination in areas identified by the Local Avian Influenza Taskforce. Section 6B.03. Penalty. Any violation of this Article by any person, firm, poultry traders, farm owner shall be fined as follows:
60
a. First Offense - fine of Five Hundred Pesos (P500.00) or imprisonment of two (2) days, or both fine and imprisonment, at the discretion of the Court. b. Second Offense - fine of One Thousand Pesos (P1,000.00) or imprisonment of four (4) days, or both fine and imprisonment, at the discretion of the Court. c. Third Offense - fine of Two Thousand Five Hundred Pesos (P2,500.00) or imprisonment of six (6) months, or both fine and imprisonment, at the discretion of the Court. Article C. Ban On Smoking At Certain Public Places and Business Establishments Section 6C.01. Definition of Terms -
a. “Government Offices” – All National and Local Government Offices conducting services within the jurisdiction of Camalaniugan, Cagayan; b. “Smoking” – To inhale and puff out tobacco which includes the carrying of lighted cigar and cigarette or pipe or other smoking paraphernalia whether or not it is being puffed, smoked or inhaled; c. “Smoking Area” – A designated area within the office or public place where smoking is allowed and properly marked as “Smoking Area” d. “Public Conveyances” – are any mode of public transport, powered by or without the aid of an engine that plies the route within the territorial jurisdiction of Camalaniugan; e. “Public Places” – Any structure within the Municipality Camalaniugan that caters services to the general public;
of
f. “Youthful offender” – is a child, minor or youth, including one who is emancipated in accordance with the law, who is over nine (9) years but less than eighteen (18) years of age at the time of the commission of the offense. Section 6C.02. Regulated Acts.
Smoking is hereby prohibited in specified places. No owner, operator, driver, manager or administrator of any of the establishments and conveyances herein below specified shall allow smoking, nor shall any person smoke in any of such establishments and conveyances except in such places and under such conditions herein after mentioned: a.
Videoke bars, billiard halls, bars, restaurants, cocktail lounges, disco pubs, dancehalls, nightclubs, theaters or other public places offering facilities for dining and entertainment; b. Cockpits c. Public Theaters or other auditoria used for such purposes during showing or intermission therein or in any projection booth or 61
d.
e. f. g.
h.
i. j. k.
enclosure or room in a public place in which any motion picture machine is being operated; Places for storage or carriers of inflammable liquids, explosive and combustible materials, public or private gasoline stations, cargo trucks and tanks; Factories and plants; Inside elevators of any establishments; Passenger buses (PUB), Jeepneys (PUJ and AC) vans, multicabs-for- hire, tricycles-for-hire, or any other public conveyances operating in or through the Municipality of Camalaniugan; Inside bazaars, department stores, furniture shops, pet shops, barber shops, beauty parlors, books, newspaper and magazine stands textile, grocery stores, sari-sari stores warehouses, bodegas, storerooms, stockrooms and other similar establishments and structures; All school campuses, churches and other places of worship, cemeteries; Inside all public and private hospitals, medical, dental or optical clinics, centers and dispensaries; Inside all enclosed public places wherein more than two (2) persons congregate such as session halls, auditoriums and offices;
Section 6C.03. Rules and Regulations.
a.
It shall be the responsibility of owners or operators of clubs, restaurants and other similar establishments mentioned in subsections a, b, and c of the preceding section to provide in their establishments smoking sections which shall be enclosed with ventilation devices. b. “NO SMOKING” signs required – The owner, operator, manager or administrator of any of the establishments and conveyances where smoking is prohibited under this Article shall provide and post in conspicuous places therein appropriate and legible “NO SMOKING” signs of uniform color and size to be determined by the Office of the Mayor. c. Distribution of Proceeds – Fines collected in violation hereof shall accrue to the general fund of the Local Government Unit of Camalaniugan and apportioned in the following manner: Municipal share ----------------- 30% Barangay share ----------------- 30% Apprehending Authority-------- 40% Section 6C.04. Penalty. Any person who violates any provision of this Article shall be punished as follows:
a) First Offense – Fine of Two Hundred Fifty (P250.00) Pesos or imprisonment of one (1) day at the discretion of the Court. b) Second Offense – Fine of Three Hundred (P500.00) Pesos or imprisonment of two (2) days at the discretion of the Court.
62
c) Third Offense and succeeding offenses– Fine of Five Hundred (P1,000.00) Pesos or imprisonment of four (4) days, or both fine and imprisonment, at the discretion of the Court. Minor offenders shall be penalized according to the provision of RA 9344 otherwise known as Juvenile Justice and Welfare Act of 2006 and other pertinent laws.
Article D. Regulation On Employing Guest Relation Officers Section 6D.01. Definition of Terms
a) “Establishments" – refer to videoke bars, restaurants, nightclubs, bars, disco pubs, canteens, billiard pools and similar places of amusement employing GROs. b) “Operator” – refers to a person who owns, manages or operate the establishment. c) “Guest Relation Officer (GRO)” – any person who entertains, sings and sits with customers in the place of the establishment. d) “Prostitute” – refers to a person who for money or profit habitually indulge in sexual intercourse or lascivious conduct. e) “Sexually Transmitted Disease (STD)” – refers to any disease that may be acquired or pass thru sexual contact. f) “Human Immunodefficiency Virus (HIV)” – refers to virus that causes AIDS. g) “Acquired Immunodefficiency Syndrome (AIDS)” – a fatal transmittable disorder of the immune system that is caused by the Human Immunodeficiency Virus (HIV) contacted from another person and which attacks and weakens the body’s immune system making the afflicted individual susceptible to other life threatening infections. h) “Minor” – any person who is below 18 years of age. Section 6D.02. Regulated Acts.
All operators of establishments employing GROs in the Municipality of Camalaniugan are required to: a)
Submit the complete number of GROs under their actual employ with authenticated birth certificates before securing their individual occupational permit. b) Secure a health certificate for every GRO under their employ, from the Municipal Health Office, Camalaniugan, Cagayan and to allow only those GROs with said health certificates to entertain or render services in said establishment. c) Report the departure of any GRO under their actual employ within three (3) days to the MHO and furnishing a copy of such to the Camalaniugan PNP Station for confirmation. d) Submit GROs in their employ for routine diagnostic smear examination every week at the Office of the Municipal Health Officer, the schedule of such smear tests to be prepared by said office. 63
e)
f)
g) h) i)
Engage the services of the MHO and pay for the cost of treatment of identified positive of STD or defray the cost of medicines if the service of MHO is utilized by them. Lay-off or suspend the services of their GROs found to be afflicted with contagious diseases during the period of their treatment and until such time that said GROs shall have been cured of their diseases, as well as those GROs whose health certificates have been suspended, revoked and/or annulled by the Municipal Health Officer for their failure to submit regularly for the routine diagnostic cervical smear examination and for other valid reasons in the interest of public health. Provide a Sanitary Comfort Room and maintain its cleanliness. Employ a Security Guard to look after the peace and order of the establishment. Videoke bars shall strictly comply with the provision of Provincial Ordinance No. 02-2004.
Section 6D.03. Prohibited Acts.
I. For Operator: a) Employing unhealthy/sickly or afflicted with contagious disease or being positive with STD, HIV-AIDS. b) Employing a prostitute. c) Employing Minors. d) Employing GROs without the required documents. II. For GRO: a) Working with known contagious disease or STD, HIV-AIDS. b) Engaging in prostitution. c) Working as Minor. d) Working without the required documents.
being positive with
Section 6D.04. Penalties. Any person found by a court of competent jurisdiction to have violated the provisions of:
Section 6D.02, a) b), c), d), e), f), g), h) & i) shall be penalized as follows: a) First Offense – fine of One Thousand Five Hundred Pesos (P1,500.00) or imprisonment of six (6) days at the discretion of the Court and suspension of operation for fifteen (15) days b) Second Offense – fine of Two Thousand Five Hundred Pesos (P2,500.00) or imprisonment of six (6) months at the discretion of the court and cancellation of business permit and special permit to operate Section 6D.03, I, a), b) & c) - shall be penalized as follows: a) First Offense – fine of Two Thousand Five Hundred Pesos (P2,500.00) or imprisonment of six (6) months at the discretion of the Court and suspension of operation for thirty (30) days. 64
b) Second Offense – fine of Two Thousand Five Hundred Pesos (P2,500.00) or imprisonment of six (6) months at the discretion of the Court and cancellation of business permit and special permit to operate. Section 6D.03, I. d) a) First Offense – fine of One Thousand Five Hundred Pesos (P1,500.00) or imprisonment of six (6) days at the discretion of the court and suspension of operation for fifteen (15) days. b) Second Offense – fine of Two Thousand Five Hundred Pesos (P2,500.00) or imprisonment of six (6) months at the discretion of the court and suspension of operation for thirty (30) days. c) Third Offense – fine of Two Thousand Five Hundred Pesos (P2,500.00) or imprisonment of six (6) months at the discretion of the court and cancellation of business permit and special permit to operate Section 6D.03.II, a), b) & c) a) First Offense – fine of One Thousand Pesos (P1,000.00) or imprisonment of four (4) days at the discretion of the Court and suspension from work for fifteen (15) days. b) Second Offense – fine of Two Thousand Five Hundred Pesos (P2,500.00) or imprisonment of six (6) months, at the discretion of the court and cancellation of occupational permit Section 6D.03,II, d) a) First Offense – fine of One Thousand Pesos (P1,000.00) or imprisonment of four (4) days at the discretion of the Court. b) Second and succeeding offenses – fine of Two Thousand Five Hundred Pesos (P2,500.00) or imprisonment of six (6) months at the discretion of the court. Minor offenders shall be penalized according to the provision of RA 9344 otherwise known as Juvenile Justice and Welfare Act of 2006 and other pertinent laws. Article E. Requiring The Use of Clean Pattern/Brown Paper For Packing Hot Bakery Products Section 6E.01. Regulated Acts. All bakery operators and/or proprietors including ambulant vendors who sells bakery products in the Municipality of Camalaniugan, Cagayan are required to use clean pattern/brown paper for packing hot bakery products. Section 6E.02. Definition. 65
“Carcinogen” (n) – a cancer substance, carcinogenic (adj) “Plastic” (chemical) – one of a class of organic compounds synthesized from hydrocarbons, proteins, cellulose or resins, capable of being molded, extruded, cast or otherwise fabricated into various shapes “Ambulant Vendors” – A person who sells especially one who hawks his/her goods in public by means of walking, riding, and moving from one place to another Section 6E. 03. Penalty. Bakery operators and/or proprietors including ambulant vendors found guilty of violating any of the provisions of this Article shall be penalized as follows:
a) First Offense – fine of Five Hundred Pesos (P500.00) or imprisonment of two (2) days at the discretion of the Court. b) Second Offense – fine of Seven Hundred Fifty Pesos (P750.00) or imprisonment of three (3) days at the discretion of the Court. c) Third Offense – fine of One Thousand Pesos (P1,000.00) or imprisonment of four (4) days at the discretion of the Court and cancellation of permit/license Article F. Regulation On The Use Of Iodized Salt Section 6F.01. Regulated Acts. All salt traders/suppliers and retailers are required to sell only iodized salt for human consumption and all commercial food establishment such as restaurants, canteens, hotels, hospitals, caterers, all other food outlets as well as food manufacturers to use only iodized salt in food preparation. Section 6F.02. Administrative Provision. The Office of the Municipal Mayor thru the Municipal Nutrition Committee shall act as the Salt Iodization Program Implementing Committee to be chaired by the Municipal Health Officer and shall: a) formulate guidelines for the effective implementation of this Article; b) conduct periodic monitoring of the quality of iodized salt distributed and sold in the market and that being used by food establishments; c) develop and implement a promotional plan on the use of iodized salt. Section 6F.03. Penalty . Any Supplier, Retailer, Owners of Food Outlet, Restaurant and Store who violates any provision of this Article shall be penalized as follows:
a) First Offense – Written Warning b) Second Offense – fine of Five Hundred Pesos (P500.00) or imprisonment of two (2) days at the discretion of the Court. c) Third Offense – fine of One Thousand Pesos (P1,000.00) or imprisonment of four (4) days or both depending upon the discretion of the court. 66
Article G. Regulation On The Sale Of Meat And Dressed Poultry Coming From Sources Other Than The Municipal Slaughterhouse Of Camalaniugan, Cagayan Section 6G.01. Regulatory Acts. All meat and dressed poultry offered for sale within the Municipality of Camalaniugan coming from sources other than the Municipal Slaughterhouse of Camalaniugan shall be properly inspected by and bear the official seal of the Municipal Meat Inspector of Camalaniugan, Cagayan. Section 6G.02. Administrative Provision. Any person who sells meat and dressed poultry coming from sources other than the Camalaniugan Municipal Slaughterhouse shall be issued a Meat Inspection Certificate by the Municipal Meat Inspector of Camalaniugan, Cagayan after paying the inspection fees as stipulated in a separate Ordinance.
Provided, that any person who sells meat and dressed poultry coming from other municipalities shall secure a Meat Inspection Certificate from the Municipal Meat Inspector of its point of origin. Section 6G.03. Penalty. Any person found violating this Article shall pay a fine of :
a) First Offense - Five Hundred Pesos (P500.00) or imprisonment of two (2) days at the discretion of the Court b) Second Offense - One Thousand Five Hundred Pesos (P1,500.00) or imprisonment of six (6) days at the discretion of the Court. c) Third Offense - Two Thousand Five Hundred Pesos (P2,500.00) or imprisonment of Six (6) months, or both fine and imprisonment, at the discretion of the Court. Article H. Requiring All Food Handlers/Servers To Display Identification Cards Section 6H.01. Regulated Acts. All food handlers/servers of ready-to-eat foods shall be required to display an ID on their chests while doing their food handling/serving duties in their workplace. Section 6H.02. Administrative Provision.
It shall be the obligation of the employer to have his/her food handlers/servers display ID’s on their chests while at work. Identification Card shall be issued by the Municipal Health Officer after the food handler/server shall have undergone a medical check-up. Section 6H.03. Penalty . be imposed a fine of:
Anyone person who violates this Article shall
a) First Offense - Two Hundred Fifty Pesos (P250.00) or one (1) day imprisonment at the discretion of the Court. 67
b) Second Offense Five Hundred Pesos (P500.00) or days imprisonment at the discretion of the Court.
two (2)
c) Third Offense - One Thousand Pesos (P1,000.00) or imprisonment of four (4) days, or both fine and imprisonment at the discretion of the Court.
Article I. Prohibition on The Drying Of Palay In Public School Compounds, Public Markets And Roads Adjacent To Schools And Markets Section 6I.01. Prohibited Acts. Drying of palay in public school compounds, public markets and roads adjacent to schools ad markets within the Municipality of Camalaniugan, Cagayan shall be strictly prohibited. Section 6I.02. Penalty. Any person or group of persons found violating this Article shall be penalized as follows:
a) First Offense – fine of One Thousand Pesos (P1,000.00) imprisonment of four (4) days at the discretion of the Court.
or
b) Second Offense – fine of Two Thousand Pesos (2,000.00) or imprisonment of eight (8) days at the discretion of the Court. c) Third Offense – fine of Two Thousand Five Hundred Pesos (P2,500.00) or imprisonment of six (6) months, or both fine and imprisonment, at the discretion of the Court. Article J. Prohibiting The Transfer, Transport, And Dumping Of Red Tide Contaminated Shellfish Section 6J.01. Prohibited Acts. It shall be unlawful for any person to transfer, transport, and dump red tide-contaminated shellfish within the territorial jurisdiction of Camalaniugan, Cagayan. Section 6J.02. Penalty. Any person found violating this Article shall pay a fine of Two Thousand Five Hundred Pesos (P2,500.00) or imprisonment of six (6) months, or both fine and imprisonment at the discretion of the court plus confiscation and burning of the red tide-contaminated shellfish. Article K. Prohibiting The Processing Of Perishable Food Specially The Drying Of Meat And Aquatic Products Section 6K.01. Prohibited Acts. It shall be prohibited for any person to cause the processing of perishable food specially the drying of meat and aquatic products in all public markets within the Municipality of Camalaniugan, Cagayan Section 6K.02. Definition. 68
“Processing of perishable food” - the preparation or drying of food that in the process, flies, cockcroaches and all disease-spreading insects are attracted and foul odor is emitted. Section 6K.03. Penalty. fined as follows:
Any person who violates this Article shall be
a) First Offense Two Hundred Fifty Pesos (P250.00) or imprisonment of one (1) day at the discretion of the Court. b) Second Offense - Five Hundred Pesos (P500.00) or imprisonment of two (2) days at the discretion of the Court. c) Third Offense - One Thousand Pesos (P1,000.00) or imprisonment of four (4) days at the discretion of the Court and cancellation of license or permit. Article L. Prohibition on the Sale Of Perishable Goods Which Have Deteriorated And No Longer Fit For Human Consumption Section 6L.01. Prohibited Acts. No person, or firm or corporation or partnership is allowed to sell meat and meat products, fish and marine food products for public consumption unless a permit/certification is secured from the meat inspector or sanitary inspector to assure that these foods offered for sale are not hazardous to public safety. Section 6L.02. Administrative Provision.
Carcasses showing any degrees of icterus with parenchymatous degeneration of organs and those which has an intensive yellow or greenish yellow discoloration, shall be immediately confiscated and condemned. Carcasses which give off the odor of urine and/or abnormal odor shall be immediately confiscated and condemned. Section 6L.03. Penalty. Penalty. shall be fined as follows:
Any person who violates this Article
a) First Offense - Five Hundred Pesos (P500.00) or imprisonment of one (1) day at the discretion of the Court. b) Second Offense - One Thousand Pesos (P1,00.00) or imprisonment of four (4) days at the discretion of the Court. c) Third Offense – Two Thousand Five Hundred Pesos (P2,500.00) or imprisonment of six (6) months, or both fine and imprisonment, at the discretion of the Court.
CHAPTER 7 ENVIRONMENTAL MANAGEMENT 69
Article A. Solid Waste Management Section 7A.01. Coverage. This Article is enacted to provide for the system/procedure in handling solid waste in the Municipality of Camalaniugan and shall apply to all individuals, residential houses; commercial establishments such as hotels, restaurants, cinema houses, public markets, department stores, groceries; institutions like hospitals, funeral parlors, schools, churches, banks, public public and and priva private te office offices; s; indus industri trial al estab establis lishm hment ents s like like gaso gasolin line e statio stations, ns, machine shops, factories, factories, plants, warehouses, mills, slaughterhouses slaughterhouses,, piggeries, piggeries, and other other establis establishmen hments ts of any kind; kind; transpo transportat rtation ion faciliti facilities es like terminal terminals, s, buses, jitneys, multicabs, tricycles, hauler trucks, parks, public open spaces and thoroughfares; and agricultural areas.
Pursua uant nt to the the rele releva vant nt Sectio Section n 7A.02. 7A.02. Authority to Regulate. Purs provisions of Republic Act No. 7160, otherwise known as the Local Government Code of 1991, Local Government Units shall be primarily responsible for the implemen implementati tation on and enforce enforcement ment of the provisio provisions ns of R.A. R.A. 9003 9003 within within their their respective jurisdictions.
Section Section 7A.03. 7A.03. Purpose. purpose:
This This Artic Article le is enac enacted ted for for the the follo followi wing ng
a.
To gu guide, control an and re regulate th the ge generation, st storage, collection, transportation and disposal of solid wastes within the locality and promote an orderly and sanitary system for the same. b. To enh enhance th the to total en environment of of th the loc locality th through th the necessary control and mitigation of negative environmental impacts of solid waste. c. To promote and protect the health, safety, peace and convenience and general welfare of the inhabitants of the Municipality. d. To min minimize ge generation of of so solid wa waste an and ma maximize po possible resource recovery/recycling and utilization by: 1.
maxi maximi mizi zing ng the the use use of good goods s and and cons consum umpt ptio ion n of food foods. s.
2.
alloc locatin ating g fair fair inp inputs in the the produc oducttion ion of good oods, foods and and services.
3.
enco encour urag agin ing g the the salv salvag agin ing g of pos possi sibl ble e “rec “recov over erab able les” s” fro from m soli solid d wastes for re-use and/or recycling back to production process.
4.
enco encour urag agin ing g the the recy recycl clin ing g and and res resourc ource e reco recove very ry of of wast wastes es in in own backyard through composting and biogas production.
5.
prov provid idin ing g assi assist stan ance ce and and coo coope pera rati tio on in the the recyc recycli ling ng of sol solid id waste in disposal sites.
Section 7A.04. Goal. The primary goal of this Article is to enhance ecological balance of the community through sustainable and integrated waste management. Section 7A.05. Objectives. Objectives. The objectives of this Article are the following 70
a, To ensure ensure round-the-cl round-the-clock ock cleanliness cleanliness through through sanitary sanitary and and orderly orderly waste management. b. To cease cease and and desist desist from from utili utiliza zatio tion n of open garba garbage ge dumps dumps which which serve as breeding places of insects causing disease, foul odors and harmful fumes; emit “greenhouse gases” which contribute to global warming and thinning of the ozone layer; generate “leachate” which pollute pollute soil and water water resource resources; s; and create create unhealth unhealthy y scaveng scavenging ing activities in the vicinity. c. To eradicate eradicate unsight unsightly, ly, uncovere uncovered d and overflowing overflowing waste waste container containers s in streets, public places, and open spaces. d. To maximize maximize and optimize optimize sanitary sanitary resourc resource e for feeds, feeds, fuel, material materials, s, energy, etc. e. To minimize minimize pollution pollution arising arising from from harmful gases, gases, smoke, smoke, particulat particulates es produced produced by needless needless burning/ burning/dump dumping; ing; pollute polluted d runoffs runoffs into water water sources/supply; and hazardous substances like hospital wastes. Article, the following following Section 7A.06. Definition of Terms. As used in this Article, terms are defined as follows: a. “ Agricultural refers to wast waste e gener generat ated ed from from plant planting ing or Agricultural Waste” – refers harvesting of crops, trimming or pruning of plants and wastes or run-off materials from farms or fields. b. “Biodegradable” – – any material that can be reduced into finer particles (degraded or decomposed) by microbiological organisms or enzymes (synonymous with compostable) c. “Collection” – refers to the act of removing solid wastes from the source or from a communal storage point. d. “Composting” – refer refers s to the contr controll olled ed decom decompo posit sition ion of organ organic ic matter by micro-organisms, mainly bacteria and fungi, into a humuslike product. e. “Disposal” – refers to the discharge, deposit, dumping, spilling, leaking or placing of any solid waste into or in any land. f. “Disposal Site” – refers to a site where solid waste is finally discharged and deposited. g. “Generation” – refers to the act or process of producing solid waste. h. “Hazardous/Toxic Waste” – any waste that is potentially dangerous to the the envi enviro ronm nmen entt and and heal health th of indi indivi vidu dual al beca becaus use e of chem chemic ical al reactivity, toxicity, flammability and explosiveness. i.
“Hospital waste” – any waste generated generated in hospitals, hospitals, divided under the following categories: 71
consist st of tissue tissues, s, organ organs, s, body body parts parts from from “Pathological “Pathological waste” – consi surgical operations, biopsy, human fetuses and animal carcasses: and most blood and body fluids. generated from nuclear medicine section, “Radioactive waste” – waste generated diagnostic and therapeutic procedures and the paraphernalia used. This is in the form of solid, liquid and gas contaminated with radio nuclides, exemplified by radio-iodine technetium 99 and tridium in part partic icul ular ar,, excr excret eta a of pati patien ents ts who who unde underw rwen entt radi radio o isot isotop opic ic therapeutic application, the needles and syringes, test tubes and tap waste washing of such paraphernalia. comprises s discard discarded ed solid, solid, liquid liquid and gaseous gaseous “Chemical “Chemical waste” – comprise chemical chemicals, s, for example example from diagnos diagnostic tic and experim experimenta entall work, work, cleaning cleaning,, housek housekeep eeping ing and disinfec disinfecting ting procedure procedures. s. Chemica Chemicall waste may be hazardous or non-hazardous. are chem chemic ical als s that that are are toxi toxic, c, “Hazardo “Hazardous us chemica chemicall waste” waste” – are corrosive, corrosive, flammable, reactive (explosive, water reactive, shock sensitive), sensitive), genotoxic genotoxic (carcinogenic, (carcinogenic, mutagenic, teratogenic teratogenic or otherwi otherwise se capable capable of altering altering genetic genetic materia material): l): for example example cyto-toxic salts. “Non-hazardous chemical waste” – consists of chemicals other than those those descr describ ibed ed abov above, e, such such as sugars sugars,, amino amino acids, acids, and and certain organic and inorganic salts. “Infectious “Infectious waste” – includes cultures and stock of infectious agents from laboratory work, waste from surgery and autopsies on patients with infectious diseases, waste from infected patients in isolation wards, waste from potentially infectious cases, waste that has been in contac contactt with patient patients s undergo undergoing ing haemodi haemodialys alysis is (e.g. (e.g. dialysi dialysis s equipment such as tubing and filters, disposable towels, gowns, aprons, gloves and laboratory coats) and waste that has been in contact with animals inoculated with an infectious agent or suffering from an infectious disease. “Sharps” – include needles, syringes, scalpels, blades, broken glass, nails and any other items that can cause a cut or puncture “Pharmaceutical waste” – includes pharmaceutical products, drugs and chemicals that have been returned from wards, have been spilled, are outdated or contaminated, contaminated, or are to be discarded discarded because they are no longer required.
j.
“Incineration” – the controlled process by which combustible wastes are burned and changes changes into gasses gasses and residues residues that contains contains little or no combustible materials.
k. “Open dump” – refers to a disposal area wherein the solid wastes are indisc indiscrim rimina inate tely ly throw thrown n or dispos disposed ed of withou withoutt due due plann planning ing and and consideration for environmental and health standards
72
l.
“Receptacles” – refers to individual containers used for the source separation and the collection of recyclable materials.
m. ”Recyclable material” – refers to any waste material retrieved from the waste stream and free from contamination that can still be converted into suitable beneficial use or for other purposes, including, but not limited to newspaper, ferrous scrap metal, non-ferrous scrap metal, used oil, corrugated cardboard, aluminum, glass, office paper, tin cans, bottles, vials and broken glass (including cullets or “bubog”), plastics, textile trimmings, rubber (used tires, gloves, boots, rubber sandals, mats, sheets), etc. n. “Recoverables” – refer to materials and by-products that can be recovered or diverted from solid waste for the purpose of being collected, processed and used as a raw material in the manufacture of a recycled product. o. “Recycling” – refers to the treating of used or waste materials through a process of making them suitable for beneficial use and for other purposes, and includes any process by which solid waste materials are transformed into new products in such a manner that the original products may lose their identity, and which may be used as raw materials for the production of other goods or services: Provided, that the collection, segregation and re-use of previously used packaging material shall be deemed recycled under this ordinance. p. “Resource recovery” – refers to the collection, extraction or recovery of recyclable materials from the waste stream for the purpose of recycling, generating energy or producing a product suitable for beneficial use: Provided, that, such resource recovery facilities exclude incineration. q. “Sanitary Landfill” – refers to a waste disposal site designed, constructed, operated and maintained in a manner that exerts engineering control over significant potential environmental impacts arising from the development and operation of the facility. r. “Segregation” – refers to a solid waste management practice of separating different materials found in solid waste in order to promote recycling and re-use of resources and to reduce the volume of waste for collection and disposal. s. “Segregation at Source” – refers to a solid waste management practice of separating, at the point of origin, different materials found in solid waste in order to promote recycling and re-use of resources and to reduce the volume of waste for collection and disposal. t. “Solid Waste” – refers to all discarded household, commercial waste, non-hazardous institutional and industrial waste, street sweepings, construction debris, agricultural waste, and other non-hazardous/nontoxic solid waste. Unless specifically noted otherwise, the term “solid waste” as used in this Article shall not include: 73
1. waste identified or listed as hazardous waste of a solid, liquid, contained gaseous or semisolid form which may cause or contribute to an increase in mortality or in serious or incapacitating reversible illness, or acute/chronic effect on the health of persons and other organisms. 2. Infectious waste from hospitals such as equipment, instruments, utensils, and fomites of a disposable nature from patients who are suspected to have or have been diagnosed as having communicable diseases and must therefore be isolated as required by health agencies, laboratory wastes such as pathological specimens (i.e., all tissues, specimens of blood elements, excreta, and secretions obtained from patients or laboratory animals), and disposable fomites that may harbor or transmit pathogenic specimens and disposal fomites attendant thereto, and similar disposable materials from outpatient areas and emergency rooms 3. waste resulting from mining activities, including contaminated soil and debris. u. “Solid Waste Management” – refers to the discipline associated with the control of generation, storage, collection, transfer and transport, processing, and disposal of solid wastes in a manner that is in accord with the best principles of public health, economics, engineering, conservation, aesthetics, and other environmental considerations, and that is also responsive to public attitudes. v. “Special wastes” – refers to household hazardous wastes such as paints, thinners, household batteries, lead-acid batteries, spray canisters and the like. These include wastes from residential and commercial sources that comprise of bulky wastes, consumer electronics, white goods, yard wastes that are collected separately, batteries, oil and tires. These wastes are usually handled separately from other residential and commercial wastes. w. “Waste Management Fund” – amount allocated for the implementation of this ordinance. The Municipality of Section 7A.07. Information and Education. Camalaniugan shall ensure the extensive dissemination of information regarding solid waste management to develop public awareness of the ill-effects of and the community-based solutions to the solid waste problem. An Information and Education Campaign (IEC) shall be conducted throughout the Municipality. A special body shall be created to undertake the IEC to ensure that solid waste management and related health and environmental concerns are widely disseminated to the public. The functions of which shall be to: 1) prepare a module on solid waste management for uniformity in presentation and content in the conduct of lectures in schools, communities, private firms and government agencies, and; 2) plan or map out a strategy on how to undertake IEC. Local print and broadcast media shall be tapped to assist in the IEC. 74
There shall be a maximized dissemination of Solid Waste Management through the use of communications system like broadcast media (i.e. TV, radio and films); and print; (i.e. handouts, brochures, billboards, streamers, signboards, news, features, stickers and t-shirts). Stickers, posters or signboards must be placed in all public utility transportations like buses, jitneys, multicabs and tricycles. Garbage trucks should be equipped with sound system and if possible make use of jingles. Slogans, instructions and ordinances must be placed in all public places such as markets, terminals and parks through billboards, signboards and sound system for constant reminder. Primers, flyers, and brochures must be furnished to all households. There shall be conducted an annual competition for the Best Implementor of Solid Waste Management among schools and barangays, respectively. For this purpose, funds shall be provided under the budget of the MSWMB for the award of prizes and citations to winners Section 7A.08. Municipal Solid Waste Management Board of the Municipality of Camalaniugan. Municipal Solid Waste Management Board of the Municipality of Camalaniugan. There is hereby created a Municipal Solid Waste Management Board of the Municipality of Camalaniugan to craft or propose policies and measures for the implementation of this Ordinance . Composition. The Municipal Solid Waste Management Board of the Municipality of Camalaniugan shall be composed of the following:
Chairman: Vice-Chairman:
Municipal Mayor Chairperson, SB Committee on Environmental Protection and Natural Resources
Members: Chairperson, SB Committee on Health; President of the Association of Barangay Councils; Chairperson of the Sangguniang Kabataan Federation; A representative of the following NGOs: Rural Improvement Club (RIC), Camalaniugan Market Vendors Association and Parents Teachers Community Association (PTCA) Federation; Representative of the Community Environment and Natural Resources Office (CENRO), Philippine National Police (PNP); and Matilde Olivas District Hospital (MODH); The Municipal Health Officer (MHO), Municipal Engineer (ME), General Services Officer (GSO), Municipal Planning and Development Coordinator (MPDC), Municipal Environment and Natural Resources Officer (MENRO), Municipal Agricultural Officer (MAO), Sanitary Inspector and Market Supervisor. 75
Duties and Responsibilities. The Board shall:
a. Develop the Municipal Solid Waste Management Plan that shall ensure the long-term management of solid waste, as well as integrate the various solid waste management plans and strategies of the barangays in its area of jurisdiction. In the development of the Solid Waste Management Plan, it shall conduct consultations with the various sectors of the community. Recommend to the Sangguniang Bayan measures to promote and ensure the viability and effective implementation of solid waste management programs in the barangays. Monitor the implementation of the Municipal Solid Waste Management Plan through its various political subdivision and in cooperation with the private sector and the NGOs. Recommend to the Sangguniang Bayan specific revenuegenerating measures to promote the viability of its Solid Waste Management Plan. Convene regular meetings for purposes of planning and coordinating the implementation of the solid waste management plans of the barangay. Oversee the implementation of the Municipal Solid Waste Management Plan. Review every three (3) years or as the need arises the Municipal Solid Waste Management Plan for purposes of ensuring its sustainability, viability, effectiveness and relevance in relation to local and international developments in the field of solid waste management. Develop the specific mechanics and guidelines for the implementation of the Municipal Solid Waste Management Plan. Recommend to appropriate local government authorities specific measures or proposals for franchise or buildoperate-transfer agreements with duly recognized institutions, pursuant to R.A. 6957, to provide either exclusive or non-exclusive authority for the collection, transfer, storage, processing, recycling or disposal of solid waste. The proposals shall take into consideration appropriate government rules and regulations on contracts, franchises and build-operate-transfer agreements. Recommend measures and safeguards against pollution and for the preservation of the natural ecosystem. 76
Coordinate the efforts of implementation of the Management Plan.
the barangays in the Municipal Solid Waste
Recommend to the Sangguniang Bayan appropriation of needed funds for the implementation of this ordinance. From time to time, call on any concerned agencies or sectors, as it may deem necessary for the proper implementation of this ordinance. Secretariat. The Municipal Environment and Natural Resources Office (MENRO) shall serve as Secretariat of the Municipal Solid Waste Management Board. As such, it shall keep records of board meetings, coordinate board activities and perform such other functions as the board may assign. Section 7A.09. Waste Generation and Storage. Waste generated at residential houses, commercial establishments, institutions, industrial and agricultural areas shall be segregated into biodegradable and non-biodegradable wastes. The wastes shall be stored in three (3) enclosed containers: 1) for leftovers/compostables/biodegradables; 2) for recoverables; and 3) for nonbiodegradable/non-recoverables. Appropriate containers shall be used to store waste awaiting collection to ensure the sanitary and efficient handling, storage, collection, and transport of the segregated waste. This must be kept in a designated location inside the premise and will only be moved out during the schedule of collection.
Composting shall be done at source. Public thoroughfares and grounds in front or in the vicinity of commercial establishments and residential houses. Said areas shall be kept clean and tidy by the owner/operator/lessee of the establishments (shops, stalls, stores, restaurants, eateries, carinderias, barber shops, beauty parlors, recreational and entertainment facilities like theaters, billiard halls, folk houses, beer gardens, discos, cocktail lounges, dancing halls, cabarets, bistros, etc.) and the owner/lessee of the house or building, at all times. Trees, shrubs and other vegetation within the vicinity of residences must be regularly cared for and maintained to minimize generated wastes and unpleasant sight. Parks, Public Open Spaces and thoroughfares. Theft-proof receptacles for biodegradable and non-biodegradable waste must be provided in strategic location/points by the Municipal Government of Camalaniugan. On vehicles operating in the Municipality. All common carriers (PUJ, PUB, MC Plates) duly authorized to operate within the Municipality shall provide two (2) garbage receptacles for biodegradable and non-biodegradable/nonrecoverable wastes inside the vehicles for use of passengers. Said garbage shall be properly deposited in designated receptacles in their respective terminals.
77
“Oplan Dalimanek”. In order to effectively implement this Ordinance, the Municipal Government shall adopt the “Oplan Dalimanek”. Littering. Persons along the streets and sidewalks in the town plaza, parks, markets, public buildings or other public places shall at times make use of garbage or trash cans when disposing of or throwing their garbage , trash pieces of paper, cigarette buts, wrappers, peelings or any kind of litter and the like. Section 7A.10. Collection and Transportation of Wastes. There shall be a system of proper collection and transportation of solid wastes in the following manner: Solid wastes generated at Barangays, Catotoran Norte, Catotoran Sur, Alilinu, Agusi, Baggao, Centro Norte, Centro Sur, Sapping, Dacallafugu, Bulala and Dugo shall be brought out of the premises for pick-up or collection only during Thursdays, starting at 8:00 in the morning,
Collection of solid wastes generated at the Camalaniugan Public Market shall be done every day starting at 8:00 in the morning. One (1) year after the effectivity of this Article, garbage not properly segregated or brought out at the appointed collection time shall not be collected and shall be considered as disposed of in violation of this Article and shall be penalized accordingly. Section 7A.11. Disposal of Wastes.
The following rules shall govern disposal houses, commercial and institutional areas:
of wastes by residential
a. Residuals of solid wastes after resource recovery, recycling and composting shall be disposed of by sanitary land filling. b. Hospital wastes, especially infectious wastes shall be disposed in accordance with republic Act 6969. c. Hazardous waste (chemical, biological, and radioactive substances) shall be stored, collected and transported, and disposed in accordance with applicable laws, guidelines, rules and regulations of the Environmental Management Bureau (EMB-DENR), Department of Health (DOH), and Philippine Nuclear Research and Institute (PNRI). It shall be incinerated only after getting proper assistance/guidance from the concerned agencies. The following rules shall govern disposal of wastes by industrial areas: a. Hazardous waste shall be incinerated only after getting the proper assistance/guidance from concerned government agencies. b. Other hazardous waste shall be disposed in accordance with the laws, rules, regulations and guidelines of the concerned national agencies like Environmental Management Bureau (EMB-DENR), Department of Health (DOH) and Philippines Nuclear Research and Institute (PNRI)
78
Agricultural wastes. Homogeneous agricultural wastes (rice straws, corn cobs, leaves, animal manure, etc.) shall be properly stockpiled/stored by the concerned farmer. They shall not be burned but shall be stockpiled in a proper location and composted. Animal manure shall be composted or used for biogas production. Section 7A.12. under this Article.
Prohibited Acts.
The following acts are prohibited
a. Littering, throwing, dumping of solid waste in streets, highways, sidewalks, idle lands, alleys, riverbanks, waterways and other public areas (parks, playgrounds, rivers, etc.). Solid waste shall include among others, cigar/cigarette butts, boxes/packages, candy/bread wrappers, matchsticks, disposable diapers, food packages, etc. b. The incineration or open burning of solid waste. c. The construction of commercial/institutional buildings without providing storage space for segregated waste awaiting collection. Existing commercial/institutional buildings are given one (1) year from the effectivity of this ordinance to comply with the same. Section 7A.13. Enforcement Random Inspections. Sanitary inspectors of the Municipal Health Office and staff of the Municipal Environment and Natural Resources Office (MENRO) shall conduct random inspections at residential houses, commercial establishments, institutions, industrial establishments and agricultural areas and issue enforcement citation tickets for violation of this Article. Authorized Enforcement Personnel - Traffic Aides, Street Sweepers, Barangay Officials and Tanods and Garbage Collectors shall be deputized to apprehend violators and authorized to issue citation tickets.
The Municipal Government shall provide Enforcement Personnel with Identification Cards (IDs), necessary in apprehending the violators. Citation Tickets - Violators shall be issued enforcement citation tickets indicating therein the nature of violation committed and the corresponding fines or penalties. Section 7A.14. Penalty. Any individual, person or persons, found violating any provision of this Article shall be fined as follows:
a. Individuals found guilty of violating any provision of this ordinance shall pay a fine of Two Hundred Fifty Pesos (P250.00) or one (1) day imprisonment, at the discretion of the Court, for every offense. b. In case of residences, the head of the family or any other responsible person in the household shall be held liable for the violation committed and shall be penalized with a fine of Five Hundred Pesos (P500.00) or two (2) days imprisonment, at the discretion of the Court, for every offense. 79
c. In case of commercial establishments, the owner or manager or other responsible officer shall be held liable for the violation committed and shall be penalized with a fine of One Thousand Pesos (P1,000.00) or four (4) days imprisonment, at the discretion of the Court, for every offense.
d. In case of agricultural areas, the owner, tenant or other responsible person shall be held liable for the violation committed and shall be penalized with a fine of Five Hundred Pesos (P500.00) or two (2) days imprisonment, at the discretion of the Court, for every offense. e. In case of institutions and industrial areas, the manager, president, proprietor, owner or other responsible officer shall be held liable for the violation committed and shall be penalized with a fine of One Thousand Pesos (P1,000.00) or an imprisonment of four (4) days, at the discretion of the Court, for every offense. f. In case of idle lands, the owner or custodian shall be held liable for every violation committed and shall be penalized with a fine of Five Hundred Pesos (P500.00) or two (2) days imprisonment, at the discretion of the Court, for every offense. Section 7A.15. Collection and Disposition of Fines. Payment of fines for violation of this Article shall be made at the Municipal Treasurer’s Office on weekdays and at an authorized Municipal Government Office on weekends.
The fines collected in violation of this Article shall accrue in favor of the following: a. Fifty percent (50%) to the Municipal Waste Management Fund to be utilized in the implementation of this Article. b. Thirty percent (30%) to the Waste Management fund of the barangay where the violation was committed to be utilized for the implementation of this Article. c. Twenty percent (20%) to be used as an incentive to the enforcement officer implementing this Article. Section 7A.16. Administrative Provisions.
a. The Municipal Government shall provide information materials to be posted in all common carriers duly authorized to operate within the Municipality specifying therein the penalties imposed in violation of this Article. b. Drivers of common carriers plying within the Municipality of Camalaniugan shall be responsible for reminding passengers regarding the provisions of this Article. Any driver whose passenger violates this Article in three (3) separate instances shall undergo a three-hour seminar on solid waste management to be conducted by the Solid Waste Management Board. Every violation committed by the 80
driver shall be reported by the enforcement officer to the Pulisya Ti Umili (PTU) for recording and monitoring. c. Garbage collectors shall submit daily report of violators to the General Services Officer to be collated and submitted to the Office of the Municipal Treasurer.
Section 7A.17. Monitoring and Evaluation. The Office of the Municipal Mayor is hereby authorized to commission a study and on the basis of the same, recommend through the Municipal Solid Waste Management Board for approval by the Sangguniang Bayan as soon as available the most appropriate organizational unit from among those currently in existence to be mandated as the implementing arm that will be responsible in the effective and sustainable execution of this Article.
After a period of one (1) year of implementation, the Office of the Municipal Mayor shall organize an Oversight and Monitoring Committee to study, observe and monitor the implementation of this Article to be able to submit a comprehensive report for the amendments of the same. Article B. Ban On Cutting And/Or Burning Of Trees Section 7B.01. Prohibited Acts. No person shall cut and/or burn any kind of tree in all communal forests, watersheds, greenbelts, mangroves around dams/bodies of water in the Municipality of Camalaniugan. Section 7B.02. Definition of Terms “Greenbelt” – an area of woods, parks or open land surrounding a community. “Communal forest” – (a) used or shared in common by everyone in a group, (b) of, by, or belonging to the people of a community, public, common. “Bodies of water” – refers to ocean, sea, rivers, streams, creeks, lake, bays, gulf, lagoons, ponds including their tributaries. “Mangrove” – (a) is a term applied to the type of forest occurring on tidal flat along the sea coast, extending along streams where the water is brackish, (b) any tropical tree or shrub belonging to the genus Rhizophora which are mostly low trees growing in marshes or tidal shores. “Watershed” – (a) the region or area drained by a river stream, (b) the ridge of crest line dividing two drainage areas, (c) is a land area drained by a stream or fixed body of water and its tributaries having a common outlet for surface run-off. 6. “Dams”’ – a barrier to obstruct the flow of water especially one of earth, masonry, etc. limited across a stream or river. Section 7B.03. Penalty. Any person who violates this Article shall be punished by a fine of Two Thousand Five Hundred Pesos (P2,500.00) or an imprisonment of six (6) months, or both fine and imprisonment, at the discretion of the Court. 81
Article C. Regulations On The Quarrying Of Sand And Other Quarry Resources Section 7C.01. Regulated Acts. Quarrying of sand and other quarry resources shall be prohibited within Two Hundred Fifty (250) meters at the Cagayan River starting from the waterline of the river bank within Camalaniugan, Cagayan. Section 7C.02. Definition.
“Other Quarry Resources” for purposes of this Article, shall be defined as: any solid matter deposited or in-place at the riverbed. Section 7C.03. Penalty. Any person who violates this Article shall be penalized as follows:
a) First Offense – fine of Five Hundred Pesos (P500.00) or imprisonment of two (2) days at the discretion of the Court. b) Second Offense – fine of One Thousand Pesos (P1,000.00) or imprisonment of four (4) days at the discretion of the Court. c) Third and succeeding offenses – fine of Two Thousand Five Hundred Pesos (P2,500.00) or an imprisonment of six (6) days, or both fine and imprisonment, at the discretion of the court. Fines collected from penalties shall be apprehending barangay and the municipality.
shared
equally by
the
Article D. Regulations On The Hauling Of Sand And Other Quarry Resources Section 7D.01. Regulated Acts. No person shall haul sand and other quarry products from stockpile sites outside of the hereunder prescribed timeframe. Section 7D.02. Administrative Provision. Hauling of sand and other quarry products from stockpile sites shall be conducted daily from 6:00 o’clock in the morning up to 7:00 o’clock in the evening.
Hauling fees which is stipulated in a separate ordinance shall be paid as follows: From 6:00AM to 7:30AM – to the barangay collector detailed at the site; From 7:31AM to 12:00Noon – to the municipal collector assigned at the site; From 12:01PM to 1:00PM – to the barangay collector detailed at the site; From 1:01PM to 4:00PM – to the municipal collector assigned at the site. From 4:01PM to 7:00PM – to the barangay collector detailed at the site. The collector assigned by the Barangay Council of Centro Norte shall collect quarry fees during Saturdays, Sundays and Holidays. 82
All fees collected for the purpose shall be remitted to the Municipal Treasurer of Camalaniugan, Cagayan. Section 7D.03. Penalty . Any person who violates any provision of this Article shall be penalized as follows:
a) First Offense – fine of Five Hundred Pesos (P500.00) or an imprisonment of two (2) days, at the discretion of the Court. b) Second Offense – fine of One Thousand Pesos (P1,000.00) or an imprisonment of four (4) days at the discretion of the Court. c) Third Offense – fine of Two Thousand Five Hundred Pesos (P2,500.00) or imprisonment of six (6) months, or both fine and imprisonment, at the discretion of the Court. Article E. Pissing Ban In Public Places Section 7E.01. Prohibited Acts. It shall be prohibited for any person to do the following unlawful acts within the Municipality of Camalaniugan:
Pissing and/or defecating in streets, public parks and other public places within the municipality of Camalaniugan; Causing, riding or facilitating directly or indirectly a child or minor to piss and/or defecate in the streets, public parks and other public places within the municipality of Camalaniugan. Section 7E.02. Definitions. For the purpose of this Ordinance, the following terms and phrases shall be defined as follows:
Pissing –the discharge of urine from the bladder. Defecating – means the discharge of human waste of feces Person – refers to any individual more particularly those who are thirteen (13) years old and above. Streets, public parks and other public places – refers to places accessible to or shared by people or public. Section 7E.03. Penalties. Any person found violating this Article shall be penalized as follows:
a) First Offense – fine of Two Hundred Pesos (P250.00) imprisonment of one (1) day at the discretion of the Court.
or
b) Second Offense – fine of Five Hundred Pesos (P500.00) or imprisonment of two (2) days at the discretion of the Court. c) Third and succeeding offenses – fine of One Thousand Pesos (P1,000.00) or imprisonment of four (4) days at the discretion of the Court. 83
Minor offenders shall be penalized according to the provisions of RA 9344 otherwise known as “Juvenile Justice and Welfare Act of 2006” and other pertinent laws.
Article F. Protection Of Century Old Edifice and Trees Section 7F.01. Administrative Provisions. It shall be the policy of the Municipal Government of Camalaniugan to accord high priority to the protection and preservation of century old trees and edifices within its jurisdiction.
The following century old trees and edifices, identified with historical values and significance shall be declared preserved and protected against destructive human exploitation: Acacia trees at the Camalaniugan Municipal Cemetery; Acacia trees at the Roman Catholic Church Compound; Acacia trees at the Old Gabaldon Building; Acacia trees at Barangays Afunan-Cabayu; Old Spanish Horno; Ruins of the old Camalaniugan Catholic Church; Section 7F.02. Prohibited Acts. Any person or group of persons shall be prohibited from cutting, slashing or burning any of the afore-mentioned century old trees and to mark, deface, destroy any of the old historical edifices within the jurisdiction of Camalaniugan, Cagayan. Section 7F.03. Penalty. Any person or group of persons found violating any of the provisions of this Article shall pay a fine of Two Thousand Five Hundred Pesos (P2,500.00) or an imprisonment of six (6) months, or both fine and imprisonment, at the discretion of the Court. Article G. Installation Of Depository Box For Rice Husk Section 7G.01. Administrative Provisions. All owners of Rice Millers within the Municipality of Camalaniugan shall be required to install a closed depository box of convenient size into which rice husks are caught and deposited direct from the blowers through tubes of rice milling equipments.
For newly constructed ricemills, no permit to operate shall be issued unless the provisions of Section 7G.01 of this Article shall have been complied with. Existing rice mills shall be given a maximum of three (3) months from the effectivity of this Article to comply with Section 7G.01 of this Article. Section 7G.02. Penalty. Ricemill owners or operators who violates any provision of this Article shall be penalized as follows: 84
a) First Offense – fine of Five Hundred Pesos (P500.00) imprisonment of two (2) days, at the discretion of the Court.
or
b) Second Offense – fine of Seven Hundred Fifty Pesos (P750.00) or imprisonment of three (3) days, at the discretion of the Court. c) Third Offense – fine of One Thousand Pesos (P1,000.00) or imprisonment of four (4) days, at the discretion of the Court, and cancellation of permit/license to operate Article H. Provision Of Waste Container To Work Animals While Traversing Roads Section 7H.01. Regulated Acts. Any owner and/or person having custody of any work animal, such as carabaos, horses, cows and the like is required to provide a waste container to place and/or dispose of the manure and/or waste matter of said work animals when using and/or traveling with said animals along the Barangay Roads, Municipal Streets and National Highways within the jurisdiction of this municipality. Section 7H.02. Penalty. Any person who violates any provision of this Article shall be penalized with a fine of Five Hundred Pesos (P500.00) or imprisonment of two (2) days at the discretion of the Court. Article I. Protection of the Environment from Astray Animals Section 7I.01. No person shall, wittingly or unwittingly, set loose or let go any “dog”, “swine”, cattle” and other members of the bovine family in any public or private places, whether fettered or not. Section 7I.02. Definitions. As used in this Article:
“Cattle” – includes horse, mule, ass, carabao, cow domesticated members of the bovine family.
and
other
“Swine” - includes hogs or pigs. “ Astray Animal” –means an animal which is set loose or not under the complete control of its owner, or the one in-charge, or in the possession thereof, or found roaming around, in public or private places whether fettered or not. “Public Place” - includes national, provincial, municipal or roads, parks, plazas and such other places open to the public.
barangay
“Private Place” – includes privately owned streets, yards, ricefields, farmlands and lots owned by an individual other than the owner of the animal. Section 7I.03. Impounding of Astray Animals. Animals caught astray shall be impounded in a corral or place duly designated for such purpose. Impounded animals shall be released to its owner only upon 85
payment of the corresponding ordinances of this municipality.
poundage fees imposed under
existing
Section 7I.04. Administrative Provisions.
1) Not later than the following day after the animal is impounded, a notice of such impounding shall be posted in at least three (3) conspicuous places including the public market for a period of five (5) days within which owner of the animal is required to claim and establish ownership thereof. 2) If no person shall claim ownership of the animal after the expiration of five (5) days from the date of its impounding, it shall be sold to public auction under the following procedures. a) The Municipal Treasurer shall post a notice for the public auction in at least three (3) conspicuous places including the public market for a period of three (3) days. During the auction sale, the animal shall be sold to the highest bidder. Within two (2) days after the auction sale, the Treasurer shall submit a written report of its proceedings to the Mayor. b) The owner of the animal may stop the said sale by paying at any time, before or during the auction sale, the poundage fee due and the cost of the advertisement and conduct of sale, to the Municipal Treasurer. c) The proceeds of the sale shall be applied to satisfy the cost of impounding, advertisement and conduct of sale. The residue over these costs shall accrue to the General Fund of the municipality. In case impounded animal is not disposed of during the public auction sale, the same shall be considered sold to the Municipal Government for the amount equivalent to the poundage fee due, cost of impounding, advertisement and auction sale. shall apply only in Section 7I.05 Applicability . This Article barangays where there is no existing barangay ordinance dealing on the same subject matter. In case a barangay has an existing barangay ordinance duly reviewed by the Sangguniang Bayan which also pertains to the impounding of astray animals and collection of poundage fees thereof, the said barangay ordinance shall prevail over this Article in the spirit of decentralization and in order to enhance the role of barangay government in nation building. Section 7I.06. Penalty . Any person who violates this Article shall be penalized with a fine of Five Hundred Pesos (P500.00) or an imprisonment of Two (2) days, at the discretion of the court. 86
CHAPTER 8 PUBLIC MORALITY Article A. Illegal Gambling
Section 8A.01. Prohibited Acts. No person, natural or juridical, shall operate, maintain, or conduct any game of chance including “jueteng”, ”tupada”, “cara y cruz”, “nine-nine”, “tong-its” and other games of chance, scheme, or hazard wherein bets or wagers consisting of money, articles or representatives of value, are made, or in exploitation or use of any other mechanical devices or contrivances to determine by chance the loser or winner thereof within the territorial jurisdiction of the Municipality of Camalaniugan. Section 8A.02. Rules and Regulations.
No person shall allow any form of gambling mentioned and embraced in the preceding Section to be conducted or carried on in any real property that he owns or under his administration and control. No person shall participate, directly or indirectly, in any gambling referred to in Section 8A.01 hereof. No person shall possess any ticket, paper or matter containing letters, figures, signs or symbols which pertain to or are connected with the game of “jueteng”, or similar games prohibited herein; nor possess cards, chips and other gambling paraphernalia which have been used, or about to be used, in any illegal gambling mentioned herein. Mere possession of those thing before, during and immediately after the conduct of such illegal gambling shall be considered as a “prima facie” evidence for purposes of this Article. Section 8A.03. Exemptions.
Conduct or holding of “bingo socials”, “popularity contest”, or “raffles” and similar fund-raising activities are exempted from the provisions of this Article, provided, that a permit therefore has been secured from the Office of the Municipal Mayor thru the Department of Social Welfare and Development (DSWD). Fund-raising activities sponsored by the Sangguniang Barangay are exempted from securing a permit from the Office of the Municipal Mayor or the DSWD when said activities shall be undertaken within the territorial jurisdiction of that barangay. Playing “Mahjong” on Saturdays, Sundays and Holidays is allowed provided that the maintainer or persons desiring to play the game in his/her house must secure a permit from the Office of the Municipal Mayor and to pay a permit fee as stipulated in a separate ordinance. Section 8A.04. Applicability Clause. All other matters pertaining to illegal gambling not herein specified shall be governed by the provisions of existing laws, ordinances, rules and regulations. Section 8A.05. Penalty. Any person who violates any provision of this Article shall be punished by a fine of Two Thousand Pesos (P2,500.00) or imprisonment of not more than six (6) months, or both fine and imprisonment, at 87
the discretion of the Court without prejudice to the imposition of a higher penalty under the provisions of existing laws.
Article B. Betting on Sports Contest Section 8B.01. Regulated Acts. No person shall bet or wager money or any object, article or representation of value upon the result of any boxing contest, basketball game, or other kinds of sports competition. Section 8B.02. Penalty. Any person who violates any provision of the preceding Section shall be punished by a fine of not less than One Thousand Pesos (P1,000.00) or an imprisonment of not less than four (4) days, or both fine and imprisonment, at the discretion of the Court. Article C. Prohibition Of Nudity Section 8C.01. Prohibited Acts. Except for minors aged six (6) years old and below, it shall be unlawful for any person to appear nude in all pubic places within the municipality. Section 8C.02 Definition of Terms. The following defined as follows:
Nude - Any person who has no covering upper or lower body.
words
shall be
either or both on his/her
Public Place - Any place open to the people in general specially a place financed by the government like park, market, street, auditorium, including religious, educational and medical institutions Section 8C.03. Penalty. Any person who violates this ordinance shall be penalized as follows:
1st Offense - P250 or one (1) day imprisonment 2nd Offense - P500.00 or two (2) days imprisonment 3rd and succeeding offenses imprisonment
P1,000.00 or
four
(4)
days
Such fine or imprisonment depending upon the discretion of the court. CHAPTER 9 PUBLIC UTILITIES AND FACILITIES Article A. Waterworks System 88
Section 9A.01. Regulated Acts. It is hereby declared unlawful for any person, whether natural or juridical, private or public, to:
Tax, map or caused to be made any connection to the existing Camalaniugan Waterworks System service facilities without previous authority or consent of the CRWSA, and Tax, map or caused to be made any connection to the existing Camalaniugan Waterworks System service facilities of any duly registered consumer without the CRWSA’s authority or consent. Section 9A.02. Administrative Provisions. Due to the huge operational losses and maintenance costs, which was attributed to the low percentage of water bill collections, the services of CRWSS shall be temporarily suspended in all households, business establishments and other private buildings within its coverage area.
The services of the CRWSS shall continue at the Camalaniugan Public Market, Municipal Abattoir and the Camalaniugan Town Hall. Section 9A.03. Penalty. Any person found violating this Article shall be punished by a fine of One Thousand Pesos (P1,000.00) or imprisonment of four (4) days, at the discretion of the Court, for the first offense, a fine of Two Thousand Pesos (P2,000.00) or imprisonment of eight (8) days, at the discretion of the Court, for the second offense, and a fine of Two Thousand Five Hundred Pesos (P2,500) or imprisonment of six (6) months, or both fine and imprisonment, at the discretion of the Court, for the third offense. Article B. Public Market Stalls Section 9B.01. Regulated Acts. To ensure cleanliness, orderliness, sanitation and hygiene and to regulate the use of government properties and facilities, holders/lessors of any stall, except for the twenty-two (22) door two (2) storey building at the Camalaniugan Public Market, are prohibited to utilize the stalls leased to them for residential purposes. Section 9B.02. Penalty. Any person found guilty of violating this Article shall pay a fine of Two Hundred Fifty Pesos (P250.00) or an imprisonment of one (1) day, at the discretion of the Court, for the first offense, a fine of Two Hundred Pesos (P500.00) or and imprisonment two (2) days, at the discretion of the Court, for the second offense and a fine of One Thousand Pesos (P1,000.00) or an imprisonment of four (4) days, at the discretion of the Court for the third offense. CHAPTER 10 GAMES AND AMUSEMENTS Article A. Regulations on the Establishment of Cockpits and Cockfights Conducted Therein Section 10A.01. Regulated Acts. No person shall establish, operate or maintain any cockpit in this municipality without first securing a license therefor from the Sanggunian and no person shall officiate or take part in any kind of duly 89
authorized cockfights being conducted therein either as “promoter”, “pit manager”, “gaffers”, “referee”, “bet manager”, or “bettaker” without a permit therefore from the Municipal Mayor. (Note: For legal basis, see Sec. 447, (3)(v) and Sec. 458, (3)(v) of RA 7160)
Section 10A.02. Definition of Terms. “Cockfighting” – shall embrace and mean the commonly known game or term “cockfighting derby, pintakasi, or hackfight”. “Cockpit” - shall be a place, structure or arena for the cockfighting game, strongly built and spacious enough to accommodate a number of spectators who watch the game. “Zoning Ordinance” – is a municipal regulation which arranges, prescribes, defines and apportions a given political subdivision into specific land uses as present and future projection of needs warrant. “Llamador” – refers to a person who alone or with another initiates a cockfight and/or calls and takes care of bets from owners of both gamecocks and those of other bettors before he orders commencement of the cockfight and thereafter collects and distributes won bets to the winners. “Bet Taker” – a person who calls and take care of bets among bettors. “Bettor” – a person who participates in cockfights and with use of money or other things of value, bets with other bettors or through the BET TAKER. “Gaffer” (Taga Tari) – a person who is knowledgeable in art of arming fighting cocks with gaff or gaffs on either or both legs. “Referee” (Sentenciador) – a person who watches and oversee the proper gaffing of fighting cocks, determines the physical condition of fighting cocks while cockfighting is in progress, the injuries sustained by the cocks and their capability to continue fighting and decides and make known his decision by word or gestures and result of the cockfighting by announcing the winner or declaring a tie or no contest game. “Pit Manager” – is a person tasked in overseeing the cockfights in the
arena. Section 10A.03. Rules and Regulations.
Only Filipino citizens and bonafide residents of Camalaniugan for at least one (1) year, provided, that in cases of partnership, corporation or association, sixty percent (60%) of the ownership thereof must be owned by residents of Camalaniugan, not otherwise inhibited by law shall be allowed to own, manage and operate cockpits. The Sangguniang Bayan is vested with the authority to grant franchise, operate cockpit/s within the municipality. No cockpit shall be established, operated and maintained without first securing a franchise from the Sangguniang Bayan of Camalaniugan. 90
HOLDING OF COCKFIGHTS Cockfighting shall be allowed only in cockpits licensed by the Sangguniang Bayan of Camalaniugan during Sundays and legal holidays and during the celebration of the town fiesta of Camalaniugan for not more than three (3) successive days. Cockfighting may also be allowed to be held during provincial or municipal, agricultural, commercial or industrial fair or exposition for a similar period of three (3) days upon the approval of the Sangguniang Bayan of Camalaniugan, provided, that no cockfighting on the occasion of such a fair or exposition shall be allowed within the month of the celebration of the town fiesta of Camalaniugan or for two (2) occasions a year.
Cockfighting for entertainment of tourist or for charitable purposes – cockfighting may also be allowed for the entertainment of tourist or foreign dignitaries or for returning Filipinos or “balikbayans” or for the support of fund raising campaigns for charitable purposes upon the approval of the Sangguniang Bayan of Camalaniugan in a cockpit licensed by the Sangguniang Bayan of Camalaniugan for a period not exceeding three (3) successive days. Cockfights shall be held starting at 9:00 A.M. to 12:00 Midnight of the same day. In case a derby is held during a regular cockfighting day, a permit for the holding of such derby shall be secured at least three (3) days before the scheduled derby from the Office of Mayor and to be held within the aforescheduled date and time. Gaffers, referees, llamadors, bet taker and pit managers shall not act as such in any cockfight herein authorized without first securing a license, renewable every year from the Municipal Government of Camalaniugan. Only licensed gaffers, referees, llamador, bet taker shall operate in all kinds of cockfighting authorized in this Article. No gambling of any kind is allowed in the premises of the cockpit during cockfights. No minors are allowed inside the cockpit during cockfights. No firearms or deadly weapons are allowed inside the cockpit. No intoxicating liquors shall be allowed inside the cockpit during cockfights. No cockfighting shall be held on December 30 (Rizal Day), June 12 (Philippine Independence Day), November 30 (National Heroes Day) Holy Thursday, Good Friday, Election or Referendum Day and during registration days for such election or referendum or plebiscite or as expressly prohibited by a special law. The operator, owner or licensee shall provide adequate parking area to its patrons. The owner, operator or licensee shall provide adequate lighting and ventilation facilities, potable water supply and shall also at all times maintain 91
sanitary facilities of the cockpit premises including the food stalls and other business establishment therein, provided, that a mayor’s permit and other fees be first secured from the office of the Mayor to operate. The owner, operator or licensee shall have the responsibility to provide security and maintain peace and order within the premises of the cockpit. Section 10A.04. General Guideline in the Establishment of Cockpits . Only one cockpit shall be allowed to operate, except if the Municipality of Camalaniugan has a population of One Hundred Thousand (100,000.00), two (2) cockpits maybe established, maintained, operated upon the approval of the Sangguniang Bayan.
Cockpits shall be constructed and operated within the appropriate areas as prescribed in the zoning ordinance of the Municipality of Camalaniugan, provided, that no cockpit shall be constructed within a radius of two hundred (200) meters from residential or commercial areas, hospitals, school buildings, churches or other public buildings, and 200 to 500 meters from the national highway to avoid congestion and obstruction to smooth traffic flow. Section 10A.05. Penalty. Any violation of the provisions of this Article shall be punished by a fine of Two Thousand Five Hundred Pesos (P2,500.00) or imprisonment of six (6) months, or both fine and imprisonment, at the discretion of the Court . Article B. Regulations on the Operation of Billiards, Pool Halls and Video Games Section 10B.01. Regulated Acts.
a) No business establishment offering billiards, pools and video games shall be allowed to operate within one hundred (100) meters from the school premises in this municipality. b) No business establishment shall rent out video games, billiards or pools to minors during class hours. Section 10B.02. Definition of Term. The following terms used in this Ordinance shall mean as follows:
a) BILLIARDS - a game played on a rectangular, cloth-covered six-pocket table with raised, cushioned edges. A long tapering cue stick is used to propel the cue ball in order to hit and pocket the other balls. b) POOL - a Filipino game played on a four pocket square table with raised edges and usually with twelve (12) plastic chips and a cue chip. c) ONE HUNDRED (100) METERS FROM THE PREMISES – refers to the distance starting from a point on the school fence or the school lot boundaries, whichever is applicable, and up to one hundred (100) meters from that point.
92
d) VIDEO GAME - a computer based or stored electronic game usually played with the aid of hand held controllers or keyboard and with a video monitor. e) TIME OF OPERATIONS – for purposes of this Article the time of operation, shall be from 8:00 A.M. to 9:00 P.M. daily. f) CLASS HOURS - shall mean the time between 7:00 A.M. to 5:00 P.M. during which day classes are normally held; in the case of colleges, from 7:00 A.M. to 9:00 P.M. during which night classes are held. Any person or owner of business Section 10B.03. Penalty. establishment who violates this ordinance shall be penalized as follows:
1st offense ------- P500.00 or two (2) days imprisonment 2nd offense -------P1,000.00 or four (4) days imprisonment 3rd offense---------P2,500.00 or six (6) months imprisonment and cancellation of business permit such fine and imprisonment depending upon the discretion of the Court. Minor offenders shall be penalized according to the provision of RA 9344 otherwise known as Juvenile Justice and Welfare Act of 2006 and other pertinent laws. CHAPTER 11 TRAFFIC RULES AND REGULATIONS Article A. Traffic Rules And Regulations Section 11A.01. Administrative Provision.
This Article shall regulate the flow of traffic and designate parking areas for all types of motorized vehicles, public or private within the vicinity of the Camalaniugan Public Market and Bulala junction. This Article shall be implemented and strictly enforced within the vicinity of the Camalaniugan Public Market and Bulala Junction covering all types of motorized vehicles private and public, common carriers engaged in carrying , transporting or conveying passengers for a fee or fare, delivery trucks and farm implements (kuliglig). Sectoring –
Sector A Sector B Sector C -
covers all public utility buses bound for Southern municipalities. covers passenger jeepneys, multicabs, vans, buses and mini-buses bound for eastern municipalities. tricycles-for-hire plying within the municipality of Camalaniugan
93
C1 – covers tricycles-for-hire plying Bulala to Catotoran Norte and vice-versa with a yellow color code. C2 -
covers tricycles-for-hire plying Bulala to Jurisdiccion to include Bantay and vice-versa with a green color code.
C3 -
covers tricycles-for-hire plying Bulala to J. Olivas, Casili, Minanga and Ziminila and vice-versa with a blue color code.
C4 -
covers tricycles-for-hire plying Bulala to Bulala-East, Afunan-Cabayu, Tuluttuging, Fusina, Cullit and vice-versa with a red color code.
C5 -
covers tricycles-for-hire plying Bulala to Abagao, Paragat, Luec, Tagum and Vice-Versa with a silver color code. This includes tricycles bound for Buguey and Lal-lo.
Sector D Sector E Sector F Sector G -
covers Multicabs for hire bound for Aparri covers commercial/delivery trucks private and government vehicles. farm implements (kuliglig)
Loading and Unloading Areas:
(a) All Public Utility Vehicles coming from Aparri bound for southern and eastern municipalities may UNLOAD at the western shoulder of the National Road (Cagayan Valley Road) infront or before Fronda’s Residence. (b) All Public Utility Vehicles coming from Aparri bound for southern municipalities shall LOAD AND UNLOAD at the western shoulder of the National Road infront or after the vacant lot south of the Cauayan Rural Bank. (c) All Public Utility Vehicles coming from Aparri bound for eastern municipalities shall LOAD AND UNLOAD at the southern shoulder of the Dugo-San Vicente-Road (DSVR) after Evangelista’s Store. (d) All Public Utility Vehicles coming from southern municipalities bound for Aparri and eastern municipalities may UNLOAD at the eastern shoulder of the National Road before Ryda Erinne Auto Supply. (e) All Public Utility Vehicles coming from southern municipalities bound for eastern municipalities shall LOAD AND UNLOAD at the southern shoulder of the DSVR after Evangelista’s Store. (f) All Public Utility Vehicles coming from southern municipalities bound for Aparri shall LOAD AND UNLOAD at the eastern shoulder of the National road infront or after B-Lite. (g) All Public Utility Vehicles coming from the eastern municipalities bound for Aparri and southern municipalities shall UNLOAD at the northern shoulder of the DSVR infront or before Vicky’s vacant lot. 94
(h) All Public Utility Vehicles coming from eastern municipalities bound for Aparri shall LOAD AND UNLOAD at the eastern shoulder of the National Road infront or after B-Lite. (i) All Public Utility Vehicles coming from eastern municipalities bound for southern municipalities shall LOAD AND UNLOAD at the western shoulder of the National Road infront or after the vacant lot south of Cauayan Rural Bank. (j) C2 tricycles shall LOAD AND UNLOAD at the eastern shoulder of the National Road infront of the Mini Park at the New Market Tienda Building. Prohibited Loading and Unloading Areas:
(a) (b)
Along the National Road and shoulder for Public Utility Vehicles after Fronda’s Residence to Cauayan Rural Bank. Along the National Road for Public Utility Vehicles coming from Aparri bound for eastern municipalities from Chan’s Warehouse to Evangelista’s Store.
(c)
Along the National Road for Public Utility Vehicles coming from southern municipalities bound for eastern municipalities after Ryda Erinne Auto Supply to Evangelista’s Store.
(d)
Along the National Road for Public Utility Vehicles coming from eastern municipalities bound for Aparri from Aglipay’s residence to Quintero’s Residence (before B-Lite) except for the designated loading, unloading and parking/waiting areas for C1, C2 tricycles and multicabs.
(e)
Along the National Road for Public Utility Vehicles coming from eastern municipalities bound for southern municipalities from Aglipay’s residence to Cauayan Rural Bank.
Designated Parking Areas/Terminals:
Sector A -
shall park-in-wait for passengers at the western shoulder of the National Road after Cauayan Rural Bank
Sector B -
shall park-in-wait at the southern shoulder of the DSVR infront of FK Enterprises to Petron Station.
Sector C C1 -
shall park-in-wait along the eastern shoulder of the National Road from the north perimeter fence of the Camalaniugan Public Market to Quintero’s Residence.
C2 -
shall park-in-wait along the eastern shoulder of the National Road infront of the Mini Park at the newly constructed chain of market tienda stalls of the Camalaniugan Public Market, provided, that a maximum of three tricycles shall only be allowed to park at the waiting area. Other tricycles shall park 95
at the western shoulders of the National Road in front of the Shell Station. C3 -
shall park-in-wait at the eastern shoulder of the Aglipay Road Extension north of Baluyot’s Residence to Cabal’s Building
C4 -
shall park-in-wait at the eastern shoulder of the Aglipay Road Extension infront of Relon’s residence
C5 -
shall park-in-wait at the eastern shoulder of Aglipay Road infront of Lucero’s residence
Sector D -
shall park-in-wait along the eastern shoulder of the National Road infront of JC Arellano Motor and Bicycle Parts, Provided, that only two (2) Multicabs shall be allowed to park at the waiting area. Other Multicabs shall park at the eastern shoulder of the National Road infront or before Gonzaga’s Residence.
Sector E -
shall park at the western shoulder of the Aglipay Road Extension from Puyaoan’s vacant lot to the north perimeter fence of the Camalaniugan Public Market.
Sector F -
shall park infront of the 2-storey, 22-door market tienda building.
Sector G -
Farm implements (Kuliglig)
a.
Kuliglig coming from eastern municipalities utilizing the DSVR shall park at the northern shoulder of the DSVR infront or before De La Cruz Welding Shop.
b.
Kuliglig coming from eastern Barangays utilizing the Bulala-Ziminila Provincial Road shall park at the southern shoulder of the Bulala-Ziminila Provincial Road west of the NIA Irrigation Canal.
c.
Kuliglig from Aparri and northern Barangays of Camalaniugan shall park at the eastern shoulder of the National Road infront or before Estaris Residence.
d.
Kuliglig coming from southern municipalities and southern Barangays of Camalaniugan utilizing the Aglipay Road shall park before the southern gate of the Camalaniugan National High School.
Parking of all types of public utility vehicles shall be strictly prohibited the following areas from 6:00 AM to 6:00PM
in
(a) Along the western shoulder of the National Road from Chan’s Warehouse to Cauayan Rural Bank except for C2 tricycles which are allowed to park infront of Shell Station. 96
(b) Along the Southern shoulder of the DSVR from Vicky’s enterprises to Evangelista’s Store. (c) Along the eastern shoulder of the National Road from Warlito’s Restaurant to B-Lite except for the designated loading, unloading and parking/waiting areas for C1, C2 tricycles and multicabs. (d) Along the northern shoulder of the DSVR from Chan’s vacant lot to JC Arellano Motor and Bicycle Parts. Miscellaneous Provisions:
(a) No U-turn at the National Road in between the Police Outpost at Dugo Junction to Puyaoan’s Clinic. (b) The Aglipay Road Extension shall be designated as a one way traffic from the Bulala-Ziminila Provincial Road up to the DSVR. C3 tricycles bound for Casili, Minanga and Ziminila utilizing the BulalaZiminila Provincial Road may counter the flow of traffic from their terminal/parking areas going northward. (c) The Aglipay Road shall be designated as a one way traffic from the DSVR up to the Arellano Street. (d) The access road inside the Camalaniugan Public Market infront of the newly constructed market tienda stalls shall be utilized by light vehicles only from the National Road to the Aglipay Road Extension. (e) The access road inside the Camalaniugan Public Market infront of buildings A and B maybe utilized by motorized vehicles including delivery vans for unloading purposes. The access road shall be a one way traffic from the Aglipay Road Extension to the National Road. (f) Delivery trucks may be allowed to unload infront of the business establishment where the cargo such as construction materials, feeds, fertilizer, glasswares, etc., will be unloaded from one o’clock to four o’clock in the afternoon. This ordinance shall be strictly enforced daily from 6:00 o’clock in the morning to 6:00 o’clock in the evening. Section 11A.02. Penalty. Any person found violating any of the provisions of this Article shall be fined as follows:
a) First Offense – Two Hundred Fifty Pesos (P250.00) or an imprisonment of one (1) day, at the discretion of the Court. b) Second Offense - Five Hundred Pesos (P500.00) or an imprisonment of two (2) days, at the discretion of the Court. c) Third and succeeding Offenses - One Thousand Pesos (P1,000.00) or an imprisonment of four (4) days, at the discretion of the Court. 97
Article B. Regulation On Tricycle Operation Section 11B. 01. Regulated Acts. No person, natural or juridical, shall operate any motorized tricycle-for-hire in this municipality without first securing a “franchise” therefore from the Sangguniang Bayan and paying the corresponding fees imposed under existing tax ordinances. Section 11B.02. Definition Of Terms. understood in the sense indicated hereunder:
The following terms shall be
“Tricycle-for-hire” – is a motor vehicle composed of a motorcycle fitted with a single wheeled sidecar or a motorcycle with a two-wheeled cab (Motorella) operated to render transport services to the general public for a fee. “Motorized Tricycle Operator’s Permit” (MTOP) – is the document granting a franchise or license to operate issued to a person, natural or juridical, allowing him/her/it to operate a tricycle-for-hire over routes specified therein. “Zone” – is a contiguous land area such as a barangay or a municipality, where a tricycle may operate without a fixed origin and destination. “Board” – refers to the Camalaniugan Franchising and Regulatory Board (CFRB) created by the Sangguniang Bayan to process and recommend to the latter the approval or disapproval of applications for the issuance, amendment, revision, renewal, suspension, cancellation of Motorized Tricycle Operator’s Permit (MTOP). “Secretariat” – refers to the administrative arm of the Board wherein documents with regard to franchising of motorized tricycles are processed and reposed. It is administered by the Office of the Secretary to the Sangguniang Bayan. “Colorum” – tricycles operating within the territorial jurisdiction of Camalaniugan without a valid franchise from the Camalaniugan Franchising and Regulatory Board. Section 11B.03. Administrative Provision.
COMPOSITION OF THE CAMALANIUGAN FRANCHISING AND REGULATORY BOARD. The Camalaniugan Franchising and Regulatory Board shall be composed of the following: Board Chairperson-----SB Chairman, Committee on Transportation and Communications Members------------------SB Chairman, Committee on Public Safety SB Chairman, Committee on Legal Matters SB Chairman, Committee on Barangay Affairs POWERS, DUTIES AND FUNCTIONS OF THE BOARD. The Board shall exercise the following powers, duties and functions: a) Accept, evaluate, process and recommend to the Sangguniang Bayan the approval or disapproval of applications for the issuance, amendment, revision, renewal, suspension, or cancellation of Motorized Tricycle Operator’s Permit (MTOP) 98
b) Determine the number of allowable passengers for each type of tricycle. i.e. Six (6) including driver for motorcycles fitted with a singlewheel sidecar. Nine (9) or Eleven (11) including driver for motorcycles fitted with a 2-wheeled cab (motorella) depending upon the design/sitting capacity of the tricycle. c) Identify the different routes within the municipality of Camalaniugan and to recommend the appropriate fare rates thereon to the Sangguniang Bayan.
d) Accept petitions for fare rate increase, conduct public hearings thereon and recommend the appropriate fare rates thereafter to the Sangguniang Bayan. e) Formulate the proper documentary forms to enable it to execute its mandated functions. f) Formulate additional rules and regulations pertaining to the operation of motorized tricycles, with such rules and regulations subject to the approval of the Sangguniang Bayan. g) Exercise such other powers and perform such other duties and functions as may be prescribed by law or ordinance. h) Recommend for the issuance of a Mayor’s Permit. SECRETARIAT. The Office of the Secretary to the Sangguniang Bayan shall serve as the Secretariat to the Board and provide the latter with administrative, clerical and technical support services. The Secretariat shall accept all applications for the issuance or renewal of MTOPs, including petitions for the amendment, revision, suspension or cancellation of the same, and submit them to the Board for deliberation and proper action. In this connection, this office shall be entitled to an appropriate annual budget to cover the expenses brought about by its added duties and responsibilities. VALIDITY OF THE FRANCHISE APPLICATION FEE. The validity of the franchise application fee shall be within sixty (60) days from the time it was paid. Failure on the part of the operator to file his/her complete franchise application with the Board Secretariat within the period shall invalidate such payment and result in its automatic forfeiture in favor of the municipality. TIME OF PAYMENT. The fees imposed in this article shall be paid to the Municipal Treasurer or his/her duly designated representative upon filing of application or renewal for the required permit. No application for MTOP, fare rate increase or amendment shall be given due course without the Official Receipt/s attached to it showing that the corresponding fees were paid. ILLEGAL OPERATION. No tricycle-for-hire either for passenger or cargo or both, shall operate in this municipality without a MTOP from the Sangguniang Bayan and a corresponding permit from the Office of the Mayor. APPLICATION FORMS AND VENUE OF FILING. Application forms shall be secured from and filed with the Office of the Secretary to the Sanggunian together with the required supporting documents.
99
VALID LTO REGISTRATION PAPERS. No MTOP shall be granted unless the applicant is in possession of units with valid registration papers from the Land Transportation Office (LTO) QUALIFICATION OF TRICYCLE DRIVERS. Operators shall only employ drivers who are duly licensed by the LTO for tricycles-for-hire. TIME AND FILING AND REQUIRED DOCUMENTS FOR A MTOP. An application for a MTOP may be filed any time of the year using the appropriate franchising forms and submitted together with the other documents listed hereunder: Proof of ownership (Original Purchase Receipt, Deed of Sale, Deed of Conditional Sale or Registration Papers); Community Tax Certificate Proposed route/s with corresponding rates; Certified photocopy of Certificate of Registration in the name of the applicant of the units to be used. Certified photocopy of latest Official Receipt issued by the LTO in the name of the applicant for the units to be used. A duly certified photocopy of a common carrier’s insurance certificate sufficient to answer for any liability to passengers and third parties in case of accidents; A 5R size picture of the applicant beside his/her tricycle for easy determination of its usage; Road worthiness certification from the Board; and Affidavit of the applicant stating that his/her tricycle will be driven only by a person with a Professional Driver’s License with restriction 1. Mayor’s Permit to operate a tricycle. Police Clearance from the applicant’s usual place of residence. Provided, that applicants residing outside the Municipality of Camalaniugan but do tricycle business in the municipality shall secure a police clearance from the Municipality of Camalaniugan. INSTALLATION OF SAFETY GADGETS. All operators of tricycles-for-hire operating within the Municipality of Camalaniugan are required to install/attach the following safety gadgets to their tricycle. Headlight Flashers/Signal Lights (Front and Rear) Stoplights Tail Lights Horn Side Mirrors 1) PENALTIES - For violation of this Section. a) First Offense - fine of Two Hundred Fifty Pesos (P250.00) or an imprisonment of one (1) day, at the discretion of the Court. b) Second Offense - fine of Five Hundred Pesos (P500.00) or an imprisonment of two (2) days, at the discretion of the Court.
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c) Third and succeeding offenses- fine of One Thousand Pesos (P1,000.00) or an imprisonment of four (4) days, at the discretion of the Court. CONSIDERATION AND APPROVAL OF APPLICATIONS. MTOP applications endorsed by the Board to the Sangguniang Bayan may be reported out and sponsored by the Committee on Transportation and Communications during any regular or a special session called for this purpose. AMENDMENT OF MTOP. A MTOP is non-transferable whenever there is a change of ownership. Such change of ownership shall be construed as an amendment thereto and any amendment shall require appropriate approval from the Sangguniang Bayan upon the recommendation of the Board. If the new owner opts to apply for a new franchise, the unit’s previous franchise shall be deemed automatically cancelled upon the issuance of a new franchise. COLOR CODING. All tricycles-for-hire operating within the Municipality must use specific color in accordance with the following color scheme assigned to each cluster of barangays to wit: a. Green ----------------------- Bulala to Jurisdiction including Bantay b. Yellow ---------------------- Bulala to Catotoran Norte c. Blue ------------------------- Bulala to Casili, Minanga & Ziminila d. Red -------------------------- Bulala to Afunan, Tuluttuging, Fusina & Cullit e. Silver ------------------------ Bulala to Abagao, Paragat & Luec The Prescribed Color code should be painted horizontally around the center car with a width of four inches (4”) and one inch (1”) of white color to serve as a lining on both sides of the color code. The color code should be painted not lower than eight inches (8”) from the bottom of the window of the center car. Penalties - Tricycle-for-hire not using the prescribed color code shall be penalized as follows: a) First Offense – warning b) Second Offense – fine of Two Hundred Fifty Pesos (P250.00) or an imprisonment of one (1) day, at the discretion of the Court. c) Third Offense - fine of Five Hundred Pesos (P500.00) or imprisonment of two (2) days, at the discretion of the Court, and Cancellation of permit/MTOP DRIVER’S IDENTIFICATION CARD – All drivers of tricycles-for-hire operating within the Municipality of Camalaniugan are required to wear/display an identification card on their chest while plying their respective routes. The Identification Card shall be at the expense of and secured by the Driver from the Treasurer’s Office of Camalaniugan, Cagayan Penalties – Any violation of this section shall be penalized as follows: First Offense--- warning
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Second Offense--- fine of Two Hundred Fifty Pesos (P250.00) or imprisonment of one (1) day, at the discretion of the Court. Third Offense--- fine of Five Hundred Pesos (P500.00) or imprisonment of two (2) days, at the discretion of the Court. PROVISION OF TRASH RECEPTACLE – Drivers of Tricycles-for-hire operating within the jurisdiction of the Municipality of Camalaniugan are required to provide twin/two plastic waste receptacles/containers in their tricycles for passengers to throw their bio-degradable and degradable waste.
Penalties – Drivers caught violating this ordinance shall be penalized as follows: First Offense ---- warning Second Offense---- fine of Two Hundred Fifty Pesos (P250.00) or imprisonment of one (1) day, at the discretion of the Court. Third Offense---- fine of Five Hundred Pesos (P500.00) or imprisonment of two (2) days, at the discretion of the Court. RULES AND REGULATIONS – all operators/drivers of motorized tricycles for hire must comply with the following Rules and Regulations: a) A Motorized Tricycle Operator’s Permit (MTOP) shall be valid for three (3) years from the date of issue; b) Only Filipino citizens who are bonafide residents of Camalaniugan, Cagayan and corporations, partnerships, cooperatives and associations with Filipino equity whose principal offices are based in Camalaniugan are qualified to be operators of Tricycles-for-hire; c) No motorized tricycle-for-hire shall be allowed to carry passengers or goods more than it is designed for. d) Public motorized tricycle-for-hire are not allowed to collect more than or less than the prescribed fare rate as provided for in the existing Municipal Ordinance of Camalaniugan. Fare Matrix shall be displayed conspicuously inside the tricycle fronting the passenger; e) Each tricycle unit shall, aside from its LTO Plate Number, be assigned and bear an Identification Number Plate to be issued by the Office of the Municipal Mayor of Camalaniugan upon payment of the required fee for the cost of the plate. For easy identification, the Identification Number shall be painted in red color at the bottom center of the windshield of the tricycle prefixed with the alpha numeric code of its assigned route in the following specification: Height ----------------- 4 inches Width ------------------ 3 inches Thickness ------------- 1 inch 102
EX – C1-001 for C1 route assigned with a 001 Identification Number Plate. f) An operator wishing to stop service completely, or to suspend service for more than one (1) month, should report in writing such termination or suspension to the Sangguniang Bayan which originally granted the MTOP prior thereto. Transfer to another service area may be permitted upon application; g) A tricycle for hire shall be allowed to operate like a taxi service, i.e. service is rendered upon demand and without a fixed route within a service area; h) Tricycles coming from other municipalities are prohibited to operate and convey passengers within the Municipality’s jurisdiction except to convey passengers from the municipality where they come from up to the terminal designated for them provided they secure a Mayor’s Permit upon payment of a permit fee as stipulated in a separate ordinance; i) No tricycle for hire shall refuse to transport a passenger provided the passenger pays the prescribed fare. A tricycle not conveying a passenger shall put up a “NOT FOR HIRE” sign in front of the tricycle so that the public may know; j)
Tricycle drivers are prohibited from wearing shorts, sandos, and slippers while driving their tricycle regardless of time;
k) Tricycles-for-hire are prohibited to operate on national highways utilized by 4-wheel vehicles greater than four (4) tons and where normal speed exceeds forty (40 KPH) except when there is no other alternative route; CANCELLATION OF FRANCHISE – Any franchise not renewed within a period of one (1) year from its expiry date is hereby deemed automatically cancelled. FARE STRUCTURE – . Fare Structure – Tricycle drivers shall charge the following rates: ROUTE C1
C2
FARE Camalaniugan Public Market – Catotoran Norte and Vice-Versa Pupil Student General Public Senior Citizen/Disabled Person Camalaniugan Public Market – Jurisdiccion and Vice-Versa Pupil Student General Public Senior Citizen/Disabled Person
P3.00 P6.00 P9.00 P7.20
P3.00 P6.00 P9.00 P7.20 103
C3
C4
Camalaniugan Public Market – Bantay and ViceVersa Pupil Student General Public Senior Citizen/Disabled Person Camalaniugan Public Market – Ziminila and ViceVersa Pupil Student General Public Senior Citizen/Disabled Person Camalaniugan Public Market – Minanga and Vice-Versa Pupil Student General Public Senior Citizen/Disabled Person Camalaniugan Public Market – Casili and ViceVersa Pupil Student General Public Senior Citizen/Disabled Person Camalaniugan Public Market – Biga (Labio’s residence) and Vice-Versa Pupil Student General Public Senior Citizen/Disabled Person Camalaniugan Public Market – Biga (after Labio’s residence) and Vice-Versa Pupil Student General Public Senior Citizen/Disabled Person Camalaniugan Public Market – J. Olivas and Vice-Versa Pupil Student General Public Senior Citizen/Disabled Person Camalaniugan Public Market – Bulala East and Vice-Versa Pupil Student General Public Senior Citizen/Disabled Person Camalaniugan Public Market – Afunan-Cabayu and Vice-Versa Pupil Student General Public
P3.00 P6.00 P7.00 P5.60
P3.00 P7.00 P12.00 P9.60
P3.00 P7.00 P12.00 P9.60
P3.00 P6.00 P10.00 P8.00
P3.00 P8.00 P15.00 P12.00
P4.00 P10.00 P20.00 P16.00
P3.00 P6.00 P9.00 P7.20
P3.00 P6.00 P7.00 P5.60
P3.00 P6.00 P7.00 104
Senior Citizen/Disabled Person Camalaniugan Public Market – Tuluttuging and Vice-Versa Pupil Student General Public Senior Citizen/Disabled Person Camalaniugan Public Market – Fusina and ViceVersa Pupil Student General Public Senior Citizen/Disabled Person Camalaniugan Public Market – Cullit (Highway) and Vice-Versa Pupil Student General Public Senior Citizen/Disabled Person
P5.60
P3.00 P6.00 P8.00 P6.40
P4.00 P7.00 P10.00 P8.00
P4.00 P7.00 P9.00 P7.20
Camalaniugan Public Market – Cullit (Bantay) and Vice-Versa
C5
Pupil Student General Public Senior Citizen/Disabled Person Camalaniugan Public Market – Abagao (Highway) and Vice-Versa Pupil Student General Public Senior Citizen/Disabled Person Camalaniugan Public Market – Abagao (Bantay) and Vice-Versa Pupil Student General Public Senior Citizen/Disabled Person Camalaniugan Public Market – Paragat and ViceVersa Pupil Student General Public Senior Citizen/Disabled Person Camalaniugan Public Market – Luec and ViceVersa Pupil Student General Public Senior Citizen/Disabled Person Camalaniugan Public Market - Tagum and ViceVersa
P5.00 P10.00 P14.00 P11.20
P4.00 P6.00 P8.00 P6.40
P5.00 P9.00 P12.00 P9.60
P5.00 P9.00 P12.00 P9.60
P3.00 P8.00 P9.00 P7.20
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Pupil Student General Public Senior Citizen/Disabled Person
P5.00 P8.00 P12.00 P9.60
The fare rates for students shall apply only from Monday to Friday in compliance with Memorandum Circular Number 2005-014 of the Land Transportation and Regulatory Board which states:
“Students can only avail of the twenty percent (20%) discount during the school year from Mondays to Fridays. Said fare discount cannot be availed of on Saturdays and Sundays, legal and special legal holidays, Christmas and summer breaks. Post graduate students (those taking up medicine, law, masteral, doctoral degrees and the like) cannot avail of the said fare discount.”
Provided that, if classes or school activities are held on Saturdays and Sundays, pupils and high school/college students could avail of the 20% fare discount. All passengers bound to the government offices at the Camalaniugan Town Hall compound, regardless of their point of origin, shall be conveyed/transported thereat without additional charges. The fare rates for each route shall be posted or displayed in a place inside the tricycle where it could be clearly viewed by the passengers. Section 11B.04. Penal Provisions. The following unlawful acts, when committed within the territorial limits of the Municipality shall be punishable by penalties indicated hereunder: a) Any person operating or driving a tricycle-for-hire without the necessary MTOP shall be punished by a fine of not less than Five Hundred Pesos (P500.00) but not exceeding One Thousand Pesos (P1,000.00) or imprisonment of not less than two (2) days but not exceeding four (4) days, or both fine and imprisonment, at the discretion of the court. b) Over speeding--------------------fine of One Hundred Pesos (P100.00) c) Unregistered Motorcycle------ fine of Three Hundred Pesos (P300.00) d) Unlicensed driver ---------------fine of Three Hundred Pesos (P300.00) e) Overloading-----------------------fine of Three Hundred Pesos (P300.00) f) Overcharging--------------------- fine of Two Hundred Pesos (P200.00) g) Refusal to convey Passengers--fine of One Hundred Pesos (P100.00) h) Driving under the Influence of Liquor/Prohibited Drugs ---- fine of One Thousand Pesos (P1,000.00) i) Driving in Short/Sando/Slippers—fine of One Hundred Pesos (P100.00) 106
j) Reckless/Arrogant/Discourteous---(P100.00)
fine
of
One Hundred Pesos
CHAPTER 12 MISCELLANEOUS PROVISIONS Article A. Registration and Transfer of Large Cattle Section 12A.01. Regulated Acts. Owners of large cattle are hereby required to register his ownership or transfer or ownership thereof with the Office of the Municipal Treasurer and pay the corresponding fees being imposed under existing tax ordinances. Section 12A.02. Definition. As used in this Article, the term:
“Large Cattle” – includes a two (2) year old horse, mule, ass, carabao, cow or other domesticated members of the bovine family. Section 12A.03. Administrative Provisions.
1. The owner of the two-year old large cattle is hereby required to register the said cattle with the Office of the Treasurer. All branded and counterbranded animals presented to the Municipal Treasurer shall be registered in a book showing among others, the name and residence of the owner, and the class, color, sex, brand and other identifying marks of the cattle. 2. The transfer of large cattle, regardless of age, the use of brand, shall likewise be registered with the Office of the Municipal Treasurer. The entry in the registry book shall set forth among others, the name and residence of the owners and purchaser, the consideration or purchase price of the animal in cases of sale or transfer, and the class, color, age, sex, brand and other identifying marks of the large cattle. These data shall also be stated in the Certificate of Ownership issued to the owner thereof. 3. If the large cattle is sold or the ownership is transferred to another person, the names and residences of the vendor or transferor and the vendee or transferee, and/or reference by number to the original certificate of ownership with the name of the local unit that issued it shall likewise be indicated in the transfer certificate of ownership. No entries of transfer shall be made or certificate of transfer shall be issued by the Municipal Treasurer except upon the production of the original certificate of ownership and certificate of transfer and such other documents that show title to the owner. Section 12A.04. Penalty. Any person who violates the provisions of this Article shall be punished by a fine of not more than Two Thousand Five Hundred Pesos (P2,500.00) or imprisonment of not more that six (6) months, or both fine and imprisonment, at the discretion of the Court. Article B. General Rules and Regulations
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Section 12B.01. On the Operation of Cafes, Restaurants, Refreshment Parlors, Carinderias, Soda Fountain Bars, Food Catering Services and similar establishments.
No operators of the above-mentioned establishments or trade activities shall employ any cook or food dispenser without a Food Handler’s Certificate or appropriate Health Certificate from the Municipal Health Officer, renewable every year, preferably on the birth month of the permitee. Establishments selling cooked and readily edible foods shall have them adequately covered and protected from dust, flies and other insects and shall follow strictly the existing laws or ordinances and the rules and regulations on sanitation promulgated by the Municipal Health Officer. Section 12B.02. On the Operation of Sauna Bath, Massage Clinics, Barbers Shops, Beauty Parlors and similar establishments.
No operators of the above-mentioned establishments shall employ any masseurs, barbers and beauticians without the corresponding medical certificate issued by the Municipal Health Officer. Location – No massage parlor, sauna bath and other similar establishments shall be located within a distance of fifty (50) lineal meters from any public building, school, hospital or church. Building requirement – massage parlors, sauna baths and other similar establishments shall be well-lighted leaving no dark corners and shall be maintained under good sanitary condition at all times. There shall be no private room nor separate compartments, except for lavatories, dressing rooms for ladies and the kitchen. Section 12B.03. On the Operation of Funeral Parlors, Memorial Chapels and Mortuaries.
Funeral parlors, rendering embalming services shall not be allowed to operate without an embalmer duly licensed or authorized by the Department of Health. Definition of Terms. As used in this Section, the term: “Mortuary” – refers to a funeral establishment with chapels, embalming facilities and offering funeral services. “Memorial Chapel” – refers to a funeral establishment with chapels and funeral services without embalming facilities. Funeral Parlors – refers to a funeral establishment offering funeral services only without embalming facilities. “Chapel” - is a place where the deceased is temporarily laid to rest for viewing by the mourners. It is also called “Reposing” or “Slumber Rooms”.
General Guidelines
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a)
Funeral parlors/memorial chapels/mortuaries shall not be allowed within residential areas. Compatible uses are commercial, institutional and industrial zones. b) No funeral establishment/s shall be allowed in flood prone areas. c) Funeral establishment/s shall be at a minimum radial distance of five hundred (500) meters from existing hospitals. d) Funeral establishment/s shall be at a minimum radial distance of fifty (50) meters from existing food centers, restaurants, wet and dry markets, slaughterhouses and food processing centers. Section 12B.04. On the Operation of Hotels, Motels, Taverns, Inns, Lodging Houses, Pensionne Houses and other similar establishments.
No permit shall be issued to operators of Hotels, Motels, Taverns, Inns, Lodging Houses, Pensionne House and other similar establishments without the same being inspected by the Municipal Health Officer, Fire Safety Inspector and Building Inspector or their duly authorized representative. The said officials shall include in their recommendations a statement that they have inspected the place and found it to have complied with the rules and regulations being implemented by their respective offices. The said establishments shall keep a registry or record of its guests, patrons, lodgers, customers or boarders, as the case may be, which shall be open to inspection by the Mayor or his authorized representative. The registry or record shall contain the following name and permanent residence of the guests, Community Tax Certificate’s number, date and place of issue, or number of ID Card and such other data as may be required. Section 12B.05. On the Operation of Night or Day clubs, Bars, Cocktail Lounges, Beer Houses, Beer Gardens, Disco Pubs, Pub Houses and similar establishments.
a)
Location – No nightclubs, cabarets, bars, cocktail lounges, beer houses, beer gardens, disco pubs, or pub house shall be established within a radius of two hundred (200) lineal meters from any educational religious or public institutions such as, school, colleges, universities, hospitals or clinics, churches or chapels, or government offices. b) Days and hours of operation – No nightclubs, day clubs, cabarets or dancing establishments shall be opened to the pubic, except from 5:00 o’clock in the afternoon to 12:00 o’clock midnight everyday. However, during Saturdays, days preceding official holidays and during town fiestas, they may be opened until 2:00 o’clock in the morning of the following day. In case any of these establishments is also duly licensed to operate a regular restaurant, café or refreshment parlor, it may remained open before or after said hours to serve only meals or refreshments, without permitting dancing to take place therein. c) Prohibition – No operator or person in charge of the above-mentioned establishments shall:
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serve, or caused to be served, to persons who are below eighteen (18) years of age, any kind of intoxicating beverages, such as liquor, wine or other distilled spirits, inside their establishments. Admit, or cause to be admitted, any person carrying firearm or other kinds of deadly weapon inside the said establishments except police officers who are performing their official duties. Employ any person who is below eighteen (18) years of age, as bartended, waiter, waitress, guest relations officer or entertainer and the like. In the case of bartender, professional dancer, guest relations officer or entertainer, and those having similar occupation or calling, they shall pay the “occupation fee” prescribed in this Code before they can practice their respective occupation or calling. The official receipt issued therefore shall serve as their permit or license to practice their occupation or calling.
Section 12B.06. On the Operation of Dancing Schools establishments offering ballroom dancing and similar activities.
or
a)
Location – No dancing schools or establishments offering ballroom dancing and similar activities shall be established within a distance of one hundred (100) lineal meters from any educational, religious or public institutions such as, school, colleges, universities, hospitals or clinics, churches, or chapels, or government offices. b) Days and Hours of operation – No dancing schools or dance hall shall be opened to the public, except from 5:00 o’clock in the afternoon to 12:00 o’clock midnight everyday. However, during Saturdays, days preceding official holidays and during town fiestas, they may be opened until 2:00 o’clock in the morning of the following day. In case any of these establishments is also duly licensed to operate a regular restaurant, café or refreshment parlor, it may remain opened before or after said hours to serve only meals or refreshments, without permitting dancing to take place therein. c) Building Requirements In each dancing school or establishments offering ballroom dancing, the dancing space shall be properly ventilated, or well-lighted and maintained under sanitary conditions at all times particularly whenever that establishment is open to the public. Both the entrance and exit doors shall be constructed to open outward. In these establishments there shall be no private rooms nor separate compartments, except those assigned for lavatories, dressing rooms for ladies, bar and kitchen. There shall be in this establishments at least two sets of lavatories, one exclusively for women and another for men. Section 12B.07. On the Operation or Establishment of Cottage Industries. Definitions. As used in this Section, the term: Cottage Industry – refers to a modest economic activity of a person, firm, corporation or cooperative for profit using primarily indigenous raw materials in the production of various articles that generally involve craftsmanship, artistic 110
skills and tradition of the country. Also, the total assets of the industry shall not exceed Two Hundred Fifty Thousand Pesos (P250,000.00) at the time of the registration. This may be classified as follows: a) Handicraft Industry – refers to that sector requiring manual dexterity and artistic skills in the production of utility products, decorative articles and items of personal use that generally highlight traditional and artistic features typical of a country; b) Metalcraft Industry – refers to that sector using metal and/or its alloys as principal raw material component in producing articles such as brasswares, cutlery items, fabricated tools, implements and equipment and other requiring a certain degree of craftsmanship in the making thereof including the making of jewelry items involving the use of metals and/or its alloys in combination with semi-precious or artificial stones. c) Furniture Industry – refers to that sector producing articles such as beds, chairs, tables, shelves, stools, sofas, cabinets and other material component or a combination thereof including the use of upholstery materials; d) Garment Industry – refers to that sector consisting of ready made apparel or ready to wear garments including such related production activities like knitting, crocheting, embroidery, beadwork and the weaving of native clothing materials or fabrics; e) Ceramic Industry – refers to that sector consisting of such products or articles such as potteries, hollow blocks, tiles, firebricks, clay stove and other products using clay, cement and/or plaster of Paris as raw materials component; f) Food Processing Industry – refers to that sector consisting of products and/or food items arising from processing activities requiring knowledge or expertise on food technology and food preservations; g) Complementation Industry – refers to that sector responding for the production or manufacture of articles which complement, supplement or form part of a separate or incomplete articles of sub-assembly to make it whole or complete and/or replace missing or defective parts of tools, implement, equipment or assembles including the manufacture or fabrication of component parts, machine parts, electronic and radio parts, watch components and others; h) Other related crafts and industries – refers to that sector whose product lines or items of manufacture are not classified elsewhere or defines under PD 1788. Location of Cottage Industry
Cottage Industries may be located within a residential area subject to the following conditions: 1) Workers shall be limited at a maximum number of ten (10) otherwise it shall be located outside the residential area; 2) Amount of capitalization shall not exceed Two Hundred Fifty Thousand Pesos (P250,000.00) at the time of application for a locational clearance otherwise the industry shall be required to locate outside residential area; 3) Type of equipment to be used shall consist only of hand drive tools and simple electrical/mechanical devices; 111
4) That the equipment or devices to be used shall not cause any noise or sound exceeding fifty-five (55) decibels during daytime and fifty (50) during evening; 5) That the neighbor of the operator thereof shall be adversely affected by the operation of such cottage industry. Floor Area
Cottage Industries located within a residential area shall occupy not more that thirty percent (30%) of the area of the dwelling unit. On the other hand, for cottage industries proposed to be located outside of the residential area, no minimum are equipment is prescribed. Facility Requirements Parking – Space for parking and loading/unloading shall be provided within the premises. No on-street parking shall be allowed. Storage – Storage shall be provided for industries located outside residential areas. Fire Protection – Protective measures shall be provided pursuant to the provisions of PD 1185 (Fire Code of the Philippines). Waste Disposal/Trash Removal – The collection and disposal of industry wastes shall be the responsibility of the operators and shall be in accordance with PD 856 (Sanitation Code of the Philippines). Utility Requirements Water Supply – Water supply shall be provided and/or connected to a public or community water supply system. Electric/Power Supply – Power supply shall be provided and/or connected to a public or community power system.
Expansion For all cottage industries within and outside residential areas, there shall be no expansion of structure nor addition of equipment without prior notice/permit from the Zoning Administrator. Section 12B.08. On the Establishment or Operation of Poultry abs Piggery Farms. Definitions. As used in this Section, the term: Piggery Farm – refers to any parcel of land devoted to the raising or breeding of pigs/swine, generally under the management of a tenant or owner. Poultry Farm – refers to a plot of land devoted to the raising of domesticated fowls and which serve as sources of eggs and meat for human consumption. It includes chicken, ducks, geese, quails, pigeons and other birds. 112
Fowl – refers to a bird kept for eggs or meat. Brooding – refers to the process of keeping the young pigs warm without necessarily separating them from the dam (female parent) or for chicks, it is the process of supplying heat from the time they are taken down from the incubator up to the time they can self-control their heat requirement through thermoregulating process. Heads – for piggery, it shall refer to the number of sows/pigs for fattening. For poultry, it refers to the number of fowls. Fattening – refers to the process whereby the hogs are fattened up to two hundred (200) pounds primarily for slaughter. Sow – refers to female swine.
Location of Piggery or Poultry Farm
A piggery or poultry farm site shall preferably be located in rural areas or in duly designated agri-business areas. The piggery and poultry farm shall be at least five hundred (500) to one thousand (1,000) meters away from the built-up areas (residential, commercial, institutional and industrial). The site shall be away from the path of immediate five (5) to ten (10) years urban expansion. The piggery shall be five hundred (500) meters away from the major roads and/or highways. For the poultry farms, it shall be two hundred (200) meters away from major roads and/or highways Major roads refers to any municipal, provincial and national roads that link regional/provincial and town centers and serving as the main transportation arteries. Waste Disposal
There shall be a defined system of waste disposal pursuant to the provisions of PD 856 (Sanitation Code of the Philippines) and pertinent rules and regulations of the National Pollution Control Commission. Drainage and Sewerage System
Drainage and sewerage system shall be constructed of provided pursuant to the provisions of PD 856 (Sanitation Code) and pertinent rules and regulation of the National Pollution Control Commission. Section 12B.09. On the Establishment or Operation of Ricemills and Cornmills. Definitions. As used in this Code the term: Ricemill – refers to the machine comprised of several components, the purpose of which is to remove and separate the hull, bran and germ of the palay with polished rice as the main product. This may be classified as follows: 113
a)
Single-Pass Ricemill – refers to the class of mills whereby the rice hull, bran and germ are removed in one passing. Ricemills under this class are compact units consisting only of huller and polisher. Hulling and polishing are, therefore, done simultaneously in a single operation. The capacity ranges from 200 to 2,000 kilograms per hour with sixty percent (60%) to sixty-three percent (63%) milling recovery. The following type of ricemills fall under this classification:
b)
“Kiskisan” Ricemills – refers to the steel huller ricemill which hulls and polishes the rice simultaneously in one compartment and in one passing, with a capacity if 250 to 400 kilograms per hour with sixty-five (65%) milling recovery. This includes the following: Small and portable rubber rolls Small Centrifugal/Impact type ricemills
c)
Multi-Pass Ricemill – refers to that class of ricemills whereby the rice hull, the bran and germ are removed in more than one passing. Ricemills under this class consist of the huller/s, paddy separator/s and plusher/s. The product of hulling is fed to the paddy separator which separates the unhulled palay and brown rice. The unhulled palay then return back to the huller for rehulling while the brown rice is fed to the polisher. This has the capacity of two thousand five hundred (2,500) to ten thousand (10,000) kilograms per hour with sixty-three percent (63%) to sixty-seven percent (67%) milling recovery. This is further classified as follows: Under-Runner Disc Ricemill or Cone Type Ricemill – refers to a ricemill whose huller consist of two stone discs, one of which is placed on top of the other, with the upper disc fixed, while the bottom disc which can be adjusted upward and downward is rotating, having a sixty-three percent (63%) to sixty-five percent (65%) milling recovery. Rubber Roll Ricemill – refers to that type of ricemill whose huller consists of two identical rubber rolls set side by side inwardly rotating in opposite direction at different speed. The faster roll is fixed while the other roll is adjustable sidewards. The capacity is high as compared to the types; two thousand five hundred (2,500) to ten thousand (10,000) kilograms per hour with sixty-five percent (65%) to sixty-seven percent (67%) milling recovery.
d)
Centrifugal/Impact Type Ricemill – refers to that ricemill whose huller consists of a high-speed rotating impeller which throws the palay against the stationary rubber ring at a great force causing the opening of the hull. The milling recovery is sixty-three percent (63%) and has lower capacity.
e)
Cornmill – refers to the machine consisting of several components the purpose of which is to remove and separate corn bran, germ and cap (degermination) and grind the endosperm to produce corn grits as its main product. This is classified into two groups:
1)
Single-Pass Cornmill – refers to that cornmill which removes and separates the bran, germ and cap and produces corn 114
grits in one passing. Cornmills under this class are compact units which produce limited grit sizes with a capacity of one hundred twenty-five (125) to one thousand five hundred (1,500) kilograms per hour and sixty-two percent (62%) milling recovery. The following types of cornmills fall under this classification: Roller Cornmill – with only one set of steel roller with separate (hallow notched) surfaces and which rotate in opposite directions. The number of separations per inch on these rollers determines the degree of fineness of corn grits to be produced. Grinder Cornmill – with only one set of grinding plates where crushing action takes place. One place is stationary while the other is rotating. The gap between grinding plats determines the sizes of the corn grits to be produced.
2)
Multi-Pass Cornmill – refers to the cornmill which removes and separates the bran, germ and cap and which produces corn grits in more than one passing. Cornmills under this class employ more than one set of steel rollers or grinding plates. This has a capacity of two thousand (2,000) to six thousand (6,000) kilograms per hour with sixty-three percent (63%) milling recovery. This includes: Roller Cornmill with two or more sets of steel
rollers. Grinder Cornmill with two or more sets of grinding
plates. Huller – refers to the machine assembly consisting of several components, the only purpose of which is to remove abd separate the hull from the pallet with minimum damage to the bran layer and with minimum breakage to the brown rice. Polisher – refers to the machine assembly consisting of several components, the only purpose of which is to remove and separate the bran and the germ from the rice to produce polished rice as its main product. Total Milling Recovery – refers to the weight of rice obtained in a milling operation expressed as percentage of the original paddy weight.
General Guidelines 1)
Space from parking, loading/unloading and maneuver shall be provided. 2) If the mill is to be constructed along major thoroughfares, a twenty (20) meters setback shall be observed. 3) All new ricemills and cornmills shall be constructed in areas designated as sites fro agricultural or agro-industrial purposes only.
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4)
Construction of ricemill and cornmill shall be in conformity with the National Building Code and the rules and regulations promulgated by the National Pollution Control Commission. 5) The provisions of PD 1185 (Fire Code of Philippines) shall also be observed for fire protection and prevention. (Excerpts from the guidelines issued by the HLURB) Section 12B.10. Penalty. Any person who violates any provision under this Article shall be punished by a fine of not more than Two Thousand Five Hundred Pesos (P2,500.00) or imprisonment of not more than six (6) months imprisonment, or both such fine and imprisonment, at the discretion of the Court. CHAPTER 13 FINAL PROVISIONS Article A. General Penal Provision Section 13A.01. Penalty . Any violation of the provisions of this Code, or rules and regulations promulgated under the authority of this Code, but not covered by a specific penalty hereof shall be punished by a fine of not exceeding Two Thousand Five Hundred (P2,500.00) or imprisonment of sixty (60) days, or both fine and imprisonment, at the discretion of the Court.
If the violation is committed by any juridical entity, the President, General Manager, or any person entrusted with the administration thereof at the time of the commission of the offense shall be held responsible or liable thereof. Section 13A.02. Compromise Settlement Fee. The Municipal Mayor is hereby authorized to enter into an out-of-court or extrajudicial settlement of any offense committee in violation of any provisions of this Code. Subject, however, to the following conditions, viz:
1) The offense committed does not involve fraud; 2) The offender shall pay to the Municipal Treasurer a “compromise settlement fee” of not less than Two Hundred Pesos (P200.00) but not more than Two Thousand Pesos (P2,000.00) as may be agreed upon by both parties. 3) The payment of the “compromise settlement fee” above-mentioned shall not relive the offender from the payment of the corresponding tax, fee or charge due from him as provided under existing tax ordinances, if he is liable therefore. 4) No other third party shall be adversely affected by the compromise agreement. Article B. Separability, Applicability, Repealing and Effectivity Clauses Section 13B.01. Separability Clause. If, for any reason, any provision, section or part of this Code is declared not valid by a Court of competent 116
jurisdiction or suspended or revoked by the authorities concerned, such judgment shall not affect or impair the remaining provisions, sections or parts which shall continue to be in force and effect. Section 13B.02. Applicability Clause. All other related matters not specifically provided in this Code shall be governed by the pertinent provisions of existing applicable laws or ordinances. Section 13B.03. Repealing Clause. All ordinances, rules and regulations, or parts thereof, in conflict with, or inconsistent with any provision of this Code are hereby repealed or modified accordingly. Should there be existing general or special ordinances which were inadvertently excluded in the codification process during the formulation of this Code, they shall continue to be in full force and effect provided that they are not in conflict with, or contrary to, the provisions of this Code. Section 13B.04. Effectivity. This Code shall take effect upon its approval.
ENACTED in the Special Session of the Sangguniang Bayan held at the SB Session Hall, Camalaniugan Town Hall Compound, Camalaniugan, Cagayan on November 27, 2009. CERTIFIED TO BE DULY ENACTED:
MILAGROS C. LIBATIQUE, OD Municipal Vice-Mayor Presiding Officer ATTESTED:
EVANGELINE M. TAGUBA Secretary to the Sanggunian
GINA VICTORIA O. CHAN SB Member
SANTIAGO P. VALDEZ SB Member
LESLIE G. CASAUAY SB Member
RENE C. HERNANDEZ SB Member
PETER U. FILLON SB Member
TOMAS C. VINAGRERA, JR. SB Member 117
SONIA G. SABINIANO SB Member
DOMINGO B. OANDASAN SB Member
DANTE B. CANILLO Liga ng mga Barangay President SB Member
DONNELL C. BURGOS SK Mun. Federation President SB Member
APPROVED: ___________________________
ZENAIDA B. AGLIPAY-MAGUIGAD Municipal Mayor
SBO/OR2009-018/EMT/neth
Article O. Regulation On Holding Political Rallies, Meetings And Other Political Activities Section 4O.01. Administrative Provision. Any political party supporting political candidates, individually or jointly with other aspirants, independent candidates may hold peaceful political rallies or other similar activities within the Municipality of Camalaniugan during the campaign period.
All application for permit to hold public meetings, rallies or other political activities shall be filed in writing with the municipal official duly authorized by the Local Chief Executive for this purpose. Within three (3) days after filing of the application for permit to hold public meetings, rallies or political activities, the local authority concerned shall act in writing on said application. Any application not acted upon within three (3) days from the date of filing shall be deemed approved. An application for permit may be denied only on the ground that a prior written application by any candidate or political party, organization or coalition for the same purpose has been approved. Permittee is required to submit the following documents:
a. b. c.
Letter of intent Certificate of candidacy (if independent candidate/s Authority from the party chairman 118
