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Hall on Wednesday, the 30th day of December, Two Thousand and Nine at 9:30 A.M. ORDINANCE NO. 489 Series of 2009
Introduced by Kagawad Carmito Leon B. Tapongot, Jr.
A MUNICIPAL ORDINANCE ENACTING THE CODE OF GENERAL ORDINANCES OF CY 2009 OF VILLANUEVA, MISAMIS ORIENTAL, PHILIPPINES.
Be it enacted by the Sangguniang Bayan of Villanueva, Misamis Oriental in session assembled that:
Chapter I GENERAL PROVISIONS
Article A. Short Title and Scope Section1. Title. – This Ordinance shall be known as the “2009 CODE OF GENERAL ORDINANCE OF VILLANUEVA, MISAMIS ORIENTAL” Section 2. Scope. – This Code covers all General and Special Ordinances. Article B. Rules of Construction Section 3. Words and Phrases. - Words and phrases embodied in this Code, but, not herein specifically defined shall have the same meaning as found in legal dictionaries as well as in
existing laws. Section 4. Construction of Codal Provisions. - In construing the provisions of this code, the following rules of construction shall be observed unless otherwise inconsistent with the manifest intent of the provisions. 1. 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 have acquired a peculiar or appropriate meaning. 2. Gender and Number – Every word in this Code importing the masculine gender shall extend to both male and female. Every word importing the singular number 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 (1) person or thing. 3. Tenses – The use of any verb in the present tense shall include the future whenever applicable. The phrase “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. 4. References – All references to the “Chapters” “Articles”, or “Sections” are to Chapters, Articles or Sections in this Code unless otherwise specified. 5. Conflicting Provisions of Chapters – If the provisions of different chapters conflict with or contravene each other, the provision of each chapter shall prevail as to all specific matter and questions involved therein. 6. Conflicting Provisions of Sections – If the provisions of different Sections in the same chapter conflict with each other, the provisions of the Section which is last in point of sequence shall prevail. Section 5. Amendment and Integration of Additional Provisions. –Any amendment on this Code maybe introduced to the Chapter, Articles or Section concerned. All ordinances or provisions thereof enacted subsequent to the date of effectivity of this Code shall be compiled in such a way as to bear the corresponding Chapter, article or Section to which such ordinance or provision pertains. Such new provisions shall be integrated into the corresponding chapter, Article or Section whenever a new printing or reproduction of this Code is undertaken upon authorization of the Sangguniang Bayan. Section 6. Existing Rights. – Vested rights existing on the date of the effectivity of this Code arising out of contracts or any other source of obligation, shall be governed by the original
terms and provisions of said contracts or the law of the Ordinance in force at the time such rights became vested and in no case shall this Code infringe on them. Section 7. Reference to Code. – Whenever reference is made to any portion of this Code, such reference applies to all amendments and additions hereinafter made. Section 8. Effect of Heading. – The Chapter, Article and Section headings do not in any manner affect the scope, meaning or intent of the provisions contained in this Code. Section 9. Relation to Prior Ordinance. – The provisions of this Code which are substantially the same as that of previous or existing ordinances particularly when dealing with the same subject shall be construed as “re-statement” and not as a new enactment.
CHAPTER II RULES OF PROCEDURES FOR LOCAL LEGISLATION
Article A. Internal Rules of Procedures Article B. Rules and Procedures in the Conduct of Administrative Cases Filed Against Elective Barangay Officials Section 139. Definition of Terms. – As used in this Article: 1. Prima Facie – Adj.: content, apparently, at first glance, at first sight, presumably, seemingly adequate, sufficient to make a case. 2. Subpoena – Noun: Call, citation, command to appear directive, legal mandate, Judicial imperative. 3. Evidence – evidence is the means, sanctioned by these rules, of ascertaining in a judicial proceeding the truth respecting a matter of fact. 4. Complaint – a complaint is a sworn written statement charging a person with an offense, subscribed by the offended party violated by any peace officer or other public officer charged with the enforcement of the law.
5. Verification – the word verified has a definite meaning under the law. It means that the answer must contain a statement at the end thereof that (a) the person answering is the very person who is being investigated, (b) the answer was prepared by him or at his instance, (c) he has read the answer and (d) the statements made therein are true of his own knowledge. 6. Hearing – is defined in this rule as a formal examination of facts in issue in an administrative case filed in the Sangguniang Bayan, for the purpose of determining such issue. 7. The use of the term “SHALL” – in this rule further emphasize its mandatory character and means that it is imperative, operating to impose a duty which may be enforced. Section 140. Ground for Disciplinary Actions. – An elective barangay officials may be disciplined, suspended, or removed from office on any of the following grounds: 1. 2. 3. Disloyalty to the Republic of the Philippines; Culpable violation of the Constitution; Dishonesty, oppression, misconduct in office, gross negligence, or dereliction of duty;
4. Commission of any offense involving moral turpitude or any offense punishable by at least prison mayor; 5. 6. Abuse of authority; Unauthorized absence for four (4) consecutive sessions;
7. Application for, or acquisition of, foreign citizenship or residence or the status of an immigrant of another country; and 8. Such other grounds as may be provided in the Local Government Code, RA 7160, and other law. Section 141. Who Conducts the Hearing. The investigation/hearing shall be conducted by the Sangguniang Bayan of Villanueva, Misamis Oriental. Every member of the Sanggunian including the SB Secretary must be present in all administrative case proceedings of the Sangguniang Bayan. Section 142. Quorum. – The presence of the majority of all the members of the Sanggunian shall constitute a quorum to conduct said administrative investigation/hearing. Section 143. Who Presides the Proceeding. – The Municipal Vice Mayor who is the Presiding Officer of the Sangguniang Bayan shall also be the Presiding Officer in the investigation/hearing. If for any reason the Municipal Vice Mayor is unable to attend or is disqualified from participating in the proceeding, the members present and constituting a quorum shall elect from among themselves a temporary presiding officer to preside.
Section 144. Powers of the Presiding Officer. – In presiding the proceeding, the Presiding Officer shall have the following powers: 1. To make and issue, by himself or through the Secretary of the Sanggunian, all orders, notice of meetings and writs authorized by the Sanggunian or by its rules of procedure, and to make and enforce such other regulations and orders the Sanggunian may authorized or provide; 2. To direct all necessary preparations for the proper, smooth and orderly conduct of the proceedings. 3. To rule on all questions, objections, motions, requests and manifestations raised by all parties during/in the proceeding, which ruling shall stand as the ruling of the Sanggunian, unless a member thereof shall ask and move, duly seconded, that a formal vote be taken thereon; and 4. To preserve order and decorum during the proceeding and to exact from all present due respect and proper deportment, prevent disturbance and disorder, and to order the hall cleared of any or all persons behaving improperly. Section 145. Venue. - The venue of the investigation/hearing shall be held at the SB Session Hall. Section 146. Time of Hearing/Trial. - The time of the hearing/trial of the administrative case may be called at any time by the Vice Mayor/Presiding Officer or at the instance of at least 7 members of the Sangguniang Bayan. Hearing for the cases cognizable by it shall be held on such days and such times as the Sanggunian thereof may, by order and upon notice of the parties concerned. Section 147. Order of Business. - In the conduct of the investigation/hearing of the administrative case against an elective barangay official, the Order of Business of the Sangguniang Bayan shall be as follows: 1. 2. 3. 4. Call to Order Invocation Roll Call and Determination of Quorum Agenda/Investigation or Hearing Proper
Rule 2 COMPLAINT Section 148. Who Can Initiate and How. – An administrative case against an elective barangay official can be initiated by any person by filing a sworn written complaint. Section 149. Form of Complaint. – The complaint must be verified and contain a certification/statement of non-forum shopping. It shall be accompanied by affidavits of witness/witnesses and evidence/s in support of the charge. It shall be drawn in clear, simple and concise language and in a methodical manner as to apprise the respondent of the nature of the charge against him/her and to enable him/her to prepare his/her defense. The party filing the complaint shall be called the complainant, while the barangay official against whom the complaint is filed shall be called the respondent. Section 150. Where to File the Complaint. – The complaint shall be filed with the Secretary of the Sanggunian who, within Seventy Two (72) hours upon receipt thereof, shall submit the same to the Sanggunian through the Presiding Officer. Copies of the complaints shall be furnished the Office of the Governor, the Sangguniang Panlalawigan and in all cases, the DILG. Section 151. Filing Fee. – There shall be a fee of One Hundred Fifty Pesos (P150.00) to be charged for every complaint filed payable to the Municipality of Villanueva, Misamis Oriental. Rule 3 ANSWER Section 152. Notice. – Within seven (7) days after the administrative complaint is filed with the Secretary, the Sangguniang Bayan thru its Presiding Officer, shall issue an order requiring the respondent to submit his verified answer within fifteen (15) days from receipt thereof. The Sanggunian shall commence the investigation of the case within ten (10) days after receipt of such answer of the respondent. Section 153. Form of Answer. – The answer must be verified. It shall be accompanied by affidavits of witness/witnesses and evidence/s in support of the defense and shall be drawn in clear simple and concise language and in methodical manner as to oppose the charge. Section 154. Where to File the Counter Affidavit. – The answer shall be filed with the Secretary of the Sanggunian who, within forty eight (48) hours from receipt thereof, shall submit the same to the Sangguniang Bayan through its Presiding Officer. Such counteraffidavits and other supporting evidence submitted by the respondent shall also be furnished by him to the complainant.
Section 155. Failure to Answer or Submit Counter Affidavit. – Unreasonable failure of the respondent to file/submit his verified answer or counter affidavits within fifteen (15) days from receipt of the complaint against him, the Sanggunian shall base their resolution on the evidence presented by the complainant. Such failure shall be considered as waiver of his right to present evidence on his/her behalf. Rule 4 PRELIMINARY INVESTIGATION Section 156. Purpose of Preliminary Investigation. – The purpose of preliminary investigation is primarily to determine whether there is a reasonable ground to believe that an offense has been committed and the respondent is probably guilty thereof. A preliminary investigation is not a part of the hearing proper, it is merely a proceeding held preparatory to one. It is only summary in nature. Hence, it should be conducted within a limited time, should be held daily and continuously as much as practicable. Section 157. Commencement. – Within ten (10) days from receipt of the answer together with his attachments, the Sangguniang Bayan shall commence investigation of the case. Section 158. Examination/Evaluation. – Within ten (10) days from the commencement of the investigation, Sanggunian shall examine all other evidence submitted by the complainant and determine whether there is a prima facie case to warrant formal hearing and have a formal administrative proceeding. Section 159. Who shall Conduct the Examination or Evaluation. – The Sangguniang Bayan shall be responsible to conduct the examination or evaluation of the evidences submitted within the period of 10 days. If the Sangguniang Bayan believes that there are matters to be clarified, they may set an investigation or examination to propound clarificatory questions to the party or parties or their witnesses during which the parties shall be afforded an opportunity to be present but without the right to examine or cross-examine. If the parties so desire, they may submit questions to the Sanggunian which the latter may propound to the parties or witnesses concerned. Section 160. Record of Examination. – A written record of the testimony during the examination/evaluation of witnesses shall be taken.
Section 161. Dismissal of the Complaint. – If the Sanggunian determines that there is no prima facie case to warrant the institution of a formal administrative proceeding/investigation, it shall, within the same period prescribed under the preceding Section, by their own initiative thru a motion dismiss the case. Section 162. Pre-Hearing Conference. – If the Sangguniang Bayan determines that there is a prima facie case to warrant the institution of a formal administrative proceeding/investigation, it shall summon the parties to a pre-hearing conference to consider the following: 1. Whether the parties desire a formal investigation or are willing to submit the case for resolution on the basis of the evidence on record; and 2. If the parties desire a formal investigation, to consider the simplification of issues, the possibility of obtaining stipulation or admission of facts and documents, specially affidavits and depositions, to avoid unnecessary proof, the limitation of the number of witnesses, and such other matters as may aid in the prompt disposition of the case. The Sanggunian shall encourage the parties to appear with their counsels, enter at any stage of the proceedings, into amicable settlement and/or compromise. Section 163. Pre-Hearing Order. – After the pre-hearing conference, the Sangguniang Bayan, through its Presiding officer, shall issue an order reciting the matters taken up, including the facts stipulated and the real evidences marked, if any. Such order shall limit the issues for hearing to those not disposed of by agreement of admission of the parties, and such other matters as will promote a fair and expeditious, termination of the investigation. The presiding officer shall schedule the formal administrative proceeding/investigation within ten days (10) from its issuance, unless a later date is mutually agreed by the parties concerned. Section 164. Pre-Hearing Agreement. – Pre-hearing agreement must be signed by the complainant and by the respondent. Rule 5 PREVENTIVE SUSPENSION Section 165. Power to Suspend. – The Municipal Mayor, upon recommendation of the Sangguniang Bayan, has the power to impose preventive suspension on the respondent. Section 166. Grounds. – Preventive suspension may be imposed any time after the issues are joined, that is, after respondent has answered the complaint, when the evidence of guilt is strong and, given the gravity of the offense, there is a great probability that the continuance in office of the respondent could influence the witness/es or pose a threat to the safety and
integrity of the records and other evidence/s. Section 167. Duration. – Any single preventive suspension shall not exceed beyond sixty (60) days; provided that, in the event that several administrative cases are filed against an elective barangay officials, he cannot be preventively suspended for more than ninety (90) days within a single year on the same ground or grounds existing and known at the time of the first suspension. Section 168. Interruption of the Investigation. – Interruption of the investigation caused by the person being investigated or upon his request is not counted in computing the 60 or 90 day suspension period mentioned. Section 169. Automatic reinstatement upon expiration of the preventive suspension. – Upon expiration of the preventive suspension, the suspended elective barangay official shall be deemed reinstated in office without prejudice to the continuation of the proceeding against him, which shall be terminated within one hundred twenty (120) days from the time he was formally notified of the case against him. However, if the delay in the proceedings of the case is due to his fault, neglect, or request, other than the appeal duly filed, the duration of such delay shall not be counted in computing the time of termination of the case. Section 170. 90-day ban. – No preventive suspension shall be imposed within ninety (90) days immediately prior to any local election. If the preventive suspension has been imposed prior to the 90-day period immediately preceding of a local election, it shall deemed automatically lifted upon the start of the aforesaid period. Section 171. Effect to the Benefits of the Respondent Pending Suspension. – The respondent barangay official preventively suspended from office shall receive no honorarium, allowance/s, bonus and such other emoluments as may be authorized by law or ordinance granting said benefits, including such emoluments accruing during such suspension. Upon subsequent exoneration and reinstatement, however, he shall be paid his full honorarium or compensation including other emoluments accruing during his suspension. Rule 5 FORMAL INVESTIGATION/HEARING Section 172. Rights of Respondent. – The respondent shall be accorded full opportunity to appear and defend himself in person or by counsel, to confront and across examine the witnesses against him, and to require the attendance of witnesses and the production of documents in his favor through the compulsory process of subpoena or subpoena duces tecum.
Section 173. Clarificatory Questions. – The presiding officer, and any member of the Sanggunian after being recognized by the Presiding Officer, may profound clarificatory questions to a witness during the proceeding. Section 174. Notice of Hearing. – The parties and their witnesses shall be duly notified of the scheduled hearing at least four (4) days before the date thereof, stating the date, time and place of hearing. Section 175. Hearing continuous. – As far as practicable, the hearing/investigation of the case before the SB, once commenced, shall be continuous until terminated. Section 176. Postponement. – Postponement of the hearing shall be discourage and shall be allowed only in meritorious cases. No postponement for a period longer than Ten (10) days shall be allowed. Section 177. Record of Proceeding. – The testimony of each witness and the manifestation of the parties and counsels during hearing/s shall be made of record either in shorthand/stenotype or by taking down notes and/or tape recorder. The transcript of the proceedings shall be duly certified by the officials stenographer in case the record of the proceeding is taken by shorthand/steno or by the Secretary of the Sanggunian in case the same is taken by tape recorder and/or taking down of notes. Section 178. Order of Hearing. – Unless otherwise directed by the Presiding Officer of the Sanggunian, the hearing shall proceed in the following order: 1. 2. The complainant shall produce evidence for his part. The respondent shall then produce evidence in support of his defense;
3. The parties may then respectively present rebutting evidence. However, for good reasons and in the furtherance of justice, they may be allowed to present additional evidence bearing upon the main issue. Section 179. Order of Examination of Individual Witness. – The order in which a witness may be examined shall be as follows: 1. 2. 3. 4. Direct Examination by the proponent. Cross Examination by the opponent. Re-direct examination by the proponent; and Re-cross examination by the opponent
Section 180. Termination. – The formal hearing of the case shall be terminated within ninety (90) days from the start of the investigation. Section 181. Memoranda. – Parties may be required and allowed to submit their respective memoranda, together with their respective draft resolutions and orders for the consideration of the Sanggunian, within ten (10) days after the termination of the formal investigation. Rule 7 EVIDENCE Section 182. Admissibility of Evidence. – Evidence is admissible when it is relevant to the issue and is not excluded by the law or these rules. Section 183. Rules. – In the conduct of the hearing/proceedings, the following must be observed: 1. The Sanggunian shall admit and give probative value evidence commonly accepted by reasonably prudent men in the conduct of their affairs; 2. The Sanggunian shall admit all evidence having materially and relevance to the case. In case of doubt, it should resolve for the admission of the evidence subject to the objection interposed against its admission; 3. The Sanggunian may take notice of judicially cognizable facts and of generally technical or scientific facts within its specialized knowledge. The parties shall be notified and afforded an opportunity to contest the facts so noticed. 4. All documentary evidence or exhibits shall be properly marked by letter (A,B,C, etc.), if presented by complainant, and by numbers (1,2,3, etc.), if presented by respondent. They shall be attached to the records or, if voluminous, kept in separate folder marked “Folder of Exhibits” which shall also be attached to the records. 5. The Rules on Evidence under Rules of Court shall apply insofar as they are applicable and the same must be liberally construed. Rule 8 DECISION Section 184. Termination of Investigation. – The investigation/ hearing of the case shall be terminated within ninety (90) days from the start thereof. Section 185. Votes Necessary to Decide. – The votes of the majority of the members that constitute a quorum shall be necessary for the adoption of a resolution/decision.
Section 186. Procedure in Deciding Cases. – The conclusion of the Sangguniang Bayan in any case subject for decision shall be reached in consultation before such decision is finally written. Any member dissenting from a decision shall state the reason for his dissent. Section 187. Maximum Period to Decide Cases. – The decision of the Sangguniang Bayan shall be rendered within Thirty (30) days after the end of the investigation. Section 188. Form and Contents. – The decision of the Sangguniang Bayan must be written and duly signed by the Vice Mayor or the Presiding Officer. Within thirty (30) days after the end of the investigation/hearing, the Sanggunian shall convene and render a decision in writing stating clearly and distinctly the facts of the case and the reasons for such decision. Section 189. Notice of Decision. – Copies of said decision shall immediately be furnished the respondent, the complainant and all interested parties. Rule 9 PENALTIES Section 190. Suspension. – The penalty of suspension shall not exceed the unexpired term of the respondent or a period of six (6) months for every administrative offense, nor shall said penalty be a bar to the candidacy of the respondent so suspended as long as he/she meets the qualifications required for the office. Section 191. Removals. – The penalty of removal from office as a result of an administrative case shall be considered a bar to the candidacy of the respondent for any elective position. Rule 10 APPEAL Section 192. When and Where to File Appeals. – The decision of the Sangguniang Bayan of Villanueva, Misamis Oriental in Administrative Cases filed against and erring elective Barangay Official may, within thirty (30) days from receipt thereof, be appealed to the Sangguniang Panlalawigan of Misamis Oriental. Section 193. Execution Pending Appeal. – An appeal shall not prevent a decision from becoming final and executory. The respondent shall be considered as having been placed under preventive suspension during the pendency of an appeal. In the event the appeal results in an exoneration, he shall be paid his salary/benefits and such other emoluments during the pendency of the appeal.
CHAPTER III MUNICIPAL DEPARMENTS and OFFICES
Article A. Office of the Municipal Mayor Article B. OFFICE OF THE VICE MAYOR ARTICLE C. Office of the Sangguniang Bayan Article d. Office of the Secretary to the Sanggunian Article E. Office of the Municipal Treasurer Article F. Office of the Municipal Accountant Article G. Office of the Municipal Assessor Article H. Office of the Municipal Budget Officer Article I. Office of the Local Civil Registrar Article J. Office of the Municipal Planning and Development Coordinator Article K. Office of the Municipal Engineer Article L. Municipal Health Office Article M. Office of the Municipal Agriculture Article N. Municipal Social Welfare and Development Office
Article O. Municipal Waterworks System Office Article P. Municipal Slaughterhouse Office
CHAPTER IV HEALTH AND SANITATION
Article A. TRAINED HILOTS Section 227. Declaration of Policy. – It is hereby declared the policy of the Municipality to recognize the profession of trained hilots as active partners of maternal health care. Section 228. Definition of Terms. – As used in this Article: 1. A Hilot (Mananabang) or Traditional Birth Attendant (TBA) is a person who assist mothers during childbirth and who initially acquire the skills of delivering babies by herself or through observation, training or apprenticeship with other hilots. 2. A Trained Hilot is a hilot or Traditional Birth Attendant who has completed the five day hilot training and Certified by Department of Health. 3. Accredited Trained Hilot is a hilot who was has been issued a Certificate of Accreditation by the Municipal Trained Hilot Accreditation Committee which shall be renewed yearly. 4. 5. Singleton Pregnancy – only one child inside the womb. Pregnancy with Cephalic Presentation – is the position of the child head first to exit.
Section 229. Areas of Practice. - In order to strengthen maternal and children service in this Municipality and to meet the unserved needs of pregnant women, trained hilots may be allowed to practice in accordance with the following rules and regulations: 1. The practice of Trained Hilots shall be directly supervised by Rural Health Midwives who shall likewise be under the general supervision of the Municipal Health Officer.
2. A Trained hilot maybe allowed to practice after he has been issued a Certificate of Accreditation by the Municipal Trained Hilot Accreditation Committee. 3. The assigned Midwife in the Barangay shall perform risk assessment and identify who are qualified for home deliveries by evaluating the patient through her clinical history and physical examination and by using the home-base mother’s record. 4. In areas where there are adequate professional health workers, hilot practice is not encouraged. 5. Only accredited hilots shall be allowed to practice in their assigned areas, provided that they are registered at the Office of the Punong Barangay. 6. Only the active trained hilots shall be allowed to practice. No new hilots are to be trained. 7. If there are no Trained hilot in a particular Barangay or in cases wherein a trained hilot from another Barangay is requested personally by the patient or relatives to handle the delivery, he may attend to the patient provided a written clearance is secured from the Midwife assigned in that area. Section 230. Duties. 1. Trained Hilot must attend only to women in labor who has been cleared by the Midwife assigned in the Barangay as qualified for home delivery. 2. The following patient are qualified for home deliveries: a. Full term (nine months of pregnancy) b. Singleton pregnancy c. 2ND to 4th pregnancy d. Pregnancy with cephalic presentation e. Healthy mothers (no diseases like diabetes, bronchial asthma, heart diseases , goiter , tuberculosis, clinically serve anemia) f. Has 3 or more Pre-natal care by the Midwife g. No medical history of complications like hemorrhage in previous pregnancy. h. No medical history of prolong labor or difficult delivery in previous delivery from 9 to 12 hours for multigravidas) i. No previous history of caesarian operation
j. No premature rupture of membrane (bag of water) k. Imminent deliveries (those pregnant women who are about to deliver and will not reach the nearest health facility in time for delivery) l. Adequate pelvis. Section 231. Benefits. 1. All Trained hilots shall be provided with hilot kits and its supplies be replenished by the Municipal Health Office. 2. All Trained hilots shall be enrolled by the Municipal Government in the PhilHealth indigency program. Section 232. Accreditation COMMITTEE. - There is hereby created a Trained Hilot Accreditation Committee, which shall be composed of the Municipal Mayor as Chairman and the following as Members: 1. 2. 3. 4. SB Chair of the Committee on Health and Sanitation Municipal Health Officer President of the Liga ng mga Barangay Municipal Trained Hilot Coordinator
SECTION 233. FUNCTIONS. - The Trained Hilot Accreditation Committee shall have the power to promulgate plans and programs, formulate screening procedure and adopt criteria for evaluating the capabilities and competence of trained hilots for purposes of accreditation. SECTION 234. ADMINISTRATIVE FINE. – Any violation of this Article shall be fined of not less than Two Hundred Pesos (Php200.00) but not more than One Thousand Pesos (Php1,000.00) and revocation of his permit to practice, confiscation of kit and other supplies issued by the Municipal Health Office. Article B. POTHOLE DIGGINGS SECTION 235. REGULATORY ACTS. – No diggings or excavation of land shall be allowed unless permit is secured from the Office of the Municipal Mayor. All person shall be required to install precautionary sign device at its work place and cover all potholes, diggings and other excavation after termination of its work activity. SECTION 236. DEFINITION OF TERMS – As used in this Article:
1. 2. 3. 4. 5.
Diggings – break up or penetrate the ground. Vernacular – kalot Excavation – made hollow, hole, made by digging. Vernacular- pagkubkub Termination – bring to an end. Vernacular – pagtapos Precautionary – caution taken before hand. Vernacular – panagana Device – apparatus. Vernacular - himan, galamiton.
SECTION 237. ADMINISTRATIVE PROVISION. – It shall be the duty of the Municipal Engineer to order all concerned to fully comply the provision of this Article. Compliance on Revised Building Code of the Philippines. SECTION 238. ADMINISTRATIVE FINE. – Any violation of this Article shall pay a fined an amount of not less than One Thousand Five Hundred Pesos (P1,500.00). ARTICLE C. ANTI-RABIES SECTION 239. PROHIBITED ACTS. – No person shall be allowed to own or domesticated dogs without first undergo anti-rabies vaccination in this municipality. SECTION 240. DEFINITION OF TERMS: As used in this code: 1. Domesticated – to tame animals and teach them to live with man.
2. Vaccination – to inoculate or transmit into an organism to protect against subsequent infection. 3. Dogs – refers to a common quadruped domestic animal belonging to the order carnivore (male or female) scientifically known as canis familiaris, a member of the dog family, canidae, which also includes the wolf, jackal, coyote, dingo, dhole, fox, fennec, cape hunting dog, raccoon dog, and Columbian dog. This also includes native and foreign dogs of all sizes brought in or into the municipality. 4. Astray/Stray – shall be understood to mean an animal leaving its owner’s place or premises which is loose, unrestrained, unconfined, or not under the effective control of the owner or the one in possession thereof. 5. Impounding Dogs – refers to system of seizing and holding dog in the custody of the law. 6. Pound – refers to public enclosure animals. 7. Pound Office – the unit under the Veterinary Office or the Municipal Agriculture Office, which shall undertake the implementation of this ordinance. 8. Rabies Control Authority – refers to duly authorized and trained person or person
responsible for the enforcement of this ordinance, including the vaccination, impounding, registration, and the sterilization of dogs. 9. Vaccination Certificate – an official document issued to animal owner by the Municipal Veterinarian/Municipal Agriculturist/Vaccinator or Licensed Private Veterinarian. 10. Veterinarian – In the absence of one, shall refer to the Office of the Municipal Agriculturist duly authorized to perform all the activities related to the health maintenance of animals, preventing the spread of diseases that transmit from animals to humans, such as rabies, and the control and implementation of the programs. 11. Rabies – refers to a highly fatal disease caused by a lyssa virus transmitted through a bite by an infected animal, or through contamination with virus-laden saliva on break in the skin and of mucous membrane such as eyes, the lips, the mouth of the genital organs and is characterized by muscle paralysis, hydrophobia and aerophobia and other neurological manifestations. 12. Rabies Vaccine – refers on inactivated preparation under different brand names and licenses for sale in the Philippines by the Bureau of Animal Industry for animals and by the Bureau of Food and Drugs for human. 13. Initial Dose – the first rabies vaccine injection given to animals, particularly pets of three (3) months of age. 14. Booster Dose – a follow-up injection of the vaccine. 15. Owner – shall mean any person keeping, harboring or having charge or control of or permitting any dog or pet to habitually be or remain on, or be locked or fed within such person’s house, yard of premises, including his/her representative. 16. Pet or companion animals – refers to dog and cats. 17. Enclosed Premises – means the owner’s house, or fenced yard, where other people have no reason to enter except to conduct business or visit with any members of the household. 18. Leashing – procedures that include caging, tethering and confinement of animals within the owner’s premises. This also applies when the animal is walked in the streets. 19. Registration – the process of listing pets for regulatory disease monitoring and control purposes. 20. License Tags – tags indicating legitimate registration of animals. 21. Citation – a legal summon issued to owners for violations, including failure to vaccinate or license their animals. 22. Euthanasia – refers to the process of painless death to dogs and other animals. 23. Public places – refer to any place open to the public like parks, malls, markets, streets, church, etc. 24. Rabies Vaccination/Immunoprophylaxis of humans – refers to the inoculation of humans, with modern day rabies vaccines or rabies immunoglobulin, by a trained doctor or nurse under the supervision of a qualified medical practitioner. 25. Rabies Vaccination of Dogs – refers to the inoculation of dog with rabies vaccine by a licensed government veterinarian or private veterinarian or trained individual under the direct supervision of a licensed veterinarian.
26. Post Exposure Treatment (P.E.T.) – refers to anti-rabies treatment to human administered after an exposure to rabies or dog bite, which include local wound care, rabies vaccine with or without anti-rabies immunizing agent. 27. Pre Exposure Prophylaxis (P.E.P.) – refers to rabies vaccination to human administered before an exposure to rabies to those who are at risk of getting rabies. 28. Concerned Officials – refer to Barangay Officials, Health workers, Police Officers or Government Veterinarians. 29. Direct Supervision – refers to range supervision where physical presence of the veterinarian or Agriculture Office in the Municipality or Barangay is necessary. 30. Dispose – Euthanasia SECTION 241. ADMINISTRATIVE PROVISIONS. Dog Registration and Rabies Vaccination 1. Every dog, three (3) months to age or older, should be submitted by the owner for registration and for vaccination against rabies within thirty (30) days after three (3) months of age. Provided that the dog older than four (4) months should be submitted by the owner for registration and for vaccination within six (6) months to the Municipal Rabies Control Authority which is the Municipal Agriculture Office. 2. It shall be the Municipal Rabies Control authority which is the Municipal Health Office and Municipal Agriculture Office to follow-up Anti-Rabies Vaccines. Procurement of Vaccine. - Anti-Rabies vaccine will be secured at the Department of Health, National/Regional/Provincial Health Office and or NGO concern. Mode of payment: 1. 2. 3. 4. 1st Dose – service charge only P50.00 (1 shot free) 2nd Dose – buy own vaccine + P50.00 service charge 3rd Dose – buy own vaccine + P50.00 service charge 4th Dose – buy own vaccine + P50.00 service charge
Liability of Dog Owners. – Liability of the dog owner to a bitten person. A dog which was able to bite other persons, the owner of the dog shall be responsible to pay the expenses for all the treatment and dog examination for rabies detection. Extermination of Unvaccinated and Unregistered Dogs. - Dogs not submitted by the owner for registration and vaccination shall, after the lapse of five (5) days from receipt of the invitation sent by the Rabies Control Office which is the Municipal Agriculture Office after the required periods provided for in Section 3 had expired, be seized and destroyed without prejudice of the owner’s to pay the fine.
Reporting of Biting Incident. - The person bitten by the dog owner shall, within 24 hours from the occurrence of the incident report to the Municipal Health Officer and/or to the Municipal Rabies Office, Dep’t of Agriculture (DA) for further evaluation and treatment. SECTION 242. RULES AND REGULATIONS. - It shall be the duty of vaccinators after vaccinating the dog, to issue a certificate to the dog owner. The certificate shall contain the following information: 1. 2. 3. 4. 5. 6. 7. Owner’s name and address Description of the dog Date of vaccination Anti-Rabies vaccination tag number Vaccine Producers Vaccinator’s signature Vaccinator’s address
SECTION 243. ADMINISTRATIVE FINE. – Any violation of this Article, shall be fined an amount of not less than Five Hundred Pesos (P500.000) but not more than One Thousand Pesos (P1,000.00).
ARTICLE D. FOODSTUFF PEDDLERS SECTION 244. REGULATORY ACTS. - No person shall undertake or cause to undertake peddling of foodstuff unless a sanitary permit have been first secured from Municipal Health Officer (MHO) of this Municipality. SECTION 245. DEFINITION OF TERMS. As used in this Article: 1. Foodstuff – anything to eat specifically like meat, seafoods, vegetables, fruits or any material made into food. 2. Peddlers – a person who travel and sell. (manunuroy)
SECTION 246. ADMINISTRATIVE PROVISIONS. 1. Any individual issued with a sanitary permit by the Municipal Health Officer must always
carry and display his permit card containing his picture during his peddling activity. 2. The MHO and Staff shall conduct periodic physical inspection to ensure proper implementation of this Article. 3. Any individual desiring to acquire sanitary permit for purposes of foodstuff peddling, must comply the requirements necessary to have a sanitary permit. SECTION 247. ADMINISTRATIVE FINE. Any violation of this Article shall be fined of not less than Fifty Pesos (P50.00) but not more than Three Hundred Pesos (P300.00).
ARTICLE E. RUGBY AND COUGH SYRUP SECTION 248. PROHIBITED ACTS. – No owner, lessee, proprietor or manager of any business establishment shall sell to minors rugby for whatever quantity, use or purpose. It shall likewise be unlawful for any minor to sniff, buy or possess rugby and cough syrup from any establishment or from any other person in this Municipality. SECTION 249. DEFINITION OF TERMS: As used in this Article: 1. Rugby – a chemical containing substance known as “TULUENE” which causes addiction of users who habitually inhales the same. 2. 3. 4. Cough Syrup – any cough syrup with a generic name of dexthromethorpan. Minor – any person 18 years of age and below Unauthorized – without authority “ wala hatage ug gahum”
SECTION 250. PENALTY. - Any owner, lessee, proprietor or manager who violates Section 245 of this Article shall pay an amount of One Thousand Five Hundred Pesos (P1,500.00) but not more than Two Thousand Five hundred Pesos (P2,500.00) without prejudice to the suspension or cancellation of the corresponding business permit and license therefore or imprisonment of not less than 15 days or both at the discretion of the Court. In case the violator is a minor, he shall be brought to the custody of the Municipal Social Welfare and Development Office for appropriate disposition.
ARTICLE F. ASTRAY ANIMALS SECTION 251. REGULATED ACTS. – No person shall, wittingly or unwittingly, set loose or let go astray any dog, swine, cattle and other domesticated member of the bovine family.
SECTION 252. DEFINITION OF TERMS. – As used in this Article: 1. Cattle – includes horse, mule, ass, carabao, cow and other domesticated member of the bovine family. 2. Swine – includes hogs or pigs.
3. Astray animals – an animal which is set loose or not under the control of its owner, or the one incharge, or found roaming around in public or private places, whether fettered or not. 4. Public place – includes national, provincial, municipal or Barangay roads, parks, plazas and such other places open to the public. 5. Private place – includes privately –owned streets, yards, rice fields, farm lands and lots owned by individual other than the owner of the animal. SECTION 253, IMPOUNDING OF ASTRAY ANIMALS. – Animals caught astray shall be impounded in a place duly designated for such purpose. Impounded animals shall be released to its owner only upon payment of the corresponding poundage fees under existing Municipal Revenue Code. SECTION 254. 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 the owner is required to claim and establish ownership thereof. 2. If no person shall claim ownership of the impounded animal, after the expiration of five (5) days from 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 Treasurer shall submit a written report of its proceedings to the Mayor. 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.
The proceeds of sale shall be applied to satisfy the cost of impounding, advertisement and conduct of sale. The residue over this costs shall accrue to the General Fund. 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. SECTION 255. ADMINISTRATIVE FINE. – Any violation of this Article, shall be fined an amount of not less than Three Hundred Pesos (P300.00) but not more than One Thousand Five Hundred Pesos (P1,500.00). ARTICLE G. AVIAN INFLUENZA SECTION 256. DECLARATION OF POLICY. – There shall be prevention and controlling of possible entry/outbreak of Avian Influenza in this Municipality. SECTION 257. DEFINITION OF TERMS. – As used in this Article: 1. Avian Influenza – an infectious disease in chickens, ducks and other birds caused by different subtypes of the influenza A virus. 2. Fowl/poultry – includes marketable broilers, culls, day old chicks, pullets, game fowls, native chickens, ducks hatching eggs, hobby birds of any kind. 3. Exotic Birds – any birds species or subspecies which do not naturally occur in the Philippines. 4. Poultry holding facilities – includes commercial farms, backyard units, hatcheries processing plants, slaughterhouse, aviaries feed mills, cockpits, and public markets. SECTION 258. Objectives and Purpose. 1. To prevent the entry of Avian Influenza, thus ensuring public safety; 2. To protect the local livestock industry and other related industries; and 3. To promote and protect the health, safety, and general welfare of the residents.
SECTION 259. Creation of the Local Avian Influenza Task force – The Avian Influenza Prevention and Control Taskforce shall be formed and shall be the main authority to oversee the implementation of the provisions of this Article and other related activities as maybe provided by rules and regulations and guidelines promulgated by higher authority or mandated by the national laws. It shall be composed but not limited to the following: Chairman: Vice-Chairman: Members: Municipal Mayor Municipal Vice-Mayor Municipal Veterinarian Municipal Health Officer Municipal Agriculturist PNP Chief of Police President – Liga ng mga Barangay Two (2) NGO Representatives Municipal Information Officer President, Poultry Raisers Association President, Federation of Homeowners Association SECTION 260. MONITORING. – The Avian Influenza Task Force shall monitor all livestock’s and poultry holding facilities in the Municipality, data shall includes the type of poultry holding facility, poultry species, poultry population density, facility owner/operator, location, poultry disease profile biosecurity practices, vaccination program, and Veterinarian incharge. SECTION 261. Prohibition TO SELL. – It shall be prohibited for any person to offer for commerce, engage in trade or have in possession any 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 local PNP Station. SECTION 262. Prohibition of Possession. – It shall be unlawful for any person to possess/own or keep unregistered exotic birds for whatever purpose or intent. SECTION 263. Coastal Monitoring of Smuggling of Fowl – Smuggling of fowl shall be reported to the local PNP. SECTION 264. Assist in Surveillance – The Municipality shall assist BAI in enforcing the requirements pertaining the local transport of animals including poultry and poultry products, as covered by BAI Memorandum dated July 13, 2004. This activity shall be enforced in coordination with the local PNP Station.
SECTION 265. Information Dissemination – The Local Veterinary/Agricultural Officer shall conduct regular information campaign. These campaigns shall include recommended biosecurity and other AI preventive measures. They shall be trained by the National /Regional Task Force. SECTION 266. Suspected AI Cases 1. Reporting. The farm veterinarian or farm owner shall immediately report to the BAI RFU-DA or municipal/provincial veterinarian 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 2 days in the case of backyard farms. Investigation/blood collection shall be conducted by the municipal/provincial and the RADDL technician within 24 hours. 2. Movement Control. The local PNP, upon notice from the Local Chief of Police, shall enforce movement control. Farm personnel are not allowed to leave the suspected premises unless with the approval from the head of Avian Influenza Taskforce. Likewise, poultry products and by-products, farm equipment and feeds shall not be allowed to leave the suspected premises and instead shall be quarantined in 12 hours. 3. Vaccination. The Local Health Officers shall assist in immunizing veterinarians, laboratory staff, medical health workers, and poultry farm personnel. The local veterinary/agricultural officers/technician shall assist in the conduct of poultry vaccination in areas identified by the AI Task Force. SECTION 267. Mobilization of Barangay Health Emergency Response Teams (BHERTs). To maximize efforts at the grassroots level, the organized BHERTs pursuant to DILG Memorandum Circular No. 2003-95 dated May 7, 2003 shall be mobilized to provide assistance to MUNICIPALITYs in the implementation of the Local Avian Influenza Prevention Program. SECTION 268. ADMINISTRATIVE FINE. – Any violation of this Article shall be fined an amount of not less than One Thousand Pesos (P1,000.00) but not more than Two thousand Pesos (P2,000.00).
ARTICLE H. AEROSOL PAINTS SECTION 269. PROHIBITED ACTS. – It shall be unlawful for any person to maliciously and improperly use aerosol paints by using it to write or inscribe names, drawings, insignias, sign and other forms of graffiti in open surface like walls, billboards, fences, and other structure in
this Municipality. SECTION 270. DEFINITION OF TERMS. – As used in this Article: 1. Aerosol Paint – is a premixed lacquer, enamel, acrylic, high heat, or fluorescent paint contained in a pressurized container or spray. 2. Minor - any person below 18 years of age.
3. Improper Use - when the aerosol paints or any similar products is purposely and maliciously used other than its useful ends for art, hobby or in the practice of one’s profession or trade. 4. Working Minor – any person below 18 years of age whose trade or type of work is painting. 5. Art Student - a student of fine arts, commercial arts, graphic art or any other similar course or subjects. 6. Graffiti - an inscription or design or any scribbling on a wall, fence, etc.
SECTION 271. REGULATING THE SELLING OF AEROSOL PAINTS and SIMILAR PRODUCTS. – No owner of any business establishment shall sell aerosol paints or similar products to any minor for whatever quantity, use or purpose, except Art Student, who by the nature or requirement of their course have to possess or buy an aerosol paints. SECTION 272. REQUIREMENTS. - For the effective implementation of this Article all business establishment selling aerosol paints are hereby required to maintain a record of sale indicating therein the names of buyers, age, address, date of purchase and the purpose for which the aerosol paints will be used as well as record thereof including inventory of stocks for the period covered and the same shall be submitted to the office of the Chief of Police, Villanueva PNP Station at the end of every quarter of each year. Likewise, the business establishment shall require Art student or working minors to produce evidence or proof such as ID and authorization from the painting or printing establishment, respectively attesting to the fact that they are legitimately engage thereof, selling aerosol paints to the said students or minors. For this purpose, the Licensing Division of the Municipality of Villanueva shall not
renew any license or business permits of the establishment unless Certification from the Office of the Chief of Police issued attesting to the compliance of the herein requirements. SECTION 273. ADMINISTRATIVE FINE. - Any violation of this Article, shall be fined an amount of not less than Five Hundred Pesos (P500.00) but not more than Two Thousand Pesos (P2,000.00). In addition of the herein fine, the offender shall be required to restore the vandalized or defaced area to its original condition at his own expense. ARTICLE I. PREVENTION AND CONTROL OF HIV/AIDS/STD SECTION 274. DECLARATION OF POLICY. – It is the policy of this Municipality to promulgate measures for the prevention and control of HIV/AIDS/STD and creating the Villanueva Sectoral STD/HIV Council for the prevention and control of sexually transmitted diseases. SECTION 275. Definition of Terms – As used in this Article: 1. Acquired Immune Deficiency Syndrome (AIDS) – A condition characterized by a combination of signs and symptoms, caused by HIV contracted from another person and which affects and weakens the body’s immune system, making the affected individuals susceptible to life threatening infections. 2. Behavioral Surveillance – a systematic and regular collection of information on risk behaviors and co-factors of the transmission of HIV infection among selected population groups. 3. Entertainment Establishment – includes but not limited to bars, nightclubs, disco houses, beer houses, cocktail lounges, massage clinics, karaoke bars, sing-along pub houses, and other similar establishment that are required to secure a permit to operate within the Municipality. 4. Human Immune-Deficiency Virus (HIV) – refers to the virus which cause AIDS. 5. HIV/AIDS Education – the provision of information on the causes, prevention and consequences of HIV/AIDS and activities designed to assist individuals to develop more positive attitudes towards people living with HIV/AIDS. 6. Peer Educator - a person belonging to the same groups or same social network to the target population, who is trained to conduct HIV/AIDS health education activities.
7. AIDS Prevention and Control – the program, strategies and measures aimed at protecting non-infected persons from contracting HIV/AIDS. 8. Prophylactic – refers to any agent or device used to prevent the transmission of the disease, such as condom. 9. Reproductive Health – it is a state of complete physical, mental and social wellbeing and not merely the absence of disease and infirmity in all matters relating to the reproductive health system and its function. 10.Serological Surveillance – a systematic and regular collection of blood samples to identify the distribution and trends of HIV Infection among selected groups. 11.Sexually Transmitted Diseases (STD) – any disease that is acquired or transmitted through sexual contact. 12.Passive Surveillance – refer to the HIV registry in which the health authorities receive reports from physicians, clinics, and laboratories of HIV/ AIDS confirmed trends of HIV Infection among selected groups. 13.Active Surveillance refers to sentinel serological surveillance which is the systematic and regular collection of blood samples to identify the distributions and trends of HIV infection among selected groups. SECTION 276. Creation of the Villanueva Multi-Sectoral STD/AIDS Council. – There shall be created a Villanueva, Mis. Or. Multi-Sectoral STD/AIDS Council, or “COUNCIL” for purpose of brevity, for the prevention and control of STD/HIV/AIDS in this Municipality. SECTION 277. Purpose and Composition. – The Council shall be the central advisory planning and policy making body on the prevention and control of HIV/AIDS composed of the following: 1. Chairperson 2. Co-Chairperson 3. Vice-Chairperson 4. Members - Municipal Mayor - Vice Mayor - Municipal Health Officer - SB Member (Chairman, Com. On Health and Social Services) - District Supervisor
- Municipal Social Welfare Development Officer - One (1) representative from accredited organization of entertainment establishment - One (1) representative from accredited massage/sauna operators/managers. - Two (2) representatives from accredited Non-Government Organization (NGO) actively involved in programs, activities and advocacy on STD/HIV/AIDS prevention. - One (1) representative from the Youth Sector preferably the Municipal SK Federation President - One (1) representative from the Office of the Municipal Mayor An alternate representative shall be assigned by each member of the Council, who, in case of their absence, will represent them during meetings or activities of the Council. SECTION 278. Qualifications and recognition of Non-Government Organization and appointment of their respective representatives as members of the council – The Municipal Mayor is hereby empowered and authorized, based upon the recommendation of the permanent members from the government sector, to determine the non-government organizations or associations that shall compose the membership enumerated in the immediately preceding section. For this purpose, the Municipal Mayor shall be guided by the following criteria. 1. The lone representative shall be appointed upon recommendation from duly organized and accredited organization, association, union or similar grouping from entertainment bar/ massage / sauna owners or operators. 2. The lone representative shall be appointed upon recommendation from duly organized and accredited bar, massage/sauna entertainers or attendants: and 3. The two (2) members from the NGO shall be appointed upon recommendation from among Non-Government Organization actively engaged in programs, projects and advocacy with STD/HIV/AIDS prevention for at least five (5) years immediately preceding the enactment of this Code. 4. The lone representative shall be appointed upon the discretion of the Municipal Mayor.
SECTION 279. Term of Office of representatives from Non-Government Organization (NGOs) to the council – The term of office of the representative from the Non-Government Organization (NGOs) shall be co-terminus with the term of the appointing authority: Provided, that the organization of which they represent shall continue to exist and shall maintain the purpose for which they were chosen. SECTION 280. Powers and Functions. – For the attainment of the aforesaid purpose, the Council shall be charged and vested with the following powers and functions: 1. Formulate policies and strategies for the prevention and control of STD/HIV/AIDS within the Municipality. 2. Prepare short, medium, and long term plans for prevention and control of STD/HIV/AIDS. 3. Monitor and evaluate the implementation of its programs and plans, campaigns and strategies. 4. Organize and encourage owners/operators/managers of registered entertainment establishment, sauna and massage parlors to actively participate in the prevention and control of STD/HIV/AIDS. 5. Identify and recommend priorities and gaps in local STD/HIV/AIDS related cases.
6. Conduct periodic public information, education and communication activities in the promotion of prophylactic, reproductive health, prevention and control of STD/HVAIDS in different communities and barangays. 7. Conduct regular seminars in all educational institutions from primary to tertiary level and to distribute, disseminate, circulate, publish or broadcast modules, pamphlets, booklets, brochures or other forms of information be it written, verbal, audio or video. 8. Conduct regular seminars/forums/dialogues in all government institutions and agencies and its subdivisions whether national or local including government owned or controlled corporations located within the territorial jurisdiction of the Municipality, as well as private establishments and to distribute, disseminate, circulate, publish or broadcast modules, pamphlets, brochures or other forms of information be, it written, verbal, audio, video. 9. Conduct yearly STD/HIV/AIDS Serological and behavioral surveillance, in coordination
with the Social Hygiene Clinic (SHCCHO) and the Department of Health (DOH), among all residents of the Municipality especially people with high risk sexual behavior or those who by the nature of their work is prone to contacting STD/HIV/AIDS Virus. 10. Initiate skills training, advocacy program and develop strategies to benefit the people with high risk of contacting STD/HIV/AIDS virus. 11. Monitor, inspect, examine regularly the facilities, practices and procedures of hospitals, medical/dental clinics, laboratories, testing centers and blood banks located within the Municipality whether they are public or privately owned, for profit or charitable purpose, and evaluate whether or not they have complied with the existing minimum standards in the prevention and containment of STD/HIVAIDS diseases. 12. Recommend to the Sangguniang Bayan the enactment of ordinances that may assist in the control and prevention of STD/HIV/AIDS. 13. Recommend the closure or provision of sanctions or penalties of any establishment found violating the prohibited acts as mentioned under this Article. 14. Assist in the sourcing/request for funding and recommend allocation of resources: 15. Act as the primary agency that shall represent the Municipality in all conventions, conferences, forums or gatherings of other agencies, organization, leagues, chambers or groupings whether national, local or international pertaining to the issue of STD/HIVAIDS. 16. Monitor in coordination with the Municipal Health Department STD/HIV/AIDS cases. 17. Identify STD/HIV/AIDS cases through passive and active surveillance. 18. Perform all other task and other functions related to the over all objectives in the prevention and control of STD/HIV/AIDS in the Municipality. SETON 281. MEETING. – The Council shall meet at least once in every quarter or as often as may be necessary by serving notice to all members at least a day before the meeting. SECTION 282. QUORUM. – The presence of a majority of all the members of the Council shall constitute a quorum for purposes of doing business.
SECTION 283. The Secretary. – The Council shall have a Secretary who shall be designated as such by the Municipal Mayor from the organic personnel of the Municipal Health Department. SECTION 284. Functions of the Secretary. – The Secretary shall have the following functions and duties: 1. Prepare the agenda of the meeting of the Council and record the proceedings of the same. 2. Shall keep all the records of the Council.
3. Submit an annual report to the Council within two (2) months after the close of each calendar year 4. 5. Oversee the implementation of the policies, programs, and activities of the Council. Perform such other functions as may be required by the Council.
SECTION 285. Honorarium. – Subject to the limitation fixed by existing law, the Chairman and Members, including the Secretary of the Council shall be entitled to an honorarium of Two Hundred (P200.00) Pesos for every meeting actually attended. SECTION 286. Exceptions to the Mandate of Confidentiality. – Medical confidentiality shall not be considered breached in the following cases: 1. When informing other health workers directly involved or about to be involved in the treatment or care of a person with HIV/AIDS; Provided, that, such treatment or care carry the risk of HIV transmission; Provided, further that such workers shall be obliged to maintain the shared medical confidentiality. 2. When responding to a subpoena duces tecum and subpoena ad testificandum issued by the Court with jurisdiction over a legal proceeding wherein the main issue is the HIV status of an individual; Provided, That, the confidential medical record shall be properly sealed by its lawful custodian after being double checked for accuracy by the head of the office or department, hand delivered and personally opened by the Judge; Provided, further, that the judicial proceedings shall be held in executive session. SECTION 287. Release of HIV/AIDS Test Result. – All result of HIV/AIDS testing shall be
confidential and shall be released only to the following persons: 1. 2. 3. The person who submitted himself/herself to such test Either parent of a minor child who has been tested A legal guardian in the case of insane persons or orphans
4. A person authorized to receive such result in conjunction with the surveillance program of the Municipal Health Department as provided in Section 27 of R.A. 8504 5. A Justice of the Court of Appeals or the Supreme Court, as provided in accordance with the provisions of Section 16 of R.A. 8504 SECTION 288. Accreditation and Reporting Procedures. - All hospitals, clinics, laboratories, and testing centers for STD/HIV/AIDS shall obtain accreditation from the Council created herein and adopt measures in assuring confidentiality in the reporting of any medical record, personal data, and file, including all data which may be access from various data bank information system of the Municipal Health Department. SECTION 289. Disclosure to Sexual Partners. – Any person tested positive with HIV is obliged to disclose his HIV status and health condition to his spouse or sexual partner. SECTION 290. Discrimination in the Workplace. – Discrimination in any form from preemployment to post-employment, including hiring, promotion or assignment, or termination from work based on the sole basis of the actual, perceived or suspected HIV status of an individual shall be prohibited. SECTION 291. Discrimination in Schools. – No educational institution shall refuse admission or expel, discipline, segregate, deny participation, benefits or services to a student or prospective student on the basis of his actual, perceived or suspected HIV status. SECTION 292. Appropriations. – There is hereby appropriated the initial amount of One Hundred Thousand (P100,000.00) Pesos for the operation of the Council and for the implementation of its programs and policies. SECTION 293. ADMINISTRATIVE FINE. – Any violation of this Article, shall be fined an amount of not more than Two Thousand Five Hundred Pesos (P2,500.00). ARTICLE J. BLOODLETTING PROGRAM SecTION 294. DeclaratION of Policy. – There shall be established a “Municipal Bloodletting Program”.
SecTION 295. Objectives. – The program shall have the following objectives: 1. To advocate and promote the voluntary blood donation program in the community through an effective and efficient system of donor recruitment and retention; 2. To ensure adequate, safe, and readily available supply of blood through regular bloodletting activities ; 3. To help eradicate the misconceptions in blood donation through a comprehensive information, education and communication campaign and community mobilization; and 4. To inculcate community responsibility through collective realization of the importance of the program and that blood donation is voluntary and a heroic act of saving lives. 5. Establish a Municipal Blood Services Network in all Barangays of the Municipality through the institutionalization of the walking blood bank systems. SECTION 296. Definitions of Terms. – As used in this Article: 1. Blood letting – refers to a program where human blood are voluntarily given by qualified donors. 2. Industrial Establishments – refers to establishment engage in manufacture of any commodity and/or the provision of services on a large scale basis, employing al least 50 people. 3. Hospitals – refers to medical institution which admits patients for its care, regardless of its bed capacity. It shall include among others lying-in maternity clinics, primary, secondary and tertiary medical institutions. 4. Voluntary Blood Donors – one who donates by his own will and initiative without any monetary consideration. 5. Qualified Blood Donors – one who has been determined by a competent Medical Physician to be fit to donate blood. 6. Walking Blood Donors – an individual included in the list of qualified voluntary blood
donors who is hereby ready to donate blood when needed in his community. SECTION 297. Promotion of Voluntary Blood Donation. – The Municipal Government shall have the duty to promote voluntary blood donation and conduct information and education campaign in all Barangays, Government and non-government agencies, schools and other sectors of the society. SECTION 298. Mandatory Posting of Qualified Blood Donors – Rural Health Units, Barangay Health Centers and Medical Clinics of Industrial Establishment are hereby mandated to post in any conspicuous places within their respective establishment the list of qualified voluntary blood donors. SecTION 299. Municipal Blood Council. – There is hereby created a Municipal Blood Council (MBC) to be composed of the following: Chairman Vice Chairman Secretary Member Municipal Mayor Municipal Health Officer DOH Representative SB Chairman, Com. on Health NGO Representative
SECTION 300. FUNCTIONS OF THE MBC. - The Municipal Blood Council in coordination with the Municipal Health Board shall promulgate the Rules and Regulations necessary for the proper and effective implementation of this Article. SECTION 301. Appropriation. - The initial amount of Php 20,000.00 is hereby appropriated for the implementation of this Article and shall be charge under the Health Special Project Program. SECTION 302. ADMINISTRATIVE FINE. – Any violation of this Article, shall be fined an amount of not less than Three Hundred Pesos (P300.00) but not more than One Thousand Five Hundred Pesos (P1,500.00).
ARTICLE K. POULTRY SECTION 303. REGULATED ACTS – No person shall engage in poultry business without first securing a permit from the Municipal Mayor upon payment of the corresponding fee as provided for under the 2009 Municipal Revenue Code.
SECTION 304. Administrative Provisions. 1. No permit shall be issued by the Municipal Mayor without first securing a Barangay Clearance and the recommendation of the Municipal Health Officer. 2. Backyard Poultry refers to the raising of fifty (50) heads or less while commercial poultry refers to the raising of more than fifty (50) heads. 3. Requirement for Backyard Poultry: i. it shall not be located within 25 meters from any public place and building; ii. within a residential area iii. The poultry owner shall prevent obnoxious odor by way of keeping the poultry clean at all times; and iv. The chicken dung’s shall be stored outside the cluster of houses preferably 50 meters away and it should not be dried or exposed in any public place. 4. Requirement for Commercial Poultry: i. Poultry raisers shall first secure a building and sanitary permit prior to the issuance of the Mayor’s Permit and before the actual construction of the poultry building; ii. Distance of 300 meters from cluster of houses and main streets and public places shall be observed. 5. All existing commercial poultry located in areas prohibited prior to the approval of this Code shall be allowed to continue to operate for only one (1) year and shall not effect expansion of his building; after this period the owner shall relocate his poultry building in conformity with this Article. SECTION 305. PENALTY. – Any violation of this Article, shall be fined an amount of not less than One Thousand Pesos (P1,000.00) but not more than Two Thousand Five Hundred Pesos (Php2,500.00) or imprisonment of not less than one (1) month but not more than six (6) months or both fine and imprisonment at the discretion of the Court.
ARTICLE L. FOOD ESTABLISHMENT AND PROCESSING SECTION 306. REGULATED ACTS. – No person shall engage in the food business of producing, manufacturing, processing, dealing, exporting, importing including catering services and similar activities without first securing a sanitary permit from the Municipal Health Office. SECTION 307. DEFINITION OF TERMS – As used in this Article, Sanitation – refers to the provision of means whereby health is protected. In Cebuano, kahindik (ang paghatag sa
pamaagi diin ang kabaskog sa panglawas mapanalipdan) SECTION 308. ADMINISTRATIVE PROVISION. – The Municipal Health Office shall perform the task and conduct of the following: 1. 2. 3. Conduct quarterly ocular inspection on utensils and processors used Monitor and impose all sanitary regulation The RHU shall invoke the regulation of BFAD related to food processing.
SECTION 309. ADMINISTRATIVE FINE. – Any violation of this Article, shall be fined an amount of One Thousand Five Hundred Pesos (P1,500.00); and revocation of Business Permit.
ARTICLE M. SANITARY PROCESSING PLANT SECTION 310. REGULATED ACTS. – No person shall engaged in poultry processing without establishing a sanitary processing plant of products such as entrails, heads and legs of fowls in this Municipality. SECTION 311. DEFINITION OF TERMS: - As used in this Article: 1. 2. 3. Poultry- are domestic fowls such as chickens, ducks, geese, etc. Heads - is the part of the fowls body containing the brain, eyes, ears, nose and beak. Adidas- are the feet of fowls for them to stand with and run.
4. Entrails- are the inner organs of the fowls (solud sa lawas) such as the intestines (tina-i), heart (kasing-kasing), liver (atay), gizzard (batikolon) and etc. 5. Processing Table- is a thin slab of metal or cemented form with or without tiles with molding on all sides and mounted in as in a flat horizontal surface in such a manner that the workers won’t be squatting during operation in preparation for entrails sanitary processing. 6. Cook Room- is a place where a big cooking pan or kawa shall be installed for cooking entrails.
7. Uniform- are workers attire worn during entrails processing operation such as the following:
a. Hair Net- for men and women to be worn in order to protect the hair from falling into the processed food.
Apron- a garment worn infront of the body to protect one’s clothes.
c. Processing Mask- a face mask to cover the mouth and nose to protect the workers from the unpleasant smell of the entrails.
Gloves- is a covering for the hand with sheaths for each fingers.
Rubber boot- outer covering for the foot and part of the leg.
SECTION 312. RULES AND REGULATIONS. No permit shall be issued by the Municipal Mayor without the recommendation of the Municipal Health Officer. SECTION 313. GENERAL REQUIREMENTS. 1. The sanitary processing plant must be located within the designated Agro-Industrial Zone in the Municipality. 2. The processing plant must not be built near or adjacent to a river, stream, creek or brook. 3. The processing plant building must provide its own septic tank that will hold a capacity of 10 years output. 4. The processing plant must have its own Quality Control Personnel and Waste
Management Control Officer. 5. The processing plant must first secure a building permit to determine specific compliance on building, environmental, health and sanitation rules and regulations. 6. The processing plant must have an effective waste control management system to conform with the Clean Air Act Law. 7. The plant workers are required to wear the prescribed uniform during operation.
8. Clean water supply is a necessary requirement to ensure a productive sanitary operation. SECTION 314. PENALTY. – Any violation of this Article, shall be fined an amount of not less than Two Thousand Pesos (P2,000.00) but not more than Two Thousand Five Hundred Pesos (P2,500.00) or an imprisonment of not less than one (1) month nor more than six (6) months or both fine and imprisonment at the discretion of the Court.
ARTICLE N. CONSTRUCTION OF SANITARY TOILET SECTION 315. Declaration of policy. – It is hereby declared as the policy of the Municipality to require all household owners or occupant to construct a sanitary toilet as prescribed by the Municipal Health Office. SECTION 316. DEFINITION OF TERM. As used in this Article, Sanitary toilet refers to the use of water sealed toilet bowls and flush type toilet bowls. SECTION 317. Administrative provision. 1. The Municipal Health Office through the Municipal Sanitary Inspector shall supervise and monitor compliance of this Article. 2. Existing households without sanitary toilets are given 90 days from the approval of this Code to comply with the requirements of this Article. SECTION 318. ADMINISTRATIVE FINE. – Any violation of this Article, shall be fined an amount of not less than Five Hundred Pesos (Php500.000) but not more than One Thousand pesos (Php1,000.00).
ARTICLE O. GMO/BT CORN FOOD CROPS SECTION 319. DECLARATION OF POLICY. – It is hereby declared a policy of the Municipality to ban the propagation, production and utilization of BT Corn and all Genetically Modified Organisms as a measure to protect the health of the constituents. SECTION 320. DEFINITION OF TERMS – As used in this Article: 1. Genetically Modified Organism (GMO) – An organism whose generic materials has been affected by conventional cross breeding or try “mulagenesis” breeding. As these methods predate the discovery of the recombinant DNA techniques. 2. Transgenic Crops – crops that have been genetically modified to contain a gene from different species. 3. BT Corn – a variety of corn where a specific BT (Bacillus Thuringiensis) gene is inserted to produce a protein that protects the corn plant from feeding by Asiatic corn borers (ACTS) making the corn plant naturally resistant to ACB attacks. SECTION 321. OBJECTIVES. 1. To safeguard the health of the local residents and promote the steady growth of the Local Halal Certified Corn Food Industry; 2. To envision that the Municipality shall become a producer of certified food grade, nonGMO and BT free corn crops; SECTION 322. MONITORING AND ENFORCEMENT. – The implementation of this Article shall be the responsibility of the Offices of the Municipal Agriculture and Municipal Health in coordination with the Sangguniang Bayan Committee on Agriculture and Health, Barangay Officials, Barangay tanods and accredited NGOs. SECTION 323. ADMINISTRATIVE FINE. Any violation of this Article, shall be fined an amount of not less than One Thousand Pesos (P1,000.00).
ARTICLE P. DENGUE FEVER
SECTION 324. REQUIRED ACTS. - All persons residing in this Municipality are hereby required to observe certain safety measures to prevent the outbreak of dengue fever. SECTION 325. DEFINITION OF TERMS. - As used in this Article: 1. Eight (8) o’clock and four (4) o’clock habit – refers to the burning of leaves and other similar materials except plastic every 8 o’clock in the morning and 4 o’ clock in the afternoon; and 2. Water Container – refers to big containers used to stock water such as in drums, plastics, and other similar containers. SECTION 326. PREVENTIVE AND CONTROL MEASURES. 1. Ornamental plants with tendency to hold water deposits like bromeliads are discourage to be maintained in every household; 2. Empty bottles, tin cans, used tires and coconut shells should not be stocked in an upright position so as to hold water and remain unattended for a time; 3. Water containers in every household must be provided with appropriate cover and roof gutter regularly cleaned; 4. 5. Used tires as ornamental fence materials and as earth guard for deep well is prohibited; Observance of the 8 o’clock and 4 o’ clock habit in every household is encouraged;
6. Open canals and other waterways within the vicinity of households shall be regularly cleaned by homeowners to avoid stagnant water; 7. Plants with thick bushes and thick branches of trees must be pruned periodically by owners; and 8. Receptacles containing stocks or stagnant water must be drained and turned upside down when not in use.
SECTION 327. CREATION OF TASK FORCE. - There shall be created a Municipal Dengue Task Force in the Municipality composed of the following: Chairman Co Chairman Members - Municipal Health Officer - SB Chairman, Committee on Health - Municipal Sanitary Inspector - President, Liga ng mga Barangay - All Barangay Kagawads, Chairman, Com. on Health - All School Principals - All Barangay Health Workers SECTION 328. QUORUM. - Twenty Five percent (25%) of its member’s attendance shall constitute a quorum. SECTION 329. ADMINISTRATIVE FINE. - Any violation of this Article, shall be fined an amount of not less than Fifty Pesos (P50.00) but not more Two Hundred Pesos (P200.00).
ARTICLE Q. SHALLOW AND DEEPWELL SECTION 330. Prohibited Acts. It shall be unlawful to any person to perforate, dig a hole to be use as deep or shallow well within the distance of one (100) meters from the perimeter of public cemetery or private memorial parks. SECTION 331. Definition of Terms. – As used in this Article: 1. 2. 3. Perforation - a hole or puncture in the ground through boring . (pagbuslot) Well - a hole dug in the ground as a source of water Cemetery/Memorial parks - the final resting place of deceased persons
SECTION 332. Administrative Provision. 1. It shall be the duty of the Cemetery Caretaker to monitor the abovementioned activities;
2. The Cemetery management is allowed to dig shallow well within the premises, but, for construction purposes only. 3. Existing deep and shallow wells not in conformity with the requirement of this Article are given a period of one (1) year from the approval of this Code to close or relocate the same. SecTION 333. ADMINISTRATIVE FINE. Any violation of this Article, shall be fined an amount of not more than Five Hundred pesos (Php500.00) and closure of his well.
ARTICLE R. SWINE RAISING SECTION 334. Regulated Acts. No person shall engage in swine raising without first securing a permit from the Office of the Municipal Mayor upon payment of corresponding fee as provided under the 2009 Municipal Revenue Code. SECTION 335. DEFINITION OF TERMS. As used in this Article: 1. 2. 3. Backyard piggery – not more than 4 heads Commercial piggery – more than 4 heads Blind drainage – covered canal going to a waste receptacle
SecTION 336. Rules and Regulations . 1. No permit shall be issued by the Municipal Mayor without the recommendation of the Office of the Municipal Health Officer. 2. General Requirements for Piggery: a. No permit shall be issued by the Municipal Mayor if the building regulations have not been complied with by presenting the building permit issued by the Office of the Municipal Engineer and the Locational Clearance issued by the Office of the Municipal Planning and Development Coordinator attesting compliance to the Zoning and Town Plan; b. Piggery project must have efficient waste disposal system and sufficient supply of water;
All pigpens must be constructed with concrete flooring;
d. No waste water coming from the piggery should flow along the roads, streets, rivers, streams, creeks and canals; 3. The following shall be specific requirements as to type of piggery projects: a. For Commercial piggery: i. It should not be located within 100 meters from the residential houses, public buildings, or areas possessing a characteristic of urban setting, streets and highways; ii. Commercial piggery projects to be constructed along shorelines, rivers, streams, springs, and common source of water supply shall be at a distance of not less than 100 meters; iii. There must be adequate supply of 20 galloons of water per head per day. Piggery owners shall provide themselves with their own water supply; and iv. There must be a septic tank with a capacity of 16 cubic meters for every 50 heads with an alternate of same size. However, those with 25 heads shall have one septic tank of the same size. b. For Backyard Piggery: i. Backyard piggery is not allowed to be located in Poblacion, residential houses, public buildings unless a septic tank of 4 cubic meters capacity shall be provided; ii. Backyard piggery in the Barangays with loose houses should provide a blind drainage waste disposal system; and, iii. The owner should clean his piggery as often as necessary to maintain sanitary condition.
4. On the existing commercial piggeries: All commercial piggeries located in residential areas, public buildings and places, possessing characteristics of urban setting existing prior to the promulgation of this Code, shall be allowed to continue, Provided: That, it shall operate for not more than 5 years; that within this period, the piggery owner shall not be allowed to introduce expansion of his project. After five years from approval of this Code the owner shall close or relocate his piggery. SecTION 337. Penalty – Any violation of this Article, shall be fined an amount of not less than Five Hundred Pesos (Php 500.00) but not more than Two Thousand Five Hundred Pesos (Php2,500.000) or imprisonment of One (1) month but not more than three (3) months or both fine and imprisonment at the discretion of the Court.
ARTICLE S. SMOKING SecTION 338. Regulated Acts – No person shall be allowed to smoke cigars, cigarettes or any similar items of the same effects within public offices, school premises, and inside public utility vehicles operating within the Municipality except on designated smoking areas. SECTION 339. Smoking Areas – The following are designated as smoking areas: 1. 2. Hallways of public offices or buildings; Outside the premises of such public offices or buildings; and
3. Those areas designated by authorities of such public offices or buildings as a matter of prerogative. SecTION 340. ADMINISTRATIVE FINE. – Any violation of this Article, shall be fined an amount of not less than One Hundred Pesos (Php100.00) only but not more than Five Hundred Pesos (Php500.00).
ARTICLE T. HEALTH EXAMINATION SecTION 341. Regulated Acts. – No person shall engage in the operation of night clubs, bars, cocktail lounges, massage clinics and other similar establishment without first securing a permit from the Office of the Municipal Mayor and payment of corresponding fees as provided under the 2009 Municipal Revenue Code.
SecTION 342. Requirement. – 1. All operators, managers, and employees of the above mentioned establishments should undergo health examination at the Municipal Health Office annually. 2. Guest Relation Officers shall undergo health examination weekly.
SecTION 343. ADMINISTRATIVE FINE. – Any violation of this Article, shall be fined an amount of not less than Five Hundred Pesos (Php500.00) but not more than One Thousand Five Hundred Pesos (Php1,500.00).
ARTICLE U. SALT IODIZATION SecTION 344. Declaration of Policy. – It is the policy of the Municipality to actively pursue and implement an effective Municipal Salt Iodization Program. SecTION 345. Regulated Acts. – a.) No salt producers, traders, suppliers or retailers shall be allowed to sell non-iodized salt for human consumption. b) No commercial food establishments such as but not limited to restaurants, canteens, hotels, hospitals, caterers or other similar outlets as well as food manufacturers including households shall be allowed to use non-iodized salt in food processing, food preparation and table service. SecTION 346. Administrative Provisions. – The Municipal Health Office shall be the lead department to: 1. Formulate guidelines for the effective implementation of this Article;
2. Conduct periodic monitoring of the quality of iodized salt distributed and sold in the market and that is used in food establishment; 3. Coordinate with the office of Municipal Treasurer, the Philippine National Police and other departments or agencies as it may deem proper and necessary for the enforcement of this Article; and 4. Conduct periodic promotional campaigns in schools, barangays and other institutions or communities in coordination with the District Supervisor, Punong Barangays and other
Officials. SecTION 347. ADMINISTRATIVE FINE. – Any producer, manufacturer, distributor and owner or operator of food outlets, restaurants and stores who violates any provision of this Article shall be penalized by a fine of Five Hundred Pesos (Php500.00) but not more than Two Thousand Five Hundred Pesos (Php2,500.00).
ARTICLE V. TOXIC AND DANGEROUS CHEMICALS SecTION 348. Prohibited Acts. – It shall be strictly prohibited to any person to utilize extremely toxic and dangerous chemicals in any operational place of their processing plants including the transport and transshipment. SecTION 349. Definition of Terms. – As used in this Article: 1. 2. 3. 4. 5. 6. Toxicity - poison (makahilo, makalanag) Chemical - a substance used in Impact - striking of one thing against another (hapak) Mitigation - render less severe (kunhod) Spillage – run over (nag-awas) Judicial - the Court administered by Judges
SecTION 350. Regulatory Measures : 1. Every agro-chemical plants and processing plans using any kind of chemicals shall informed the local authorities on the design and their process system; 2. They have to inform this local government about their impact prediction and Mitigation; 3. They have to inform the Municipality about the storage , approach in care spillage and the disposal of used products and container; and 4. They have to inform the Municipality about the Eco Toxicity, the adverse effect and its first aid measure.
Section 351. Administrative Provision. – It shall be the duty of the MPDO, Sanitary Inspector and the Municipal Engineer to do the following task: 1. 2. 3. Monitoring Formulation of other rules and regulations Institutionalize other policies that may be formulated and the periodic inspection.
CHAPTER V PUBLIC SAFETY/PEACE AND ORDER
Article A. WATUSE BOMB SECTION 352. REGULATED ACTS. – It is unlawful for any person to sell watuse bomb. SECTION 353. DEFINITION OF TERMS. – As used in this Article: 1. Phosphorous – non metallic chemical element that is found combined in other elements in phosphates. 2. Toxic – relating to or cause by poison.
SECTION 354. BASIS FOR ACTION – The Department of Health certified findings of phosphorous content on locally made and known as Watuse Bomb revealed that phosphorous materials are toxic and it has hazardous effects on human lives. This is widely mis-use and sometimes eaten by children in the community. SECTION 355. AUTHORITY – The Local Government Code of 1991 mandates local government units to enact ordinances deemed necessary for the general welfare of its inhabitants. SECTION 356. ADMINISTRATIVE FINE. - Any person violating this Article shall be fine an amount of not less than Three Hundred Pesos (P300.00).
Article B. CURFEW HOURS FOR MINORS SECTION 357. CURFEW HOURS. – The period of time from Ten O’clock in the evening (10:00 P.M.) to Four O’clock in the morning (4:00 A.M.) is hereby declared as “Curfew Hours” for Minors. SECTION 358. REGULATED ACTS. – No minors 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 during the curfew hours mentioned in the preceding Section, unless exempted under the provisions of this Article. SECTION 359. DEFINITION OF TERMS. – As used in this Article: 1. Minors – refer to persons who are below eighteen (18) years of age.
2. Public roads – refer to national, provincial, municipal, Barangay roads or streets, including alleys or “thoroughfares”. 3. Public place – refer to any place to which the public has access including idle vacant private lots, parking lots and such other vacant areas owned by the government. SECTION 360. EXEMPTIONS. – This shall not apply in the following circumstances: 1. When the minor is accompanied by his parents, guardian or adult in charge of his custody; 2. When the minor is engage in lawful pursuit of livelihood or providing assistance in any lawful activity; 3. When the minor is going to or coming from, scholastic function like attending evening classes, commencement exercises, convocation, educational program and similar activities; 4. When the minor is on errand to save life or property like calling for the services of a physician, midwife, priest or other head of religious congregation, police officer, fireman, and other similar circumstances; 5. When the minor is going to, coming from any religious, social, civic, or sports program and similar activities;
6. When a minor is responding to emergency situations during the occurrence of natural or man-made calamities; 7. When the minor can show proof, or explain to the satisfaction of the apprehending officer that he has just arrive from travel and is on his way home; 8. One (1) day before and after Christmas Day, New Year’s Day, Election Day and other similar events of public interest; 9. Two (2) days before and after the day of the town fiesta; 10. 11. When the minor has a “Curfew Pass” issued by authority concerned; and On such other dates or occasions where the Sangguniang Bayan decided through Resolution to suspend the provision of this Article.
SECTION 361. RULES AND REGULATIONS 1. When a minor is apprehended for violation of this Article, he shall be placed under temporary Protective Custody of the Police Office on duty at the police station but only for the remaining period of curfew hours and shall be released immediately thereafter or sooner upon the request of their parents, guardian, or any immediate member of his family. He shall not be placed behind bar or imprisoned unlike a convicted felon; 2. Additional rules and regulations shall be issued by the Chief of Police of the Local Philippine National Police Office for proper implementation of this Article; 3. The Mayor or his authorized representative; the Chief of Police of the Local PNP or his authorized representative; and the Punong Barangay concerned are hereby authorized to issue the necessary “Curfew Pass”; Provided, that in case of the Punong Barangay, the “Curfew Pass” he issued should be valid only within his Barangay. SECTION 362. PENALTY. – This Article, being intended only for minors carries no penalty clause. However, minor who is violating the “Curfew Hour” shall be apprehended and brought for protective custody.
Article C. ELECTRIC LINE DESTRUCTION
SECTION 363. PROHIBITED ACTS. – It is hereby prohibited to destroy electric line and government lighting facilities. It is further prohibited to throw stones and hard objects, as well as hitting by the use of slingshot and firearms, electric lines and government lighting facilities. SECTION 364. DEFINITION OF TERMS. - As used in this Article, Slingshot refers to a wood with rubber attachment use to hit an object as a target, commonly known in visayan dialect as Pitik or Tirador. SECTION 365. COVERAGE. – All acts of destruction towards existing electric lines and government lighting facilities installed in the National Highway, Municipal Streets, Public Plaza and other government establishment. SECTION 366. PENALTY. – Any person who violated this Article shall be fined in an amount of not less than Two Thousand Pesos (P2,000.00) or an imprisonment of not more than Six (6) months or both fine and imprisonment at the discretion of the Court.
Article D. STREET PERIMETER LIGHTINGS SECTION 367. PROHIBITED ACTS. – No person shall be allowed to remove any part or cause any damage to any of the lamps placed or installed on the streets of the Municipality. SECTION 368. ADMINISTRATIVE PROVISION. – Only authorized persons are allowed to touch, remove and to make any changes on any of the installation of the aforesaid streetlights. SECTION 369. PENALTY. – Any violation of this Article shall be fined of not less than One Hundred pesos (Php100.00) nor more than Two Thousand Five Hundred Pesos (P2,500.00) or imprisonment of not less than Five (5) days nor more than Fifty (50) days or both at the discretion of the Court. The cost of damage to any street lamps shall be in addition to the penalty herein imposed.
Article E. RESCUE TEAM SECTION 370. DECLARATION OF POLICY. – For purposes of responding to the disaster and calamities, there shall be created a Selection Committee and Municipal Rescue Team (MRT) in the Municipality.
SECTION 371. Composition. – The Municipal Rescue Team shall be composed of not more than 30 members preferably members of the Municipal Disaster Coordinating Council or selected Municipal Employees. SECTION 372. Selection Committee. - There shall be created under this Article a Selection Committee at least three (3) but not more than five (5) including the chairman to be appointed by the Municipal Mayor. SECTION 373. The Selection Process. - The Selection Committee shall select not more than 30 persons among the recommendees to be submitted to the Municipal Mayor for purposes of appointment to the Municipal Rescue Team. SECTION 374. Recommendation. - Each Punong Barangay in the Municipality shall have two (2) recommendees to the MRT. Official recommendation shall be submitted to the Selection Committee at the time to be set by the latter. SECTION 375. Qualifications. - To be a rescuer the following qualification and requirements shall be observed: 1. 2. 3. 4. 5. A male A resident of the Municipality of Villanueva At least 22 years but not more than 40 years old; Of good moral character and a law abiding citizen as certified by his Punong Barangay; Mentally and physically fit as certified by Municipal Health Officer.
SECTION 376. Duties, Function and Responsibilities. - The MRT shall have the following duties, functions and responsibilities: 1. As a campaign tool for information-dissemination before the occurrence of calamities such as typhoon, long dry season, and the likes, including the conduct of training and seminar on basic rescue methods to the community; 2. 3. To save lives and properties when disasters or calamities occur; To serve during and after disasters or calamities, relief operations.
SECTION 377. MRT Incentives and other Privileges. - Members of the Municipal Rescue
Team shall enjoy the following incentives and privileges: 1. Free from payments or charges of all clearances in the Municipal Government such as police, medical, mayor and other clearances(direct family members can avail also of this privilege); 2. 3. Provision of Uniforms and necessary equipments and facilities; Membership to an insurance company duly recognized by the Municipal Government;
4. Monthly monetary allowance of P300.00 plus P200.00 per day of operation and rescue activity. SECTION 378. SuperviSION and Monitoring. – The Municipal Disaster and Coordinating Council (MDCC) shall be primarily responsible for supervision and monitoring of the activities of the MRT. The Municipal Health Office, the Office of the Municipal Social Welfare and Development and the Local PNP Station shall assist the MDCC in carrying out its assigned task and functions, and in ensuring the readiness of the MRT to respond to any calamity or disaster. SECTION 379. ADMINISTRATIVE SANCTION. Any Local Official, Member of the MRT including PNP Personnel stationed in the Municipality who failed to respond to any incident related to required acts under this Article shall be administratively liable as may be appropriate. SECTION 380. BudgetARY REQUIREMENT. – The honorarium for the MRT shall be allocated from the annual contingency fund of the Office of the Municipal Mayor.
Article F. REGULATION ON FIRECRACKERS/PYROTECHNICS SECTION 381. REGULATED ACTS. – No person shall possess, use or display any destructive firecrackers anywhere in this Municipality. SECTION 382. EXEMPTION. During special occasions where the need to use firecrackers become necessary, the Municipal Mayor may issue a special permit for possession of such materials, provided that the permittee or user thereof is more than 18 years of age. The prohibition under this Article shall not be applicable during Christmas, New Year,
fiesta and other regular celebrations, provided however, that the discharge of firecrackers shall only be allowed in areas duly designated by the Office of the Municipal Mayor. SECTION 383. DEFINITION OF TERMS. – As used in this Article: 1. Firecracker - refer to a paper cylinder, triangle or whatever form enclosing an explosive materials use to make noise including what is locally known as bawang, atomic bomb jr., triangle or similar explosives which are destructive and dangerous to lives and properties. 2. Pyrotechnics device allowed by law are sparklers, luces, jumbo or fountain, mabuhay, roman candle, trempille, airwolf, whistle device, butterfly, and all kinds of pyrotechnics device or pa-ilaw. 3. Prohibited by law are Pla-pla, baby dynamite, the big or long triangle, super lolo and sky rockets. SECTION 384. ADMINISTRATIVE PROVISION. - The Chief of Police of the Local PNP Station is tasks to strictly enforce the provision of this Article. SECTION 385. ADMINISTRATIVE FINE. - Any violation of this Article, shall be fined an amount of not less than Five Hundred Pesos (Php500.00) but not more than One Thousand Pesos (Php1,000.00).
Article G. ELECTRICAL INSTALLATION SECTION 386. PROHIBITED ACTS. – It is strictly prohibited for any person or entity to provide, install, connect or extend electric power/lines to any building or structure erected within the national and provincial road right of way. SECTION 387. DECLARATION OF POLICY. – It is hereby declared the policy of the Municipality to introduce corrective measures in order to reduce or eliminate the frequent occurrence of highway vehicular accidents. Occupants of shanties erected along the entire length of the road right of way is due to insistent illegal electric power extension without the necessary building permit. This policy is provided to prevent and discourage the rampant construction of shanties and other structure within the aforementioned areas. SECTION 388. ROLE OF ELECTRIC SERVICE PROVIDER. – All electric service provider are enjoined to ensure the compliance of this Article. An ocular inspection must be conducted prior to the filing of application. It’s policy on illegal tapping and anti-flying connection should
be strictly enforced. SECTION 389. ADMINISTRATIVE PROVISION. – The Building Official and the Municipal Electrician are enjoined to enforce the provision of this Article. No building permit shall be issued if the applicant is found violating this provision. SECTION 390. EXEMPTION. – The aforementioned prohibition shall not apply on the following: 1. Structure already establish prior to the effectively of this Code. However, repairs/replacement of such structure erected on the said location, the exemption under this section shall not apply. 2. Temporary structures necessary for construction activities, road and canal repairs and other emergency purposes. SECTION 391. ADMINISTRATIVE FINE. – Any violation of this Article, shall be fined an amount of not less than five hundred Pesos (Php 500.00) but not more than two thousand pesos (Php2,000.00).
Article H. WARNING DEVICE SECTION 392. PROHIBITED ACTS. – It shall be prohibited for any person, electric service provider or company to install, make or cause repairs of electric lines/wiring without installing a warning device or precautionary sign at their workplace. SECTION 393. DEFINITION OF TERMS. – As used in this Article, Warning Device refers to a sign of warning, in vernacular- pasidaan. SECTION 394. ADMINISTRATIVE PROVISION. - It shall be the duty of the Municipal Engineer to monitor and order all concerned to fully comply the mandates of this Article. SECTION 395. ADMINISTRATIVE FINE. – Any violation of this Article shall be fine an amount of not less than Five Hundred Pesos (Php 500.00) but not more than One Thousand Five hundred pesos (Php1,500.00).
Article I. CONSTRUCTION OF CANALS SECTION 396. PROHIBITED ACTS. – No person shall construct any canal along municipal streets without first securing a permit from the Municipal Mayor as recommended by the Municipal Engineer. SECTION 397. AUTHORITY. - The local government code directs MUNICIPALITY’s to discharge the function and responsibilities of the central government that are now devolved to them and discharge such other functions and responsibilities as are necessary, appropriate, incidental to the efficient and effective provision on public safety and protection from damage to property. SECTION 398. ADMINISTRATIVE PROVISION. - It shall be the duty of the Municipal Engineer to monitor and order all concerned for the strict compliance of the aforementioned provision. In the case of Barangays, digging of canals shall be under the supervision of the respective Punong Barangays. SECTION 399. ADMINISTRATIVE FINE. – Any violation of this Article, shall be fined an amount of not less than Five Hundred Pesos (Php 500.00) but not more than One Thousand Five Hundred Pesos (P1,500.00).
Article J. ESTABLISHMENT OF STRUCTURES AND PLANTING OF TREES SECTION 400. PROHIBITED ACTS. – No person shall construct any structure or plant trees within the premises of electric main lines, road right of way whether temporary or permanent within the Municipality. The installation of antennas and playing of kites within the said areas are also prohibited. SECTION 401. DEFINITION OF TERMS. – As used in this Article, Road right of way refers to a portion of land where electric main lines are installed and reserved for future road expansion. SECTION 402. COVERAGE. - This Article shall cover all construction of buildings, shanties, façade, and all other establishments erected within the premises of electric main lines, road right of ways within the Municipality. SECTION 403. PENALTY. – Any violation of this Article, shall be fined an amount of not less than Five Hundred Pesos (Php500.00) but not more than Two Thousand Pesos
(Php2,000.00) or an imprisonment of not less than fifteen (15) days but not more than six (6) months or both at the discretion of the Court.
Article K. CONCRETE PAVEMENTS FENCE SECTION 404. REGULATED ACTS. – It is unlawful for any person to construct any concrete pavement across canals along the national highway, provincial or municipal roads/streets within this municipality without first securing the approval from the Office of the Municipal Engineer. SECTION 405. DEFINITION OF TERMS. – As used in this Article, Concrete Pavement refers to all cemented construction used either as footbridge, vehicle passage, pathway or walkway. SECTION 406. ADMINISTRATIVE PROVISION. The Municipal Engineer is tasks to supervise and check the construction works in order to maintain the smooth flow of liquid waste and rainwater and to enable the maintenance personnel an easy access to the canals. The constructing party shall coordinate with the Office of the Municipal Engineer. SECTION 407. ADMINISTRATIVE FINE. – Any violation of this Article, shall be fined an amount of not less than Five Hundred Pesos (Php500.00) but not more than One Thousand Five Hundred Pesos (P1,500.00).
Article L. DIGGINGS AND EXCAVATION SECTION 408. REGULATED ACTS. No diggings or excavation of land shall be allowed unless a permit is first secured from the Office of the Municipal Mayor. SECTION 409. DEFINITION OF TERMS. – As used in this Article: 1. 2. 3. Digging – break up of the ground, in vernacular – Kalot Excavation – make hollow or a hole made by digging, in vernacular – pagkubkub Termination – bring to an end, in vernacular – pagtapos
Precautionary – caution taken beforehand, in vernacular – panagana Devices – any apparatus, in vernacular – himan or galamiton
SECTION 410. REQUIREMENT. All persons or construction firms shall be required to install precautionary sign devices at its workplace and cover all potholes, diggings and other excavation after termination of its work activity. SECTION 411. ADMINISTRATIVE PROVISION. – It shall be the duty of the Municipal Engineer to order all concerned to fully comply the provision of this Article. SECTION 412. ADMINISTRATIVE FINE. – Any violation of this article, shall be fined an amount of not less than Five Hundred Pesos (Php500.00) but not more than One Thousand Five Hundred Pesos (P1,500.00).
Article M. ROAD SHOULDER AND PEDESTRIAN LANE SECTION 413. PROHIBITED ACTS. – No person shall be allowed to construct or install any kind of structure within the space provided for shoulder and pedestrian lanes in the Municipality. SECTION 414. DEFINITION OF TERMS. – As used in this Article: Lane – a narrow street or alley, in vernacular - Hiktin nga dalan Pedestrian – a person going about on foot, in vernacular – Naglakaw SECTION 415. ADMINISTRATIVE FINE. – Any violation of this Article, shall be fined an amount of not less than Five Hundred Pesos (Php500.00) but not more than One Thousand Five Hundred Pesos (Php1,500.00).
Article N. SPEED LIMIT SECTION 416. REQUIRED ACTS. – All vehicles passing the school zone areas within this municipality shall limit its speed to 20 kph and may resume speed only after the “RESUME
SPEED” Sign board. SECTION 417. ADMINISTRATIVE FINE. – Any violation of this Article, shall be fined an amount of not less than Five Hundred Pesos (Php500.00) but not more than One Thousand Five Hundred Pesos (Php1,500.00).
Article O. WATER PIPELINES SECTION 418. PROHIBITED ACTS. – It shall be unlawful for any person to destroy, either by cutting, stoning, making a hole or opening with the use of any instrument on any of the water pipelines lying from the main sources in LAGATAK and NAPAPONG springs down to the different water distribution lines installed by the Municipal Waterworks System. SECTION 419. ADMINISTRATIVE FINE. – Any violation of this Article, shall be fined an amount of not less than Five Hundred Pesos (Php500.00) but not more than One Thousand Five Hundred Pesos (Php1,500.00).
Article P. FIRE EXTINGUISHERS SECTION 420. REGULATED ACTS. – No owner of establishment shall be allowed to start or operate his business without first providing fire extinguishers in their respective offices and work place as required under the Fire Code of the Philippines. SECTION 421. DEFINITION OF TERMS. – As used in this Article, Fire Extinguisher refers to a portable metal container ejecting chemicals for putting-out fires. SECTION 422. ADMINISTRATIVE PROVISION. – No business permit shall be issued unless it passed inspection duly certified by the Fire Marshall or in his absence by the Building Official. SECTION 423. ADMINISTRATIVE FINE. – Any violation of this Article, shall be fined an amount of not less than Five Hundred Pesos (Php500.00) but not more than One Thousand Five Hundred Pesos (Php1,500.00).
Article Q. ELECTRIC LIGHTS OUTSIDE BUSINESS PREMISES
SECTION 424. REQUIRED ACTS. – Business establishments shall be required to install lighting facilities outside of their premises as provided below: 1. Industries, manufacturing plants and similar establishments, along their perimeter fence.
2. Sari-sari stores and other business establishment - at least a fluorescent lamp or its equivalent along its store facade. SECTION 425. DEFINITION OF TERMS. – As used in this Article: 1. 2. 3. Strategy – a careful plan to achieve an end, in vernacular – taktika Install – to establish in an indicated place, in vernacular – pagtaod Premises – a piece of land with structure in it, in vernacular – nataran.
SECTION 426. BASIS FOR ACTION – The prevention and control of crime are everybody’s concern. Society is built on the premise that each person is responsible for himself and for the general welfare of others. Without the sense of “Community”, crime prevention potentials of mutual aid and actual responsibility are of no meaning. Public safety would then become futile without the participation of the citizenry. It is therefore, urgently necessary to design a strategy that will connect this effort with the involvement of the community. SECTION 427. POLICY and PURPOSE. – It shall be the policy of this Municipality to encourage the participation of the citizenry to share the cost to obtain favorable peace and order condition in the community. The strategy is to require the aforementioned establishment to install additional lighting facilities as deterrence to bad elements and intruders who might take advantage or destroy their property. It may benefit also to the ordinary citizen when he can walk the streets without fear and has that feeling of security and safety. SECTION 428. ADMINISTRATIVE PROVISION. – It shall be the duty of the Municipal Building Official to give notice to all concerned and monitor the strict compliance of the herein Article. SECTION 429. ADMINISTRATIVE FINE. – Any violation of this Article, shall be fined an amount of not less than Five Hundred Pesos (Php500.00) but not more than One Thousand
Five Hundred Pesos (Php1,500.00).
Article R. PEOPLE’S LAW ENFORCEMENT BOARD SECTION 430. Declaration of Policy. - It is the policy of the Municipality to ensure discipline and professionalization of its local police force, thus the establishment of the People’s Law Enforcement Board (PLEB) is deemed proper and necessary. SECTION 431. Creation and Composition. - A People’s Law Enforcement Board (PLEB) is hereby created to be composed of the following: 1. A member of the Sangguniang Bayan who is the Chairman of the Committee on Peace and Order; 2. A Punong Barangay chosen by the Liga ng mga Barangay; and
3. Three (3) other members who are removable only for cause to be chosen by the Municipal Peace and Order Council among the respective members of the community known for their probity and integrity, one (1) of whom must be a college graduate or a principal of the central elementary school in the Municipality. The Chairman of the PLEB shall be elected from among its members. The PLEB shall adopt its rules and procedures in the conduct of its meetings or proceedings, subject to and in conformity with the substantial or procedural guidelines set forth in this Article, RA 6975, RA 6551 and other applicable law or rules. Section 432. Term of Office. - The term of office of the members shall be for a period of three (3) years from assumption of office. Such member shall hold office until his successor shall have been chosen and qualified. Section 433. Compensation. - Members of the Board shall receive a per diem of One Thousand (Php1,000.00) pesos, per month whether regular meeting or hearing and decide complaints or cases filed before it chargeable to the General Fund of the Municipality hereunder appropriated for the maintenance and operation of the PLEB. SecTION 434. Regular Meetings. - The PLEB shall meet at least once a month of the year without prejudice to the number of meetings it may conduct, as it may deem necessary to hear and decide complaints or cases filed before it.
Section 435. Function. – The Board shall be the central receiving entity for any citizen’s complaint against the officers and members of the PNP. Subject to the provisions of Section 41 of RA 6975, the PLEB shall take cognizance of or refer the complaint to the proper disciplinary or adjudicatory authority within three (3) days upon filing of the complaint. Section 436. Procedure. – The PLEB by a majority vote of all its members and its Chairman shall determine whether or not the respondent officer or member of the PNP is guilty of the charge upon which the complaint is based. Each case shall be decided within sixty (60) days from the time the case has been filed with the PLEB. The Procedures in the PLEB shall be summary in nature, conducted in accordance with due process, but without strict regard to technical rules of evidence. The PLEB, when it deems necessary may ask, coordinate or seek assistance from the National Police Commission (NAPOLCOM) Hearing Officers to act as legal consultants for legal services, assistance and advice in hearing and deciding cases against officers and members of the PNP, especially those involving difficult questions of law. Section 437. Implementing Guidelines and Procedures. - The pertinent Implementing Guidelines and Procedures issued by the National Police Commission are hereby deemed adopted and shall govern the procedures of the PLEB and the graduated penalties, which may be imposed thereby. Section 438. Preventive Suspension. - The PLEB may ask any authorized superior officer to impose preventive suspension against a subordinate police officer who is the subject of the complaint up to a period as may be allowed under the law. The superior officer in the following cases shall not deny a request for preventive suspension: 1. When the Respondent refuses to heed the PLEB’s summons or subpoena;
2. When the Respondent has been charged with offenses involving bodily harm or grave misconduct; 3. When the Respondent is in a position to tamper with the evidence; and
When the Respondent is in a position to unduly influence the witness.
Any superior officer who fails to act on any request for preventive suspension without valid grounds shall be held administratively liable for serious neglect of duty. Section 439. Forms. - Summons, Subpoena and other legal forms necessary in the discharge of the PLEBs functions shall conform to the legal standards or guidelines set forth by the Commission or in the absence thereof as may be formulated and adopted by the PLEB to be incorporated in its Rules of Procedure. Section 440. Decision. - The decision of the PLEB shall be final and executory. Provided, that a decision involving demotion or dismissal from the service may be appealed by the either party with the Regional Appellate Board within ten (l0) days from the receipt of the copy of the decision. Section 441. Budget. – An annual appropriation shall be included in the annual budget of the municipality for the maintenance and operation of the PLEB. The disbursement of funds shall be allocated to the following expenses, to wit: per diems for the PLEB Members, trainings and seminars, travel allowances, supplies, materials and equipment and other expenses necessary to the PLEB operations and maintenance. The Secretary to the PLEB shall be included in the per diems that each regular member shall receive. Section 442. Administrative Provisions. - The Municipal Mayor shall within sixty (60) days following assumption to office, shall reorganize or reconstitute the PLEB. He shall therefore call and preside a meeting with the Municipal Peace and Order Council for the purpose of selecting the three (3) other members and call upon the Liga ng mga Barangay to choose from among themselves who will be their representative. Likewise, the same shall communicate with the Sangguniang Bayan through the Presiding Officer to officially solicit the name of its representative who shall be the Chairman of the Committee on Peace and Order. The personalities to comprise the PLEB from those selected by the Municipal Peace and Order Council and those qualified, having been determined, the Mayor shall forthwith issue their respective appointments. The Mayor shall see to it that the budget mandated in this Article be included in the Executive Budget and shall therefore properly advise the Municipal Budget Officer to incorporate the same. Section 443. Oath of Office. - No member of the PLEB shall assume office and commence to discharge his duties and functions as such without taking his oath of office before a person
duly authorized to administer oath.
Article S. VANDALISM Section 444. Regulated Acts. – No person shall deliberately destroy or deface any public or private property through any kind or form of vandalism including writing or painting unnecessary letters, words, signs, or symbols on any portion of buildings or structures. Section 445. ADMINISTRATIVE FINE. – Any violation of this Article shall be fined an amount of not less than Five Hundred Pesos (Php500.00) but not more than One Thousand Five Hundred Pesos (Php1,500.00). Article T. DIFFERENTLY-ABLED RESIDENTS SECTION 446. REQUIREMENT. - A Special Committee shall be created for purposes of assisting/looking into the problems of the differently-abled sector in the Municipality. SECTION 447. COMPOSITION. – The special committee shall be composed of the following: Chairman Members – Municipal Mayor - NGO Representative - Differently-abled Representative - DepEd Rep. - MSWDO - MLGOO - VNHS Rep. - RHU Rep. - All Barangay Captains SECTION 448. Rules and Regulations. - The following measures for Differently-abled residents are hereby imposed and should be followed: 1. They must be registered by the MSWDO as differently-abled beneficiary.
Vice Chairman – SB Chairman, Com. on Health and Sanitation
They must be a bonafide resident of the Municipality for at least one (1) year.
3. The aforesaid Special Committee has to provide a helping hand to differently-abled residents to become a productive member of the community.
CHAPTER VI BUSINESS REGULATIONS
Article A. FOODSTUFF Section 449. Regulated Acts. – It shall be unlawful for any person to display or sell any Foodstuff in any streets in this Municipality. Section 450. Definitions. – As used in this Article: 1. Municipal Streets- are public road/streets which are maintained by the Municipality for public use. 2. Market – as defined by the Supreme Court in Cruz vs. Court of Appeals et al. SCRA 142, 149 (1987) Market is a public market when it is dedicated to the services of the general public and is operated under government control and supervision as a public utility whether it be owned by the government or any instrumentality thereof or by any private individual. It is a settled doctrine that “public market may be the object of individual ownership or lease, subject to municipal supervision and control”, (citing 43 Corpus Juris 394). 3. Business – means a trade or commercial activity regularly engaged in as a means of livelihood or with a view to profit. 4. 5. 6. Foodstuff- any materials made into or used as food. Shoulder – a strip of land along the side of a road. Stall – is a booth installed to be used for display for business purposes.
Section 451. ADMINISTRATIVE PROVISIONS.
1. All municipal streets and plaza in this Municipality shall not be use as market or display for business purposes for it is beyond the commerce of man. 2. 3. No installation of stalls shall be allowed on the shoulder of municipal streets. A Municipal Task Force shall be created to ensure its proper implementation.
SECTION 452. ADMINISTRATIVE FINE. – Any violation of this Article, shall be fined an amount of not less than One Thousand Pesos (P1,000.00) but not more than Two Thousand Five Hundred Pesos (P2,500.00) and confiscation of goods.
Article B. MINI-SAWMILL/BANDSAW SECTION 453. REQUIRED ACTS. – All mini-sawmill/bandsaw must be located three hundred (300) meters away from the national highway, provincial/Municipal roads in consonance of the Comprehensive Land Use Plan of this municipality. Section 454. Definition of Terms. – As used in this Article: 1. Mini Saw-Mill – a sawmill consisting of a single headrig with a flywheel diameter not exceeding 106 cm. (42 inches) and bandsaw blade with thickness not exceeding three (3) mm. and width of not more than 126 mm. (5 inches), with or without a carriage and a daily rated capacity of not more than eighteen (18) cubic meters or 8,000 board feet of lumber per 8 hour shift. In case equipped with a log carriage or its equivalent, the carriage shall have a gross length of not more than 3.2 mtrs. (10.5 ft.) 2. Headrig- a collective term consisting of a pair of flywheels and a sawing blade.
3. Daily Rated Capacity- the maximum volume of output that a sawmill plant can produce in one (1) shift of eight (8) hours based on the actual performance of the machinery/equipment. This is sometimes referred to as the true rated capacity. 4. Log carriage- a movable flat form, manually or mechanically operated, equipped with a set work mechanism, upon which a log or timber to be fed to the headrig is loaded and controlled.
5. Logging Waste / Residue – wood section (s) generated in the course of normal logging operations and shall include stumps, log trimmings, tops, branches, and tree poles, provided that the scaling dimensions shall not exceed 15 cm. for diameter and 1.5 mtrs. for length. 6. Sustainable Development – meeting the need of the present generation without compromising the ability of the future generations to meet their own. Section 455. RULES AND REGULATIONS. – 1. All Sawmill/bandsaw operators are required to secure Environmental Compliance Certificate (ECC) prior to issuance of Permit to Operate. 2. All existing operators are required for its proper waste disposal in accordance to DENR policies. 3. Existing sawmills/bandsaw operation not in conformity with the requirements under this Article are given (5) five years within which to close or relocate their business operation; provided, that during such period no expansion of any kind shall be undertaken for their business operation. Section 456. administrative provisions. - The Municipal Planning and Development Coordinator (MPDC) is mandated to monitor strict compliance of this Article; and shall cause the issuance of a Memorandum from the Office of the Municipal Mayor warning the concerned operators of their failure to the strict adherence of this Article. Section 457. ADMINISTRATIVE FINE. – Any violation of this Article, shall be fined an amount of not less than Five Hundred Pesos (P500.00) but not more than Two Thousand Five Hundred Pesos (P2,500.00) and cancellation of business permit.
Article C. SING-ALONG/ KARAOKE BAR SECTION 458. REGULATED ACTS. – No person shall operate Sing-along, Karaoke Bar and Night Club business except in specific areas designated in this Municipality. Section 459. Definition of Terms. – As used in this Article: 1. Sing Along – kind of entertainment that employs different kind of electronic devices such as sound amplifier, speaker system, and other components which conforms through the use
of VHS, VCD, DVD and other disc connected to a TV set to display the images and lyrics to guide the customer along his song. 2. Karaoke – shall refer to a kind of entertainment and electronic device which used built-in specification of television and electronic component which will only run or play through token and operated manually through random selection of number specific to every song. 3. Bar- includes sing-along, karaoke bars, beer or pub houses, beer gardens or any place or establishment where food, wine, and drinks are served by GRO’s and hostesses. 4. Night Club- an establishment frequented to pass time and leisure where foods, wines, drinks and music are provided and the patrons are entertained usually by allowing dancing with their partners such as GRO’s, professional hostesses employed by the management. 5. Decibels – a unit measuring relative loudness of sounds, equal to the smallest difference of loudness detectable to the human ear. 6. Guest Relation Officer (GRO) –A Filipino term applied to a woman that host, entertain guest, customers in nightclubs, sing- along and karaoke bars, where job is by serving food, drinks, wines and the like. Section 460. RULES AND REGULATIONS. The operators are obliged to observe the maximum volume of sounds from 3:00 p.m. to 9:00 p.m. (10db); and from 9:00 p.m. to 12:00 midnight (5db), to avoid nuisance within the area. No indecent appearance or floorshow nor two (2) pieces or completely naked, expressing sexual lust are allowed in the said establishment. Persons below eighteen (18) years of age are strictly prohibited within the area; Guest Relation Officer (GRO) shall be allowed to work at the above-named establishment, provided, that they must undergo weekly physical check-up duly certified and signed by the Municipal Health Officer; and those GRO coming from other places must bring with them the health card signed by a physician with negative result; The proprietor of the establishment shall submit the names of the Guest Relation Officer (GRO) who are regularly working at their respective establishment and those GRO coming from other places for monitoring and evaluation purposes. Likewise, all establishments
operating this kind of business shall be subjected to periodic inspection Municipal Health Office in coordination with the SB Committee on Health; The aforesaid establishments are also obliged to put-up sanitary toilet and maintain sanitation; It is likewise prohibited for every person to operate, engage in night club, karaoke bar, videoke and sing along business within the Industrial Estate area and within the radius of two hundred (200) meters from any existing establishments, to wit: 1. 2. 3. 4. 5. 6. 7. Public/Private Schools Public Plaza Municipal Hall / Barangay Hall Gymnasium Religious Center Churches Health centers
Existing business establishment not in conformity with the provision of this Article is given two (2) years from approval of this Code within which to close or relocate their business operation; provided that within the period, no expansion or improvement of any kind shall be introduced. Section 461. Penalty. - Any violation of this article, shall be fined an amount of not less than One Thousand Pesos (P1,000.00) but not more than Two Thousand Five Hundred Pesos (P2,500.00) without prejudice to the closure and cancellation of the permit and license thereof or imprisonment of not less than fifteen (15) days or both at the discretion of the Court.
Article D. MANGO CONTRACTORS SECTION 462. REQUIRED ACTS. –all mango contractors are required to secure mayor’s permit, Barangay clearances from the respective Barangays and undergo mango production/contracting trainings and seminars before engaging in mango production/contracting business in this municipality. Section 463. Definition of Terms. – As used in this article: 1. Mango Contractor is attributed to a person who, by use of chemicals, enduced mango
trees, to bear fruits, tender its bearing stage and administer the harvest on a sharing basis with mango growers. 2. Equipment refers to trucks, power sprayer with hoses and nozzle for mango inducing and spraying. 3. Materials refer drums, plastic container, pails, protective coats, gloves, goggles, masks, boots, rugs, knives and etc. 4. 5. Mango – refers to fruit bearing tree at least five (5) years and above. MAO – refer to Municipal Agriculture Office
6. Mango Industry Association – refers to Department of Agriculture (DA) accredited mango industry known as greater NM Mango Foundation Inc. Region – 10. 7. Mango Grower- refers to grower-owner of mango trees.
Section 464. RULES AND REGULATIONS. 1. No person, shall engage in enducing mango bearing trees, tendering its fruit bearing stage, and administering its harvest on contract or sharing basis without securing a Barangay Clearance to respective barangay before issuance of Mayors Permit from the Office of the Municipal Mayor. 2. All Mango contractors shall undergo training and seminars on Integrated Pest Management (IPM) by MAO in coordination with the Department of Agriculture (DA) and recognized mango industry association. 3. Mango contractors and owners shall attend Cultural Management for non bearing and bearing mango trees and mango induction technology seminar. 4. It shall be the responsibility of the Punong Barangay and mango owner to monitor the mango contractor operating within their respective barangay. Section 465. Administrative Provision. – The Municipal Agriculture Office (MAO) shall formulate additional and specific guidelines that would protect the interest of mango
grower/owner from incorrect use and application of chemicals. Section 466. Penalty. – Any violation of this Article, shall be fine by an amount of not less than One Thousand Pesos (P1,000.00) but not more Two Thousand Five Hundred Pesos (P2,500.00) and imprisonment of not less than One (1) month but not more than Three (3) months or both at the discretion of the Court. Article E. BARANGAY MICRO BUSINESS ENTERPRISE SECTION 467. DECLARATION OF POLICY. – It is hereby declared a policy of the Municipality to adopt and implement the provisions of RA 9178, otherwise known as the “Barangay Micro Business Enterprises (BMBEs) Act of 2002”. Section 468. Registration. - The Office of the Municipal Treasurer shall register BMBEs whose principal place of business is within the Municipality and issue a Certificate of Authority to enable the BMBEs to avail of the incentives under RA 9178. Section 469. Who may Register. – Any person, having the following qualifications, may apply for registration as BMBEs: 1. Have an asset size of not more than three million pesos (P 3,000,000.00) excluding land, before applying for BMBEs registration; and 2. Engaged in the business activities as defined in Sec. 3 (a) of RA 9178.
Section 470. Registration of Procedures. – The following are the procedures when applying for registration as BMBEs: 1. An applicant for BMBEs shall accomplish BMBE Form 01 in triplicate and submit to the Office of the Municipal Treasurer; 2. The Office of the Municipal Treasurer evaluates the application, which shall be processed within fifteen (15) working days upon submission of complete documents. Otherwise, the BMBEs shall be deemed registered; and 3. A registered BMBEs shall be issued a Certificate of Authority as proof of registration, which will be effective for a period of two (2) years, renewable every two (2) years thereafter.
Section 471. Registration Officer. - For efficient registration of BMBEs, the Municipal Mayor may designate a BMBEs Registration Officer who shall be under the Office of the Municipal Treasurer. Section 472. Application Fee. - A non-refundable application fee of one thousand pesos (P1,000.00) shall be paid by the applicant upon submission of the application form. The amount shall be used to defray the costs of registering and monitoring the BMBEs. Section 473. Transfer of Ownership. – The BMBE shall report to the Office of the Municipal Treasurer of any change in the status of its ownership structure, and shall surrender the original copy of the BMBEs Certificate of Authority for notation of the transfer. Section 474. Trade AND Investment Promotion. - The data gathered from business registration shall be made accessible and shall be utilized by private sector organizations and NGO’s for purposes of business matching, trade and investment promotion. Section 475. Information Dissemination. - The Office of the Municipal Mayor thru the Municipal Treasurer’s Office in coordination with the PESO Office, NGO, MSWDO and LIGA in this Municipality in addition to Section 12 of RA 9178, shall ensure the proper and adequate information dissemination of the contents and benefits of the Act to the general public especially to its intended beneficiaries specifically in the Barangay level.
Article F. STEREOS AND SOUND SYSTEM Section 476. Prohibited Acts. – No person shall install stereos, special horns on Tri-motor, trisikad, tricycle and motorela units operating within this municipality. Section 477. Definition of Terms. – As used in this Article: 1. 2. Horn – a trumpet like instrument attached to a vehicle to warn the public. Unconventional Horn – different from the customarily use; not standard
3. Special Horn – a horn particularly designed for other use not for general use for the units aforementioned. 4. Trisikad – 2 passengers cab (mano-mano), a bicycle with side car
5. 6. 7.
Tri-motor – 4 passengers cab with motor Tricycle – 4 passenger motorcycle with side car Motorela – 7 passenger motorcycle with cab
Section 478. Administrative Provision. – It shall be the duty of the PNP and TMC to monitor and apprehend all violators of the aforementioned provision. Apprehension of violators/offenders shall either be issued citation tickets and impounding of the units concerned. Section 478. ADMINISTRATIVE FINE. – Any violation of this Article, shall be fined an amount of not more than Five Hundred Pesos (Php 500.00).
Article G. SINGLE MOTORCYCLE USED IN BUSINESS Section 479. DECLARATION OF POLICY. It is hereby declared the policy of the Municipality to permit and regulate the operation of single motorcycle use in business in this Municipality. Section 480. Definition of Terms. – As use in this Article: 1. Single motorcycle use in business – a single motorcycle with improvised carrier installed on both sides of the unit for goods and cargoes. 2. Head gears – cover for the head
3. Transport for a fee – an operation of a motor vehicle offering to transport goods and cargoes for a fee. Section 481. Guidelines for Applying Business Permit. 1. Motorcycles must “register first with the LTO” before business permit is secured from the Municipality. 2. Must be adequately covered by accredited insurance company.
3. Request and submit application form to the MFRB and pay the corresponding registration fee at the Office of the Municipal Treasurer. 4. The driver must be duly licensed by LTO.
Section 482. Administrative Provisions. – It shall be the duty of the PNP, TMC and MFRB personnel to monitor and apprehend violators/offenders of this Article. Violators/offenders shall either be issued a citation ticket or impound the units. Section 483. ADMINISTRATIVE FINE. – Any violation of this Article, shall be fined an amount of not more than Five Hundred Pesos (P 500.00).
Article H. LUMBER YARD SECTION 484. REGULATED ACTS. - No person shall engage in the sale of lumber without first providing a suitable yard for the storage of lumber which shall be separate and apart from a dwelling house. SECTION 485. RULES AND REGULATIONS. – 1. No person shall live in a house or dwelling in which lumber is stored.
2. The owner shall keep his lumberyard clean and free from deposit of shavings, scraps, sawdust, or any rubbish; and shall not store gasoline, kerosene and other combustible materials within the lumber yard or any building adjoining it. 3. Lumber yard business shall pay an annual fee of one thousand pesos (Php 1,000.00) payable in equal quarterly installment. Section 486. Penalty. – Any violation of this Article, shall be fined an amount of not less than five Hundred Pesos (P500.00) nor more than two thousand pesos (P2,000.00) or an imprisonment of not less than 15 days nor more than (2) months or both at the discretion of the Court.
Article I. POSSESSION AND CARRYING OF DEADLY WEAPON SECTION 487. REGULATORY ACTS. - Any person who sell batangas knives, or balisong,
Moro daggers, or any similar deadly weapons not made for working purposes should register the same and specify the kind and number thereto and shall enter in the registry book as well as the name of purchaser in this Municipality. Section 488. PENALTY. - Any violation of this Article, shall be fined an amount of not more than One Hundred Pesos (P100.00) or punished by imprisonment of not less than fifteen (15) days nor more than thirty (30) days and confiscation of weapon or both at the discretion of the Court.
Article J. COCONUT BUYER SECTION 489. REGULATED ACTS. - No person shall be allowed to engage in business for buying coconuts without first securing a permit and paying the necessary license fees, in the Office of the Municipal Treasurer of this municipality. SECTION 490. RULES AND REGULATION. 1. Children of minor age, below nine (9) years old, are hereby prohibited to sell coconuts and it would be unlawful for the licensee to purchase the same. Section 491. administrative fine. - Any violation of this Article, shall be fined an amount of not more than One Hundred Pesos (P100.00). Article K. INTOXICATING LIQUOR SECTION 492. REGULATED ACTS. – No owner of store, restaurant, carenderia and similar establishments shall sell intoxicating liquor such as but not limited to wine, and alcoholic beverages from 11:00 P.M. until 4:00 in the morning. Section 493. Definition of Terms. – As used in this Article: 1. Drinking Spree – an enhance drinking session leading to intoxication, such as in local celebrations or parties, in visayan “hudyaka”. 2. Intoxicating – anything that makes a person drunk, in visayan “makahubog”.
SECTION 494. RULES AND REGULATIONS.
All establishments mentioned in this Article must provide a Comfort Room.
2. The prohibition under this Article does not apply to households celebrating parties and other fellowship. Provided, that such drinking spree must be confined within the residence premises. 3. No drunk person shall roam, loiter or saunter around within this Municipality.
Section 495. Penalty. – Any violation of this Article, shall be fined an amount of not less than Two Hundred Pesos (P200.00) but not more than One Thousand Pesos (P1,000.00) or imprisonment of not less than 1 month but not more than 3 months or both at the discretion of the Court.
CHAPTER VII PUBLIC MORALS
Article A. X-RATED VCDS, VHS, DVD SECTION 496. PROHIBITED ACTS. – It shall be prohibited to any person, to sell, engage in public showing of x-rated VCD’s, VHS, DVDs nude movie show and the printing or possession of obscene or pornographic materials in the Municipality. SECTION 497. DEFINITION OF TERMS. – As used in this code: 1. 2. 3. 4. Engage – use, attract (pangita) Pornography/obscene – indecent (talan-awong mahilas, kalaw-ay) Illicit – unlawful affair (wala itugot) X-rated tapes, CDs, DVDs, and other equipment as a source – bold video tapes
SECTION 498. BASIS FOR ACTION. – Proclamation No. 62 declares a moral recovery program and enjoining active participation of all sectors in the Filipino society. It aims to mobilize all Filipino for nation-building through the practical exercise of human values in
achieving our individual and national goals. SECTION 499. POLICY, RESPONSIBILITY AND PURPOSE. – It shall be the responsibility of the Municipality and its citizen to develop a heritage founded on a deep love for God and one’s beings. Let this govern the social orders of our community. In order for us to rise from the predicament of moral and spiritual deterioration, everyone is encourage to change. He has to be generated. Everyone should accept the challenge and together will join hands to combat drugs, illicit activities, lewdness or pornography in public places. SECTION 500. REQUIREMENTS. – All establishments shall be subject to periodic ocular inspection to be conducted by the PNP and other local authorities. SECTION 501. ADMINISTRATIVE FINE. – Any violation of this Article, shall be fined an amount of not more than Two Thousand Five Hundred Pesos (P2,500.00) and confiscation of materials.
Article B. DANGEROUS DRUGS COUNCIL SECTION 502. DECLARATION OF POLICY. - There is hereby created a Municipal Anti Drug Abuse Council (MADAC) and Barangay Anti-Drug Abuse Council (BADAC) in every barangay. SECTION 503. ROLES AND RESPONSIBILITIES OF THE COUNCILS. – The local AntiDrug Abuse Council shall perform the following roles and responsibilities: 1. To serve as focal point through which various organizations and individuals work together cooperatively in the planning, implementation and evaluation of programs on drug abuse prevention; 2. To provide for an effective mechanism for the coordination of existing services and programs and those which might be developed in the immediate future; 3. 4. Provide mechanism to obtain funds, volunteers, facilities and technical expertise; and Perform other related responsibilities as may be assigned by competent authorities.
SECTION 504. COMPOSITION. - The Municipal Anti-Drug Abuse Council (MADAC) shall composed of:
1. Chairperson 2. Co-Chairman 3. Members
- Municipal Mayor - Municipal Vice Mayor - MLGOO - ABC President - SB Committee Chairman on Peace and Order - District Supervisor - MHO - MSWDO - NGO/ Socio Civic Groups Representative - PNP - Municipal Trial Court Judge - Church Group Representative
The Barangay Anti-Drug Abuse Council (BADAC) shall composed of: 1. 2. Chairperson – The Punong Barangay Health) - Barangay Kagawad (Chairman, Committee on Peace and Order) - The SK Chairman 3. Members - School Principal/Head Teacher - Barangay Tanod Chairman - Barangay Health Worker - Purok Presidents -Non-Government Org. Representative SECTION 505. ADMINISTRATIVE PROVISIONS. – 1. The BADAC may hold fund-raising activities for purposes of augmenting its funds pursuant to Section 426 (c) of RA 7160 under a Trust Fund Account to be spent for same specific purpose. 2. The BADAC in every Barangay shall meet once a month on the date agreed by the
Action Officers – The Barangay Kagawad ( Chairman, Committee on
members or as often as necessary. 3. That the Punong Barangay shall within 45 days cause the implementation of this Ordinance providing for an administrative fine of FIVE HUNDRED (P500.00) PESOS for noncompliance and without prejudice to other liabilities for dereliction of duties for by existing laws.
CHAPTER VIII PUBLIC POLICY
Article A. FORESHORE AREA SECTION 506. DECLARATION OF POLICY. - It shall be the policy of the Municipal Government to preserve and regulate the use of foreshore areas within the Municipality for future development, such as for commercial purposes. The establishment of a Municipal Wharf and or fishermen docking area as part of development is essential for the municipality’s economic factor and broaden its own sources of revenues. SECTION 507. PROHIBITED ACTS. – It is unlawful for any person to acquire, occupy and to declare for taxation purposes, any portion of the land area along the seashore within the jurisdiction of the Municipality. SECTION 508. DEFINITION OF TERMS. – As used in this Article: 1. 2. Foreshore - part of the shore between the high water mark and low water mark. Adjacent land area – immediate area next to the foreshore
SECTION 509. TECHNICAL DESCRIPTION. – The Technical Description of the area are as follows: Longitude Latitude - 1240 46’ 03. 723 (19803.48) - 80 35’ 14.775 (20232.23)
S 160 36 W 71.35m S 730 20’ E 80.00 m
N 160 36 E 71.35 m N 730 20’ W 80.00 m SECTION 510. ADMINISTRATIVE PROVISION AND REGULATION. – For purposes of the Coastal Resource Management and Development, the Municipal Engineer and the Municipal Planning and Development Officer shall make the necessary development plans and programs in conformity with the application of a Foreshore Lease Agreement with the Department of Environment And Natural Resources and other pertinent documents essential for further development of the foreshore area. Likewise such documents and development plans, after review and approval of the Municipal Mayor shall be considered final and executory. SECTION 511. PENALTY. – Any violation of this Article, shall be fined an amount of not more than Two Thousand Five hundred Pesos (P2,500.00) or imprisonment of three (3) months or both at the discretion of the Court.
Article B. ENVIRONMENTAL COMPLIANCE CERTIFICATE
SECTION 512. REGULATED ACTS. - No person, Investors, Industries and the like, natural or juridical, shall engage in business to any Industries in this Municipality without first securing a Sangguniang Bayan resolution and paying the corresponding fees imposed under existing Municipal Revenue Code. SECTION 513. DEFINITIONS OF TERMS. - As used in this Article: 1. Environmental Compliance Certificate – is a written statement attesting things, conditions that surround the place with willingness to follow with the existing rules and regulations. 2. Monitoring Team – refers to group of persons who give analysis, caution, warning and similar purpose. 3. Social Acceptability – related to human society living in community allowing or giving affirmative answer. SECTION 514. FUNCTION OF THE TEAM. - The existing Environmental and Inspection Team of the Municipality is tasked to assist and coordinate with the Sangguniang Bayan
particularly on areas inspection and monitoring on existing Industries, Plants and Projects. Shall likewise conduct personal interview to directly affected community and shall prepare and submit report to the Sangguniang Bayan relative to the project. SECTION 515. ADMINISTRATIVE PROVISIONS. – 1. The Municipal Mayor shall be authorized in this Article to appoint additional voluntary members of the Environmental Team and is further authorized to recruit and appoint voluntary services of private experts and technical men to assist the tram on the impact monitoring. 2. All Environment Compliance Certificate (ECC) issued by the Department of Environment and Natural Resources (DENR) shall always be accompanied by SB Resolution of this Municipality expressing social acceptability of the projects, endorsed by the Sangguniang Bayan and duly approved by the Municipal Mayor. SECTION 516. PENALTY. - Any violation of this Article, shall be fined an amount of not more than Two Thousand Five Hundred Pesos (P2,500.00) and compromise fee of Five Hundred Pesos (P500.00) without prejudice to the filing of appropriate criminal case.
Article C. HOUSE PLATE NUMBERS SECTION 517. DECLARATION OF POLICY. It shall be the policy of the Municipality to require all households with individual house plate numbers which will be provided by the Municipality upon payment of the corresponding fee. SECTION 518. ADMINISTRATIVE FINE. Any violation of this Article, shall be fined an amount of not less than Five Hundred Pesos (P500.00) but not more than One thousand Pesos (P1,000.00).
Article D. TETHERING OF ANIMALS SECTION 519. PROHIBITED ACTS. – It is strictly prohibited for any person to tether any animal in the public plaza, streets, and promenades which cause destruction on flowers, ornamental plants and trees planted for purposes of beautification in this municipality. SECTION 520. DEFINITION OF TERMS. – As used in this Article:
Tether – rope or chains by which an animal is tied. (higut or tigway) Animals – to include fowls, cattle, carabaos, horse, dogs, goats, pigs and fighting cocks.
SECTION 521. OBJECTIVE. - To ensure the continuing protection of flowers and plants purposely for beautification and tourism. SECTION 522. ADMINISTRATIVE FINE. – Any violation of this Article, shall be fined an amount of not less than One Hundred Fifty (P150.00) but not more than Five Hundred Pesos (P500.00).
Article E. DRYING PLACE SECTION 523. PROHIBITED ACTS. - It shall be unlawful for any person to use the two (2) Basketball Courts and one (1) Tennis Court located at the Municipal Public Plaza as Drying Place of any agricultural products. SECTION 524. PENALTY. - Any violation of this Article, shall be fined an amount of not more than One Thousand Pesos (P1,000.00) or imprisonment of One (1) week or both at the discretion of the Court.
Article F. FUND RAISING SECTION 525. Declaration of Policy. - It is hereby declared that all civic, semi-government and religious organizations undergoing fund raising in this municipality shall secure Mayor’s clearance before engaging such activity. Section 526. Rules and Regulations. - Prior to issuance of Mayor’s Clearance to any entity, the following should be observed: 1. The concerned organizations shall submit to the Municipal Mayor’s Office letter request to solicit funds in this Municipality, copy furnished the Sangguniang Bayan. 2. The said letter should state its purpose and proceeds of the said fund goal and objectives of the organization.
3. Finding the goal and objectives of the campaign is in order, the Mayor may issue a Clearance provided necessary fees has been paid at the Municipal Treasurer’s Office. Section 527. Administrative Provision. - After the fund raising campaign has been accomplished, the concerned entity shall submit a report to the office of the Mayor copy furnished the Sangguniang Bayan stating the total amount collected in this municipality. Section 528. ADMINISTRATIVE FINE. - Any violation of this Article, shall be fined an amount of not more than Two Hundred Pesos (Php 200.00).
Article G. PUROK SYSTEM Section 529. Declaration of Policy. - It is the policy of the Municipality to adopt the Countryside Action Program (CAP). A holistic approach to the delivery of basic services to the constituents and a feed back mechanism with man as the focus of development. CAP is implemented through the Purok system in which all inhabitants shall be members of a Purok. Section 530. Vision and mission. Countryside Action Program: Vision and Mission Statement of Villanueva
1. Vision - a self-reliant community that has achieved a sustainable level of physical, social, economic, cultural environment, moral and spiritual development in an atmosphere of peace. 2. Mission - to efficiently and effectively deliver the basic services with man as the focus of development through the strengthening of the Local Government Bureaucracy and People’s Participation and Empowerment. Section 531. Rules and Regulations. 1. For this purpose, it shall be the duty of the Punong Barangay to spearhead the implementation of the vision and mission herein stipulated, and ensure the continued compliance of all provision provided in this Article. 2. In case the Punong Barangay fails to do so, or incapacitated, the first Barangay Kagawad to lead and carry out all the measures and programs herein provided. 3. There shall be institutionalized Puroks in every Barangay.
4. The Barangay officials headed by the Punong Barangay shall divide the Barangay into areas called Puroks considering the number of households which are situated in the purok’s jurisdiction. 5. All households situated within the defined area shall be registered as the members of the particular Purok except Barangay Kagawads or sectoral officer and their families who are assigned in another Purok during their terms of office. 6. Each Purok shall have a “kiosk” where all members of the Purok hold their monthly meeting and they are required to put up the following basic requirements: a. Purok records and charts, to include the minutes of the Purok meetings, BHW’s records, and Purok treasurer records. b. Records of transient people coming in and out in the purok; c. Spot map d. Purok comfort room e. Vegetable and Herbal gardens f. Compost pit/pile g. Purok label h. Perimeter Fence i. Plant nursery/seed house Section 532. Composition of Officers. - Every Purok shall have the following officers: Purok Chairman Purok Secretary Purok Treasurer a. Health – volunteer health worker b. Peace and order – Barangay Tanod c. Agriculture d. Education e. Livelihood and Environmental protection f. Youth and Sports g. Labor and Industry h. Infrastructure Barangay Kagawad assigned in the area
Sectoral volunteers (8)
Others - like the Auditor and PRO All the Purok officers, except the Purok Chairman who is the elected Barangay Kagawad assigned to the particular Purok shall be elected by the Purok members from among themselves in a Purok assembly called for the purpose. They function as volunteers in their respective areas of concern. Section 533. Administrative Provision. 1. All Officers and members shall meet at least once a month in their Purok and submit reports to the Punong Barangay and all government agencies concerned. Copies of this report shall be furnished to the Office of the Municipal Mayor. 2. Any person who violates the provision of this Article shall be punished by non-issuance of a Purok clearance for whatever legal purpose it may serve, such as pre-requisite for the issuance of a Barangay clearance; 3. He is not entitled to any benefits or privileged derived from the Purok.
Section 534. Penalty. - Any violation of this Article, shall be fined an amount of not more than One Thousand Pesos (Php 1,000.00).
Article H. COMMUNITY E-CENTER Section 535. Declaration of Policy. - To maintain the efficient service of computers it shall be the policy of the Municipality to require all patrons/users to register and secure internet access card. Computer access is computed on a per minute basis. The manpower transaction limit shall be only two (2) hours per person per day in order to share the time for others. Section 536. Definition of Terms. As used in this Article: 1. Access card - a piece of hard paper usually laminated, bearing personal information use to identify the holder being authorized to use the computer. 2. 3. Internet - a worldwide network of computer system. Patrons - a customer or a user.
4. 5. 6.
Stamping - to beat with the bottom of the feet. (pamundak sa tiil) Vagrancy - one who wonders idly. (visayan –bugoy2) Loitering - to roam around idly. (visayan – suroy2)
Section 537. Prohibited Acts. - No person shall be allowed to commit the following acts inside the computer room: 1. 2. 3. 4. 5. 6. 7. Playing computer games, loud music, pornographic videos and audio Smoking, eating, drinking, chewing bubble gums and chicklets Loud talking and the use of cell phones Hanging the feet on the chair, sleeping and napping Stamping feet on the floor Vagrancy and loitering Using dirty and defective disk
Section 538. Procedures and Guidelines on Securing Access Card. – All patrons/users shall be required to secure Computer Access Card with the following procedures and guidelines: 1. Ask from the In-charge and fill-up application form
2. Present the duly filled application form to the Office of the Municipal Treasurer for payment of fees set forth in the existing provision of the Article; 3. Upon presentation of the official receipt the computer in-charge shall issue the internet access card which entitle the holder to become a regular user. 4. Internet access card is renewable annually. Failure to renew shall be the basis of non access. 5. Replacement of lost access card will be issued upon payment of corresponding fee.
Section 539. Rules and Regulations. –
1. 2. 3. 4. 5. 6. 7.
Present your Internet Access Card upon entering; Enter or write your complete name in the logbook, mark the time In and Out; Do not touch anything in the computer room with dirty hands; Proper decorum must be observed inside the computer room; Consult the computer in-charge for any assistance needed; Writing and marking on wares ,tables, and walls are not allowed; Leave your computer terminal off and arrange your workplace before leaving.
Section 540. ADMINISTRATIVE FINE. - Any violation of this Article, shall be fined an amount of not more than Five Hundred pesos (Php 500.00).
Article I. URINATING IN PUBLIC PLACES Section 541. regulated Acts. – No person shall urinate in the following public places: Municipal Hall and compound building premises; Public plaza; church premises; terminal premises; electric post; streets, national highway; private and public market; public beaches and open places in the Municipality except in appropriate places such restroom, toilet or lavatory. Section 542. Definition of Terms. – As used in this Article: 1. 2. 3. 4. 5. Urinating - to discharge urine (visayan –pangihi) Premises - a building and its ground . (nataran, palikbot) Perimeter - the distance around such a boundary Public - all (sa tanan) Private - personal
Section 543. Administrative Provision. – It shall be the duty of the Office of the Municipal Engineer to install signboards at various places mentioned related to the mandate of this
Article. Section 544. ADMINISTRATIVE FINE. - Any violation of this Article, shall be fined an amount of not more than One Hundred pesos (Php 100.00).
Article J. BIRD SANCTUARY Section 545. Declaration of Policy. - It is hereby declared that the following are considered as Bird Sanctuary in the Municipality: 1. 2. 3. 4. 5. 6. 7. Lagatak area Napapong area Lokong area All of Barangay Kimaya area Banban and Madrid area Kirahon area Philippine Sinter Corporation buffer zone
Section 546. Definition of Terms. - As used in this Article, Bird refers to a warm blooded vertebrate of the class aves, covered with feathers except for the legs and feet, which are scaly and having the forelimbs converted into wings. Section 547. Exemptions. - Birds not covered under the wild life sanctuary because its already domesticated by man and it also grown in our backyards or for commercial purposes and rice field disturbances, namely: 1. 2. 3. 4. 5. 6. 7. 8. 9. Chickens - (manok) Ducks Geese Ostrich Turkey Quail Maya Goreons - (pato) - (gansa) - (pabo) - (pugo)
Doves - (salapati)
Section 548. Prohibited Acts. – The following are prohibited in the designated bird sanctuary in the Municipality: 1. 2. The shooting, killing, trapping, capturing or destructions of any means of birds. The gathering, disturbance or destruction of birds nests
3. The keeping of birds either pets, decorative items for whatever purpose except in public places and research laboratories. Section 549. ADMINISTRATIVE FINE. - Any violation of this Article, shall be fined an amount of not more than Five Hundred pesos (Php500.00).
CHAPTER IX BUILDING REGULATIONS
Article A. Issuance of Building Permit Section 550. Regulated Acts. – No person shall erect, construct, alter, renovate, move, convert or demolish any building or structure or cause the same to be done without first securing a Building Permit from the Office of the Municipal Engineer and upon payment of corresponding fees as may be provided by the 2009 Municipal Revenue Code. Section 551. Definition of terms. – As used in this Article the definition of terms embodied in P.D. 1096 (National Building Code of the Philippines) shall have the same meaning of the definition. Section 552. Exemptions. – A Building Permit shall not be required for the following minor constructions and repairs: 1. Minor Construction: a. Construction of waiting shed or structures with floor area not exceeding to six (6) square meters; b. Installation/laying of tiles, bricks and the like;
c. d. e. 2. Repairs: a. b.
Concreting of residential drainage; Construction of water/bath tubs for residential purposes; and All other minor constructions specified in the National Building Code.
Replacement of dilapidated parts of the existing structure; and All other repair as provided in the National Building Code.
Section 553. Administrative Provisions. – 1. Pursuant to Article 7, Section 477 of RA 7160 or the Local Government Code of the Philippines, the Municipal Engineer is designated as the Municipal Building Official; 2. Requirements: a. Building Permit application requirements shall be pursuant to the Rule I of the Implementing Rules and Regulations of P.D. 1096 (National Building Code); 3. Prior to the issuance of Building Permit for building or structure, the Locational Clearance or Certificate Zoning Compliance shall first be secured from the Office of the Municipal Zoning Administrator or the Municipal Planning and Development Coordinator; 4. Other requirements for special projects may obtain clearances as provided in the existing laws, example Department of Agrarian Reform, and Department of Environment and Natural Resources clearances; 5. The Municipal Engineer or his authorized representative shall inspect all building constructions. For this purpose, the owner of the construction or his contractor shall allow the subject official to conduct such inspection; 6. All other provisions of P.D. 1096 (National Building Code of the Philippines) and its Implementing Rules and Regulations are hereby adopted; 7. In addition to the foregoing, no Building Permit shall be issued without first securing a Certificate of Compliance to Fire Safety from the Bureau of Fire Protection; and 8. For local celebration where structures are constructed and used such as floats, arch, makeshift, and the like, no permit from the Municipal Mayor allowing the holding of such celebrations shall be issued unless the safety measure has been inspected, determined and
certified by the Municipal Building Official to have existed. Section 554. Fees, Charges and Fines. – Building permit fees, charges, and fines shall be imposed upon every qualified applicant as provided in Rule III of the Implementing Rules and Regulations of P.D. 1096 (National Building Code of the Philippines). For purposes of this Section, all applicants shall demand an official receipt for every payment made therefore. Section 555. Penalty. – Any violation of this Article shall be penalized in accordance to the provisions of Section 213 of P.D. 1096 (National Building Code of the Philippines).
Article B. MUNICIPAL PUBLIC LIBRARY SECTION 556. PROHIBITED ACTS. – It is strictly prohibited to any person to commit the following acts inside the Library, to wit: 1. Loud talking and the use of cell phones because it may disturb persons who are doing serious research and studies; 2. Eating, drinking and chewing of bubble gum/chicklets, this may result to littering and stains; 3. 4. 5. 6. 7. Sleeping and Napping; Stamping of feet on the floor; Putting the feet on the chair Vagrancy, loitering and dating Smoking and Spitting
SECTION 557. Definition of TerMs. – As used in this Article: 1. Stamping - to strike or beat with the bottom of the feet . (Visayan - lakaw pinabundak ang tiil.) 2. 3. 4. Loitering - to roam around idly. (Visayan - suroy suroy) Vagrancy - one who wonders idly. (Visayan – libudsuroy, bugoy-bugoy) Bonafide - genuine, real
5. Non Members - formerly a regular borrower or cardholder who stop to become a member. SECTION 558. Rules and Regulations. 1. Every user is required to register his name upon entering the library;
2. Personal belongings must be deposited at the counter provided for except the pens and notebooks; 3. 4. 5. 6. 7. 8. 9. Patron/Users are required to present I.D. to the Library Incharge; Ask assistance from the Incharge for the book you need; Read inside the Library only ; Respect the need of others, observe silence; Writing and marking on tables, walls and pages of books are not allowed; Folding or tearing the pages of books, magazines and other reading materials; Inserting anything between the pages of books;
10. Report immediately to the Library Incharge any torn/missing pages of reading materials before checking it out to avoid assuming responsibility for the damage; 11. Reference, reserve, newspapers and journals are for inside use only; 12. Shifting on chairs and tables should be done in a slow manner to avoid nuisance to the general library users; 13. Only registered Library Members are authorize to borrow books with proper receipts; 14. Unauthorized withdrawal of library materials will result to a cancellation of all library privileges;
15. Rentals and fines for overdue shall be paid to the Office of the Municipal Treasurer or to any authorize collector in the amount set in the 2009 Municipal Revenue Code; 16. Once reading is finished the book must be returned to the place where it has been taken to avoid confusion/disorder; 17. Upon going out of the library, all things should be subject to inspection; 18. All books borrowed by the Borrowers Member Card holder (BMC) must be returned within three (3) days. Unfinished research and reading are entitled for renewal; and 19. The Library shall be open from 8:00 A.M. – 12:00 Noon, 1:00 P.M. - 5:00 P.M. Monday to Saturday and 1:00 P.M. to 5:00 P.M. on Sunday. SECTION 559. CATEGORY OF CLIENTS. - As Client control measures there are two (2) kinds of clients or patrons governed in this Article, identified by the color of card they possess. As a matter of policy in controlling vagrancy and loitering, every client shall present his card excluding his companion - assistance for research. The kinds of client presented by color are as follows: 1. Apple Green Color Card - they are clients who are not qualified to become a Borrower Member Card (BMC) holder because they are not bonafide residents and those who are residents but have no desire to become a BMC holder. 2. Pink Color Card - are clients or patrons who are Borrower Member Card BMC Holder.
3. New Library Users shall be allowed to enter the library and read the books provided that they will register and filled-up application form for membership. SECTION 560. GUIDELINES FOR BORROWERS: 1. Only registered members are authorized to borrow books and other library reading materials; 2. All books to be borrowed shall be presented first to the Librarian together with the BMC card for record purposes;
3. Borrowers are required to fill-up the information ask for, print their name, address and affix their signature in the space provided in the borrowers slip or logbook; 4. No additional book borrowing shall be extended to members who has an overdue fines and unreturned library materials; 5. 6. 7. For every library materials borrowed, a check out receipts/slips shall be issued. Holder of BMC shall no longer be required to pay regulatory and service fee. Guidelines for borrowers shall be posted at the conspicuous place inside the library.
SECTION 561. ADMINISTRATIVE PROVISION. - There shall be an application form and other necessary forms, records created for the attainment of the aforementioned policies. It shall be the duty of the Library Incharge to issue the membership card upon presentation of Official Receipt issued by the Office of the Municipal Treasurer. SECTION 562. ADMINISTRATIVE FINE. - Any person violating this Article, shall be fined an amount of Five Hundred Pesos (P500.00) and cancellation of membership. In case of damage of books and other Library materials the Librarian shall determine the extent of damage and the corresponding payment. All payments shall be paid to the Office of the Municipal Treasurer. In case of loss of books and other library materials borrowed made by the borrower, the value should be paid by the borrower. All payments shall be paid to the Office of the Municipal Treasurer.
Article C. HOUSES, SHANTIES AND MAKESHIFTS SECTION 563. Prohibited Acts. - No person shall construct, build or erect a house or building, shanties, makeshifts or any structure whether permanent or temporary of whatever form and nature, inside and within the Municipal site of this Municipality.
SECTION 564. Definition of Terms. – As used in this Article, Municipal Site - a parcel of land situated at Centro Poblacion, this Municipality bounded on the North by Municipal road; on the South, by lot 2-1-3, lot 2-k-1 and the Cemetery; on the East by national highway; and on the West, by Macajalar Bay (shoreline) containing a total area of eleven thousand three hundred sixteen (11,316.70) square meters, surveyed under cadastral Lot No. 1036-Pls 923 in the name of the Municipal Government of Villanueva, evidenced by the Technical Description issued by the Bureau of Lands. SECTION 565. Administrative Provision. 1. That the above described Municipal Site is the very same property acquired by the Municipal Government of Villanueva pursuant to its power of Eminent Domain in an Expropriation Proceedings filed against Casimero Tamparong, the former owner, which was decided in favor of the Municipality by the Court of First Instance of Misamis Oriental sometime in the year 1972 and later modified and affirmed by the Court of Appeals on Nov. 18, 1976 under CA- G.R. NO. 57644-R. 2. That the repair, renovation or improvement introduced to the houses or structures already existing at the time of the approval shall be considered as violation thereto. SECTION 566. Penalty. - Any person who violated this Article shall upon conviction suffer the penalty of imprisonment ranging from ten (10) to thirty (30) days or a fine of not less than Five Hundred pesos (Php 500.00) or both at the discretion of the Court.
CHAPTER X TRANSPORTATION AND TRAFFIC
Article A. MUNICIPAL FRANCHISING AND REGULATORY BOARD SECTION 567. DECLARATION OF POLICY. – It shall be the policy of this municipality implementing the devolution of LTFRBs Franchising Authority on Tricycle for hire and prescribing the regulations, licensing, conditions and qualification thereof. SECTION 568. DEFINITION OF TERMS. – As used in this Article: 1. TRICYCLE-FOR-HIRE – is a motor vehicle composed of a motorcycle fitted with a
single wheel side car or a motorcycle with a two wheel cab operated to render transport services to the general public for a fee. 2. MUNICIPALITY OF VILLANUEVA FRANCHISING AND REGULATORY BOARD ON TRICYCLE-FOR-HIRE – it is a body created by the Sangguniang Bayan to conduct the processing of franchise or issuance or provisional authority applied for by the operator. This body was created for the sake of public convenience in the issuance of the above-mentioned requirements. 3. MOTORIZED TRICYCLE OPERATORS PERMIT OR MTOP – is the document granting franchise or license to operate, issued to a person, allowing him to operate tricycle-for-hire over zones specified therein. 4. A ZONE – is a contiguous land area of block, say a subdivision or a barangay, where a tricycle-for-hire may operate without a fixed origin and destination.
SECTION 569. AUTHORITY AND POWERS DEVOLVED TO THE SANGGUNIANG BAYAN. - In lieu of the Land Transportation Franchising and Regulatory Board (LTFRB) this Municipality shall perform the following: 1. Issue, amend, revise, suspend or cancel MTOP and prescribe the appropriate term and condition therefore; 2. Determine, fix, prescribe or periodically adjust fares or rates for the service provided in a zone after public hearing and prescribe and regulate zone of service in coordination with the barangay of which the Punong Barangay shall certify the appropriate route and the necessity of services in its area; 3. Fix, impose, collect and periodically review and adjust but not oftener than once in every three (3) years, reasonable fees and other related charges in the regulation of tricycle-for-hire, and establish and prescribe the condition and qualification of service. SECTION 570. THE CREATION OF SPECIAL BODY. - There shall be a special body created by this council to be known as the Municipal Franchising and Regulatory Board (MFRB), tasked to enhance the process and issuance of applications and provisional authority to operate. This body shall be composed of existing municipal employees designated to work for this as their additional functions. The MFRB shall formulate the plans, system and procedures with the concurrence of
the majority of the members of the Sangguniang Bayan. The composition are as follows: 1. Municipal Engineer – To conduct actual inspection on all Tricycle-for-Hire and certifies to its road worthiness and standard. To attend meetings called for the purpose of this Article, in case of his absence, he shall assign in writing anyone from his staff to represent in his behalf. 2. The Sangguniang Bayan Secretary – He may act as the secretary of the MFRB and may prepare and countersign documents relative to the purpose of this Article. To attend meetings called for the above purpose. 3. The Legislative Aide – He may do the encoding jobs and keep records and assist the secretary in the preparation and issuance of MTOP applications. 4. SB Member, Chairman, Committee on Peace and Order – He shall preside over the meeting of the MFRB and shall sign documents in behalf of the Sangguniang Bayan relative to this Article. SECTION 571. GENERAL PROVISION. - No person shall be allowed to establish or carry on the business of Tricycle-for-Hire without first securing from MFRB a corresponding franchise, certificate of Public convenience or provisional authority to do so. SECTION 572. EQUIPMENT CONDITION OF UNITS. Every tricycle-for-hire shall be strongly built, well balanced and neatly painted and shall have firm connection, upholstered seat with its side and back rest duly provided with upholstery. The roof/ceiling shall have a passenger lamp, with clear lights at the front, with water proof curtains and rain aprons, and shall be provided with horns for warning purposes. There must be a rear view mirror, a side mirror and a good brake and the same shall be inspected by the Municipal engineer as to its road worthiness. In addition to the lighting of the prime mover (motor cycle itself), lights must be provided on the cab and two (2) in the front side of the cab and two (2) for the tail light. SECTION 573. RULES OF ENTRY. 1. Only Filipino citizens and partnership or corporations with 60% Filipino equity, are qualified to be operators of tricycle-for-hire. However, no MTOP shall be granted unless the
applicant is in possession of units with valid registration papers from the Land Transportation Office (LTO). 2. Grantee of MTOP must carry common carrier insurance sufficient to answer for any liability it may incur to passengers and third parties in the case of accidents. SECTON 574. SYSTEM AND PROCEDURE. 1. Applicant shall file its petition to the Sangguniang Bayan thru the SB Secretary, one (1) copy of such petition shall be furnished to the Municipal Legal Counsel or Judge. 2. Applicant desiring to operate a tricycle-for-hire shall first apply for a permit at the office of the Municipal Mayor and pay the corresponding permit fee imposed under 2009 Municipal Revenue Code. 3. Applicant shall present his unit to the Municipal Engineer for proper inspection.
4. Applicant shall submit the inspection certificate duly signed by the Municipal Engineer, to the SB Secretary and filed his application form and pay the corresponding fees to the Office of the Municipal Treasurer. 5. Applicant shall present a Community Tax certificate (CTC) and Proof of Citizenship or his voter’s affidavit.
SECTION 575. Passengers Fare. - The Passenger fare shall be a minimum fee of P5.00 per person. SECTION 576. Limitation and Operating Conditions. 1. For the convenience of the public and in the interest for peace, good order and safety, the total numbers of units to operate in this municipality shall be limited to 40 units only; and that the Municipal Mayor shall issue a business permit for operation of not exceeding 40 units, certified to by the Municipal Engineer every 6 months to be safe, reliable and fit for passenger carriage. The Municipal Engineer, shall certify to the safety, reliability and fitness of a particular tricycle unit when, upon actual inspection, the unit conforms to minimum required standards mentioned in Sec. 676 of this Article.
2. It shall be unlawful for any person to continue the operation of tricycle-for-hire after he or his representative receives notice of refusal, rejection or disapproval of his application for a franchise or certificate of public convenience, or when he abandons his application or does not make any step to follow it up for more than 60 days. 3. No driver shall refuse to convey passenger except during lunch time (12:00 noon to 1:00 p.m.) and dinner time (7:00 p.m. to 8:00 p.m.). 4. No person shall operate a tricycle-for-hire under this Article shall load his vehicle with more than 7 passengers including driver. Likewise he shall not load freight exceeding 350 kilos. Drivers should follow the prescribed dress code stipulated under Article E. 5. Tricycle-for-hire registered in the Municipality must operate only within the Municipal boundary. Tricyle-for-hire registered in adjacent municipality and operates in any portion of the boundary of this Municipality shall likewise secure a franchise and pay corresponding fees covered in this 2009 Municipal Revenue Code. 6. For safety reasons, drivers are required to observe and follow strictly all traffic rules and regulations and are not allowed to use national highways utilized by 4-wheel vehicles, except when no other alternative route going to destination that is within the Municipal boundary of this Municipality. 7. A common color for tricycle-for-hire operating in the same zone may be imposed. Each unit shall be assigned and bear an identification number, aside from its LTO license plate number. 8. Operators or grantee shall employee only drivers duly licensed by LTO and its tricyclefor-hire shall be allowed to operate like taxi service, that is service is rendered upon demand and without a fixed route within a zone. Grantee/applicant is also prohibited from employing student drivers to operate their units. 9. Grantee/applicant especially those who employ drivers and operates more than 1 unit may comply with the laws, rules and regulations of the Department of Labor and of the Social Security Act. 10. An operator wishing to stop service completely, or to suspend service for more than one month, should report in writing, such termination or suspension and return its assigned number to the MFRB which originally granted the MTOP prior thereto. Transfer to another zone may be permitted upon application.
11. The MTOP shall be valid for three (3) years, renewable for the same period. Transfer to another zone, change of ownership of unit or transfer of MTOP and shall require appropriate approval of the Sangguniang Bayan, or transfer of MTOP shall be construed as an amendment to an MTOP. SECTION 577. Other Provision.- Zoning of the whole area of the Municipality may be established and implemented upon reaching the forty (40) units of actual operation. SECTION 578. PENALTY. Any person violating this Article shall be fined an amount of not less than Two Hundred Pesos (P200.00) but not more than One Thousand Five Hundred Pesos (P1,500.00) or imprisonment of not less than 10 days nor more than 15 days or both such fine and imprisonment at the discretion of the Court.
Article B. TRAFFIC ROUTE/LOADING AND UNLOADING SECTION 579. REGULATED ACTS. – It is hereby regulated the route, parking, loading and unloading of PUJs, PUBs, Taxis, shuttle buses, logging trucks, truck with trailers, motorelas, motorsikad and trisikad in this municipality. SECTION 580. RULES AND REGULATIONS. – 1. All Trisikads, Motorized Sikads, Motorelas and Tricycle plying the route of Barangay Looc-Poblacions1,2,3-Zone 2, Katipunan and Vice versa shall have the following route: Trisikad/Motorized Sikad/ Motorela Exitpoint a. Designated Route-ways Barangay Poblacion 1 Exit from BST Hardware Junction turn right along the National highway and passing junction Claveria Provincial road then proceed into its destination. Provided, that no picking up or dropping of passengers or cargoes from BST hardware to Baloc Creek.
to Barangay Looc
Barangay Looc to Entering Poblacion1 by left Turn descending down Jose P. Laurel St. into its destination. Provided, that no picking or dropping of passengers or cargoes within the area from the Baloc creek bridge Jose P. Laurel Street.
From Barangay Poblacion 2 to crossing
Entering/Exit using the only, unto destination.
Barangay Katipunan infront Swift plant
Toribio N. Chaves street
2. Designated Parking, Loading and Unloading Areas. For purposes of this Article, the following are the designated parking, loading and unloading areas: Type of Vehicle or Transportation a. PUJ, PUB, Taxi, Shuttle Bus, Designated Areas/Points From the corner street of Toribio Chavez street Along the National Highway to the corner of Gregorio Pelaez, St. (Infront of the Municipal Gymnasium) PUJs from Claveria, Mis. Or. Fronting Former Kag. A. Zayas, Sr. left turn passing Cabanlas residence to Don Toribio Chaves St. left turn going to Birondo residence of Purok Mutya proceed to public market at Brgy. Katipunan.
Logging Truck and Truck with Trailer
Taxi, Private Cars, Owner cars, to the Barangay Market
Infront immediately adjacent
Delivery vehicle, vans and
SECTION 581. DESIGNATED ROUTE WAYS. - For Safety Regulation for Tricycle/motorized Sikad and Trisikad: 1. NO U-TURN – Tricycle/Motorized Sikad and Trisikad are strictly prohibited to make U-turn along the National Highway where they are allowed to pass through. Drivers must go to a Municipal street or a safety interior area to make a “U-TURN” in order to go back to the desired destination. ROAD RIGHT OF WAY – Tricycle, Motorized Sikad and Trisikad are given the shoulder lane of the National Highway as their authorized lane/ road right of way. However, they can use up to a maximum of 1.3 meter into the National lane from the edge point of shoulder lane when the latter are occupied/or not passable.
SECTION 582. PARKING REGULATIONS. - Prohibited parking, loading and unloading areas or points except at the area described on this article, it is prohibited to park, load and unload cargoes or passengers at the following areas. Type of vehicles or transportation Prohibited areas or points On either sides of the
1. PUJ, PUB, TAXI, shuttle bus, logging Truck, Truck with trail , motorela, Motorized Sikad and Trisikad
National Highway from the gate of Vicente N. Chaves Memorial Central School to the approach portion of Baloc creek bridge.
2. PUB, logging truck, truck with Trailer, Motorela, motorized sikad, Trisikad Taxi, Private Cars, Owner cars Delivery vehicle, vans, motorcycles And PUJ, Fish Car, Shuttle Bus
On either sides of the Provincial road to Claveria from the crossing or junction point of the National Highway to
3. Logging trucks, trucks with trailers, PUJ and PUB
On either sides of Don Gregorio Pelaez Street
within 30 meters radius from National Highway crossing. SECTION 583. Prohibited Route-ways. - For Trisikad/Motorized Sikad/Motorela a. All Trisikad, Motorized Sikad, Motorela and Tricycle are prohibited to pass or ply the route along the National Highway of Barangay Poblacion1 and 2 area, except the route-way allowed to them Section 581 of this Article. b. All types of Motor Vehicle and Trisikad are prohibited to pass or ply and blow horns along the street infront of the Roman Catholic Church during Sunday mass starting from 5:00 A.M. to 10:00 A.M. and 5:00 P.M. to 6:30 P.M. SECTION 584. Speed Limits. - All types of motor vehicle plying the route from Vicente N. Chaves Memorial Central School (VNCMCS), to Baloc Bridge are prohibited to have a speed of more than 40 kilometers per hour. SECTION 585. Pedestrian Crossing Lanes. - The following are the designated pedestrian crossing lanes: 1. 2. 3. 4. 5. Infront of VNCMCS of the National Highway; At the crossing side of the National Highway and T. Chaves Street; At the crossing side of the National Highway and G. Pelaez Street; At the crossing side of the National Highway and Claveria road; and At the crossing side of the National Highway and Banban road of Barangay Looc.
SECTION 586. Penalty. – Any person violating this article shall be fined the amount of: 4-wheel motor vehicle 6-wheel motor vehicle and up Trisikad, Motorized SIkad, P 300.00 400.00
Motorela and Tricycle
Article C. TRAFFIC MANAGEMENT COMMITTEE SECTION 587. DECLARATION OF POLICY. – There shall be created a Traffic Management Committee in this Municipality. SECTION 588. COMPOSITION. A Traffic Management Committee (TMC)shall be composed of the following: 1. 2. 3. Chairman – SB Committee Chairman of Police and Public Order Vice Chairman - PNP Station Commander or any PNP Traffic Officer Members – a. b. c. Officer from Federation of the NGOs One Member from the MPOC An Officer or member of the ACVB
SECTION 589. Function of the Committee. 1. It shall hold a regular meeting once a month.
2. It shall study and formulate measures and policies related to traffic administration and conduct trainings and seminars to all traffic enforcers. 3. Supervise and support all designated traffic enforcer and peace and order officer duly appointed for traffic law enforcement. 4. The Committee members shall receive an honorarium of five hundred pesos (P500.00) per month. 5. To recommend to the Municipal Mayor the appointment of Traffic Enforcer and Peace and Order Officer.
6. Every traffic enforcer or peace and order officer shall be given citation ticket booklet duly accounted and re-checked by the Traffic Management Committee Secretary. 7. The Committee shall designate any of its members as a Secretary with an additional honorarium of two hundred pesos (P200.00) per month. 8. To perform other tasks related to traffic enforcement that the LCE may assigned to them from time to time.
SECTION 590. Issuance of Traffic Citation Tickets. – There shall be traffic citation tickets issued to all offenders or violators of traffic rules and regulations of the Municipality. SECTION 591. Procedures on the use and issuance of traffic citation tickets. 1. To require all drivers and operators association to submit lists of their members with its corresponding units/vehicle registered to the LTFRB and MTFRB. 2. Booklet of citation tickets shall be keep and controlled by the Municipal Treasurer. It must consecutively number and accounted for. 3. Only the traffic management committee through its Secretary with confirmation of the Chairman is authorized to make a request from the Municipal Treasurer Office for issuance or replacement of consumed traffic citation tickets. 4. The traffic management committee through its Secretary shall make proper accounting and distribution to all authorized designated traffic enforcer or peace and order officer. 5. The TMC shall submit lists of traffic violators to Land Transportation Office (LTO) Cagayan de Oro thereby requesting the said officers to advice the traffic offenders during their renewal of licenses to secure first a clearance from Villanueva TMC office. 6. All designated traffic enforcer or peace and order officer upon issuance of citation ticket shall prepare it in triplicate forms, the original copy shall be given to the offender, the duplicate copy is turned over to the TMC Secretary and the 3rd copy shall be sent to the Municipal Treasurer within 24 hrs. from the time it was issued.
7. It is prohibited for all apprehending officers to cancel citation tickets. If the apprehending officer is found violating this Article, the TMC shall recommend the imposition of administrative fines to the Municipal Mayor in the amount of P500.00 to be deducted from his monthly salary or honorarium. SECTION 592. RULES AND REGULATIONS. 1. All offenders or violators of this traffic rules and regulations ordinance shall settle the fines within seventy two (72) hrs. from receipt of the said citation ticket, otherwise, the case shall be forwarded to the Municipal Trial Circuit Court for filing of the necessary action/charges, to be initiated by the Chief of Police or the PNP Traffic Officer. 2. Before any settlement of fines are made, the Municipal Treasurer or his duly authorized representative shall require the offenders/violators to secure first from the TMC office the penalty assessment certificate duly prepared and signed by its Secretary. 3. Any apprehending officer who fails to turn-over the duplicate copy to the TMC Secretary and the third copy to the Office of the Municipal Treasurer within the prescribed period set forth in the preceding section, shall be administratively sanctioned through the imposition of a fine equivalent to 100% of the fine imposed to the corresponding offenders. 4. All fines collected under this Article shall accrue to the General Fund and shall be treated and accounted as Trust Accounts for the improvement of traffic management. 5. No apprehending officer shall receive money as payment of penalties except the Municipal Treasurer or any bonded collectors of the Municipality. 6. Operators or driver of Tricycle, Motorized sikad and Trisikad shall be penalize if found driven by differently abled person, below 18 years or above 60 years of age and without permit or license. The unit shall be impounded and released only upon payment of the corresponding fines. SECTION 593. Prohibited Acts. - It is hereby prohibited for any person to violate the following traffic rules, to wit: 1. Violation in connection with Driving : a. Failure to carry driver’s license when operating or driving motorized trisikad (trimotor)and mayor’s permit in the case of trisikad drivers. b. Owner/operator of a motorized sikad and trisikad who employs, permit,
allows or tolerates unlicensed person to drive his motorized sikad and trisikad. c. Any person who allows another person to use his permit for the purpose of operating motorized sikad and trisikad. d. e. f. 2. Driving while under the influence of liquor. Unregistered unit and driver. Violators on designated route ways for motorized sikad/trisikad.
Violation in connection with Plate Numbers and Stickers: a. Driving or operating a motorized sikad or trisikad with the plate number/ annual sticker not firmly attached thereto and the body number not visible and legible. b. Drivers operating a motorized sikad or trisikad without stickers showing current registration. c. d. Units with no plate lights and reflector. Duplications of unit’s body number and plate number.
3. Violation relative to equipment, parts, accessories, devices and markings of motorized sikad or trisikad: a. Motorized sikad and trisikad with defective brakes or no brake lights.
b. Installing or using a horn signaling device emitting an exceptionally loud, startling or unconventional horns. c. Motorized sikad or trisikad not bearing on each side a rear light showing a red light visible at least one hundred meters distance from the unit. d. e. f. Motorized sikad without a muffler or silencer. Motorized sikad or trisikad without a functional headlight. Installation of sound equipment.
Parking and Other Violations: a. Prohibited Parking or Illegal Parking. - Parking a motorized sikad or trisikad or permitting it to stand whether attended or unattended, upon a highway in any of the following places: within an intersection on a pedestrian lane (crosswalk) within six (6) meters from the intersection of curve lines double parking at any place where “NO PARKING” signs have been installed Allowing passenger to ride on the cover or top of the motorized sikad Arrogance or discourtesy Overloading/excess of passengers Operating outside the designated route of the unit; Refuse to convey passengers/trip cutting; Overcharging; Disregarding traffic sign(s); Failure to dim headlight Driving in a slippers or sleeveless shirt
within four(4) meters of the entrance of a private driveway b. c. d. e. f. g. h. i. j.
Reckless Driving – is an act of driving without care, prudence or caution. 5. Traffic Violations:
Illegal turn - Non observance of U turn, left and right turns signs.
b. Illegal Overtaking- failure to pass to the left when overtaking a vehicle going the same directions except when there are two or more lanes for the movement of traffic in one directions or overtaking another vehicle in a no overtaking zone; c. Overtaking when left side is not visible or clear of incoming traffic driving to the left side of the center line of highway in overtaking or passing another vehicle proceeding in the same direction wherein the left side is not clearly visible and is not free of incoming traffic for a sufficient distance to pass in safely. SECTION 594. PENALTY. – Any person who violates any provision of this Article shall be fined in the amount of not more than one thousand pesos (P1,000.00) or imprisonment of not more than fifteen (15) days or both fine and imprisonment at the discretion of the Court.
Article D. GYMNASIUM AND PUBLIC PLAZA PARKING SECTION 595. PROHIBITED ACTS. – No person shall park any vehicle within the distance of 15 meters from the gymnasium frontage wall towards the highway and the inside area of the public plaza. SECTION 596. PURPOSE. – It is the intention of this MUNICIPALITY to enact the aforementioned “NO PARKING” policy for this particular area to avoid overcrowding and for public safety purposes. SECTION 597.DEFINITION – As use in this Article, the term “vehicle” includes but not limited to Jeeps, automobiles, trucks, vans, cars, taxi, motorcycles, tri motor and trisikad, either public or private. SECTION 598. ADMINISTRATIVE PROVISION, – It shall be the duty of the local PNP station to implement and supervise the proper parking arrangement to any available space of the Gymnasium and public plaza as provided for under this article. SECTION 599. ADMINISTRATIVE FINE – Any person violating this Article shall be fined an amount of not less than P 100.00 for the first 15 minutes duration of parking and P 50.00 for every 30 minutes thereafter.
Article E. DRIVERS DRESS CODE SECTION 600. REQUIRED ACTS. – All Motorela and Tricycle Drivers operating within this Municipality shall wear proper and clean attire while driving. SECTION 601. DEFINITION OF TERMS. - As used in this Article: 1. Motorela – a four (4) wheel vehicles powered by an engine for purposes of transporting passengers for a fee. 2. 3. Tricycle/trisikad – a three (3) wheeled vehicle operated by pedals (manomano) Motorized tricycle/trisikad – a tree (3) wheeled tricycle provided with an IC motor engine.
4. Drivers – are persons authorized to operate/drive by LTO or Municipal Franchising and Regulatory Board. SECTION 602. RULES AND REGULATIONS. Male drivers are required to wear clean shirt, long pants and shoes while transporting passengers. Wearing of sleeveless/sando and short pants are strictly prohibited. Female drivers are required to wear clean shirts with sleeves or blouse, long pants and shoes. SECTION 603. MONITORING. 1. Motorela, Tricycle and Trisikad operators are also required to remind their respective drivers to observe the dress code as prescribed under this Article. 2. Likewise, the Municipal Police Station, CVO’S and ACVB are task to coordinate proper implementation of this Article. SECTION 604. ADMINISTRATIVE FINE. – Any violation of this Article, shall be fined an amount of not less than One hundred Pesos (P100.00) but not more than One Thousand Pesos (P1,000.00) and cancellation of permit.
Article F. TRIMOTOR AND TRISIKAD Section 605. PROHIBITED ACTS. – No Trimotor and Trisikad shall be authorized to operate without first securing a Mayor’s Permit and a franchise license granted by the Municipal Franchising and Regulatory Board (MFRB) before engaging in the transport of cargoes and passengers for a pay. Section 606. Definition of Terms. – As use in this Article: 1. Permit – a written license issued by an authority.
2. Tri-motor with Industrial Combustion(IC) Engine – is a Filipino indigenous contrivance/invention fitted with IC engines with mixed attachment of bicycle and motorcycle parts, mounted with a side cab, used to transport passenger and cargoes. 3. Route – a course of travel especially between two (2) distant points.
Section 607. Administrative Provisions. - There shall be an authorized trimotor and trisikad for Public Utility Conveyance to operate along the routes herein prescribed: 1. Upon recommendation of the Traffic Management Committee (TMC), a permit to operate shall be granted by the Office of the Municipal Mayor pursuant to the provisions of this Article and shall be renewed annually. 2. Renewal of Business Permit for the trimotor and trisikad will be every month of January.
3. Issued Plate Number/Body Number of trimotor and trisikad shall be his permanent number for the ensuing years until revoked. Failure on the part of the owner/operator of trimotor and trisikad to renew his license within two (2) consecutive years, will be cancelled/revoked automatically. 4. No trimotor and trisikad operator shall be allowed to transfer/sell his assigned permanent number to another, unless authority has been granted and approved by the Chairman of the Traffic Management Committee (TMC), or his duly authorized Representative.
All trimotor and trisikad shall not be allowed to pass along the national highway.
6. No tri-motor and trisikad shall be allowed to carry more than six (6) passengers including the driver. 7. The normal speed shall not exceed ten (10) kph.
8. Qualification of Operators and Drivers. All operators and drivers of trimotor and trisikad shall not be less than eighteen (18) years old, of good moral character and a bonafide resident of the Municipality. 9. The Traffic Officer/TMC Personnel are hereby authorized to issue Citation Tickets and impound the unit per violation. The unit shall be release only upon presentation of an Official Receipt from the Office of the Municipal Treasurer as proof of payment of fines. 10. Only an original copy and not xerox copies shall be accepted in case of the renewal of business permit. The MFRB should maintain a list of the total number of Registered Units as well as the Drivers and in the process, conduct an inventory of actual units operating within the Municipality. Every owner or operator shall be allowed to own, register and operate a maximum of three (3) units trimotor/trisikad only.
Section 608. Standard Requirements. - No unit shall be registered/ renewed without the following: 1. Certificate/ID as proof that the operator applying for registration/renewal of trimotor and trisikad has attended a Traffic Seminar conducted by the Municipality, in coordination with the Traffic Officer of the Local PNP Station and the SB Committee Chairman on Transportation. 2. Upon renewal, the previous permit and license of the previous year has to be surrendered at the MFRB Office. 3. Reflectorized stickers (measuring 2”x6”) shall be attached at the left and right side of the rear portion for the red color and yellow on the front of the unit. 4. Print in paint the name of the unit operator/owner at the right and left side portion of the unit.
A signal light must be provided at the left and right rear portion of the unit.
Section 609. Fare Rates. The flat fare rate charge is P5.00 per passenger for the first 5 kilometers. Regular 1. 2. 3. 4. Katipunan to Poblacion Looc to Poblacion Looc to Katipunan Dayawan to Poblacion P5.00 P5.00 P10.00 P10.00 Student/Senior Citizen P 4.00 P 4.00 P 8.00 P 8.00
No increase of fare shall be effected unless it is authorized and approved by the MFRB. Section 610. administrative fine. - Any violation of this Article, shall be fined an amount of not more than Five Hundred Pesos (P500.00).
Article G. PUBLIC UTILITY JEEP SECTION 611. PROHIBITED ACTS. - No public utility jeep, whose authorized line or route is Cagayan/Tagoloan and vise versa be allowed to operate or conduct business within the Municipality of Villanueva. SECTION 612. PENALTY. – Any violation of this Article, shall be fined an amount of not less than one thousand five hundred pesos (P1,500.00) and imprisonment of not less than ten (10) days but not more than thirty (30) days or both at the discretion of the Court.
Article H. TRISIKAD/TRIMOTOR OPERATION SECTION 613. DECLARATION OF POLICY. – It is hereby declared to limit the number of trisikad/trimotor operating within this Municipality to one thousand (1,000) units only.
SECTION 614. RULES AND REGULATIONS. – 1. The ever increasing number of trisikad/trimotor paralyzed and affects the daily income of operators/drivers thus the latter can no longer pay their daily fees such as boundary, rentals and etc. 2. Too much number of trisikad/trimotor units will probably cause traffic congestion and accidents. 3. All trisikad/trimotor units shall be consecutively numbered from 1 until the maximum of 200 units including the name of the operator to be neatly painted in the left and right body of the unit.
CHAPTER XI LOCAL CELEBRATIONS
ARTICLE A. TABO/MARKET DAY Section 615. DECLARATION OF POLICY. – Every Friday is hereby declared as Market Day of the Municipality of Villanueva. SECTION 616. ADMINISTRATIVE PROVISIONS. – The focal place of the said Market day shall be at the Municipal Market situated at Barangay Katipunan. The Office of the Municipal Mayor through the Office of the Municipal Administrator shall see to it that vehicles of the MUNICIPALITY shall be made available to transport for free all farmers and their farm products from their respective barangays within the municipality to the Municipal Public Market and return after selling the same; and The Office of the Municipal Mayor shall include annually an amount for purposes of defraying the cost of gasoline, oil and such other maintenance expenses for such government vehicles utilized for such transport including the rental of any private vehicle when necessary.
ARTICLE B. MUNICIPAL CULTURE and ARTS MONTH Section 617. Declaration Policy. - The period from the 30th day of November (Andres Bonifacio Day) until the 30th day of December (Rizal Day) is hereby declared as “Municipal Culture and Arts Month” in the Municipality. Section 618. Objectives. 1. To promote appreciation of the Philippines and local culture heritage and artistic talent through the different areas of expression among the constituents in the Municipality; and 2. To inculcate among the constituents in the Municipality especially the youths, the values of patriotism and nationalism thereby enhancing national and local consciousness. Section 619. Program and Activities. - The Municipal Government shall formulate programs and conduct activities in close coordination with various religious organizations, NGOs, POs, and other government agencies and institutions, private firms and individuals for the promotion and enhancement of culture, the arts and tourism thereby encouraging them to sponsor or co-sponsor such programs and activities. Section 620. Administrative Provisions. 1. There is hereby created an Oversight Committee to be composed of the following: : Municipal Mayor : Municipal Vice Mayor - SB Chairman, Health, Sanitation and Tourism - President, Liga ng mga Barangay - President, SK Federation - DepEd District Supervisor or representative - Heads of Offices or representative - Presidents of NGOs, Pos 2. The Oversight Committee shall oversee the formulation of the programs and activities for the municipal culture and the arts month. The oversight committee shall create or appoint
Chairman Vice Chairman
Members : SB Chairman, Committee on Education
subcommittees or executive committees for the various programs and activities formulated, for purposes of achieving the objectives of this Article.
ARTICLE C. MUNICIPAL YOUTH WEEK Section 621. Declaration of Policy. - It is hereby declared that every first week of December of every year as “Municipal Youth Week” in the municipality. Section 622. Program of Activities. - The Municipal Mayor shall constitute the Municipal Youth Week Steering Committee that shall be composed of the following: Chairman : President, SK Municipal Federation; - All Presidents of youth organizations (civic or religious); and - All Presidents of high school and college student councils. Three (3) months before the designated schedule of the Municipal Youth Week, the Steering Committee shall convene to discuss the activities that will highlight the said celebration and to source funding for the same. The observance of the Municipal Youth Week shall include, among others, the activity of the election of the counterparts of all local elected and appointed officials, as head of national offices or agencies stationed or assigned in the Municipality. During said week, they shall hold office as youth officials and shall perform such activities as may be decided upon by the said committees tasked to plan the said celebration.
Members : All SK chairman of the Sangguniang Kabataan in every barangay;
ARTICLE D. MUNICIPAL COUNCILOR’S WEEK Section 623. Declaration of Policy. - It shall be declared that the first week of September of every year shall be the “Municipal Councilor’s Week” of the Municipality. Section 624. Program of Activities. - The Municipal Vice Mayor shall constitute the Municipal Councilors Week Steering Committee that shall be composed of the following: Chairman - President of the Municipal Chapter of the Philippine Councilor’s League
Members – Two (2) Members of the Sangguniang Bayan chosen by the Municipal Vice Mayor Three (3) months before the said celebration will take place, the Municipal Councilor’s Week Steering Committee shall convene to discuss the activities that will highlight the said celebration and to source funding for the same. The activities that will highlight it, shall include but not limited to the following: 1. 2. Recitation of the Councilors’ Creed; Sportfest to be participated by the Sangguniang Bayan Members;
3. Perform oversight functions in the implementation of the various ordinances enacted; 4. 5. 6. 7. 8. 9. Fund raising for public purpose; Fellowship together with families and staff; Dialogue with department heads and the public; Giving of recognition to exemplary performance in the sanggunian; Participate in the province wide activities on the celebration; and Perform such other activities in relation to the celebration. ARTICLE E. NUTRITION MONTH Section 625. Declaration of Policy. – It is hereby declared that the month of July every year shall be the “Nutrition Month” of the Municipality. Section 626. COMPOSITION OF MUNICIPAL NUTRITION COUNCIL. – The MNC shall be composed of the following: Chairman Vice Chairman Members Municipal Mayor SB Chairman, Committee on Health MNAO DILG Officer District Supervisor Municipal Treasurer Municipal Budget Officer Municipal Health Officer MSWDO MAO
MPDC President, Liga ng mga Barangay President, SK Federation HRMO DOH Representative Two (2) NGO Representative
SECTION 627. functions. – The Municipal Nutrition Council shall have the following functions:
1. Assist the local government in the promotion of proper nutrition to its constituents;
2. Recommend to the Sangguniang Bayan all policy matters involving nutrition related schemes; 3. Formulate plans of action for nutrition and facilitate its implementation;
4. Coordinate and integrate with various sectors including the academe relating to nutrition activities; 5. Advocate policies and principles concerning nutritional needs in the locality;
6. Encourage massive mobilization in order to strengthen the promotion of nutrition messages; and 7. To help increase awareness and knowledge on the importance of knowing and living among the target groups. SECTION 628. Program of Activities. – The Municipal Mayor shall task the Municipal Nutrition Council to plan and implement various activities to highlight this celebration.
ARTICLE F. DISASTER AND FIRE SAFETY MONTH
Section 629. Declaration of Policy. – It shall be declared that the month of March every year shall be the “Disaster and Fire Safety Month” in the Municipality. SECTION 630. COMPOSITION OF Municipal Disaster Coordinating Council. – The MDCC shall be composed of the following: 1. 2. 3. Chairman - Municipal Mayor Vice-Chairman Members a. b. c. d. e. f. g. h. i. j. k. l. Intelligence and Disaster Analysis Committee Plans and Operation Committee Resource Management Team Communication and Warning Committee Health Committee Rescue, Recovery and Evaluation Committee Security (Police) Transportation Committee Relief Committee Welfare and Rehabilitation Committee Fire Service Committee Public Information Committee - Chief of Police
SECTION 631. DUTIES AND FUNCTIONS. – 1. Establish a physical facility to be known as the Municipal Disaster Operations Center;
2. Establish policies/guidelines on emergency preparedness and disaster operations and management; 3. Formulate a Plan of Action for disaster preparedness for the Municipality in accordance with the guidelines set by the Provincial Disaster Coordinating Council; 4. Coordinates the disaster operation in the Municipality;
5. Implements within the municipal disaster management and operations according to the guidelines set by the Provincial Disaster Coordinating Council and the plan of action of the
Municipality; 6. Advise the Municipal Disaster Coordinating Council on disaster management; and
7. Submit appropriate recommendations to the Provincial Disaster Coordinating Council, as necessary. Section 632. Program of Activities. – The Municipal Mayor shall task the Municipal Disaster Coordinating Council and the Office of the Municipal Fire Marshall to outline the various activities for the observance of this month.
ARTICLE G. MUNICIPAL TOURISM MONTH Section 633. Declaration of Policy. - The month of January in every year shall be declared as “Municipal Tourism Month” in the Municipality. Section 634. Objectives. 1. To promote tourism in the Municipality by capitalizing in its colorful festivities such as the Villanueva Dance Festival and other traditional activities; 2. To encourage participatory endeavors from the different sectors of the community to have programs relative to the promotion and enhancement of tourism in the municipality; and 3. To develop potential talents among the constituents and provide avenues for the expression of the same. Section 635. Program of Activities. – The Municipal Tourism Council shall formulate programs and conduct activities in close coordination with the various religious organizations, NGOs, POs, government and non government agencies and institutions and private firms and individuals for the promotion and enhancement of local tourism and shall encourage them to sponsor or co-sponsor such programs and activities.
ARTICLE H. MUNICIPAL SENIOR CITIZENS DAY
Section 636. Declaration of Policy. – It is hereby declared that the 30th day of October of each year shall be celebrated as the Municipal Senior Citizens Day in the Municipality. Section 637. Program and Activity. - The Municipality through the Office of the Municipal Social Welfare and Development in coordination with the Sangguniang Bayan Committee on Social Welfare shall endeavor to provide support to the Senior Citizen Association in order to come up with a meaningful and colorful program or activity in celebration of the Municipal Senior Citizens Day.
ARTICLE I. TOWN CELEBRATIONS AND ASSEMBLIES Section 638. Prohibited Acts. - No persons are allowed to undertake any activity such as, festivals, fairs, carnivals, parade, procession, benefit dances, demonstrations, conferences, seminars and similar assemblies without first securing a permit from the office of the Municipal Mayor, upon payment of the corresponding fee as prescribed under the Municipal Revenue Code. Section 639. Exemption. - Seminars and gatherings and activities sponsored by Religious Sectors and the DepEd are exempted from the permit fee imposed under existing Municipal Revenue Code. Section 640. Administrative Provision. - The Local Philippine National Police (PNP) shall set guidelines for safety and security during the conduct of any activity mentioned in this Article. The assistance of Barangay Tanods, Police Auxilliary Units (PAUs) and other volunteer organizations maybe requested for the purpose. Section 641. ADMINISTRATIVE FINE. Any violation of this Article shall be fined in an amount of not less than Five Hundred pesos (P500.00) but not more than One Thousand Five Hundred pesos (Pl,500.00).
ARTICLE J. CHARTER DAY SECTION 642. DECLARATION OF POLICY. – Republic Act No. 3492, creating the Municipality of Villanueva was signed into law on June 16, 1962. However, the beginning of its corporate existence was on July 29, 1962. Therefore, it is hereby declared every 29th day of the month of July as Charter Day to be known as “Araw ng Villanueva”. SECTION 643. PROGRAM OF ACTIVITIES. – The Municipality shall create a Committee to
formulate programs and conduct activities, in coordination with various organizations, NGOs, POs, PS, religious, government and non government agencies and institutions, private firms and individuals, in connection with the celebration.
ARTICLE K. MUNICIPAL CHILDREN’S MONTH SECTION 644. DECLARATION OF POLICY. It is hereby declared that the month of October in every year shall be celebrated as Municipal Children’s Month. SECTION 645. PROGRAM OF ACTIVITIES. The Municipality through the Local Council for the Protection of Children (LCPC) shall formulate programs and activities in relation to the month-long celebration.
ARTICLE L. MUNICIPAL WOMEN’S MONTH SECTION 646. DECLARATION OF POLICY. It is hereby declared that the month of March in every year shall be celebrated as Municipal Women’s Month. SECTION 647. PROGRAM OF ACTIVITIES. The Municipality through the Kalipunan ng Liping Pilipina (KALIPI) shall formulate programs and activities in relation to the month-long celebration.
CHAPTER XII LOCAL CIVIL REGISTRY
ARTICLE A. MARRIAGE LICENSE SECTION 648. DECLARATION OF POLICY. - Applicants for Marriage License must first secure a Certificate of Tree Planting from the Municipal Agriculture Office, in this Municipality. SECTION 649. RULES AND REGULATIONS. – 1. The Municipal Agriculture Office, thru the Municipal Agriculturist, or his authorized
Representative, is hereby authorized to issue the Certificate of accomplishment of tree planting to the applicants. 2. The Municipal Agriculture Officer will be the one to assign the applicants to the tree planting area and supply tree seedlings. 3. Tree planting areas will be the Lagatac Spring, Tuburan Spring, Soligao Spring, Napapong Spring and other designated places by the Municipal Agriculture Office. In case watershed area be full of trees, private lots shall be allowed as tree planting area or government lot per recommendation of Agriculture Office. SECTION 650. ADMINISTRATIVE FINE. - Non compliance of this Article will mean nonissuance of Marriage License.
ARTICLE B. PRE-MARRIAGE COUNSELLING SECTION 651. DECLARATION OF POLICY. – There shall be created/ organized a Premarriage Counseling Team in the Municipality. SECTION 652. Composition. Team Leader – To be designated by the Municipal Mayor from among the mandatory members Members – Municipal Health Officer or his representative – (mandatory member) - Municipal Social Welfare and Development Officer or his representative (Mandatory member) - Municipal Population/Nutrition Officer (Mandatory member) - Municipal Agriculture Officer or his representative - Non Government Organization representative The Pre Marriage Counseling Team shall be composed of a minimum of three (3) members
and maximum of five (5) members. The Team shall be based in the Municipal Population Office as focal point of all Pre Marriage Counseling activities. SECTION 653. DUTIES AND FUNCTIONS. - To ensure quality of services, all members of Municipal Pre-Marriage Counseling Team should be: 1. Trained in Pre-Marriage Counseling Training of Counselors by Regional/Provincial PreMarriage Counseling Trainers using the prescribed Pre-Marriage Counseling manual developed by Family Planning Organization of the Philippines (FPOP) and Department of Health (DOH). 2. At least one (1) member is a Municipal Social Welfare and Development Office duly accredited Marriage Counselor; 3. Develop/maintain a responsive mechanism to operationalize Pre-Marriage Counseling in the municipality; 4. Advocate for Pre-Marriage Counseling program to ensure wider awareness and responsible parenthood; 5. Undertake studies/researches as input to Pre-Marriage Counseling policy development needs; 6. Install /maintain data bank for Pre-Marriage Counseling for easy data/ information storage/retrieval; 7. Undertake preparatory activities for proper and effective conduct of Pre-Marriage Counseling; 8. Disseminate information on PRE-MARRIAGE COUNSELING through radio, community assemblies, Barangay Meetings, posters and etc; 9. Post schedule of Pre-Marriage Counseling sessions in the office of the LCR, MSWD Office or other conspicuous places in the municipal hall; 10. Ensure appropriateness, readiness and availability of training area for Pre-Marriage Counseling sessions to be conducted;
11. Prepare lead facilitation schedule for mandatory team members to provide time for planning the conduct of Pre-Marriage Counseling session; and 12. Ensure availability of needed supplies and materials SECTION 654. Conduct of PRE-MARRIAGE COUNSELING SESSION. 1. Conduct Pre-Marriage Counseling to not more than 15 would be couples per session;
2. Issued Pre-Marriage Counseling Certificate signed by mandatory Team Members to couple applicants who completed Pre-Marriage Counseling sessions; 3. Pre-Marriage Counseling schedule shall be every second and fourth Wednesday of the month.
ARTICLE C. REGISTRATION OF BIRTH Section 655. Regulated Acts. – No person giving birth of a child shall be issued a Certificate of Live Birth by the Office of the Municipal Civil Registrar if the fact of birth was not registered with the said office in accordance with existing national laws, rules and regulations on the Registry of Birth and upon payment of the corresponding fees as may be provided by the existing Municipal Revenue Code. Section 656. Administrative Provisions. - All midwives, nurses, doctors, “hilot” or “mananabang” who assisted or facilitated the delivery and birth of a child shall report immediately the fact of birth of the said child with the office of the Municipal Civil Registrar for registration purposes; No registration will be done by the Office of the Municipal Civil Registrar without bringing a copy of a Marriage Certificate as a of proof of parentage in case of married parents. In the case of unmarried mother, a Certificate of Live Birth of the mother, and such other proofs as may be required by existing laws, rules and regulations on the Registry of Birth; and Municipal Civil Registrar shall be obliged to conduct an annual training with midwives, nurses , doctors or “hilot” or “mananabang” educating them of the latest issuances of the National Civil Registry General on registry matters to improve the manner of Registration of Birth.
ARTICLE D. REGISTRATION OF MARRIAGE Section 657. Regulated Acts. – No person shall contract marriage without complying with the requirements as provided by the Civil Code of the Philippines, Family Code and such other existing laws, rules and regulations on marriage and upon payment of the corresponding fees as may be provided by the Municipal Revenue Code.
ARTICLE E. REGISTRATION OF DEATH SECTION 658. REGULATED ACTS. – No registration of any deceased person shall be made by the Office of the Municipal Civil Registrar unless a Certificate of Death has been issued by the Municipal Health Officer and upon payment of the corresponding fees as maybe provided by the Municipal Revenue Code.
ARTICLE F. SOLEMNIZATION OF MARRIAGE Section 659. Regulated Acts. – No marriage shall be solemnized by the Municipal Mayor, the Municipal Circuit Trial Court Judge and other official authorized by the Local Government Code of 1991 without first paying the corresponding fees as maybe provided by the Municipal Revenue Code.
ARTICLE G. CHANGE OF NAMES Section 660. Regulated Acts. – No person shall be allowed to change his name without first securing authority from the Office of the Municipal Civil Registrar pursuant to existing laws.
CHAPTER XIII GAMES AND AMUSEMENTS
ARTICLE A. AMATEUR BOXING ASSOCIATION
SECTION 661. RECOGNIZED ACTS. – Villanueva Amateur Boxing Association (VABA) is officially recognized as the duly authorized boxing association in the Municipality. SECTION 662. PURPOSE. – To promote legitimate and exclusive boxing association of this municipality and in conformity with the sports development program of the government.
ARTICLE B. COCKPIT AND COCKFIGHTING Section 663. Regulated Acts. – No person shall operate a cockpit and hold cockfighting(s) in the municipality without first securing a permit from the Office of the Municipal Mayor. Section 664. Definition of Terms. - As used in this Article: 1. Cockfighting (Sabong) – refers to the traditional Filipino form of recreation and amusement with such colloquial terms as “cockfighting derby”, “pintakasi”, or its equivalent terms in different Philippine localities; 2. Cockpit (Sabungan) – is a licensed place in accordance herewith for the holding of cockfighting derby, pintakasi, or its equivalent terms in different localities; 3. Cockfight (Soltada) – is the actual fight or physical combat of two pitted or evenlymatched gamecocks, where bets on either side are laid; 4. 5. Derby – means a cockfight promotion with participants from different places; Regular Cockfight – refers to cockfight held on Sundays; 6. Special Cockfight - shall mean cockfight held on days other than Sundays and for special purposes; Special Permit – means a permit secured from the Municipality to hold cockfighting on days other than Sundays with the prior approval of the Sangguniang Bayan; Pit Manager – is a person who professionally, regularly and habitually manages a cockpit and cockfights therein. He may or may not be the owner of the cockpit;
Referee (Sentenciador) – is a person who watches and oversees the progress of the cockfight and decides its result by announcing the winner or declaring a draw or no contest game; Bet Manager (Kasador) – is a person who calls and take care of bets from owners of both gamecocks and those other bettors before he orders commencement of the cockfight and thereafter distributes winning bets to the winners after deducting a certain commission; Bet Taker (Kristo) – is a person who participates in cockfights and with the use of money or other things of value, bets with other bettors or through the bet makers and wins or loses his bets depending upon the result of the cockfight as announced by the referee. There are two types of “Kristo”, the first one gets his share or commission from the winnings of his clients or financiers, and the other one gets an extra commission from the owner or operator of the cockpit; Gaffer (Mananari) – is a person knowledgeable in the technique of arming fighting cocks with gaff or gaffs on either leg or both legs; Handler (Soltador) – is one who personally takes physical custody and control inside the arena of a pitted gamecock and who actually releases the same for actual fight and combat in a cockfights; Promoter – is a person who is engaged in convening, holding a celebration of specially programmed and arranged cockfighting like local and international derbies or competitions, special mains or matches or encounters, pintakasi, and ordinary fight or hackfights; Gamecock – refers to domesticated fowls, whether imported or locally bred, as well as the native fighting cocks indigenous to the country, especially bred, trained and conditioned for actual cockfighting or for propagation and breeding purposes for eventual use in cockfighting; and Weighing Scale – refers to the apparatus used in weighing fighting cocks.
Section 665. Franchising. – The granting of franchise for the operation of a cockpit within the Municipality through a resolution passed by the Sangguniang Bayan for the purpose upon the recommendation of the Municipal Mayor renewable annually, shall be subject to the following terms and conditions:
1. Only one cockpit per one hundred thousand or less population shall be allowed to operate in the municipality; 2. Cockpit shall be constructed and operated within the appropriate areas prescribed in the Municipal Land Use Plan. Provided, that it shall not be established within the radius of (200) linear meters from any existing residential or commercial area, hospitals, school buildings, churches or other public buildings. 3. Existing cockpit not in conformity with the provision of this sub-section shall be allowed to continue in its operation, provided however that no expansion of any form shall be made. 4. Ownership shall be limited to Filipino citizens not otherwise prohibited by law, and cooperatives or corporation, the capitalization of which is one hundred percent Filipinoowned, formed, organized or established and licensed for such purpose. 5. Regular cockfights may be held only in licensed cockpits during Sundays and legal holidays, except on the days not allowed by law, to wit: a. b. c. d. e. f. Holy Thursday and Good Friday; Philippine Independence Day; National Heroes Day; Bonifacio Day; Rizal Day; and Election/Referendum Day
Special cockfights shall likewise be allowed on days other than Sundays and Legal Holidays like on the occasion of Agricultural, Commercial or Industrial Fair, Carnival or Exposition within the month of the Municipal Fiesta. On the other hand, derby shall be allowed on any day, except on the days not allowed by law. In all cases, derby and special cockfights shall be allowed only in duly license cockpit upon prior approval of the Sangguniang Bayan through a resolution for such purpose, and the Office of the Municipal Mayor issues the corresponding permit. The filing of applicants for derby and special cockfights to the Sangguniang Bayan shall be made at least (30) calendar days before the holding of the same. 6. The Municipal Mayor shall issue the necessary Permit to Operate a Cockpit, upon compliance of the following: a. New License – application shall be submitted to the Municipal Mayor
accompanied with the following: i. Location and vicinity plan of the cockpit with attached Locational Clearance as to conformity to prescribed zoning laws and ordinances; ii. Cockpit building plan with attached Clearance from the Municipal Engineer as to compliance of the Building Code regulations and Fire Safety Inspection Certificate (FSIC) from the Bureau of Fire Protection as to compliance of Fire Safety Code rules and regulations. iii. iv. Capitalization and Plan of Operation; and Sanitary and Health Clearance.
b. Annual Renewal – application for renewal shall be submitted to the office of the Municipal Mayor not later than January 20 of each year, which shall be accompanied by the following: i. Official Receipt showing payment of taxes or fees prescribed in the Municipal Revenue Code; and ii. Certification from the Municipal Engineer to the effect that such cockpit is free from material, structural or other physical hazards; Fire Safety Inspection Certificate (FSIC); and Sanitary and Health Certificate. 7. The issuance of building permit for the construction of cockpit shall be made by the Municipal Engineer in accordance with the National Building Code, pertinent ordinances, rules and regulations existing or hereinafter enacted by the Sangguniang Bayan. 8. The cockpit operator shall provide the necessary fire prevention equipment and facilities. 9. The cockpit operator shall maintain the sanitary conditions of the cockpit and shall provide among others adequate comfort rooms and waste receptacles and shall be responsible for the cleanliness and the prevention of littering in the cockpit before, during and after cockfights pursuant to the Environment Code of the Municipality. 10. Prohibition Against Minor – No person below eighteen (18) years of age shall be allowed
inside the premises of the cockpit during cockfights. The operator, manager shall be held responsible for the strict compliance of this Article. 11. Other Gambling games – No gambling of any kind shall be permitted in the premises of the cockpit during cockfights, except the traditional “peria” and “parlor games”. The owner, manager of such cockpit shall be held criminally liable for any violation of this Article and under Section 8 of P.D. 449. Section 666. Imposition of Fees. – Fees for the licensing of cockpits and cockfighting shall be provided by the Municipal Revenue Code. Section 667. Issuance of Occupational Permit. – No promoter, pit manager, referee, bet taker and gaffer shall be allowed to practice his occupation without first securing an Occupational Permit from the Office of the Municipal Mayor who shall be issued the corresponding Occupational Identification Card upon payment of the fee as prescribed under the Municipal Revenue Code. Section 668. Wearing of IDs. – Promoters, pit managers, referees, bet takers and gaffers shall wear identification cards to be produced and issued by the Office of the Municipal Treasurer at all times during the conduct of regular derby and special cockfights. The identification cards shall be renewed annually which shall be issued upon payment of the fees levied as prescribed under the Municipal Revenue Code. Section 669. Penalty. – The following penalties shall be imposed for any violation to any provision of this Article: 1. Any promoter, pit manager, referee, bet taker and gaffer allowed by the cockpit operator to practice his trade in any cockfight without the necessary permit or having secured the permit but without the proper identification required therein shall subject the cockpit operator a penalty or fine of One Thousand Pesos (P1,000.00) or imprisonment of not more than six (6) months or both at the discretion of the Court. 2. Any other violation to any provision of this Article shall be dealt with by a penalty of One Thousand Pesos (P1,000.00) or imprisonment of not more than six (6) months or both at the discretion of the Court.
ARTICLE C. ILLEGAL GAMBLING Section 670. Prohibited Acts. - No person shall operate, maintain or conduct any game of
chance including Tolelong, Video Karera (video games), Masiao of Suertres, Masiao of Jueting, Tapada (unauthorized cockfighting), Cara y Cruz or Hantak , playing cards or baraha, pula puti, tari-tari and other games of chance wherein bets in the form of money or articles of any kind to determine by chance the winner or loser of such game. Section 671. Rules and Regulations. 1. No person shall allow any form of gambling mentioned In the preceding section to be conducted in any private domain or real property that he owns or under his control; 2. No person shall participate directly or indirectly in any Gambling referred to in this Article; and 3. No person shall possess any locally called masiao ticket/stub and tip or any paper bearing signs or symbols, figures which pertain to masiao or similar games, nor possess cards chips and other gambling paraphernalias. Section 672. Role of the PNP. - The Local Philippine National Police (PNP) thru its Chief of Police is hereby directed to undertake an all-out campaign, to stop and eradicate masiao of suertres, masiao of jueting and other forms of illegal gambling activities and further prescribes the following rules to govern: 1. The Municipal PNP unit shall be the primary and principal law Enforcement arm against all illegal gambling activities. For operational effectiveness they are enjoined to closely liaison and directly coordinate with the Peace and Order Council, PAUs, ACVB group, CVOs and other public and private organizations. Section 673. Exemption. - Activities like Bingo Socials, Parlor Games, Raffle Tickets for Popularity contest, similar fund raising campaign and during vigil, the preceding regulation shall not apply. Provided that such activity is duly authorized by the Local Chief Executive Section 674. administrative fine. - Any person violating any provision of this Article shall pay the amount of not less than One Thousand pesos (P1,000.00) but not more than Two Thousand Five hundred pesos (P2,500.00).
CHAPTER XIV ACCREDITATION
ARTICLE A. NGOs, POs, and PS PARTNERSHIP SECTION 675. DECLARATION OF POLICY. - The Municipality, as a creation of the Sovereign People, shall at all times adhere to the following principles of governance: 1. The will of the people shall always reign supreme. It shall be the responsibility of any government official to ensure that such will shall at all times manifested and enforced; 2. The will of the people can best be determined if they organize themselves to address their sectoral or common concerns; 3. Governance is best effective if responsibilities are shared by the people. A system of partnership between the Municipal Government and the people shall guarantee that sovereignty effectively resides in them. 4. The MUNICIPALITY of Villanueva hereby declares itself open to a partnership with duly accredited Villanueva-based people’s organizations and non-government organizations in the conception, implementation and evaluation of all government activities and functions. SECTION 676. DEFINITION OF TERMS. – As used in this Article: 1. Non-Government Organization’s (NGO’s) – any aggrupation of individuals, not subsidized by government funds or organize for religious purposes or partisan politics, and whose primary end are advocacy of issues or the realizations of specific developmental objectives for the community or a sector thereof. 2. People’s Organizations (PO’s) – any cooperative, labor union, business group or any aggrupation of at least twenty-five (25) people, not subsidized by government funds or organized for religious or partisan politics, and whose primary concern is the advocacy of sectoral issues, and/or the realization of specific developmental objectives for their sector or the promotion of their common interest; provided that organizations composed of government employees shall not qualify as people’s organizations under this Article. SECTION 677. ACCREDITATION OF NGO’S AND PO’S. - Any Villanueva-based nongovernment organization or people’s organization in active operation for at least one (1) year may be registered and accredited by the Sangguniang Bayan upon submission of and/or compliance with the following requirements: 1. Proof of existence and operation in the Municipality of Villanueva for at least one (1)
year prior to the application for accreditation; 2. Proof of Activities held in the pursuit of developmental objectives or of organizational activities conducted; 3. Program of Activities planned for the year following the date of application for accreditation; 4. 5. 6. Copies of constitution, by-laws and/or articles of incorporation; Lists of its officers and members of good standing; Financial statement and declaration of assets and liabilities;
7. Copy or proof of registration with the Cooperative Development Authority (CDA) or Securities and Exchange Commission (SEC); and 8. Board Resolution manifesting a decision to seek accreditation and participation under this Article. Coalitions, alliances, and federations of NGO’s and PO’s shall not be entitled to a separate accreditation if at least 50 percent of its members are already accredited as individual NGO’s and PO’s. An NGO or PO whose application for accreditation has been approved shall be issued a certificate of accreditation containing, among others, the terms and conditions for the maintenance of its accredited status. The Sangguniang Bayan, however, may from time to time, and in consultation with the Civil Society Organization (CSO), impose such other requirements and condition for accreditation as it deem appropriate to best adhere to the principles behind this Article. Any NGO or PO accredited by the MUNICIPALITY prior to the effectivity hereof need not apply again for accreditation for purposes of this Article, unless its accreditation has in the meantime been withdrawn. SECTION 678. WITHDRAWAL OF ACCREDITATION. - The Sangguniang Bayan, in consultation with the CSO and after hearing, withdraw any accreditation granted to any
NGO’s or PO’s for violation of any provisions of this Article or for failure to comply with any of the conditions for accreditation. SECTION 679. SPECIAL COMMITTEE ON ACCREDITATION. – The Sangguniang Bayan shall create a Special Committee on Accreditation composed of 5 members: The Chairman, a member of Sangguniang Bayan, a Legislative Staff and 2 Members for purpose of processing applications for accreditation, monitoring compliance with the conditions for accreditation, recommending withdrawals thereof, and initiating necessary and desirable legislative measures for the effective performance of its tasks. The CSO, once formally organized, shall be entitled to a two-seat representation in the committee. SECTION 680. RIGHTS AND PRIVILEGES OF ACCREDITED NGOs AND POs. – Accredited NGOs and POs may enter into joint ventures and other cooperative undertakings with the Municipality to engage in the delivery of certain basic services, capability-building, livelihood projects and to develop local enterprises designed to improve productivity and income, diversity agriculture, spur rural industrialization, promote ecological balance, and enhance the economic and social well-being of the people within the framework of equitable and sustainable development. The Municipal Government, if funds are available, may provide assistance, financial or otherwise, to accredited NGOs and POs for economic, socially-oriented, environmental, or cultural projects to be implemented within the territorial jurisdiction of the municipality. SECTION 681. CREATION. – All accredited NGOs and POs may organize themselves into a CSO which shall, upon application made to the Sangguniang Bayan, be organized as their representative, and through which their rights, privileges and responsibilities under this article may be exercised. For this purpose, the Sanggunian Special Committee on Accreditation shall, not later than ninety (90) days from the effectivity hereof, call for a convention of all accredited NGOs and POs to facilitate the formal organization of the CSO. SECTION 682. STRUCTURES AND INTERNAL RULES. – The CSO shall determine its own organizational structures and internal rules, but shall at all times provide for adequate consultation mechanisms for purposes of obtaining the views and suggestions of all political parties or movements, government employees organizations, other non-accredited but legitimate NGOs and POs, and accredited NGOs and POs which are not members of the Council; Provided, that no such political party, government employees organizations or nonaccredited NGOs and POs may be nominated by the Council for membership in the municipality’s special bodies nor may they be granted the rights and privileges of accredited NGOs and POs under this Article; and, Provided further, that no provision herein shall be
interpreted as prohibiting the Council from changing its name or from being organized other than for purposes of this Article. SECTION 683. RECOGNITION. – There shall only be one (1) CSO which shall be recognized by the Sangguniang Bayan within thirty (30) days from the filing of the application for recognition. If only one application is filed and the Sanggunian fails to deny the same within the said period, the application shall be deemed automatically granted. Should more than one application be filed, the Sanggunian shall, within the same period of thirty (30) days, exert its best efforts to allow the applicants to form a single Council, failing in which the Sanggunian shall, within fifteen (15) days, resolve the application’s based on all of the following: 1. 2. The applicants with the most number of member organizations; The applicants with the most number of individual members;
3. The applicants which is representative of the most number of sectors, interests or concerns; 4. The applicants with the most credible track record of inter-organization activities and cooperative undertakings between and among its members; and 5. The applicants which is most capable of exercising the powers and responsibilities of the CSO. Recognition once granted, shall not be withdrawn except upon an action of an applicant and upon showing that the CSO no longer possess most of the foregoing qualifications or has allowed itself or any of its members to engage primarily in, or to be used primarily for, religious and/or partisan political activities. The Sangguniang Bayan shall not entertain and exercise jurisdiction over internal and/or inter-organizational conflicts within the CSO. SECTION 684. POWERS AND RESPONSIBILITIES. – Upon recognition, the CSO may, in accordance only with its policies and internal rules, elect or appoint from among its member organizations only its representatives to all Municipal government bodies, boards, councils, committees, task forces special government bodies and other similar work groups which the Municipal government or the national laws may hereinafter create.
Member organizations elected or appointed to represent the CSO shall have the sole prerogative to choose from among their bonafide members the persons that shall seat in the boards, councils, committees, task forces and/or special bodies concerned. Unless otherwise provided herein, at least one (1) representative from the CSO shall represent as member of the board, council, committee, task force or special body. Representatives of the CSO may observe, vote and participate in the deliberation, conceptualization, implementation and evaluation of program, projects and activities of the Municipal government, propose legislations and/or act as the people’s representatives in the exercise of their constitutional rights to information on matters of public concern and of access to official records and documents. SECTION 685. NON-PARTISAN NATURE OF THE CSO. – The CSO shall not engage in, or allow itself or its member organizations to be used for purposes of, partisan politics and shall adopt such measures to ensure that it is adequately shielded from any political partisanship of influence. For purposes of this article, partisan politics shall refer to any activity statement or manifestation which solely or primarily serves to campaign for or against any particular political party or any candidate for any elective office. SECTION 686. TRANSITORY PROVISIONS. – The duties and functions of the CSO shall not be exercised unless and until the CSO has been recognized and has manifested by resolution to the Sangguniang Bayan that it is ready to exercise and to perform such duties and functions. Pending such resolution by the CSO, it may, after recognition, send representatives only to such boards, councils, committees, task forces or special bodies as it may deem appropriate. However, such representatives may not vote nor their attendance counted for purposes of determining a quorum, unless their appointment to represent the Council is made known to the Sangguniang Bayan within thirty (30) days after the Council’s recognition. SECTION 687. RIGHT TO SELF-ORGANIZATION – It shall be the joint responsibility of the Municipal Government and the CSO to organize into cooperatives, labor unions, interest groups, non-government organizations, sectoral organizations and/or People’s Organizations, or to encourage and support their own efforts towards self-organization to address their common concerns, to promote their common welfare, and/or to serve the municipality.
ARTICLE B. BARANGAY HEALTH WORKERS
Section 688. Declaration of Policy. - It shall be declared a policy and guidelines for the Barangay Health Worker accreditation in the Municipality. Section 689. Registration/Accreditation. - In order for Barangay Health Workers to be entitled to honorarium provided in this Article, they shall register with the Local Health Board through the local health board secretary. The accredited BHW shall then be given appropriate proof of said accreditation. Application form for accreditation shall be obtain from the Municipal Health Board Secretary. Section 690. Rules and Regulations. 1. The Local Health Board decision on BHW registration and accreditation shall be reflected in a Board resolution; 2. The Chairman of the Local Health Board through the Secretary shall issue Certificate of Registration and Accreditation to BHW; and 3. The Local Health Board shall maintain a copy of BHW registry, copy furnished the Municipal Health Office and monitor the provisions and services of registered/accredited BHWs. Section 691. Disbursement and ClaIMS OF BHWs Honorarium. - Disbursement and claims of BHWs honorarium shall be made upon compliance of all of the following: BHWs honorarium shall only be for registered/accredited BHW; and All vouchers for BHW honorarium must have an attached supporting monthly BHW service accomplishment report. Sample Form: BHW SERVICE ACCOMPLISHMENT REPORT
RHU PROGRAM AND ACTIVITY
Service was complied under my direct supervision. ________________________ Supervising Midwife Approved to Claim Honorarium:
ARTICLE C. BARANGAY NUTRITION SCHOLAR Section 692. Declaration of Policy. - There shall be a policy and guidelines for the Barangay Nutrition Scholar (BNS) accreditation/registration and disbursement of honorarium in the Municipality. Section 693. Definition of TermS. - As used in this Article: Barangay Nutrition Scholars (BNS) - are those accredited, actually and actively performing BNS programs and activities and who likewise make his regular accomplishment report to the Municipal Nutrition Action Officer (MNAO). Section 694. Accreditation and Report Compliance. - Application Forms for accreditation shall be obtained and submit application to register/accredit themselves at the MNAO Office.
For monitoring purposes, and to determine whether one is active or not, all BNS are required to render their respective accomplishment report to the MNAO assigned to supervise them with a copy furnish to the Mayor’s office. Section 695. Municipal Nutrition Action Officer. - The assigned MNAO shall furnish the names of accredited BNS to the following offices: 1. 2. 3. Municipal Treasurer’s office Municipal Budget Office; and Municipal Accountant
The MNAO shall maintain copy of BNS registry and furnish the Provincial Nutrition Action Officer and monitor the provisions and services of the accredited/registered BNS. Section 696. Disbursement and Claims of BNS Honorarium. - Disbursement and Claims of BNS honorarium shall be made upon accomplishment of the following: 1. BNS honorarium shall only be for accredited/registered only;
2. All vouchers coming from Municipal Fund shall be verified by the Municipal Accountant to ascertain whether the provision of this Article is properly implemented.
CHAPTER XV HUMAN RESOURCE DEVELOPMENT PROGRAM
Article A. Health Care Benefits for Municipal officials and Employees Section 697. Declaration of Policy. – It shall be the policy of the Municipality to provide health care benefits to its officials and employees. Section 698. Coverage. – The Health Benefit provided for and authorized in this Article shall cover the following:
The Municipal Health Officer may determine immunization from diseases where government officials and employees of the Municipality are highly at risk due to exposures in the course of their official duties and functions. Laboratory and Medical Check-up for the following: 1. 2. 3. 4. 5. 6. 7. Complete Blood Chemistry Electro Cardiogram (ECG) Chest X-ray Ultra Sound Mammography Pap smear Drug test
The health care benefits above cited should be made available to Municipal, provincial and national government officials and employees stationed in the Municipality. The Laboratory and Medical check-up shall be conducted only in government-owned or controlled hospitals. However, in the event of none availability or insufficiency of the facilities therein, arrangements may be made by the MHO and medical tests/check-up may be conducted in privately owned hospitals or medical centers. Section 699. Budget. – The amount of not less than Five Hundred Thousand Pesos (P500,000.00) shall be appropriated in the General Fund of the municipal government under the budget of the Municipal Health Office for the ensuring and incoming Calendar Years to answer expenses to be incurred in the implementation of this Article. Section 700. Administrative Provision. – The Office of the Municipal Health Officer after proper order by the Mayor shall implement the health benefit provided for and authorized under this Article. The laboratory/medical check-up for certain tests shall be compulsory to all Municipal officials and employees based on the recommendation by the Municipal Health Officer. All arrangements in the availment of the herein health benefits shall be made by and through the Office of the Municipal Health Officer. The Mayor shall formulate the appropriate implementing Rules and Regulations for the proper implementation of this Article.
Article B. 5S of Good House Keeping
Section 701. Declaration of Policy. – It is the policy of the Municipality to increase productivity and ensure efficient and effective working condition to adopt the 5S of Good House Keeping principles and practices within all government offices and entities. Section 702. The 5S of Good Housekeeping Principles and Practices. - The 5S of Good Housekeeping stands for Five (5) Japanese words and the English equivalents to be construed as follows: 1. Seiri or Sort – to sort, identify and separate the necessary items in the workplace from the unnecessary or disposable ones. The unnecessary or disposables shall be disposed properly and the necessary items shall be kept for proper storage; 2. Seiton or Systematize – to arrange necessary items thus sorted in good order in such a manner that they shall be systematically arranged and placed in proper racks, cabinet, holder or container and appropriately labeled for quick reference or use; 3. Seiso or Sweep – to clean one’s workplace before and after work and in between making sure that the workplace or work area including its surroundings are free of clutter or accumulated disposable items, litter, dusts or washes; 4. Seiketsu or Sanitize – to maintain a high standard of housekeeping whereby the workplace, work area or surroundings are properly maintained and kept at all times tidy, orderly, safe and personnel and customer-friendly; and 5. Shitsuki or Self-Discipline – to do things spontaneously without being told or ordered, where everyone follow the rules, start work on time and end the day’s work prepared for the next working day by making sure all items are on hand or serviceable or in good conditions. Section 703. Descriptions not Exhaustive. – The descriptions in Section 794 shall not be taken as exhaustive or limiting. The 5S of Good Housekeeping shall be liberally construed to give effect to the principles it purports and the practices thus enumerated may be expanded in actuality so long as they are within the confines of such principles Section 704. Evaluation. – An evaluation of the observance of the 5S of Good Housekeeping shall be conducted regularly at least once in every six months or twice a year.
Article A. Issuance of Citation Ticket Section 705. Statement of Policy. – The issuance of citation tickets as provided for in the herein Article shall cover all provisions in this Code and such other regulations which the Sangguniang Bayan may authorize the issuance of citation ticket for its violation. Section 706. Issuance. – All persons in authority and all agents including the members of the PNP and such other persons as maybe authorized by law such as the purok officers, members of the duly constituted Civilian Volunteers Organization and others deputized by duly constituted authority to enforce this Code, except for traffic violations where it shall be specified that the authority to issue the citation ticket resides in the PNP personnel or duly authorized agents from the same agency. Section 707. Payment of Fines. – Upon apprehension of any violator, the citation ticket shall be issued. If the violator apprehended does not object or contest, he may pay the fine immediately, or within seventy-two (72) hours at the Municipal Treasurer’s Office or sub-office that shall issue the necessary receipts. Failure to do so within the allotted time, the apprehending officer shall file the case in proper Court after forty-eight hours. Section 708. Citation Ticket Form. – The Office of the Municipal Mayor shall cause for the printing of Numbered Citation Ticket Forms in triplicate copies in the form herein provided: Republic of the Philippines Province of Misamis Oriental MUNICIPALITY OF VILLANUEVA -oOoMUNICIPAL ORDINANCE VIOLATION CITATION TICKET CT No. _______________________ Date _____________________
To: _________________________________________________________________ Address: ____________________________________________________________ Date of Birth: __________________________ Nationality: _______________ You are hereby cited for committing traffic violation(s) indicated hereunder: ( ) violation in connection with licensing
( ) violation in connection with plate numbers and stickers ( ) violation relative to equipment, parts, accessories, devices and marking of motor vehicle ( ) parking violation(s) ( ) others, specify: _____________________ IF VEHICLE IS LEFT UNATTENDED: I hereby certify that a copy of this Citation Ticket was attached to the windshield of the above vehicle while parked in a prohibited area. __________________________ Traffic Officer on Case ----------------------------------------------------------------------------------------------------You are hereby cited for committing violation(s) as indicated hereunder; ( ) Violation relative to Anti-Smoking Regulation ( ) Violation relative to Anti-Littering Regulation ( ) Others: specify ________________________ Offense: Remarks: Fine: Php Time/Date of violation ( ) First ( ) Second ( ) Third and thereafter
You are hereby directed to report to the Municipal Treasurer’s Office, Villanueva, Misamis Oriental for payment of fine within 48 hours from the date hereof. Failure to appear or report and pay within the stipulated time will mean a waiver and a criminal complaint against you will be filed in Court.
Officer on Case
CHAPTER XVII REAL PROPERTIES
Article A. Subdivisions
Section 709. Regulated Acts. – No person shall undertake the following without the processing and approval of the Sangguniang Bayan, subject to national law, and upon recommendation of the Municipal Planning and Development Coordinator, acting as Enforcement Officer as provided by Section 3 of Executive Order No. 71 dated March 23, 1993 of the President of the Philippines, and upon payment of corresponding fees as may be provided by the Municipal Revenue Code: 1. Preliminary as well as final subdivision schemes and development plans of all subdivisions, residential, commercial, industrial and for other public and private sectors in accordance with the provisions of Presidential Decree no. 957 as amended and implementing standards, rules and regulations concerning approval of subdivision plans; and 2. Preliminary and final subdivision schemes and development plans of all economic and socialized housing projects as well as individual or group building and occupancy permits covered by Batas Pambansa 220 and its implementing standards, rules and regulations. Section 710. Administrative ProvisionS. – 1. The Sangguniang Bayan through the Office of the Municipal Planning and Development Coordinator shall discharge such other powers and functions as provided by Executive Order No. 71 dated March 23, 1993 (Devolving the Powers of the Housing and Land Use Regulatory Board to approve Subdivision Plans to Cities and Municipalities Pursuant to Republic Act No. 7160 otherwise known as the Local Government Code of 1991) 2. For the herein purpose, the Municipal Planning and Development Coordinator shall be designated as Enforcement Officer on subdivisions and socialized housing projects laws, rules and regulations. Section 711. Penalty. – Any violation of this Article shall be fined of not less than One Thousand Five Hundred Pesos (Php1,500.00) but not more than Two Thousand Five Hundred Pesos (Php2,500.00) or imprisonment of not less than four (4) months but not more than six (6) months or both fine and imprisonment at the discretion of the Court.
CHAPTER XVIII FINAL PROVISIONS
ARTICLE A. General Penal Provision
Section 712. PENAL PROVISION. - Any violation of this Code, or the rules and regulations promulgated under the authority of this Code, but not covered by specific penalty hereof shall be punished by a fine of not exceeding Two Thousand Five Hundred Pesos (Php2,500.00) or imprisonment of not exceeding six (6) months , 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 713. Compromise Settlement Fee. – The Municipal Mayor thru the Municipal Treasurer is hereby authorized to enter into an out-of-Court or extrajudicial settlement of any offense committed in violation of any provision of this Code, subject however, to the following conditions, viz: 1. The offense committed does not involved fraud;
2. The offender shall pay to the Municipal Treasurer a “compromise settlement fee” of not less than Two Hundred Pesos (Php200.00) 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 relieve the offender from the payment of the corresponding tax, fee or charge due from him as provided under existing Municipal Revenue Code, if he is liable therefor; and 4. No other third party shall be adversely affected by the compromise agreement. ARTICLE B. Separability, Applicability, Repealing and Effectivity Clauses SECTION 714. Separability Clause. – If, for any reason, any provision, Section or part of this Code is declared not valid by a Court or competent jurisdiction or suspended or revoked by the authorities concerned, such judgment shall not affect or impair the remaining provisions, sections or parts shall continue to be in force and effect. SECTION 715. Applicability Clause. – All related matters not specifically provided in this Code shall be governed by the pertinent provisions of existing applicable laws or ordinances. SECTION 716. Repealing Clause. – All Ordinances, rules and regulations, or parts thereof, in conflict with, or inconsistent with any provisions 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 717. Effectivity. This Code shall take effect upon its approval. ENACTED: December 30, 2009. I hereby certify to the correctness of the foregoing Code of General Ordinances of Villanueva, Misamis Oriental which was duly enacted by the Sangguniang Bayan during its Special Session on December 30, 2009.
HELENA B. PIMENTEL Secretary to the Sanggunian PRESENT: Hon. Bienvenido N. Valcurza, Sr. – Municipal Vice Mayor/Presiding Hon. Carmito Leon B. Tapongot, Jr. Hon. Celso N. Casiño Hon. Enrique T. Zayas Hon. Romeo N. Bantug Hon. Leoncio J. Abejo Hon. Edwin C. Dagasuhan Hon. Macario C. Lood Hon. Manuel C. Silfavan Hon. Ludivico F. Andrade Hon. Flora Z. Banuag On Official Business: NONE Absent: NONE - ABC Pres. - SKMF Pres. - (Movant) - (Severally Seconded)
ATTESTED AND CERTIFIED TO BE DULY ENACTED:
HON. BIENVENIDO N. VALCURZA, SR. Municipal Vice Mayor/Presiding Officer
HON. JULIETTE T. UY Municipal Mayor
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