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2nd

Republic of the Philippines


PROVINCE OF CAMARINES SUR
Municipality of Ragay

OFFICE OF THE SANGGUNIANG BAYAN


Floor, New Legislative Bldg., Municipal Quadrangle
Fax/Tel-(054) - 741-12-81
E-Mail: sbragay_lgu@yahoo.com

Excerpts from the minutes of the regular session of the Sangguniang Bayan
of Ragay, Camarines Sur held at the Municipal Session Hall on September
22, 2009.
Present:
Hon. Domingo S. Cedo
Hon. Maria Mercado-Eje
Hon.
Hon.
Hon.
Hon.
Hon.
Hon.
Hon.
Hon.
Absent:
Hon.

Vice Mayor/Presiding Officer


Sangguniang Bayan Member

Adolfo G. Bonto, Jr.


Emerita D. Plantado
Saturnino Q. Closa
Tranquilino M. Vergara
Mateo M. Gonzales, Jr.
Melchor A. Balbastro
Anastacio M. Del Castillo, Jr.
Augost T. Landicho

-do-do-do-do-doSangguniang Bayan Member


SB Member/ABC President
SB Member/SKF President

Eduardo G. Gaza

Sangguniang Bayan Member

Introduced by Coun. Maria Mercado-Eje


ORDINANCE NO. 026, s. 2009
IMPOSING CHARGES AND FEES & PRESCRIBING RULES AND
REGULATIONS ON THE OPERATION, MANAGEMENT AND MAINTENANCE
OF THE MUNICIPAL PORT AT TAGBAC, CREATING THE PORT
MANAGEMENT UNIT, AND FOR OTHER PURPOSES
Be it ordained by the Sangguniang Bayan of Ragay, Province of
Camarines Sur, thatSECTION 1. SHORT TITLE. This ordinance shall be known in short title
as The Tagbac Port Ordinance of Ragay.
SECTION 2. STATEMENT OF POLICY. It is among the major concern of
this local government to accelerate the development and progress of the
municipality through the promotion, establishment and growth of the municipal
ports to become efficient, safe, economical, and with coordinated system for
trading of fish other marine and agricultural products and movement of goods
and persons within the port.
SECTION 3. PURPOSES AND OBJECTIVES. The enactment of this
Ordinance shall have the following purposes and objectives:
1. To enhance and promote the transport and trading of fish/fishing
industry and agriculture industry through the utilization of the
municipal port;
2. To enhance the flow of passengers, commerce and trade, passing
through or utilizing the municipal port;

Cont. Ordinance No. 026, s. 2009

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3. To ensure a streamlined and coordinated planning, development,


financing, construction, maintenance and operation of the
municipal port and its facilities;
4. To promote a comprehensive port development within the
municipality which includes the utilization of the ports hinterland
and tributary areas and the protection of the environment;
5. To ensure the proper collection and accounting of all income and
revenue accruing to the municipal coffers and realization of a
reasonable return on assets employed.
SECTION 4. COVERAGE. This Ordinance shall cover the operation,
management, control and maintenance of the Municipal Port at Bgy. Tagbac of
this municipality.
SECTION 5. DEFINITION OF TERMS. As used in this Ordinance, the
following terms and phrases shall mean:
1. Anchorage means a place with sufficient depth of water where
vessels anchor or may ride at anchor within the harbor.
2. Berthing means the maneuvering of a vessel from the anchorage
or pilot station to a berth, including the action to make fast the
vessel alongside.
3. Berth means the part of the pier/wharf that is occupied by a
vessel, or a place where a vessel may tie up.
4. Bows means the extreme forward end of a vessel/boat.
5. Buoy means a floating object moored to the bottom to mark a
channel, anchor, shoal, rock, etc.
6. Goods includes animals, carcasses, baggage, and any movable
property of any kind.
7. Harbor means protected part of a sea, lake or other body of
water used by vessels as a place of safety.
8. Moor means to secure a vessel alongside the berth by means of
mooring ropes.
9. Port means a place where ships may anchor or tie up for the
purpose of shelter, repair, loading or discharge of cargo, or for
other such activities connected with water-borne commerce, and
including all the land and water areas and the structures,
equipment and facilities related to these functions.
10. Vessel includes any ship or boat, or any description of a
vessel or boat, or any artificial contrivance used or capable of
being used as a means of transportation on water.
11. Wharf means a continuous structure built parallel to along the
margin of the sea or alongside riverbanks, to receive or discharge
cargo, embark or disembark passengers, or lie at rest.
12. Pier means any structure built into the sea but not parallel to
the coast and includes any stage, stair, landing place, landing
stage, jetty, floating barge or pontoon, and any bridge or other
works connected therewith.
13. Usage Fee refers to the amount assessed against a vessel
engaged in domestic trade for berthing, for making fast into a
vessel so berthed or for mooring at an anchorage.
14. Wharfage refers to a charge on all cargoes whether
containerized or not coming in /going out or transshipped through
a port on the basis of the total metric or revenue tonnage
whichever is applicable.
15. Warehouse means a building or shed used for the storage of
cargo on long period.

Cont. Ordinance No. 026, s. 2009

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SECTION 6. CREATION OF THE PORT MANAGEMENT UNIT. There is


hereby created a Local Government Unit (LGU) Economic
Enterprise to be known as the Port Management Unit of Ragay
hereinafter referred to as the PMU. The PMU shall be under the
supervision of the Local Chief Executive of the municipality.
SECTION 7. COMPOSITION OF THE PMU. The PMU shall be composed
of the Local Chief Executive (LCE) as the Chairman; Port Operation Officer as
Vice Chairman; the Municipal Treasurer; the Chairperson of the Sangguniang
Bayan (SB) Committee on Public Utilities; the Punong Barangay of Bgy. Tagbac;
one representative each from the vessel/boat owner or operators; the labor
sector; the business sector and, farmer/fishermen sector as members. For this
purpose, the SB shall recommend the eight (8) representatives coming from
duly accredited NGOs/POs or cooperative who shall be appointed by the LCE.
The term of office of the four (4) sectoral representatives appointed shall be
coterminous with the appointing authority.
SECTION 8. POWER, DUTIES AND FUNCTIONS OF THE PMU. The
following powers, duties and functions of the PMU are:
1. Promulgate and implement a comprehensive port development
plan within the municipality in coordination with the Provincial
Government of Camarines Sur;
2. Supervise, control, regulate, construct, maintain, operate and
provide such facilities and services as are necessary in the
municipal port;
3. Prescribe rules and regulations, procedures and guidelines
governing the establishment, construction, maintenance and
operation of the municipal ports subject to SB ratification;
4. Provide services, whether on its own, by contract, or otherwise,
within the municipal port and approaches thereof, including but
not limited to berthing, slipping, or docking of any vessel/boat;
loading or discharging any goods; sorting, weighing, measuring,
warehousing within the municipal ports, provided the same shall
be in accordance with existing rules and regulations of the
Commission on Audit (COA);
5. Exercise control of or administer any foreshore rights or leases
which may be vested in the PMU from time to time;
6. Provide and assist in the provision of training programs and
training facilities for its staff or staff of port operators and users for
the efficient discharge of its functions, duties and responsibilities
in coordination with the Municipal Human Resource Management
Office;
7. Perform or provide such other services as may be necessary to
carry out its objectives, including the adoption of necessary
measures to remedy congestion in the municipal ports and in
coordination with the Philippine Ports Authority in case of the port
of entry.
SECTION 9. PROHIBITION AGAINST CONFLICT OF INTERESTS. No
personnel or officer of the PMU, LGU, and other line agencies of government
exercising official functions in the municipal ports shall be financially
interested, directly or indirectly, in any contract entered into by the PMU or in
any special privileges granted by it. Violation of this prohibition shall constitute
a ground for administrative cases which may result to dismissal or termination
from service.

Cont. Ordinance No. 026, s. 2009

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SECTION 10. PORT ADMINISTRATION. The management of the day to


day business and operations of the PMU shall be under the direction and
control of the Port Operation Officer. The Port Operation Officer shall be
deemed regular employee of this LGU pursuant to pertinent Civil Service
Commission (CSC) rules and regulations. He/She shall the following powers and
duties:
a.) Manage, administer, operate, maintain, improve and develop,
coordinate and otherwise govern all the activities of the municipal
ports within its territorial jurisdiction;
b.) Investigate, prepare, adopt, implement and execute a
comprehensive and orderly plan for the overall development of the
municipal port within its territorial jurisdiction, and to update such
plans, as may be warranted from time to time;
c.) Raise and collect revenues for the PMU through fees, tolls,
charges, rentals and the like for the use of any property,
equipment or facility owned or controlled by it;
d.) Provide and maintain port facilities including accessory buildings
and installations within its territorial jurisdiction on its own or
through the private sector;
e.) Prescribe and enforce rules and regulations on the use of wharves,
piers and anchorages by vessel/boat and other watercraft, subject
to LCE approval;
f.) Perform such other functions that may be prescribed by local
authorities thru an ordinance.
SECTION 11. IMPOSITION OF FEES AND CHARGES. The following
fees and/or charges shall be collected:
1. USAGE FEE Vessel/boat engaged in domestic trade that berth or
drop anchor at the municipal port shall be charged a port USAGE
FEE, as follows:
Below 3 gross tonnage (GRT)/ Calendar day or fraction
thereof
Php
5.00
3-6 gross tonnage (GRT)/ Calendar day or
fraction thereof
Php 20.00
6 to 100 gross tonnage (GRT)/Calendar day or
fraction thereof
Php 50.00
Over 100 gross tonnage (GRT)/Calendar day or
fraction thereof
Php 60.00
a.) SUBJECT TO THE CHARGE the following are subject to the
payment of usage fee:
(i) Vessel/boat loading or discharging cargo or passenger;
(ii) Vessel/boat at anchorage or at berth for the purpose of
bunkering, taking provision, repair or changing members
of the crew;
(iii) Private non-commercial watercrafts;
b.) ASSESSMENT OF USAGE FEE:
(i) A fraction of one day is counted as one (1) whole day in
the assessment of usage fee;
(ii) The time spent by vessel engaged in domestic trade
waiting for berth shall not be subject to payment of usage
fee while in anchorage areas provided that no

Cont. Ordinance No. 026, s. 2009

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loading/unloading of cargoes is undertaken thereat. The


assessment of usage fee shall start from the time vessel
is moored up to the time that is unmoored.
2. WHARFAGE FEE. All domestic cargoes shall be charged a port
WHARFAGE FEE as they enter or leave the municipal port on the
basis of their total metric tonnage rounded off to the nearest ton,
as follows:
Cargoes in sacks/bags/bulk
uncrated live animals
Steel products per bundle
Logs and lumber per metric tons
Others per revenue ton

Php
Php

1.00
10.00
Php 5.00
Php 100.00
Php 50.00

3. STORAGE FEE Shall be charged on cargoes that remain in any


wharf, pier or quay owned or operated by the PMU beyond the
free storage period.
a.) For domestic cargoes entering 1 calendar day prior to the day
the municipal port
that
the
carrying
vessel/boat is
scheduled to arrive as
announced and approved by
the PMU
b.) For domestic cargoes discharged 1 calendar day after the
day that
At the municipal port
the last item of cargo is
unloaded
from the carrying vessel/boat
c.) For domestic cargoes that are
shutout
(not loaded on their scheduled
vessel) boat departure

1 calendar day after vessels/

PROVIDED, that the cargo is not loaded as scheduled, the resulting


fee shall be paid for by whoever is at fault.
For STORAGE FEE : Php 50.00 for every revenue ton per day
4. TERMINAL FEE Every passenger embarking from the municipal
port to a vessel/boat shall be charged a TERMINAL FEE of one peso
(Php 1.00) per person. The fee shall be on account of the
passenger concerned.
5. ENTRANCE FEE Every vehicle or land conveyance entering the
premises of the PMU shall be charged a port ENTRANCE FEE as
follows:
For Tricycles (three wheeler)
Php
1.00
Jeepneys/Sedan (four wheeler)
Php
2.00
Six wheeler
Php 5.00
Ten wheeler
Php 10.00
6. PORTERAGE FEE Every passenger engaging the services of a
porter and covers the carriage of personal baggage, with or

Cont. Ordinance No. 026, s. 2009

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without the use of pushcarts, to/from the passengers point of


embarkation/disembarkation to or from the entrance/exit gate of
the port premises shall be charged a PORTERAGE FEE. The
accredited labor organization shall determine the amount of
porterage fee and submit it to the Port Management Unit for
approval.
SECTION 12. EXEMPTIONS FROM PORT CHARGES. The following are
exempted from paying fees/charges for the use of the port:
1. All vessels/boats of the Armed Forces of the Philippines and those
owned by other government agencies used exclusively for training
purposes and official functions;
2. Vessels/boats in distress or seeking shelter from inclement
weather or entering the port for medical help, maritime necessity,
and other humanitarian reasons;
3. Whenever any vessel/boat is stopped by the PMU from
discharging/loading cargo to avoid congestion on the piers or
wharves or for other justifiable causes, such vessel shall be
exempted from the payment of usage fee during the period of
such suspension;
4. The National Power Corporation (NAPOCOR).
SECTION 13. SHARE OF THE BARANGAY IN THE REVENUES.
Barangay Tagbac shall have a share of ten percent (10%) of the gross
collection derived by the Office of the Municipal Treasurer thru the PMU from
the operation and management of the municipal port situated in their
barangay for the preceding fiscal year from charges on cargoes particularly
wharfage and storage fees. Their share shall be directly remitted to their
barangay treasurer within five (5) days after the end of each quarter.
PROVIDED FURTHER, that the proceeds of the share of the barangay pursuant
to this Section shall be appropriated by their Sangguniang Barangay to finance
the delivery of basic services; PROVIDED HOWEVER, that sixty percent (60%) of
the proceeds shall be applied for coastal clean-up of all areas within the
barangay.
SECTION 14. PORT CHARGES/FEES REVENUES. Collection of fees,
charges and/or other revenues shall be the primary responsibility of the Office
of the Municipal Treasurer who shall designate the Port Operation Officer. The
Port Operation Officer shall be bonded.
SECTION 15. PORT SAFETY AND SECURITY. Port Safety shall be the
primary responsibility of the following persons/agencies:
1. Municipal Fire Marshal he shall assign, if available, and authorize
a regular personnel of the Bureau of Fire Protection (BFP) in order
to ensure public safety within the port and be responsible for the
enforcement of ordinances and existing laws, rules and regulations
related to his functions;
2. Local Chief of Police (COP)-Philippine National Police (PNP) he
shall assign, if available, and authorize a responsible personnel to
maintain peace and order within the port and be responsible for
the enforcement of all ordinances and existing laws, rules and
regulations related to his functions;
SECTION 16. PORT STATISTICS. Data gathering and other activities
related to the port statistics shall be the primary responsibility of the Office of

Cont. Ordinance No. 026, s. 2009

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the Municipal Planning and Development Coordinator (MPDC) who shall


designate a Port Statistician.
SECTION 17. PORT ENGINEERING MAINTENANCE. Port infrastructure
planning, development, construction and maintenance shall be the primary
responsibility of the Office of the Municipal Engineer (ME).
SECTION
18.
ENVIRONMENTAL/MARINE
RESOURCES
PROTECTION/ QUARANTINE SERVICE. Environmental/marine resources
protection and enforcement of existing laws and ordinances related thereto
shall be under the supervision of the Office of the Municipal Agriculturists (MA).
SECTION 19. PORT CONTROL AND COORDINATION. For purpose of
port control and coordination, the BFP, PNP, MPDC, ME and MA shall be under
the direct control and supervision of the PMU. The PMU shall prescribe the
duties and functions of the line agencies performing functions in the municipal
port subject to ratification of the SB thru an amendment of this Ordinance.
SECTION 20. ANNUAL BUDGET. The annual budget of the PMU shall
be prepared and submitted to the LCE on or before July 15 of each year as
provided for under Sec. 317 of Republic Act No. 7160.
SECTION 21. ANNUAL REPORT. An annual report of the PMU shall be
submitted to the LCE copy furnished the SB within sixty days after the close of
each fiscal year.
SECTION 22. RULES AND REGULATIONS. The following rules and
regulations shall applies to the operation and administration of the municipal
port relative to the arrival and departure, anchorage, berthing, mooring, safety
of vessel/boat:
1. The owner, or agent of every vessel/boat calling at the municipal
port shall, upon arrival, give notice to the PMU through the Port
Operations Officer (PPO) and make application for berth;
2. Every vessel/boat entering the municipal port shall be anchored or
properly secured to a wharf, pier or buoy before commencing the
loading or discharging of cargo, and/or the embarkation or
disembarkation of passenger/s;
3. No vessel/boat shall leave the municipal port unless a valid
clearance has been issued by the PMU thru the POO indicating
that the said vessel/boat has already complied the necessary
fees/charges imposed;
4. The master/operator of every vessel/boat shall comply with the
instructions or direction given by the PMU thru the POO or its duly
authorized officer/s relative to the berthing, mooring and
anchoring of the vessel/boat;
5. All vessels/boats under way shall proceed with due caution and at
moderate speed. A moderate speed shall mean a speed at which a
vessel/boat could be slowed down and stopped in a short time as
possible with due regard to prevailing conditions and the safety of
the vessel/boat, passengers and cargoes;
6. Any vessel/boat causing damage by her wash shall be responsible
for such damage in the absence of any contributory negligence on
the part of the owner or person in charge of the property or
vessel/boat so damaged;

Cont. Ordinance No. 026, s. 2009

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7. A harbor craft shall not cross the bows or otherwise impede the
movement of any vessel/boat underway in the port/harbor limit
and shall give such vessel/boat as wide berth as possible;
8. No vessel/boat shall anchor or moor in any prohibited anchorage
nor use an anchor in that area except for the purpose of assisting
in berthing alongside or unberthing.
9. No vessel/boat shall anchor in, other than for purpose for which
the anchorage is designated or intended.
10. No vessel/boat shall anchor, berth, moor, or lie in the
approaches to the port facilities, in any principal fairway, or in
such manner as to obstruct the approach to an anchorage
indicated in the chart of the port except for the purpose specified,
or in a position which is likely to foul a vessel/boat which is
anchored, moored, made fast to a buoy.
11. While in the port, no vessel/boat, without the permission of the
POO, shall carry out engine repairs or other related work which
may render the vessel unable to move when required to do so.
12. No vessel/boat while berthed or moored at a pier or wharf in
the port shall be left without any authorized personnel and
competent officer who can move the same when required to do so.
Failure of the master/operator to comply with this, shall empower
the POO to cause the removal of the vessel/boat at
owners/masters/operators expense and all damages incurred by
reason thereof is the sole responsibility of the master/operator or
owner of the vessel/boat.
13. No oil, spirit, and other flammable and combustible liquid shall
be dispensed, pumped or discharged from a vessel/boat, or from
any place on land into the sea. All damages incurred by reason
thereof are the sole responsibility of the master/operator or owner
of the vessel/boat.
14. Without the permission of the POO, the BFP and concerned
government agencies, no transfer of dangerous liquid cargo shall
be carried out either between two (2) vessels/boats anchored in
the port, or in the approaches to the port, or between one
vessel/boat lying alongside a pier or wharf and other vessel/boat
lying alongside the former vessel/boat.
15. No person shall remove, alter, deface, damage or otherwise
interfere with any notice placed by the POO on any vessel/boat in
the port or on any premises under such jurisdiction.
16. No steam whistle, siren, horn, or like instrument shall be used
by any vessel/boat in the port other than a signal of danger, or for
the purpose of giving warning for the vessels/boats maneuver, or
other legitimate cause. Otherwise any vessels/boats concerned
found using such signaling instrument other than for legitimate
purpose shall be fined in accordance with the penal provision of
this Ordinance.
17. No vessel/boat shall be berthed or unberthed alongside a wharf
or pier within the port without the permission of the POO, nor shall
any vessel/boat occupy a berth other the berth allocated to said
vessel/boat.
18. First come-first served basis shall be the general rule in
determining berthing priorities of vessels/boats except for
emergency cases.
19.
No dirt, ash or rubbish of any description may be landed on
any part of the sea or wharf or pier except in the receptacles
provided for the purpose.

Cont. Ordinance No. 026, s. 2009

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20.
No refuse, filth, or excreta shall be discharged from a
discharged pipe water closet or latrine upon any part of the sea or
portion of a wharf or pier except in the receptacles provided for
this purpose.
21. Every vessel/boat shall discharge or load her cargo with
reasonable dispatch.
22. No animals shall be landed or brought into the port except for
direct delivery or shipment and the owner of the animal shall be
entirely responsible for the animals and their actions.
23. The PMU thru the POO shall after giving at least one (1) hour to
the owner or consignee of goods which are of offensive nature
landed in the premises and without the former permission, order
its removal and/or its destruction if it deems urgently necessary in
the public interest, provided however that goods classified as
highly flammable or combustible the same shall be ordered
removed upon its discovery.
24. The PMU thru the POO shall prohibit the landing or refuse to
accept any cargo which shall imperil the safety of person or
property in the port or damage any part of the premises of the
port or adversely affect the safety of any cargo in the custody of
the former.
25. The PMU shall not be responsible for any loss, or damage to
goods or cargoes stored in the warehouse likewise to the loss of
personal effects or baggage of passengers stored in the terminal
or waiting sheds within the port.
SECTION 22. PENALTY CLAUSE. Violation of any of the provision of
this Ordinance by any person either natural or juridical shall subject the said
offender to a penalty of fine to a minimum of not less than Php 1,000.00 to a
maximum of not more than Php 2,500.00 and/or imprisonment of not less than
one (1) month but not more than six (6) months subject to the discretion of the
Court.
If the offender is a juridical person, the penalty of fine and/or imprisonment
shall be imposed to its President, Manager, Director, representative or
employee thereof responsible for the violations.
SECTION 23. SEPARABILITY CLAUSE. If for any reason any section or
part of this Ordinance is declared unconstitutional or invalid by competent
judicial authority, the declared or invalid section or part thereof shall not affect
the other sections or parts to which such declaration of nullity does not apply
or relate.
SECTION 24. REPEALING CLAUSE. Any ordinance or part of an
ordinance inconsistent with the provision of this Ordinance is hereby repealed
accordingly.
SECTION 25. EFFECTIVITY CLAUSE. This Ordinance shall take effect
upon approval.
ENACTED,
UNANIMOUSLY APPROVED: By order of the Sangguniang Bayan of Ragay,
Camarines Sur this 22nd day of September, 2009.
I HEREBY CERTIFY to the correctness of the above-mentioned Ordinance.
MANUEL C. COMOTA

Cont. Ordinance No. 026, s. 2009

Page 10 of 10

Secretary to the Sanggunian


Attested:
DOMINGO

S.

CEDO

Vice Mayor/Presiding Officer


Hon. MARIA MERCADO-EJE
SB Member

Hon. ADOLFO G. BONTO, Jr.


SB Member

Hon. EMERITA D. PLANTADO


SB Member

Hon. SATURNINO Q. CLOSA


SB Member

Hon. TRANQUILINO M. VERGARA Hon. MATEO M. GONZALES, Jr.


SB Member
SB Member
Hon. MELCHOR A. BALBASTRO

Hon. ANASTACIO M. DEL CASTILLO,

SB Member

SB Member/ABC President

Jr.

Hon. AUGOST T. LANDICHO


SB Member/SKF President
Approved:
Hon. RICARDO B. AQUINO
Municipal Mayor

Date Approved: _______________