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REPUBLIC OF THE PHILIPPINES


PROVINCE OF ILOCOS NORTE
MUNICIPALITY OF DINGRAS

EXCERPT FROM THE MINUTES OF THE SIXTEENTH (16) REGULAR SESSION


OF THE SEVENTH (7) SANGGUNIANG BAYAN OF DINGRAS, ILOCOS NORTE
HELD AT THE SANGGUNIAN SESSION HALL ON OCTOBER 22, 2007

Members Present:

Hon. Erdio E. Valenzuela Vice Mayor/Presiding Officer


Hon. Randolf P. Magno, SB Member,
Hon. Samuel D. Galano, -do-
Hon. Samuel N. Demandante, -do-
Hon. Nathaniel Ruben D. Taylan II, -do-
Hon. Joey S. Apostol -do-
Hon. Elsie P. Garces, -do-
Hon. Rowena Celerina P. Verzosa -do-

Member/s Absent:

Hon. Jose Mari Genaro B. Albano, SB Member,


Hon. Joefrey P. Saguid, -do- Liga President
Hon. Gretchen V. Valencia -do- SK President

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MUNICIPAL ORDINANCE NO. 2007--07--005
Series of 2007

AN ORDINANCE ENACTING THE ADMINISTRATIVE CODE OF THE MUNICIPALITY


OF DINGRAS, ILOCOS NORTE

Sponsored by Hon. Erdio E. Valenzuela and Hon. Samuel N. Demandarite


& the Committee on Rules and Laws

WHEREAS, the Administrative Code of this municipality was presented to the body for
review, deliberation and approval;

WHEREAS, after proper deliberation, review and perusal by the body, said
Administrative Code as presented was found to be meritorious and acceptable;

WHEREFORE, on motion by Hon. Samuel N. Demandante duly seconded by Hon.


Elsie P. Garces, BE IT O~AINED THAT:

Chapter I. General Provisions

Article A. Short Title and Scope


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Section 2. Scope. This ordinance covers all general and special ordinances of the
Municipality of Dingras enacted over the years, as well as provisions of Executive
Orders of the Municipal Mayor and resolutions of the Sangguniang Bayan that partake
the nature of ordinances.

Section 3. Relation of code to Prior Ordinance. The provisions of this ordinance


which are substantially the same as existing ordinances relating to the same subject
matters shall be construed as restatements and continuations and not as new
enactments.

Section 4. Amendment of New Chapters, Articles and Sections. Any enactment


shall refer to the chapter or section concerned. A new chapter maybe placed where it
belongs appropriately. A new article or section maybe added or inserted in the proper
chapter.

Section 5. Form and Style. Some provisions of this ordinance preserved thH original
text and form in which they were passed, while others have been rewritten in the
process of consolidation or simply for the sake of clarify and style.

Section 6. Reference Code. Whenever reference is made to any provision of the Code
the references applies to all its amendments and addition hereinafter made.

Article B. Rules of Construction

Section 7. Construction of Code. In the construction of the Code, the follo~ing rules
shall be observed unless the construction will be inconsistent with the manifest intent of
the Code.

General Rules. 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 others as may have acquired a peculiar and
appropriate meaning in the law shall be construed and understood according to
that peculiar and appropriate meaning.

Gender and Number. Every word in the Code importing the masculine gender
shall extend to both female and male. Every word importing the plural number
shall extend and apply to one person.

Person. The word person shall extend and be applied to natural and juridical
persons such as firms, partnership, corporations or associations unle$S plainly
inapplicable.

Tenses. The use of any verb in the present tense shall include the future when
applicable. The words "shall have been" include past and future cases. ~shall" is
mandatory and "may" is permissive.

Reasonable time or notice. In all cases where any provisions of this Code shall
require any act to be done in reasonable time or reasonable notice to be given
that reasonable time or notice shall mean such time only as maybe necessary for
the prompt performance of that duty, or compliance with that notice.

Section 8. Conflict between/among chapters or Articles. Should the provisions of


the different chapters ~icles conflict with or contravene with one another, the
provisions within each , hapt r shall prevail in so far as matters in each Chapter are
concerned.

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Section 9. Conflict with Different Sections. Should the conflict ba within the different
sections, the provisions of the Article which is last in the original sequence shall govern.

Chapter II. Administrative Development

Article A. Human Resources and Development

~ection 1O Statement of Policy. It shall be the policy of the municipal government to


improve the local bureaucracy, provide opportunity to government officials and
employees to enhance their skills, capabilities and potentials to achieve an effii::ient and
effective local government and to provide benefits and incentives to deserving
personnels.

Section 11 Recruitment, Selection and Placement of Personnel.

a. Posting of vacant positions. Notices of vacant positions shall be posted in at least


three (3) conspicuous places in the municipality for a period of not less than
fifteen (15) days;

b. Preliminary requirements. The Human Resource Management Officer shall take


charge of all preliminary requirements in the recruitment, selection and
placement process;

c. Personnel Selection Board. There shall be established a Personnel Selection


Board to assist the Local Chief Executive in the judicious and objective selection
of personnel for employment as well as for promotion, and in formulation of
policies as would contribute to employee welfare.

The composition of the Personnel Selection Board shall be as follows:

Chairman - Municipal Mayor


Members: Employee representative from Second Level position.
Employee representative from First level position
Department Head Concemeo
Sanguniang Bayan Representative
Ex-Officio members - Human Resource Management Officer
Representative of the Civil Service Commission

Section 12. Career and Employee Development

a. Training and development Plan. An assessment of the training needs of


employees shall be conducted to serve as a basis for the preparation of
Annual Training and Development Plan. The Human Resource Management
Officer shall take charge in preparing the instrument and the conduct and
assessment of results.

b. Scope of Career Development. The Human Resource Management Officer


shall provide for the inclusion of the subject areas not limited to:
3. Re-orientation program
4. Professional/Technical program
5. Employee Development program
6. Middle Management Development program
7. Moral Recovery program
8. Executive Development program
9. Legislative Development program
10. Job Rotation
11 . Gender and Development

c. Personnel Development Committee. The Personnel Development Committee


is hereby established to recommend to the Municipal Mayor,
employees/officials who shall undertake seminars, trainings, conferences,
workshops, study grants and scholarships. The Composition of the
Committee shall be as follows:

Chairman - Municipal Administrative Officer

Members:- Human Resource Management Officer, SB -


Committee Chairman on Rules and Laws

- Employee representative from Second Level position

- Employee representative from First Level position

Section 13. Incentive and Awards System. There shall be established an Incentives
and Awards system in accordance to Rule X of the Omnibus Rules Implementing Book
V of Executive Order No. 292 of the Civil Service Laws. The incentives and awards
system shall include the following:

a. Recognition Awards. There shall be conducted an annual search for


outstanding officials and employees. The awards shall be:

a. Employee of the Year Award on Various Categories

1.1 Managerial/Supervisory
1.2 Technical
1.3 General Administrative/Legislative
1.4 Labor
b . . Loyalty Awards, Officials and employees who have satisfactorily
rendered service shall be given due recognition by:

1. 1 40 years of service - 1 gold service pin (or plaque)


?J,.,. plus Php15,000.00 -

1.2 3Q years of service - 1 silver service. pin (or plaque)


V: plus Php10,000.00

1. 3 20. year,rtnservice - 1 bronze service pin (or plaque)


,.r ll'tJ ~ plus Php5,000.00 ,

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c. Service Awar~s. This awar~ sh~II ~e given to officials and employees
who. at the . time of deati:, 1s still 1n service and/or while pHrforming
offiaal function, shall be given due recognition and award.

d. Awards Committee. There shall be created a Committe,3 whose


memt>E:rs ~hall be designated by the Municipal Mayor to set the criteria
and guidelines for the selection of outstanding officials and employees.

e . Funding Requirements. The municipality shall appropriate funds


necessary for the implementation of the Recognition Awards.

b. Merit Increase/Step Increments. The grant of merit increase/step increments


for outstanding employees shall be in accordance with the provisions of Joint
Civil Service Commission-Department of Budget and Management Circular
No. 1, series 1990.

c. Year-end benefits or 13th month bonus plus PS,000.00 cash gift shall be
granted to all officials and employees of the municipality.

d. Clothing Allowance. Officials and employees shall be granted an annual


clothing allowance of P4,000.00.

e. Monetization of Earned Leaves. Officials and employees shall be given option


to convert at least ten (10) days earned leaves into cash yearly.

f. Death Assistance Plan. There shall be an established Municipal Government


Death Assistance Plan to give immediate financial assistance to officials and
employees who at the time of death is still in the service and/or whose
relation within the first degree of consanguinity or affinity had passed away.

a. There shall be a contribution of Two Hundred Pesos (P200.00) from


each employee for every official and employee who dies while still 'in
the government.

b. There shall be a contribution. of One Hundred Pesos (P100.00) from


each employee for every official and employee who had passed away.

c. The municipal government shall allocate a yearly counterpart fund of


Ten Thousand Pesos (P10,000.00) for every official and employee
who dies while still in the service but not greater than Twenty
Thousand Pesos (P20,000.00) every year.

d. The municipal government shall allocate a yearly counterpart fund of


Five Thousand Pesos (PS,000.00) for every official and employee
whose nearest relafive within the first degree of consanguinity or
affinity had passed away.

g. Scholarship Program for Municipal Officials/Employees. There shall be a


scholarship program for all deserving officials and employees to prepare them
for higher positions and greater tasks to improve government service delivery
system.

Section ~4. ~iscipline and~ale. There shall be established policies on discipline and
moral which include the tonowi11g:

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a. Absenteeism and Tardiness. The municipal government shall aclopt and
implement the policy on absenteeism and tardiness under Civil Service
commission Memorandum Circular No. 4, series 1991 .

b. Monday. Flag Raising Ceremony. All elective officials and employees shall attend
the Monday flag raising ceremony. The Human Resource Management Officer
shall take charge of attendance and shall prepare a consolidated report of
attendance every end of the month.

c. Wearing of Uniforms and ID Tags. All municipal officials and employees shall
wear the prescribed uniforms with Jheir IDs prominently tagged thereon.

d. Violations. The Human Resource Management Officer shall oversee the


implementation of the rule on tardiness and absenteeism, non-attendance to the
Monday flag raising ceremony and wearing of uniforms and ID cards. He shall
submit the report on violators to the Municipal Mayor for appropriate disciplinary
action.

Section 15. Personnel Relations Program. There shall be established an


Employee Relations Program to be formulated by the Human Resource
Management Officer. He shall also prepare an annual plan for the promotion and
development of a sound and wholesome personnel relations program which include,
but not limited to the following:

a. Promotion of health and safety


b. Provision of athletics and recreation
c. Enhancement of socio-cultural and religious activities
d. Promotion of camaraderie and oneness.
e. Enhancement of belongingness and sense of dignity

Section 16. Grievance Procedure. There shall be an established Municipal


Complaints and Grievance Committee, as governed .by Rule XII of the Omnibus
Rules Implementing Book V of Executive Order 292 and other pertinent Civil Service
laws, rules and regulations.

Section 17. Performance Evaluation System. There shall be established a


Performance Evaluation System, in accordance with Rule IX of the Omnibus Rules
Implementing Book V of Executive Order 292 and other pertinent Civil Service laws,
rules and regulatjons.

Article B. Bids and Awards Committee

Section 18. Creation. : Pursuant to Republic Act No. 9184 of the implementing
Rules and Regulations, the Bids and Awards Committee shall be strengthened and
which shall be primary responsible for the conduct of prequalification of contractors,
bidding, evaluation of bids and the recommendation of awards concerning local
infrastructure projects.

Section 19. Composition. The Bids and Awards Committee shall.be as follows:

BAC Structure

Each proc; ng entry shall establish in its head office a single BAC to
process for practical intents and purposes, the head of the procuring entity may
create separate BACs where the number and the complexity of the items to b e
procured . shall so_warrant. The BACs maybe organized either according to a)
geographical location of the PMO or end-user units of the procuring entity or b)
nature of procurement. Similar committees for decentralized and lower level offices
may also be formed when deemed necessary by the head of the procuring entity.
The creation of the separate BACs procedures and standards. In line with the
objective to integrate the operations of foreign assisted projects to the mainstream
operations of agencies, separate BACs created to manage foreign assisted projects
are discouraged.

2. BAC Composition

The BAC shall be composed of one (1) representative each from the regular
offices under the Office of the Local Chief Executive such as, but not limited to the
following: Office of the Administrator, Budget Office, Legal Office, Engineering
Office, General Services Offices. The end user office shall always be represented in
the BAC. The Chairman of the BAC shall be at least a third ranking permanent
official of the procuring entity. The Members of the BAC shall be personnel
occupying plantilla positions of the procuring entity concerned.

The Local Chief Executive shall designate the members of the BAC. The
members shall elect among themselves who shall act as the Chairman and Vice-
Chairman.

1. The members to be designated by the head of the procuring entity to the


BAC shall be at least five (5), but not more than seven (7).

Unless sooner removed for a cause, the members of the BAC shall have a fixed term of
one ( 1) year reckoned from the date of appointment, renewable at the discretion of the
head of the procuring entity. In case of resignation, retirement, separation, transfer, re-
assignment, removal, death, the replacement shall serve only for the unexpired term:
Provided, however, that in cases of leave or suspension, the replacement shall serve
only for the duration of the leave or suspension. For justifiable causes, a member shall
be suspended or removed by the head of the procuring entity. In the interest of
professionalization, the head of the procuring entity is encouraged to extend the terms
qf office of the deserving members.

Section 20. Functions of the BAC.

The BAC shall have the following functions; advertise and/or post the invitation to
bid, conduct pre-procurement and pre-bid conferences, determine the eligibility of
prospective bidders, receive bids, undertake post-qualifications proceedings, resolve
motions for reconsideration, recommend award of contracts to the head of the procuring
entity or his duly authorized representative; Provided, however, that in the event the
head of the procuring entity shall disapprove such recommendation, or disapproval shall
be based only on valid, reasonable and justifiable grounds to be expressed in writing,
copy furnished the BAC, recommend the imposition of sanctions in accordance with
Rule XX.111, and perform such other related functions as may be necessary, including
the creation of a Technical Working Group (TWG) from a pool of technical, financial
and/or legal experts to assist in the procurement process, particularly in the eligibility
screening, evaluation of bids and post-qua_lification. In proper cases, the BAC shall also
recommend to the head of the procuring entity the use of alternative methods of
procurement as provided for in the procurement act.

The BAC shall be esp nsible for ensuring that the procurement regulations, and
it shall prepare a monitoring report that shall be approv d and submitted
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by t~e ~ead of the procuring entity to the GPPB on a semestral basis. The procurement
mon,tonng report shall cover all procurement activities specified in the APP whether on
going and ~ompleted; costing fifty million pesos (Php 50,000,000.00) a~d above for
goods and.1nfrastr~cture projects, and five million pesos (Php 5,000,000.00) and above
for consulting services. The report shall cover major activities from the holding of the
pre-procurement conference to the issuance of notice of award and the approval of the
contract including the standard and the actual time for each major procurement activity.
It shall be submitted in printed or electronic format within ten (10) working days after the
end of each semester.

Section 21. Quorum and BAC Secretariat

A majority of the total BAC composition as designated by the head of the


procuring entity shall constitute a quorum for the transaction of"business, providedthat
the presence of the Chairman or Vice Chairman shall be required.

The head of the procuring entity shall create a Secretariat which will serve as the
main support unit of the BAC. He may also designate an existing organic office within
the said procuring entity to serve as secretariat. However to strengthen, and promote
the professionalization of the organizations' procuring unit, he may reorganize this unit
by designating it as BAC Secretariat and redeploying appropriate existing personnel to it
to perform this function, as well as procurement related task. The secretariat sllall have
the following functions and responsibilities;

1. Provide administrative support to the BAC;


2. Organize and make all necessary arrangements for the BAC meetings;
3. Attend BAC meetings as Secretary;
4. Prepare minutes of the BAC meetings;
5. Take custody of procurement documents and be responsible for the sale and
distribution of bidding dqcuments to interested bidders.

6. Assist in managing the procurement processes;


7. Monitor procurement activities and milestone for proper reporting to relevant
agencies when required.

8. Consolidate PPMPs from various units of the procuring entity to make them
available for review.

9. Make arrangements for the pre-procurement and pre-bid conference~ and bid
openings and .

1 O. Be the central channel of communications for the BAC with end user$, PMOs,
other units of the line agency, other government agencies, providers of
goods, civil works and consufting services', and the general public.

Section 22. Meetings:

The Chairman or, in his absence, the Vice Chairman, shall preside at all
meetings of the BAC. The decision of at least a majority of those present at a meeting at
which there is a quorum shall be valid and binding as an act of the BAC; Provided,
however, that the Chairman or, in his absence, the Vice Chairman, shall vote only in
case of tie. Observers d representatives of BAC members shall have no rigt)t to vote
during BAC .meetings, or shall the representatives of BAC members be authorized to
sign in behalf of the m mbers r presented.

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Article C. Municipal Development Council

Section 23. Creation Pursuant to Section 106 of the Local Government Code of 1991,
the Municipal Development Council shall be strengthened and shall assist the
Sangguniang Bayan in setting the directions of socio-economic development and
coordinating development efforts.

Section 24. Composition. The composition of the Municipal Development CoLtncil shall
be as follows

Chairman: .... . . . ...... . . . . .Municipal mayor


Vice Chairman ..... . .... . .. .Municipal Vice Mayor
Members .... ... . . . . . .. . .. .Chairman of the Committee on Appropriations
of the Sangguniang Bayan

All thirty one (31) Barangay Chairmen


Congresswoman of the 200 District of llocos Norte or
his representative

Representative of NGO's operating in the


municipality, who shall constitute not less
than one fo_urth (1/4) of the fully organized
council.

Honorary Members Other Sanguniang Bayan Members

Section 25. Functions. The Municipal Development Council shall exercise the
following functions:

a. Formulate long-term, medium-term, and annual socio-economic development


plans and policies.

b. Formulate the medium-term and annual investment programs.

c. Appraise and prioritize socio-economic development programs and projects.

d. Formulate local investment incentives to promote the inflow and direction of


private investment capital.

e. Coordinate, monitor and evaluate the implementation of development


programs and projects.

f. Performs such other functions as may be provided by law or ordinances or


competent authority.

Section 26. Meetings and Quorum. The Municipal Development Council shall meet
at least once every six (6) months or as often as may be necessary.

Section 27. Creation of Executive Committee. There is hereby created an


Executive Committee to represent it and act in each behalf when it is not in session.

Section 28. Composition. The composition of the Executive Committee shall be as


follows: /

Chairman Municipal Mayor

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Members Chairman, Committee on Appropriation of th13
Sangguniang Bayan

ABC President

Representative of NGOs that are represented


in the Municipal Development Council

Section 29. Functions. The Executive Committee shall exercise the following
functions:

1. Ensures that the decision of the Council are faithfully carried out and
implemented.

2. Acts on matters requiring immediate attention or action by the Council.

3. Formulate policies, plans and programs based on the general principles laid
down by the Council.

4. Acts on other matters that maybe authorized by the Council.

Section 30. Secretariat. The Municipal Planning and Development Coordinator


shall be the Secretariat of the Municipal Development. It shall be responsible for
providing technical support, documentation of proceedings, preparation of reports
and such other assistance as maybe required in the discharge of its functions. The
local development council may avail of the services of any non government
organizations or educational or research institutions for this purpose.

Article D. Barangay Affairs

Section 31. Statement of Polley. The municipal government shall strengthen the
barangays to make them more effective in local governance. It shall be a policy to
support them in attaining genuine local autonomy thus making them self-reliant, self-
propelling and responsive political units.

Section 32. Legal Assistance to Barangay Officials. The municipal go"ernment


shall render legal assistance to any barangay official charged criminally or
administratively in connection with or on the occasion of the discharge of his official
duties, not contrary to law.

Section 33. Death lndemnjty to Barangay Tanod. The amount of not less than
Five Thousand Pesos (PS,000.00) shall be paid to the surv.iving heirs of Barangay
Tanod who dies during his tenure of office. If the death is a direct assault upon his
person while in the performance of his duties or in the exchange of gunfire between
individuals or group of individuals the amount to be paid to the heirs shall be double.
Provided finally that if the death is due to suicide, no amount shall be paid to the
heirs.

Section 34. Katarungang Pambarangay. The barangay shall be supported to


implement Book Ill Chapter VII or Katarungang Pambarangay of the Local
Government Code of 1991 by perf<:>rming but not limited to the following:

a. Organize a Katarung~ Pambarangay Monitoring Unit composed of a team

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. :ancllJ;Ketarunga~ :amba::ngay
leader and two (2) members who may come from the executive and le,gislative
Monitori~ U;:;;onitor ~e
conciliation, me~ia~ion, and. arbitratio~ of barangay disputes. The unit shall also
con~u~t a continuing public education on barangay justice and conciliation
med1at1on and arbitration skills of Lupon members. '

b. Identify funding sources for training, monitoring, evaluation and incentives of


Lupon members.

Article E. Public Morals and Decency

Sec~ion ~5. Statement of Policy. It shall be the policy of the municipality that all forms
of v1?8s, indecent shows, serving/selling intoxicating liquor to minors; selling cigarettes
to minors shall be prohibited.

Section 36. Illegal Gambling. All forms of games depending wholly on chance and
attended with betting of money or equivalent consideration. The following persons shall
be held liable for illegal gambling.

1 . Any person who directly or indirectly participate in any game of chance.

2. Any person who maintains and/or finances any prohibited games or who
operates similar games or contrivances.

3. Any person who is found to have in his possession money, lists, signs, records,
symbols, devices, and other paraphernalia used in illegal games.

4. Any person found inside or within the immediate premises of the place where the
gambling is held or conducted or about to be played or conducted, shall be
presumed to be participating directly or indirectly in gambling or any of the games
of chance.

Section 37. Exemptions. The following may be exempted from the provision of illegal
gambling.

a. Bingo socials, popularity contests, raffles and similar activities held for fund
raising purposes provided that the organizer secures a permit 11rom the
Department of Social Welfare and Development.

b. Mahjong not to exceed two (2) tables provided the organizer secures a permit
from the Department of Social Welfare and Development.

c. Bingo, tong-its, pusoy dos, pepito, lucky nine and other card games during death
watch or vigil for a dead person.

Section 38. Illegal Drugs. No person shall use, administer, sell, give away illegal drugs
such as shabu, marijuana, cocaine and other prohibited drugs.

Section 39. Indecency. No person shall appear nude or in any state of undress in
public, in any stage shows, fashion shows, or exhibition in the promotion of products or
shows and the like.

Section 40. Pornography. No person shall sell, exhibit or display any pornographic
materials in the form of boo , gazine, drawing, photograph, painting or any form of
illustration. No person shal also ell, rent out, show or exhibit pornographic films or
pictures, tapes, s es or di cs.
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Section 41. Exemptions. Works of art, whether in the form of photographs, drawing,
paintings, sketches, sculpture or etchings, depicting subjects in the mude but not in any
lascivious or indecent act or posture are exempted from the coverage of the preceding
section.

Section 42. Loitering in Public Places. No person below eighteen ( 18) years old shall
loiter about the street, parks, plays or any public places between 10:00 ~-Mand 3:0~ ~M
except those who are returning to or going out of their houses for leg1t1mate or v1s1ble
purposes.

Section 43. Serving/Selling Intoxicating Liquors to Minors. Owners, operators and


sellers of business establishments selling intoxicating liquor are strictly prohibited to sell
or serve intoxicating liquors to persons below eighteen (18) years of age.

Section 44. Selling Cigarettes to Minors. Owners, operators and sellers of business
establishments selling cigarettes are strictly prohibited to sell cigarettes to persons
below eighteen (18) years of age.

Section 45. Penalty. Any violation of the provisions of this article shall be punished with
a fine of not less than five hundred pesos (Php 500.00) nor more than One thousand
Five Hundred Pesos (Php 1,500.00) or 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.

Chapter Ill. Business Establishments

Article A. Business Establishments

Section 46. Regulation. The establishment, maintenance and operation of private


markets, shopping centers and similar establishments is hereby a1:,1thorized subject to
the following conditions:

a. the place of business or building to be constructed must be of strong


materials and with cement flooring

b. it must have public toilets for male and female

c. it shall have stall for fish and meat section of concrete and glazed tiles on
top

d. the entire building must have adequate water supply twenty four hours

e. the entire establishment shall be kept clean all the time


f. the owner/operator must comply with the sanitary rules and regulations as
well as existing ordinances related to the operation of such business

g. the owner/operator shall detail security guards within the compound for
the protection of the buying public

h. t~e owner/operator shall promptly pay the corresponding taxes, permit and
license fees prescri by the municipal revenue code or revision thereof

i. the building must ipped with firefighting equipments as provided for


in the Fi Code.

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j. The owner/operator shall set aside a portion of the lot or building for
parking purposes.

Section 47. Requirements. The owner/operator shall first submit to the building official
the plans and specifications and comply with the requirements set forth by the National
Building Code.

Section 48, Revocation of Permit. The permit or license granted to the owner/operator
of business establishments may be revoked by the Municipal Mayor for violation of
existing ordinances.

Section 49. Penalty. Any violation of the provisions of this article shall be punished with
a fine of not less than Five Hundred Pesos (PS00.00) nor more than One Thousand
Five Hundred Pesos (P1 ,500.00) or imprisonment of not less than one (1) month nor
more than six (60 months or both fine and imprisonment at the direct discretion of the
court.

Article B. Dlspl~y of Business Permits/Census Stickers

Section 50. Display of Business Permit. All owners/operators of stores and business
establishments are required to display in conspicuous place in their respective
establishment, Municipal License and/or Mayor's Permit, Business Permit or Permit to
operate and sanitary Permit.

Section 51. Issuance of Census Stickers. There shall be issued a Census Sticker to
all persons securing permit from the Office of the Municipal Mayor for the operation,
conduct or maintenance of any business activity. The Census sticker shall be serially
numbered according to the year of issue, of appropriate material and quality with a
design that would inhibit tampering.

Section 52. Penalty. It is unlawful to copy, reproduce, tamper, deface or mark the
permit, license or census stickers. Any violation of the provision of the two (2) preceding
sections shall be punished by a fine of not less than Five Hundred Pesos (PS00.00) nor
more than One Thousand Five Hundred Pesos (P1 ,500.00) or imprisonment of not less
than one (1) month nor more than six (60 months or both fine and imprisonment at the
direct discretion of the court.

~rticle C. Clearance Requirements for Business Permits

Section 53. Clearance Requirements. All owners/operators of business in the


municipality including their personnel are required to secure Barangay Clearance,
Police Clearance, Court Clearance and Mayor's Clearance and correspondingly pay the
amount of fees mandated by the Municipal Revenue Code.

Section 54. Administrative Provisions. a.) Issuance of a barangay clearance for any
business or trade activity shall be a requirement before the Municipal Mayor issues the
Mayors Clearance, license and p~rmit and shall be acted in seven (7) working days
from the filing tt)ereof.

b.) In case the clearance is not acted upon or issued within the said period, the
Municipal Mayor may then issue the corresponding clearance, license or permit being
applied for by the applicant.

Section 55. Penalty. Any v'olation of the provi~ions of this Article shall be punished by

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Hundred Pesos (P2,500.00) or imprisonment of not less than one (1) month nor more
than six (6) months or both fine and imprisonment at the direct discretion of the court.

Article D.. Renewal of Mayors Pennit

Section 56. Requirements. All owners/operators of business establishment who


applies for renewal of Mayor's Business Permit shall first pay their Property Tax for the
preceding year including surcharges, back arrears/rentals, interest and penaltit:!s before
their application for renewal of Mayor's Business Permit is approved.

Section 57. Penalty. Any violation of the provisions of this Article shall be punished by
a fine less. than Five Hundred Pesos (PS00.00) nor more than Two Thousand Five
Hundred Pesos (P2,500.00) or imprisonment of not less than one (1) month nor more
than six (6) months or both fine and imprisonment at the direct discretion of the court.

Article E. Security Measures

Section 58. Fire Extinguisher. All owners/operators of business establishment are


required to provide one (1) to two (2) fire extinguishers within their area of business
except those located in the public market and business whose capital is Two Hundred
Thousand Pesos (P200,000.00) or more .

Section 59. Electrical Permit. All owners of houses, business establishments, office
and other places are required to secure a permit from the Building Official before the
installation of electrical gadgets and pay the corresponding fee or charges embodied in
the Municipal Revenue Code.

Section 60. Storage of Explosives/Combustible Materials. No person or association


established or maintain a fireworks factory, store at his place of business. Any explosive
material, dynamite, blasting supplies as ingredient, firecrackers without obtaining
special permit duly paid for subject to the strict compliance of the following:

a. establishment of fireworks factory, storage of explosive materials, dynamite,


blasting supplies, firecrackers must be constructed or stored not less than two
hundred (200) meters away from all residential and commercial areas

b. storage of all combustible and explosive materials shall be separated from the
work area and place of business

c. establishment of fireworks factory, storage of combustible and explosive


materials shall be guarded, safe and free from being ignited and declared OFF
LIMITS to the public

Chapter IV. Motorized Tricycle Operators Permit (MTOP).

Article A. Short Title and Scope.

Section 61. Short Title. This ordinance shall be known as Motorized tricycle Operators
permit (MTOP) rules and regulations.

Section 62. Scope. This ordinance shall govern the-rules and regulations in securinga
motorized tricycle operators per (MTOP), operating conditions, fees and charges and
other impositions within the juri icf n of the municipality of Dingras, province of !locos
Norte. I

14
Article B. Definition of Terms

Section 63. Words Defined in this Ordinance.

a. Motorized Tricycle for Hire - is a motor vehicle composed of a motorcycle fitted


with a single wheel sidecar or a motorcycle within a two-wheel cab operated to
render transport service to the general public for a fee.

b. Motorized Tricycle Operators Permit (MTOP) - is the document granting


franchise or license to operate to a person, natural or juridical allowing him/it to
operate motorized tricycle for hire over zones specified therein.

c. Zone - is a contiguous land area or block, say, a subdivision or barangay where


a tricycle for hire may operate without a fixed origin and destination.

d. Franchise - is a right or privilege, affected with public interest which terms and
conditions as in the government and its political subdivisions may impose in the
interest of public welfare, security- and safety.

e. Operator - refers to the owner of the motorized tricycle for hire whict-1 may be
single proprietorship, partnership, transport cooperative and/or private
corporations with sixty (60) percent Filipino equity.

f. Sanggunian - refers to the Sangguniang bayan of the municipality of Dingras


that will exercise the devolved functions of the Land Transportation Franchising
and Regulatory Board's authority to grant franchise to motorized tricycle for hire
pursuant to the provision of Book Ill Title 2, Chapter 3, Article 3, section 447, 3.VI
of the Local Government Code of 1991.

Article C. Franchise and Other Fees

Section 64. Imposition of Franchise and Other Fees. Every person who applies and
operate motorcycles for hire shall pay the following:

1. Annual Franchise Fee per unit. .P300.00


2. Filing Fee per unit . . 50.00
3. Inspection Fee per unit . 50.00
4. Fare adjustment fee for fare increase and to be
Collected together with the annual franchise fee. 50.00

Section 65. Time of Payment:

a. The franchise fee shall be paid to the Municipal Treasurer upon application or
renewal of the franchise.

b. The filing fee shall be paid upon application for an MTOP based on the, number
of units.

c. Fare adjustment fee for fare increas~ shall be paid upon approval of fare
increase and to be colrected together with the annual franchise fee.

d. Filing fee for amendment M OP shall be paid upon application for transfer to
another zone, change of it or transfer of MTOP.

15
e
Section 66. Rules of Entry. Only Filipino citizens. bonafide residents within the
territorial limit or jurisdiction of the Municipality of Dingras or who may have resided in
the Municipality for at least 6 months and/or partnerships or corporation with 60%
Filipino equity are qualified operators of tricycle for hire. No MTOP shall be granted
unless the applicant is in possession of units with valid registration papers from the
Land Transportation Office.

1. No operator shall be allowed to operate a tricycle for hire without first securing a
Motorized Tricycle Operators Permit (MTOP).

2. Grantee of MTOP must carry a common carrier's insurance sufficient to answer


any liability it may incur to passengers and third parties in case of accidents.

3. The Sangguniang Bayan of the Municpality of Dingras shall issue, amend, revise,
renew, suspend or cancel MTOP and prescribe the appropriate terms and
conditions therefore, determine, fix, prescribe or periodically adjust fares or rates
for the service provided in a zone after public hearing; fix, impose and collect,
and periodically renew and adjust but not oftener than once every three (3)
years, reasonable fees and other related charges in the regulation of tricycle for
hire.

4. Only Filipino citizens and partnership or corporation with sixty percent (60%)
Filipino equity shall be granted the MTOP. No MTOP shall be granted by the
Municipality unless the applicant is in possession of units with valid registration
papers from the Land Transportation Office.

5. The grantee of the MTOP shall carry a common carrier insurance sufficient to
answer for any liability it may incur to passengers and third parties in case of
accident.

6. Operators of tricycle for hire shall employ drivers duly licensed by LTO for tricycle
for hire.

7. An Operator who fails to operate continuously for one (1) year and/or to renew
for two (2) years, this franchise shall be deemed ip~o facto revoked in favor of
the Municipal Government pursuant to law. Transfer to another zone/route
maybe permitted upon application.

8. Tricycle operators are prohibitedto operate on national highways utilized by four-


wheel vehicle greater than four (4) tons and where normal speed exceeds 40
kph. The Sangguniang Bayan may provide exemptions if there is no alternative
route.
9. Tricycle for hire may be allowed to operate like a taxi service, ie: service is
rendered upon demand and without a fixed rate within a zone.

1o. The Sangguniang Bayan may impose a common color for tricycle for hire in the
same zone. Each tricycle unit shall be assigned and bear an identification
number aside from its LTO license plate number.

11 . The Mayor's Permit shall be issued only to owners of tricycles for hire upon
payment of the fee to the Municipal Treasurer or his duly authorized
representative.

12.The Municipal Treasurer shall keep a register of all persons who have tricycles
for hire containing the ne ss , information such as names and address of
owners, make and brand f th tricycle and the plate number.

J
16
Article D. Administrative Provisions

Section 67. Fares.

1. The fares shall established at a level that will provide the operator a reasonable
return of profit and still be affordable to the general public.

2. The fare structure may be flat (single fare regardless of distance) of a minimum
amount plus a basic rate per kilometer which may be adjusted by the
Sangguniang Bayan as the need arises after appropriate public hearing.

3. The official fare prescribed by the Sangguniang Bayan shall be a minimum fee of
Seven Pesos (P7.00) for the first kilometer and One Peso (P1 .00) for every
succeeding kilometer thereafter be charged per passenger and Six Pesos
(P6.00) for the first kilometer and One Peso (P1 .00) for every succeeding
kilometer for Students and Senior Citizens/Disabled. In no case shall fares be
higher than those authorized by the Sangguniang Bayan be charged without its
previous authority.

4. The table of fares shall be posted prominently at the tricycle terminal and in the
conspicuous of the vehicle.

Section 68. Powers of the Sanqqunlanq Bayan. In lieu of the Land Transportation
Franchising and Regulatory Board of the Department of Transportation and
Communication, the Sanggunian shall perform the following:

1. The Sangguniang Bayan shall have the right and power to regulate the number
of units to operate within its territorial jurisdiction, and in furtherance of the same,
it may temporarily stop the issuance of franchise, and in so doing the primordial
consideration shall be the convenience of the riding public.

2. Issue, amends revise, renew, suspend or cancel MTOP and franchise in


accordance with the terms and conditions thereof.

3. Determine, fix, prescribe or periodically adjust fares or rates for the service in a
zone after public hearing.

4. Prescribe and regulate zones or service in coordination with the barangay.

5. Fix, impose and collect and periodically review and adjust but not oftener than
once in a three (3) years, reasonable fees and other related charges in the
regulation of tricycle for hire.

6. Establish and prescribe the conditions and qualifications of service.

Section 69. Procedures for the Legalization of the Operation of Motorized Tricycle
for Hire. Operation for the legalization of the operations of motorized tricycle for hire
shall be submitted to the Office of the Sanggunian.

The processing, evaluation and recommendation for proper action by the


Sanggunian shall be undertaken by a Special Committee composed .of the different
Chairman of the following committee, to wit:

1. Committee on Rules and La , Ethics and Justice

2. Committee on Fi pro iations, Ways and Means


)

17
3. Committee on Transportation and Communication, Labor, Trade, Commerce and
Industry

4. Committee on Agriculture, Agrarian Reform and Cooperatives

5. Committee on Public Works and Highways, Environment and Natural Reisources

6. Committee on Public Order, Safety, Security and Human Rights

7. Committee on Market and Slaughterhouse, Landed Estates and Assessments

8. Committee on Social Services, Education, Health, Sanitation, Women and Family


Relation and Nutrition

Which shall be charged by the Vice Mayor or Presiding Officer of the


Sanggunian. The approval and grant of franchise s_hall be issued in the prescribed form
by the Sanggunian duly assembled in session.

The Municipal Mayor shall be the only authorized signatory of the MTOP after the
application has been approved by the Sanggunian.

Section 70. Pre-requisite in the Legalization of Operation of Motorized Tri,cvcle for


Hire.
The applications shall submit to the Office of the sanggunian the following forms
duly accomplished:

1. Application from MDMCH Form No. 1 duly notarized (Annex A)


2. Motor vehicle inspection report MDMCH Form No. 2 (Annex B)
3. Official Receipt of Payment (O.R.) (LTO)
4. Certificate of Registration (C.R.) (LTO)
5. Driver's License
6. Insurance Policy of the Unit
7. Barangay Clearance
8. Police Clearance
9 . Mayor's Clearance
10. BIR Clearance
11. SSS Clearance
12. PhilHealth/ Certification of Remittance
13. Birth Certificate to determine if the operator is of legal age
14. Health Clearance
The provisional authority to MCH service shall be issued to the operator after the
application for legalization shall have been approved.

Section 71. Rules of Motorized Tricycle for Hire Operation.

1. For Sc;lfety reasons, no tric~ le shall operate on national highways utilized by 4-


wheel vehicles greater th n 4 tons and where n_ormal speed exceed 40 kph.
However, the Sanggunian may rovide exceptions if there is no other al,t~rnative
route. \
U;
18
4.3.
-
The Case Number where the operator who has more th
transfer any of his units by way of sale donation or any faon onef ( 1) unit and
h II b t . d b h , rm o co, weyance
sMTaOP eh rleda,~e Y t e ~armer o~ner and the side car number. In case an
o er increases his/her unit, a new side car number shall be :ssued.

5. An operator wishing to stop service completely or to suspend for more th


m?~th should report in writing such termination to the Sangguni, ,n a:~~~
ong1~ally granted the MTOP prior thereto. Transfer to another zone/rout 3 may be
permitted upon application.

6. Fa!lure of MTOP granted to report the sale, transfer or suspend servi :e of the
unit/MTOP sha!I be deem~d existing and the MTOP grantee shall be liable to pay
. the corresponding fees to include surcharges, fines, should there be any .

7. The MTOP shall be valid for a period of one (1) year from the date of its approval
and renewable for the same period.

8. O~erat?rs shall employ only non-delinquent drivers duly licensed by th-3 LTO to
dnve tricycle for hire.

9. No tricy.c le for hire shall be allowed to carry more than three (3) passengers
and/or good than it is designed for.

10.AII drivers shall be required to observe proper dress code (Pants, t-shirt and
l
shoes)

11. Strict compliance with the Provisions of RA 4136 known as the Traffic Code of
the Philippines; as amended specifically those pertinent provisions which cover
the operations of motorized tricycles for hire shall be enforced.

12.AII existing provisional authority for MCH Service issued and approved by the
LTFRB shall remain valid until their expiry date, after which they will be required
to apply for a franchise at the Office of the Sanggunian.

13. Road worthiness of the motorized tricycle for hire shall be determtned by a duly
authorized representative of the Special Committee I and upan his
recommendation shall be a basis for the cancellation of the MTOP. lr,spection
and stenciling of the chassis of the motor vehicle, shall be done at the Office of
the Sanguniang Bayan
14. Operators shall require their drivers to hang approved franchised Certification ~f
Registration (C.R.) back to back with Official Receipt (O.R.) and Mayors Permit
at the front part of the sideGc3r.

Section 72. Penal Provisions.


. The Sangguniang Bayan upon a verified compMlaTin tpand after dfueth nei~i~e ~nd
1 hearing shall impose fines and/or cancel the 0 on any o e 10 owing
grounds:
a) Violations of the terms and conditions of the franchise and of this ordinance.

b) Violation of traffic rules as embodied in the Traffic and Order Code;

c) Knowingly consentin or the use of tricycle-for-hire for any illegal purpose by


the operator or drive ;

l
20

s .1a_ ,...,,@&_LLQJ.L! _1'!


e
d Any similar cases or grounds that are detrimental to the convenience of the
riding public;

The imposition of the penalty of suspension or cancellation of the MTOP shall be


determined by the Sangguniang Bay an taking into consideration the seri,)usness
of the violation based on the sworn statemenUtestimonies of the complair t.

3. A fine of One Thousand Pesos (P1 ,000.00) but not exceeding Two Thousand
Five Hundred Pesos (P2,500.00) shall be imposed by the Sanggunian!J Bayan
for violation of any provisions of this ordinance, in lieu of susper sion or
cancellation of the MTOP, or in addition thereto. This is without p1ejudice,
however, to whatever criminal or civil suit the offended party may institute against
the erring operator/driver.

4. The Special Committee shall hear and decide cases concerning the sus1 >ension,
cancellation or the imposition of fine against erring operators/drive rs. The
decision of the committee shall be reported to the Sangguniang Bayan 3n bane
and shall become final and executory if concurred by a majority of the rr.embers
present constituting a quorum.

5. Willful disregard of a suspension order to operate issued by the Sang Juniang


Bayan as a penalty after due hearing shall automatically cancel the MTOP

6. Tricycle which are not for hire shall not covered by this ordinance. However,
owner of the same are required to register it at the office of the Sang Juniang
Bayan for the issuance of its body number for not for-hire tricycles. Ownor of not
for hire tricycles shall display a "Not for Hire" placard in front of the tricycle).

Chapter V. Health and Sanitation


Article A. Medical Examination Requirements

Section 73. Food Vendors/Handlers Medical Examination. All owners, seller:.;, cooks
and food handlers of business establishment are ordered to undergo a yearly medical
examination and are required to secure Medical Certificate from the Municipa Health
Officer to determine whether they are.free from communicable diseases.

Section 74. Employees Medical Examination. All employees and workers cf public
and private offices and business establishments are ordered to undergo c' yearly
medical examination and are required to secure a medical certificate from the Municipal
health officer to determine their physical fitness and health conditions.

Section 75. Students Physical Examinations. All administrators of public anc private
schools are ordered to require. all enrolling students to secure certificate of 1>hysical
examinations to determine whether said student is physically fit, fre 3 from
communicable diseases and drug addiction.

Article B. .Family Planning and Marriage Solemnization

Section 76. Requirements for Application for Marriage License. All applic.:1nts for
marriage are required to attend a family planning seminar before the issuan :e of a
marriage license to be cond ted by the office of the Municipal Social Welfare Officer
and/or Municipal Health Offi r.

l
21
Section 77. Schedule of Family Planning Seminar. The family planning seminar is
scheduled every Tuesday. Concerned offic_es s~all issue t_h~ir certificate of att,.mdance
after paying the corresponding fees as provided 1n the Municipal Revenue Code

Section 78. Submission of documents after Solemniza~i~n of Mar~ag~. All officials


of the government, priest, minister, pastor or leaders of rehg1o~s organization~ who are
authorized to solemnize marriage under the laws of the Republic of the Ph1l1pp1r1~s shall
submit to the Local Civil Registrar, all documents pertaining to marriage solem; 11zed by
them on the last working days of every month.

Section 79. Penalty. All violations of the preceding sections shall be penalize~ with a
fine of not less than Five Hundred Pesos (P500.00) and/or imprisonment oft~ 1rty (30)
days at the discretion of the Court.

Article C. Sanitary Measures

Section 80. Operation of Eateries and Refreshment Parlors. All own.-3rs and
operators of eateries and refreshment parlors, restaurant, carinderia, bakeries a,1d other
eating places are required to keep their establishment including their premise;s in the
most sanitary conditions, provided with adequate garbage disposal, food cabi.1ets are
properly covered or screened to protect the food from dust, flies, rodents, coci< roaches
and other germ carrying insects.

Section 81. Sterilization of Eating Utensils. All owners and operators of 1:Jateries,
carinderia and other refreshment parlors are required to sterilize with boiling water, all
eating utensils before us~ of customers.

Section 82. Anti-littering. No person shall litter or throw garbage, rubbish, filth or other
waste materials in public places such as roads, canals, eateries, parks, ntreams,
irrigation canals, and rivers. All trash and waste shall be disposed properly in trash
cans, boxes or plastic bags.

Section 83. Cleanliness of Premises.

a. All households are required to keep their premises including roads adjoin:ng their
houses clean and sanitary.

b. Owners of idle lots are required to keep their idle lots clean to protect thum from
becoming breeding places of mosquitoes, flies, mice, rats and other sea ,angers
which are detrimental to public health and safety. In case of failure or irn ability to
comply with this provision, the Municipal Government shall undertake the 1.:leaning
at the expense of the owners.

Section 84. Disposal of Waste of Barber Shop and Beauty Parlors. All owr ers and
operators of barber shops and beauty parlors are required to dispose of the:r waste
properly in trash cans.

Secti~n 85. Colle~tion and Disposal of Ga~age. All households, owners or operators
of business est~bhshments are ordered to d1~~ose of their garbage in plastic bags or
sacks properly tied to be collected by the Municipal Garbage Collector in the dee ignated
place and schedule.

-=~=..:.-=:...:.:.:...::=:.::::..::s...:.:.!....~~~.:::la~c~e:::!s::..,Spitting, vomiting in public places is strictly


u oundings:

22
..,
&ction 87. P-e 11-alty. Al \ at s - ( e rc:ceo: ::
f n t less than Fi e Hu dred Pesos P :
r both fine and imprisonment at ma ,.: &::ration

Article 0. Astray Animals

Section sa. Letting Loose Oonwstic Animals and Pets.


animals and pats ii e carabao. \ goats, dogs. pigs. shee . an are ,
let loose their animals in and outside the town proper.

Section 89. Providing for Cages, Chains and MUZDe. Alf owners are rac red to
provide cage. chain, and muzzle for their dogs to prevent them from ca sing jamage
and ham, to the residents of the community.

Section 90. Impounding of Astrays Animals Pets. All astray animals and pet; caught
by law enforcers shall be impounded. Owners are given ft e 5) days to rede *11 their
animals or pets after paying the corresponding poundage fees with the ~;unicipal
Treasurer as provided in the Revised Revenue Code. In case nobody clc ims the
impounded animals within five (5) days, the Municipal Treasurer shall dispos~ of the
impounded animals through auction sale. Proceeds of the sale shall accru ? to the
coffers of the municipality.

Section 91. Penalty. All violations of the preceding sections shall be penalizej with a
fine of not less than Five Hundred (P 500.00) nor more than One ThouScnd Five
Hundred Pesos (P 1,500.00) or imprisonment of not less than thirty (30) days but not
more than six (6) months or both fine and imprisonment at the discretion of the C:ourt.

Article E. Establishment of Poultry and Piggery

Section 92. Distance Requirements. All owners and operators intending to construct
medium and large scale poultry and piggery projects are ordered to constn.Jct their
projects not less than one (1) kilometer radius from residential areas, schools clinics,
hospitals and other private or public institution.

Section 93. Existing Poultry and Piggery Projects. Backyard animal raisin~1 should
be allowed, for piggery 2-4 heads and for poultry 20 heads or less; provided that there is
no compliant from the neighborhood..

Section 94. Penalty. Any violations of the provisions of this Article shall be pmalized
with a fine of not less than Five Hundred (P 500.00} but not more than One Thousand
Five Hundred Pesos (P 1,500.00) or imprisonment of not less than thirty (30) days but
not more than six (6) months or both fine and imprisonment at the discretio 1 of the
Court.

Chapter VI. Public Safety

Article A. Peace, Order and Security

Section 95. Statement of Policy. The promotion and maintenance of peace, 01 der and
security shall be the joined responsibility of government and the citizenry. Every citizen
shall be a stockholder in building a society that is free from fear, harassm:3nt and
exploitation.

twl'linnsition of the Munici al Peace and rder C:ouncil.


lie Act 7160 and Executive Order 309 as anended,

23


the Municipal Peace and Order Council shall be strengthened and shall be com1 >osed of
the following:

Chairman. . Municipal Mayor


Vice Chairman . . Municipal Vice Mayor
Members:
Chairman, Committee on Peace and Order, Sangguniang Bayan
Municipal DILG Officer
Philippine National Police
District Supervisor, DECS
Municipal Social Welfare and Development Officer
Municipal Health Officer
Liga ng mga Barangay (ABC) President
Veterans Sector Representative
Three (3) representative of the private sector (NGO/PO) to be appointed
by the Municipal Mayor to represent
_____ sectors

Section 97. Duties and Functions. The Chairman of the Municipal Peace ar.d Order
Council shall be responsible for the proper management and supervision of thE, civilian
volunteer organizations in coordination with other appropriate government entit,es. The
council shall have the following duties and functions:

a. Formulate plans and recommend such measures as will imp ove or


enhance peace and order and public safety;

b. Monitor the implementation of peace and order programs and projE;cts and
operation of other counter-insurgency programs and activities;

c. Make periodic assessment of the prevailing peace and order situa,ion and
submit a report thereon with recommendations to the Chairmar, of the
National Peace and Order CouncH; and

d. Receive complaints against government personnel, civilian or military and


endorse the same to the agency concerned and demand/comp el such
agency to submit reports of action taken thereof.

Section 98. Meeting. The Council shall meet once every three (3) months at a place
and time to be designated by the Chairman.

Section 99. Municipal Peace and Order Council Secretariat. A Municipal Pe 3Ce and
Order Council Secretariat shall be composed of the most senior DILG officer assigned
in the municipality as Chairman and two (2) members from the regular staff of th :1 Office
ofthe Council Chairman.

Section 100. Duties and Functions. The Municipal Peace and Order Council
Secretariat shall handle the administrative and technic;al activities of the Municipal
Peace and Order Council. Sp ci I lly, the Secretariat shall:

a. rogr ms for the consideration of the Council;

~
\. 24
"
b. Supervise, direct and monitor for the Council implementation of approved
policies plans and programs ;

c. Undertake liasoning and coordination of activities with appropriate i gencies


of the government ; and

d. Provide a form for inter-disciplinary dialogue and deliberation of majc r issues


and problems affecting peace and order.

Section 101 . Maintenance of Peace and Order. The prevention of lawll ,ssness,
disorder . riot, violence, rebellion or sedition shall be done by addressing he root
causes. The social remedy shall be in addition to the normal police preventive rr ethod.

Section 102. Prohibition of Inimical Activities. No person shall operate, ma ntain or


finance a house of ill repute, gambling other prohibited games of chance, dn 19 dens,
printing and distribution or exhibition of obscene materials for publications a 1d such
other activities inimical to the welfare of the inhabitants of the municipality.

Section 103. Penalty. Any violations of the immediately preceding section shall be
penalized with a fine of not less than Five Hundred Pesos (PS00.00) but not m,)re than
One Thousand Five Hundred Pesos (P 1,500.00) or imprisonment of not less than thirty
(30) days but not more than six (6) months or both fine and imprisonment at the
discretion of the Court.

Article 8. Public Order

Section 104. Enforcement of Ordinances. It shall be the duty of the P11ilippine


i
National Police (PNP) and of all persons lawfully equipped with arrest autl1ority to
enforce all ordinances and to arrest all persons violating the same.

Section 105. Police Aide. The Municipal Mayor is empowered to appoint with the
consent of the Sangguniang Bayan such police or aide to serve as in judgment, jeemed
necessary from time to time.

Section 106. Deposit of Firearm or Deadly Weapon. All persons carrying an)1 firearm
or deadly weapon, before entering a public office, shall deposit the same Nith the
1

Security Personnel on duty who shall issue a receipt of deposit. The Security pE ,rsonnel
may also cause the search of any person within any office covered by his assigr ment or
any concealed firearm or deadly weapon. Designation of the Philippine Nationc 11 Police
may also be made to effect and enforce the provisions hereof.

Section 107. Resisting Officer. No person shall resist any member of the Pl1ilippine
National Police in the discharge of his duties, or in any way interfere, hinder or prevent
him from discharging his duty or to assist any person to escape or attempt to escape
from any person in custody.

Section 108. Impersonating Officer. No person shall impersonate, or falsely re.present


any member of the Philippine National Police or maliciously and with intent to deceive,
use or initiate any of the insignia, signals or both devices adopted by the Pl lilippine
National Police or any service command of the Armed Forces of the Philippines, wear in
public uniform or insignia adopted for use of the Philippine National Police 01 Armed
Forces of the Philippines.
., ~ -


Commander, who shall be responsible for the same. Such property may be ret Jrned to
the owner by order of the Court having jurisdiction, or in the discretion of the Station
Commander under receipt, when not further required as evidence in any case . If such
property is not returned to, or claimed by the same person entitled to receive tl1e same
within three (3) months, it shall be sold by public auction after due notice. T,1is shall
apply to money, table instrument, device or other things used, kept or maintained for the
purpose of gambling, all of which shall be seized and confiscated and the di:;position
shall be in accordance with law.

Section 110. Destroying Public Properties. No person shall destroy, mutila.e or cut
any ornamental plant or parts thereof growing in or along any road, public park, garden,
playground, athletic signboards or any property installed or constructed in a.1y park,
playground, road, garden or plaza without permit from the Municipal Mayor.

Section 111. Damaging or Removing Signboards. No person shall destroy, damage,


unlawfully remove any government public signboards, signs, notices and works painted
or placed on building, street, sidewalks, curbs, parks, plaza and public road rigt t of way
or public lands.

Section 112. Posting of Bills. No person shall post, paint, stamp or affix any bill,
poster, placard, notice or sign upon any telegraph, telegraph, telephone, electric poles,
waiting sheds, markers and walls along thoroughfares without permit from the tvlunicipal
Mayor. The permit shall stipulate that within a period of time the permitee shall remove
the bill, poster or notice so posted at his expense and satisfaction of the tvlunicipal
Engineer.

Section 113. Suppression of Riots. No person shall aid, countenance or assist in


making riot, affray, disorder, disturbance in any public place; or utter slar 1derous,
threatening or abusive language or disturb or disquiet any congregation en,iaged in
lawful assembly.

Section 114. Prohibited Games. No person shall play or participate in any or fly kites
or indulge in any conduct in any public street or place , that annoy persor,s, pose
danger to lives and limbs or frighten animals passing or being transported in suc.h public
streets or upon adjacent premises.

Section 115. Deadly Weapons. No person shall carry outside his houSt 3 or its
immediate premises any firearms, bladed or sharp-pointed instruments such t3S bolo,
dagger, kris, spear, icepick, slingshot, blowgun, or other instrument which ma f cause
death or injury unless the same is used in connection with his occupation, bus.ness or
for lawful purposes.

Section 116. Exemptions. Exempted from the foregoing prohibition are person; whose
occupation require the use of firearms, bladed weapons or where such weapons as
provided in the preceding article are used for exhibition purposes on special ocxasions,
as part of a custom or ceremonial dress.

Section 117. Rallies and Demonstrations.

a. Regulation. No person or group shall hold any rally or demonstration without first
securing the necessary permit from the Municipal Mayor.

b. Requirements. The application for a permit to hold a rally or demonstration


should indicate the n e and address of the head of the organization and the
sed to ta and end.

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c. Denial of P rm1t Th p rm t m y b dtm ,e 1f uch r lly or m n tr 110 1,
cl ar d nger to publtc safet and order

Artkle C. Public Safety on Fire Hazards

Section 118. Fire Escapes. All buildings to oe constructed or erected 1n the 1, sin s
section of this municipality when enclosed whether partially or holly 1ih fire all
protection, shall be provided w ith proper and adequate means of doors ar 1d other
escapes as per plan to be presented to and ap proved by the Muncipal San g r ,an

Section 119. Firewalls, No building shall be constructed within two (2) meiers ,om the
adjacent lot line, unless a concrete firew all approved by the Municipal En~ ,near 1
constructed between the building and the ad101n1ng property and w,ndo " o : 1n ,n
the walls shall be provided. No building already construe ed or existing b 'ore th
approval of this code shall rebuild or reconstruct except ,n accordance N1th th
of this artide.

Section 120. Fire Extinguisher. All owners of business establishments with a


capitalization of Two Hundred Thousand Pesos (P200.000.00) and more are required to
provide their establishments with fire extinguishers in such number to be deterr 11ned by
the chief of the Fire Department.

Section 121. Abatement of Fire Hazards. Fire hazards shall be abated imme c iately. If
the owner. administrator or occupant of building s, structures or fac11it1es do n )t abate
the same within the period which in the order, the occupancy permit shall be cc ncelled
A building or structure declared as fire trap or is causing clear and present d, inger to
adjoining establishments and habitations shall be declared a public nuisance.

Section 122. Administrative Provisions. In case of willful failure to car ect the
deficiency to abate the fire hazard as provided in the preceding sect,on. the violator
shall be punished by a fine of not less than One Thousand Pesos (P1 ,000.00) rot more
than Five Thousand Pesos (PS,000.00) or imprisonment of not less than one (1) month
nor more than six (6) months or both fine and imprisonment at the discret10 1 of the
court.

Section 123. Penalty. If any general or national law or regulation provides for a stiffer
penalty, then the violator shall be charged under such general law or nationc I law or
regulation. Provided, that in case of a corporation, firm, partnership or associa ion, the
fine and/or imprisonment shall be imposed upon its official responsible f )r such
violations. In case the guilty is an alien, in addition to the penalties prescribed, he shall
be deported; provided finally, that where the violation is attended by loss of fir,} and/or
damage to property, the violator shall persecuted under the applicable provisior s of the
Revised Penal Code.

Article D. Public Safety on Public Road

Section 124. Statement of Polic.y. The safety of the individual outside his home shall
be ensured by government through the enactment and implementation of publi: safety
measures.

Section 125. Explosives. No person shall keep or possess gun powder, dyr 1amites.
explosives and similar blasting materials without prior permission from api:ropriate
agency or the Philippine National Police.

ection 126. Inflammable


in any place of business or
be granted upon cl ran

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Notwithstanding the provisions of the preceding paragraph, all retail of kerosene and
petroleum, and all persons using kerosene or petroleum for cooking shall be ~ ,ermitted
to keep in stock at any time not more than two (2) cans of petroleum or kerosene and
five (5) gallons of denatured alcohol.

Section 127. Sale of gasoline and Inflammable Materials. No person ~ hall sell
gasoline and other inflammable materials along the street .during night time, in any
volume or container without the appropriate government permit thereof.

Section 128. Administrative Provisions. The Chief of the Fire Depar ment is
empowered to supervise and monitor the location and manner of storing inti, 1mmable
materials in the municipality for the enforcement of this provision. Any violation under
this Section shall be penalized with fine not less than One Thousand Pesos (P1 ,000.00)
nor more than Five Thousand Pesos (PS,000.00) or imprisonment of one (1) month nor
more than six (6) months or both fine and imprisonment at the discretion of the c;ourt.

Section 129. Speed Impediments on Public Roads. No person shall pl ace any
obstructions, obstacles or speed impediments on any street, alley, sidewalks and other
passageways in public markets and other public places.

Section 130. Use of Sidewalks. Street sidewalks, including those decl ~red for
pedestrian use shall not be used for the commerce of man.

Section 131. Passengers on Moving Vehicles. No driver shall allow passe1gers of


moving vehicles from hanging on sides, running boards, rear, overhanging l.,aggage
carrier and top load carrier of any vehicle under his control.

Section 132. Excavation on Public Places. No excavation or digging on ar y public


place shall be undertaken by any person or entity unless authorized by the I\ lunicipal
Mayor on municipal and barangay roads or other public places.

Section 133. Streamer Across Thoroughfares. Streamers across the thoro1 Jghfares
shall be authorized to be hanged fourteen ( 14) feet above the road and upon i.5suance
of the necessary Mayor's Permit.

Section 134. Hauling of Gravel and Sand and the Like. No person sh :111 drive
vehicles hauling or loaded with sand, gravel, hollow blocks, sawdust, rice bran, soil and
similar materials without the proper secured cover of their load to prevent the lc.,ad from
being blown out.

Section 135. Riding Bicycles. No child below ten (10) years old shall ride bicycles
alone on public roads, parks, plazas and .other public thoroughfares.

Section 136. Unauthorized Improvements on Public Places. No person shall


introduce any improvement on public roads, sidewalks and drainage canals without
clearance from the Municipal Mayor.

Section 137. Drying of Palay and other Cereals on Public Roads. No person shall
use municipal, provincial or national roads in drying palay and similar cereals.

Section 138. Skating on Public Roads. No person shall use roller blades or sl :ates on
public roads.

S~ction 139. Construction . terials in Public Places. No person shall dump,


dislodge_. or place any canst ct1on materials on any portion of the road or publii': places

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Section 140. Abandonment of Vehicles on Public Roads. No person shall leave or
abandon his vehicle which is not under emergency repair on any public road.

Section 141. Stalled Vehicles on Public Roads. Stalled vehicles on public rcads due
to engine trouble or blow out of tires shall be pushed to the shoulder to allow free flow of
traffi .

Section 142. Stoning of Moving Vehicles. No person shall throw stones or 1: ny other
hard object at moving vehicles.

Section 143. Playing on Public streets. No person shall use any portion of U1e public
roads or any kind of games unless authorized by the Municipal Mayor on municipal and
barangay roads.

Section 144. Destruction of Public Lighting Svstem. No person shall intentionally


and maliciously destroy any part of the public lighting system irrespective of whether
this was installed by private or public entities.

Section 145. Wearing of Helmets. All drivers shall wear helmets while driving
motorcycles and other two-wheeled motor vehicles. Exempted from this prov1sion are
drivers while driving tricycles and drivers of bicycles and pedicabs.

Section 146. use of Safety Seatbelts. All drivers of motor vehicles from to Jr-wheel
vehicles and above shall use safety belts while driving their vehicles.

Section 147. Penalty. Any person violating the provisions of this article 5hall be
punished by a fine of not less than Five Hundred Pesos (PS00.00) nor more tllan One
Thousand Five Hundred Pesos (P1 ,500.00) or both fine and imprisonment at t11e direct
discretion of the court.

Article E. Public Safety in the Conduct and Observance


of Local Celebrations

Section 148. Title of the Ordinance. This ordinance shall be known and referred to as
Ordinance in Public Safety in the Conduct and Observance of Local Celebratie,ns such
as festivals, fairs, carnivals, parades, processions and similar assemblies.

Section 149. Relation to Prior Ordinances. The provisions of this ordinance which
may be substantially the same or similar to the existing ordinance relating to ti ,e same
subject matter shall be construed as a restatement and not as new enactment , unless
other wise explicitly so stated, modified or repealed.

Section 150. Scope of Applications. For purposes of public guidance, orderliress and
to enhance the protection and preservations of lives and properties of the in~ abitants
during local celebrations such as festivals, fiestas, fairs, carnivals, parades,
processions, and similar assemblies, the following rules_ and regulations an.:t safety
precautionary measures hereunder enumerated are prescribed.

Section 151. Requirements for the Issuance of Mavors Permit. Any in:tividual,
group or heads or officers of any association or orgahization or institution or a{ 1ency or
entity intending to conduct or hold any local celebrations as mentioned above, s,hall first
file a corresponding written application for a .mayor's permit in three (3) copies lOQether
with or accompanied by a det e action plan for the celebration also three (3) copies to
the Office of the Municipal M yor at least fifteen (15) days before the actL1al co.1duct of

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Section 152. The Detailed Action Plan shall be duly signed by the c, ,ncerned
individual or group of individuals or by the head/officers of the association, orgc.nization,
institution, agency, entity organizing, managing, and conducting the activity for 1>urposes
of information, evaluation, and appropriate action of the Office of the Mayor.

Section 153. Name and Kind of Local Celebrations. The detailed action i: Ian shall
contain important and relevant information/data such as but not limited to the fo lowing:

1 . Name and kind of local celebration

2. Purpose or purposes of the celebration and the expected m mber of


people to attend/participate in the celebration
3. Name(s) and address(es) of individual or officers of the
association/organization managing and conducting the local celeb ation

4. Date(s) and duration of the affair

5. Place(s) or venue(s) of the celebration or in case of par~des, processions,


rallies and the like, the route(s) from starting place to place of destination
including traffic control and management shall be specifically indicated in
the action plan.

6. Peace and Order maintenance plan during and after the conducl of local
celebration including the details of the use of crowd control, perso-1nel and
marshals.

7. Plans and cost estimates of temporary structures to be used

8. Types of motorized vehicles and other transport crafts to be usEid in the


celebration

9. Placement of streamers, buntings and other materials to be ins1alled on


alleys, roadways, parks, plazas and stages, platforms, towers, )agodas
and floats

10. Placement of temporary/makeshifts eating places and carinderias

11. Provisions latrines/portable restrooms including garbage and trash


receptacles on strategic places in the locality.

12. Number of PNP to serve as lookouts for criminal elements and to maintain
peace and order during the duration of the local celebration.

Section 154 The Mayor's Permit shall be issued only upon compliance w.th such
requirements and upon payment of One Hundred Pesos (P 100.00) for the
corresponding fees and other impositions required by existing Municipal Reven1Je Code
and other municipal ordinance.

Section 155 The Mayor's Permit shall be refused or not issued to the , 1pplicant
individual group and organization whose proposed undertaking(s) or activity/activities
could not conform with the safety, peace and order, health and other requirer nents of
the municipal government.

Section 156 Any false statement deliberately made by the applicant individual, !Jroup or
gro.u ps of individuals or office of the organization shall constitute sufficient group for
denying or revoki g the pe mit i sued by the Municipal Mayor, and the c,pplicant

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individual or group of individuals or officers of the organization may fc rther be
prosecuted in accordance with existing laws and ordinances.

Section 157 Upon approval of the application for the Mayor's Permit, two (2) ,x,pies of
the application duly signed by the Municipal Mayor shall be returned to the ap ,licant(s)
one (1) copy shall be presented to the Municipal Treasurer as basis for the payment of
the permit fee and other corresponding taxes.

Section 158 The Mayor's Permit shall be issued by the Municipal Ma}or upon
presentation of the receipt for the payment of the Mayor's Permit and otter taxes
imposed by the municipal government.

Section 159 The Municipal Mayor shall upon presentation of satisfactory proo ' that the
original copy of the permit has been lost, stolen or destroyed shall issue a du1 >licate of
the permit upon payment of Fifty Pesos (50.00).

Section 160The issuance of the Mayor's Permit shall not exempt the applicant, s) groop
and organization from the fulfillment of other requirements in the conduct of suc,1 activity .
as required under existing ordinances and applicants laws.

Section 161The handling and use of fire crackers and pyrotechnic devi:::es with
explosive content of more than one third (1/3) teaspoon of "Super Lolo" c1nd their
equivalent during public meetings, rallies, festivals, fiestas, fairs, carnivals, ,:>arades,
processions and similar assemblies is strictly prohibited.

Section 162 Only the following types of fire crackers and pyrotechnic devices such as
Baby Rocket, Bawang, Small Triangulo, Lebentador, Watusi, Judas Belt, SkJ rocket,
Luces, Fountain, sparklers, Roman Candle, Air Wolf, Trompilo, Butterfly, whistl .3 Device
and all other kinds of pyrotechnic devices shall be allowed to be used during th :t above-
mentioned local celebrations.

Section 163 Only the person or persons duly designated and authorizec1 by the
individual or group of individuals or officer of the association/organization conducting
and managing the activity or local celebration, shall be allowed to handle, set-1Jp, light-
up, and explode the legally allowed fire crackers and pyrotechnic devices during the
conduct and duration of the activity or celebration.

Section 164 Firecrackers and pyrotechnic devices shall be set up and explodej only in
designated places and in places away from the crowd.

Section 165 The concerned individual or group of individuals or the officers of the
organization conducting and managing the local celebrations together with tht I person
or persons they had authorized to handle and explode fire crackers and othe,r similar
pyrotechnic devices shall be liable to pay or compensate any physical injury or any
damage on the property of other person or persons as the appropriate Court may so
impose.

Section 166 Fire trucks and other fire-fighting equipment including local Pc.ramedic
Teams shall be placed on full alert status during the duration of the local ceh,bration.
The local PNP Station Commander shall institute all necessary action to implen,ent and
supervise these undertakings.

Section 167 The Municipal H alth fficer shall determine and properly desig.1ate the
places where medical station and first aid teams shall be located during t:,e local
celebrations. \

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Section 168 The Municipal Health Officer shall be responsible for the fieldin!J of First
Aid Teams/Personnel who are acknowledgeable and experienced in the appli::ation of
cardio pulmonary resuscitation (CPR) and similar techniques, including the af ,plication
of first aid to take care of fracture wounds.

Section 169. The Municipal Health Officer shall also ensure that municipal an 1bulance
and other medical vehicle to transport accident victims from accident site to designated
medical stations, health clinics, centers or nearest hospitals are stationed in strategic
places close to the site of local celebrations.

Section 170. All carinderias, makeshifts and temporary eating places, selling or
catering food and drinks to the people during local celebrations shall be regularly
visited/inspected by the Municipal Sanitary Inspector to ensure strict complian,.:e of the
health and sanitary regulations and other requirements prescribed and enforc1 ~d within
the municipality.

Section 171. Upon recommendation of the Municipal Sanitary Inspector, the ~ 1unicipal
Health Officer of the Municipality shall immediately institute appropriate action and
effect the closure of such eating places found violating existing health and sanitary
regulations and other requirements of the municipality.

Section 172. Any individual or group of individuals or officers of an organization shall


organize and assign their respective crowd control personnel or marshal:; whose
principal duties and responsibilities are to prevent incidence of panic and st, impedes
and to maintain peace and order during conduct and duration of the affair or local
I
celebration.

Section 173. The Municipal Mayor shall direct the local PNP Station Commander to
assign sufficient number of policeman to provide and assist crowd control perSionnel or
marshals maintain peace and order, arrest pickpockets, drug pushers/users or
swindlers and other criminal elements during the duration of the affair or local
celebration.

Section 174. The Municipal Mayor. In addition to the duties and resporisibilities
mentioned in the preceding sections, the Municipal Mayor shall perform the :-allowing
primary duties and responsibilities:

1. Ensure that the provisions of this Public Safety ordinance are e~fectively
disseminated and implemented by all concerned.

2. Review the detailed action plan submitted by organizer(s) of local


celebrations and similar assemblies.

3. Coordinate the activitie~ of all sectors involved in the ~Aanning,


preparation and conduct of local celebration and similar assemblies.

4. Cause the repair of potholes, diggings and other excavations a month


before the actual festivities.

5. Cause the installing of appropriate traffic signs and enforcement of


traffic ordinance during local celebra!ions and similar assemblie..,.

6. Direct the Municipal Engineer to receive/evaluate the des;gn and


construction of floats, platforms, towers and stage to ensure structural
soundnes$ and safety to passengers.

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7. Direct the Municipal Electrician to inspect and evaluate soun jness of
electrical installations and other makeshift connections for lighting,
sound system , floats, platforms, towers, street lights to ensur :i safety,
avoid incidence of electric shocks, electrocution and fires.

Section 175. The Police Station Commander. In addition to the dutios and
responsibilities mentioned in the preceding sections, the Police Station Corimander
shall perform the following primary duties and responsibilities.

1. Maintain peace and order in the locality.

2. Provide protection and ensure safety of all persons from criminal elen 1ents.

3. Monitor movements of people and deploy police officers where festi\ ities and
similar assemblies are being held.

4. Oversee the smooth flow of traffic of people and vehicles.

5. Provide other emergency safety measures to cope with any eventuality during
local celebrations or similar assemblies.

6 . Require any individual and all head/leader of any group/organi;:ation to


secure corresponding Mayor's Permit prior to the installation or plac :iment of
their streamers, buntings and other materials on any public alleys, streets and
roadways.

Section 176. The individual or group of individuals or officers of the organiz;1tion. In


addition to the duties and responsibilities mentioned in the preceding sect1ons, the
individual or group of individual or the officers of the organization shall per form the
following primary duties and responsibilities.

1. Ensure that the safety precautions as contained in the public safety ordin 3nce are
strictly observed in the planning, preparations and actual conduct of local
celebrations and other similar assemblies.

2. Designate marshals to maintain safety and orderliness during parades,


processions and similar activities.

3. Coordinate closely with the Municipal Mayor and the Police Station Cor ,mander
before and during 'local celebrations and similar assemblies.

4. Prepare a detailed action plan for the local celebration or similar asseml >lies and
submit the same to the Office of the Municipal Mayor, copy furnished tt ,e Police
Station Commander.

Section 177. Any person or persons found violating any of the rules and re ~ulations
herein enumerated or prescribed shall be punished by a fine not exceec ing Two
Thousand Five Hundred Pesos (P 2,500.00) or an imprisonment of not exceHding six
(6) months or both at the discretion of the Court.

Section 178. Separability Clause. If for any . person, any prov1s1on or s .:iction is
declared not valid by a Court of competent jurisdiction, such judgment shall not affect or
impair the remaining provision r sections or parts thereof which shall continUEt to be in
force and effect.

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Section 179. Repealing Clause. All ordinances , rules and regulations or par thereof,
in conflict or inconsistent with any provisions of this ordinances are hereby modified
accordingly.

Section 180. Effectivity. This ordinance shall take effect immediately .ipon its
approval.

Chapter VII. Traffic and Order

Article A. Title and Scope of Ordinance

Section 181. Title of Ordinance. This ordinance shall known as the "Traffic a1d Order
Code'.' of the Municipality of Dingras.

Section 182. Scope of Ordinance. The provision of this ordinance shall cc,ntrol the
operation of motor vehicles, animal drawn vehicles, tricycles and bicycles and the
conduct of pedestrians.

Article 8. Definition of Terms

Section 183. Words and Phrases defined as used in this ordinance:

a. Motor Vehicle - shall mean any vehicle propelled by any power other than muscular
power using the public highways and roads.

b. Driver - shall mean every and any licensed operator of motor vehicle.

c. Calesa - shall mean a horse-drawn vehicle.

d. Cochero - shall mean every and any licensed operator of a calesa.

e. Road Marking - shall mean any traffic control device marked on the surfc;ce of he
road or carriageway used to regulate traffic or to warn or guide road users. They are
used either alone in conjunction with other signs to emphasize or cluify their
meaning.

f. "Road" - shall mean the entire surface of any street open to traffic.

g. "Highway" - shall mean any public thoroughfares, public boulevard, aven Je, park,
alley and callejon, but shall not include roadway upon grounds owned b "/ private
persons, colleges, universities, or other similar institutions.

h. "Carriageways" - shall mean the part of the road normally used for vehicula1 traffics.

i. "Lane" - shall mean one of the longitudinal strips from which the carriagewc y can be
divided, whether or not defined by longitudinal road markings.

j. "Intersection" - shall mean a evel crossroad junction of fork, including oi: en areas
formed by such crossroad o fork.

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k. "Standing" - shall mean a vehicle which is stationary for the time needed tc , pick up
or set down persons or to load or unload goods.

I. "Parked" - shall mean a vehicle which is stationary for the period during v. hich the
vehicle is not limited to the time needed to pick up or set down persons or g )ads.

Article C. Administration of Code

Section 184. The enforcement of this code shall be the primary responsibili' y of the
Municipal Mayor and the Integrated National Police. The Peace and Order C )uncil of
this Municipality may recommend the following persons to help in the enforcv ment of
this code after training and deputation by the LTO:

1. All elected officials of the municipality

.
2. Members of the Peace and Order Council
3 . Barangay Officials
4. Barangay Tanods
5. Any citizen, of legal age, of the Philippines who resides in the municipality

b) Any violator of this code shall be apprehended by the persons authorized by this
code and brought to the Integrated National Police Headquarters for investigatic n:

1) If the (suspect) violator admits his violation or offense, he may pay the
correspond9ng fine immediately to the Revenue of the Municipal Tm asurer's
. Office upon issuance .of an offi~ials receipt and no case shall be filed in court
against the violator.

Except as otherwise provided in this code, no person shall operate any calesa
without first securing a permit from the Office of the Mayor and pay a corre~,ponding
fee at the Municipal Treasurer's Office to drive a calesa for the current year.

The license shall be carried by the driver or cochero at all times when oporating a
motor vehicle or calesa, respectively and shall be shown for cause a, 1d upon
demand to any person with authority under this code to enforce the same.

Article D. Passengers

Section 185. a) Exceeding registered capacity - No person operating anr vehicle


shall allow.more passengers in his vehicle than its registered carrying capacity.

b) Carrying of passengers on top of vehicles - No person operating any veh 1cle shall
allow any passenger to ride on the cover or top of such vehicle.

c) Riding or Running Boards - no person operating a motor vehicle shall permit any
person to ride on the running board, stop board, mudguard, fender or bumper of
his vehicle for any purpose.

Article E. Accessories of Motor Vehicles

Section 186. a) Headlights - Every motor vehicle of more t~an one meter of
projected width, while in us any public highway shall bear two (2) headlights,
one on each side, with whit or yellow light visible from the front, which not l~:1ter than

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one half after sunset and until at least one half hour before sunrise and v. henever
conditions so require, shall both be lighted.

b) Tail lights - Every motor vehicle and trailer shall, during the above-m mtioned
hours, also bear on each side in the rear of the vehicle and a lamp th1owing a
white light upon the plate number issued for such vehicle.

c) Stop lights - Every motor vehicle shall be equipped at the rear with at 1, ,ast one
lamp which shall show a sustained bright red light visible under all conditions,
even under bright sunlight, when the brake are applied. Each bus, truck;, trailer,
or similar vehicle shall be equipped, as its stop light at or near its rear counter,
with a lamp at least twelve ( 12) centimeters in diameter with the wo1 d "stop"
inscribed in the center.

d) Motorcycles and other vehicle lights - Every motor vehicle of less thar one (1)
meter of projected width small be subject to the preceding provision ; of this
section, except that, one headlight and one tail light shall be required.

Additional lamps may be carried provided they comply with the preceding p1 ovisions
of this section.
All vehicle of whatever style, kind, make, character, or nature, when upon a
highways during the hour above-mentioned, whether in motion or not, sh 311 be at
least five (5) meters from the front and rear of such vehicle.

e) Lights and reflectors when parked or disabled - Appropriate parking lights or


flares visible or any early warning device, one hundred (100) meters av ay shall
be displayed at a corner or in a place that are well-lighted or is placed i11 such a
manner as to endanger passing traffic.

f) Mufflers - every motor vehicle propelled by an internal combustion eng.ne shall


be equipped with a muffler, and whenever said motor vehicle passes tt ,rough a
street of a municipality, or thickly populated district or barrio, the muffler must not
be cut out or disconnected. No motor vehicle shall be operated in such a manner
as to cause it to omit or make any unnecessary or disagreeable odor, s make or
noi~e.

Chapter VIII. Traffic Rules


Article A. Speed Limit and Keeping to the Right

Section 187. Restriction as to Speed

a) Any person driving a motor vehicle on a highway shall drive the same at cI careful
and prudent speed, not greater nor less than is reasonable and proper, ha ring due
regard for the traffic, the width of the highway shall drive any motor vehicle _u pon a
highway at such a speed as to endanger the life, limb and property of any person,
nor at a speed greater than will permit him to bring the vehicle to a stop within the
assured clear distance ahead.

b) Subjectto the provisions of the preceding paragraph, the rate of speed of a, 1y motor
vehicle shall not exceed the following:

Maximum Allowable Speed assenger Jeeps, Motorcycles & Tricycles, Trucks &
Buses

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1. An open co1m try ro:.id. wilt, nn "IJllr1d cor1,m l" not ,,I 11iy b<)fd ,r,,d r,y
habitations.
(J( I II ta11 r t lr )uf

2. On "through stre t 5" , clo '-Jr of treiffic with no ''bll d r.; _rnnr " whon r 1 <;Jn I notnd.
"Okrn. p,1r ti lJr'

3_ On municipal streets, whEm not doui JmJtod "t~1rou 1h tr uot ".

20km. p r hour

4. Through crowded streets, appro chin intorneclion at "blind corn r ", P rng
school zones, passing the v hlcles which ar i;tationary or fer 'lmilor d ,ng rous
circumstances.

20km. per hour

c) The rates of speed herein above prescribed shall not apply to the following:

1. A physician or his tjriver when the former responds to emergency calls.

2. The driver of a hospital ambulance on the way to and from the place of accident
or other emergency.

3. Any driver bringing a wounded or sick person for emergency treatm :mt to a
hospital, clinic, or any other similar place.

4. The driver of a motor vehicle belonging to the Armed Forces while ir use for
officials purposes in times of riot, insurrection or invasion.

5. The driver of a vehicle, when he or his passengers are in pursuit of a crin 1inal.

6 . A law-enforcement officer who is trying to overtake a violator of traffic lav. s; and

7. The driver officially operating a motor vehicle of any fire department, xovided
that exemption shall not be construed to allow unnecessary fast driving c,f drivers
aforementioned.

Section 188. Driving on Right Side of Highway. Unless a different course of action is
required in the safety and security of life, person or property, or beca.Jse of
unreasonable difficulty of operation in compliance herewith, every person opt,rating a
motor vehicle or an animal-drawn vehicles coming toward him and to the left in going
from the highway to another, every vehicle shall be conducted to the right of the corner
of the intersection of the highway.

Article 8. Overtaking and Passing a Vehicle and Turning of Intersections

Section 189. Overtaking a Vehicle. The driver of a vehicle overtaking anothe vehicle
proceeding in the same direction shall pass at a safe distance to the left ther 30f, and
shall not again drive to the right side of the highway until safely clear of such 011ertaken
vehicle. Nothing in this section shall be construed to prohibit a driver overtal :ing and
passing upon the right of another vehicle which is making or about to make a lef t turn.

Section 190. Driver to give w -to overtaking vehicle. The driver of ar1y motor
vehicle about to be overtaken an passed by another vehicle approaching from the rear
shall give way to the overtaking vehicle on suitable signal being ,given by the .jriver of

the overtaking vehicle, and shall not increase the speed of his vehicle until ccmpletely
passed by the overtaking vehicle.

Section 191. Restriction on Overtaking and Passing.

a) The driver of a vehicle shall not drive to the left side of the center line of a hitJhway in
overtaking or passing another vehicle, proceeding in the same direction, uni, 3ss such
left side in clearly visible, and is free of incoming traffic for a sufficient distance
ahead to permit such overtaking or passing to be made safely.

b) The driver of a vehicle shall not overtake or pass another vehicle proceeding the
same direction, when approaching in the crest of a grade, nor upon a cur 1e in the
highway is obstructed within a distance of five hundred (500) feet ahead.

c) The driver of a vehicle shall not overtake or pass any other vehicle proceedi 19 in the
same direction of any intersection of highways unless permitted to do so by a
watchman or a peace officer. Nothing in this section shall be construed to ~ rohibit a
driver overtaking or passing upon the right, another vehicle which is making or about
to make a left turn.

d) The driver of a vehicle shall not overtake or, or attempt to pass, any other ,ehicles,
proceeding in the same direction, between any points indicated by the p acing of
official temporary warning or caution signs indicating that men are workin ~ on the
road.

Article C. Right of Way and Signals

Section 192. Right of Way. a. When two vehicles approach or enter an intersE ,ction at
approximately the same time, the driver of the vehicle on the left shall yield at the right
of way of the vehicle on the right, except as otherwise hereinafter provided. Tl le driver
of any vehicle traveling at an unlawful speed forfeit any right of way which I 1e might
otherwise have hereunder.

b) The driver of a vehicle approaching but not having entered an inte section,
shall yield the right of way to a vehicle within such intersection or turning there in to the
left across the line of travel of such first mentioned vehicle, provided the driv, ~r of the
vehicle turning left has given a plainly visible signal of intention to turn.

c) The driver of any vehicle upon a highway within a business or residential


district shall yield the right of way to a pedestrian crossing such highway withir, a cross
walk, except at intersection where the movement of traffic is being regulated t y peace
officer. Every pedestrian crossing a highway within a business or residential d strict, at
any point other than a crosswalk, shall yield the right to vehicles upon the highway.

d) The driver of a vehicle upon a highway shall bring to a full stop suet I vehicle
before traversing any "through highway" or railroad crossing: Provided, ti 1at it is
apparent that no hazard exists, the vehicle may be allowed down to five miles :>er hour
instead of bringing it to a full stop.

Section 193. Exemption to the Right-of-Way Rule

a) The driver of a vehicle entering a highway from a private road or dri ,er shall
yield the right way to all vehicles approaching on such highway.

b) The driver of a ve e upon a highway shall yield the right of way 'lo police
or fire departme t e icles and ambulance when such vehicles are

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operated on official business and the drivers thereof sounds audit le signal
of their appearance.

c) The driver of vehicle entering a "through highway" or a "stop inte section"


shall yield the right of way to all vehicles approaching in either din ,ction on
such "through highway", provided that nothing in this section shall :onstrue
as relieving the driver of any vehicle being operated on a "through 1,ighway"
from the duty driving with due regard for the safety of vehicles enter ing such
"through highway" nor as projecting the said driver from the cons ~quence
of an arbitrary exercise of such right-of-way.

Section 194. Signals on Starting, Stopping or Turning. The driver of an~ vehicle
upon a highway before starting, stopping or turning from a direct line, shall first see that
movement can be made in safety, and if any pedestrian may be affected by such
movement, shall give clearly audible signal by sounding the horn, and v. henever
operation of any other vehicle approaching or following my be affected ':JY such
movement; shall give a plainly visible signal.

b) The signal herein required shall be given by means of extending the t and and
arm beyond the left side of the vehicle, or by an approved mechanical or .Jlectrical
signal device.

Article D. Turning and Parking

Section 195. Turning at Intersection

a) The driver of a vehicle intending to run to the right at an intersect ion shall
approach such intersection in the lane for traffic nearest to the ri! 1ht hand
side of the highway and, in turning shall keep as close as possib e to the
right-hand of the highway

b) The driver of a vehicle intending to turn to the left shall approa.ch such
intersection in the lane for traffic to the right of the nearest to the cE.nter line
of the highway and in turning, shall pass to the left of the cenh :r of the
intersection, except, that upon highway lane for traffic and upon 0ne way
highways, left turn shall be made from the left lane of traffic in the jirection
in which the vehicle is proceeding.

c) For the purpose of this section, the center of intersection shall IT ean the
meeting of the medial lines of the highways intersecting one anothe . except
when it is occupied by a monument, plot or any permanent structwe, other
than a traffic control device.

Section 196. Parking is prohibited in Specific Places. No driver shall park a V3hicle or
permit it to stand, whether attended, upon a highway in any of the following plac :3s:

a. Within an intersection

b. On a crosswalk

c. Within six (6) meters of the intersection of curb lines along municipal
streets and ten (10) meters along national roads.

d. fire hydrants

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"
W lt11l11 to 111 (-I ) llh t , of ti 1e drlv w y ontrance to ny fire station

!. lntr nt of I pnv 1tt clrivaway

. On u, rOEH1w 1y ~llit of ny vehicle stopped or parked at the curb or


Ol'.IA ti of' 1110 hlgllW l y

11. At ony pl ct1 where offici L signs have been erected prohibiting p.irking

Article E. Mlscollaneous Traffic Rules

Section 197. Reckless Driving. No person shall operate a motor vehicle on any
highway reckless or without reasonable caution considering the width, traffic, grades,
crossing, curvatures, visibility and other conditions of the highway and the cone litions of
the atmosphere and weather or so as to endanger the property or the safety or rights of
any person or so as to cause excessive or unreasonable damage to the highwa /.

Section 198. Right of way for police and other emergency vehicles. Lpon the
approach of any police or fire department vehicle, or of an ambulance givinf audible
signal, the driver or every vehicle shall immediately drive the same to a position as near
as possible and parallel to the right hand edge of curb of the highway, clecr of any
intersection of highways and shall stop and remain in such position unless c therwise
directed by a peace officer, until such vehicle shall have passed.

Section 199. Tampering with Vehicles. No unauthorized person shall sound the horn,
handles the levers or set in motion or in any way tamper with damage or de ace any
motor vehicle.

Section 200. Hitching a Vehicle. No person shall hand on to, or ride on, the o Jtside or
the rear end of any vehicle and no person on a bicycle, roller stake or other similar
device, shall hold fast to or hitch on to any moving vehicle and no driver shall k1,owingly
permit any person to hand on to, or ride on, the outside or rear end of his V3hicle or
allow any person on a bicycle, roller skates or other similar device to hold fast or hitch
his vehicle.

Section 201. Driving or Parking .on Sidewalk. No person shall drive or park a motor
vehicle upon or along any sidewalk, path or alley r,ot intended for vehicular :raffic or
parking.

Section 202. Driving while urider the influence of liquor and narcotic drug. No
person shall drive a motor vehicle under the influence of liquor or narcotic drug.

Section 203. Obstruction of Traffic. No person shall drive his motor vehicle i11 such a
manner as to obstruct or impede the passage of any vehicle nor while dischc rging or
taking on passengers.

Section 204. Duty of Driver In Case of Accident. In event that' any accident should
occur as a result of the operation of a motor vehicle upon a highway, the dri',er shall
stop immediately, and if requested by any person present shall show his driver's
license, giving his true name and address and also the true name and addrets of the
. owner of the motor vehicle.

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No driver of a motor vehicle concerned in a vehicular accident shall I ~ave the
s?8ne of the accident without aiding the victim except under any of the 'ollowing
circumstances:

1 . If he is in imminent danger of being seriously harmed by any p 3 rson or


persons by reason of the accident.

2. If he reports the accident to the nearest officer of the law; or

3. If he has to summon physician or nurse to aid the victim.

Article F. Pedestrians

Sectio"! 205. ~en appropriate pedestrian lanes are provided, whether the zebra type
pedestrian crossing or the crosswalk, all person shall cross the road or highw 3y along
the pedestrian lanes.

Chapter IX.

Rules Regulating the Flow of Traffic during Regular Market Cays


Section 206. The route of traffic along the streets/roads within the public are, ,. During
market days which falls on every Wednesday, Friday and Sunday of every woek shall
be:

a. Peralta St. - east of the public market will be one way north bound t'rom the
national road to Castro St. and no parking is allowed on both sides of the road.

b. Castro St. - north of the public market will be .one way west bound from Peralta
St. to Magno St. and no parking is allowed on both sides from corner o' Peralta
St. to Magno St.

c. Magno St - will be a two-way street from Castro St. south bound to the national
road and from the National road north bound up to Castro St. No parkin~ on both
side corners of the national road and Castro St.

d. lnfront of the Public Market which is the National road eastbound and west
bound, no loading, unloading passengers or parking is allowed. East bound
vehicle are allowed to load and unload fifty (50) meters from the corner o ' Peralta
St. west bound are allowed to load fifty (50) meters from the corner of Magno St.

e. Tricycles and calesas bound on Route 2 going east (Guerrero, Lumbad, =oz) are
allowed to park, load and unload facing south on Peralta St. just at the si< le of the
RHU building and tum left on Castro St. for their destination.

f. Tricycle bound on Route 1 & 4 (Espiritu, Bacsil, Capasan, Suyo & Bungcag)
(Peralta, Puruganan, Madamba, Albano, Dancel) ~re going ~est_side of 1he RHU
bldg. Magno St. and tum right at Castro St. for their final destination.

g. Calesa bound for west can park, load and unload on the right side of Castro St.
facing east.

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h. Tricycle bound for Route 5 (Sulquiano, Saludares, Root and Cali) goi 19 south
can load and unload passengers on the corner of Peralta St. and natic nal road
right side facing in the north.

Any violation of the provision of this section shall subject the offender to a fine of
not less than Two Hundred Fifty Pesos (P250.00) for the first offense wherei, she/he
shall be brought by the apprehending officer to the Office of the Municipal Tree surer for
payment of said fine, Five Hundred Pesos (P500.00) for the second offensE ,. Seven
Hundred Fifty Pesos (P750.00) for the third offense and subsequent offeni :e or an
imprisonment of not less than ten (10) days or both fine and imprisonmer,t at the
discretion of the court. In case of insdlvency, the offender shall suffer s1,bsidiary
imprisonment at the rate of One Hundred Pesos (P100.00) per day.

Chapter X. Penalty and Other Provisions

Article I. Penalties for Violations

Section 207. Penalties for Violations. The following penalties shall be impose t

I. For any of the following offenses:

1. Operating/ or driving a motor vehicle recklessly or without reasonable caution;

2. Cutting in and out of the traffic lanes;

3. Cutting of corner of blind curve;

4. Making a "U" turn on the approach or on top of a bridge or in areas proh ibited by
no "U" turn signs;

5. Overtaking or passing on curves, at the intersection and approaches of bridges,


hills and along places where overtaking is prohibited;

6 . Coming out of side streets or driveways without precautions;

7 . Racing on roads or streets;

8. Failure to stop on entering a "thru stop street;

9. Failure to consider proper clearance when overtaking;

1o. Failure to observe right hand rule to yield the "Right of way" at highway
intersection;

11. Driving on the wrong side of the street;

12: Backing against the flow of traffic;

13. Turning from wrong lane;

14. Improper start from parked position;

15. Driving without lights during the hours prescribed by law;

16. Driving against the flow of


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17. Disregarding automatic signa!ing devices or lights or any traffic signals, signs, or
marking;

18. Speeding or fast driving

19. Disregarding "No left Turn" sign;

20. Disregarding "No Right Turn" sign;

21 . Allowing passengers in excess of the loading capacity of the vehicle:

First Offense Two Hundred Fifty Pesos (P250.00) finE. and/or


imprisonment of one ( 1) day

Second Offense Five Hundred Pesos (P500.00) fine and/or


imprisonment for not more than four (4) days

Third & subsequent offense Seven Hundred Fifty Pesos (P750.00) fino and/or
imprisonment of not more than ten (10) days Jpon the
discretion of the court.
II. For any of the following offenses:

1. Obstructing or impeding the free passage of other vehicles;


2. Loading or unloading passengers within a prohibited zone;
3. Soliciting passengers at the street corner;
4. Loading or unloading passengers in the middle of the road;
5. Loading or unloading at the intersection;
6. Failure to give right of way to police or other emergency vehicles;

First Offense Two Hundred Fifty Pesos (P250.00) fine and/or


imprisonment of one (1) day

Second Offense Five Hundred Pesos (PS00.00) fine and/or


imprisonment of two (2) days

Third Offense Seven Hundred Pesos (P?S0.00) fine and/or


imprisonment of not more than five (5) days

Fourth & subsequent offense One Thousand Pesos (P1 ,000.00) fine and/or
imprisonment of not more than ten (10) days.

Ill. For"any of the following offenses:

1. Driving a motor vehicle without horn or with horns making starting sound;

2. Driving a motor vehicle with open mufflers or making unnecessary noise;

3. Failure to display red flag or red light at the rear end of the load which extends
beyond the projected length of the vehicle;

4. Driving a motor vehicle emit g excessive smoke;

43
Iij,t (
V

5 Ori 1ng along the h1g rm,t. a o or I h 0 fl

1r s.

rs

7 On ,ng a motor eh,cie ,tho t improvised front or rear plate:

8. Operating an s vehide with t a co e rc1al or trade a me a1 d the c rds Not


for Hire painted on both side of the mo or eh1cle;

9 . Dnving a motor truc.k ithovt capaci ty ma ,ng pla inly marked on bo h sides of
motor vehicle;

10. Allowing passengers to nde on running board or hitch to e eh1 e :

First Offense Two Hundred Pesos (P200.00) fine and/or


imprisonme nt of one ( 1) day

Second Offense Three Hundred Pesos (P300.00) fine and/or


imprisonment of not more than two (2) days

Third Offense Five Hundred Fifty Pesos (PS00.00) finE and/or


imprisonment of not more than five (5) days

Fou1th & subsequent offense Seven Hundred Pesos (P?00.00) fine and/or
imprisonment of not more than ten ( 10) days.

IV. For any of the following offenses:

1. Driving a motor vehide w ithout proper headlights, tail lights, stop lights c nd plate
lights;

2 . Driving a motor vehicle with broken windshield or without wiper;

3. Driving a motor vehicle with red light forward or ahead or motor vehicle;

4 . Driving a motor vehicle without adequate or sufficient brakes, safety de vices or


accessories;

5 . Operating unsafe, unsightly or dilapidated motor vehicle;

6 . Driving with inappropriate driver's license

7. Failure to show or surrender driver's license

8 . Operating a motor vehicle loaded with soil, sand, gravel , stones, and the like
without canvass covering

First Offense - One Hundred Fifty Pesos (P150.00) fine and/or


imprisonment of one ( 1 ) day

Second Offense - Three Hundred Pesos (P300.00) fine and/or imprisor 1ment of
not more than two (2) days

Third Offense - Four Hundred Fifty Pesos (P450.00) fine and/or


impri onment of not more than five (5) days

44
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Fourth & subsequent offense - Seven Hundred Fifty Pesos (P750.00) fire and/or
imprisonment of not more than ten (10) days

11 . Driving a motor vehicle without horn or with horns making starting sound;

v. For any of the following offenses:


1. Driving with expired license Two Hundred Fifty Pesos (P250.00) fine
and/or imprisonment of not more than three (3) days

2. Driving without carrying one's driver's license Three Hundre, I Pesos


(P300.00) fine and/or imprisonment of not more than three (3) day;

3. Failure to sign driver's license Three Hundred Pesos (P300.00) fin3

4. Driving without first securing a driver's license Seven Hundred Fift / Pesos
(P750.00) fine and/or imprisonment of not more than ten (10) days.

5. Operating a vehicle with delinquent or suspended or invalid re~Jistration


Three Hundred Peso's (P300.00) fine and/or imprisonment of r,ot more
than five (5) days
6. Operating a vehicle equipped with unauthorized siren Three Hunc red Fifty
Pesos (P350.00) fine and/or imprisonment of not more than three (3) days

7. Driving while under the influence of liquor or narcotic drug Five ,-tundred
Pesos (PS00.00) fine and/or imprisonment of not more than five (5) days

Article II - Final Provisions

Section 208. No Sangguniang Barangay shall enact or enforce any ordinance or


resolution in conflict with the provisions of this Code, or prohibiting any person
authorized under Section 184.

(a) To enforce this Code within its territorial jurisdiction.

Section 209. Any ordinance or resolution inconsistent or contrary to this Code ii;; hereby
repealed or amended accordingly;

Section 210. Separability. If any provisions of this Code or the application thereof to
any person or circumstances is held invalid, the remainder of this Code, and the
application of such provisions to other persons or circumstances, shall not be affected
thereby.

Section 211. Effectivity. This ordinance shall take effect upon approval and on the day
following its publication in a newspaper of general publication in the municipalit/ and at
the end of its posting at prominent places in the municipality for three (3) con;ecutive
weeks, whichever occurs later.

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Chapter XI. Arnu m nt, Games, Recr atlon

Article A. Cockpit/Cockfighting

Section 212. Rules and Regulations. These rules shall be known and may b ci t
the "Rules and Regulation of t11e Ph11ipp1ne Game Fowl Commission now d 101v
th municipal government of Dingras. llocos Norte

Section 213. Definition of Terms. As used 1n this rules and r ulat1ons. th r !lowing
terms shall be understood, applied and co st ued as follows.

a. Cockfighting (Sabong) shall embrace and mean the commonly known game or
term "cockfighting, derby, pintakas1, tupada or its equivalent terms 1n different
Philippine dialects.

b. Cockpit (Sabungan) The proper enclosed or fenced premises or c< 1mpound


provided with one or more gates or doors for definite points of' entrance and exit
and licensed in accordance herewith for the holding of cockfight1n11. derby,
pintakasi , tupada or its equivalent term in different Phil1pp1ne dialects.

c. Cockfight (Soltada) The actual fight of physical combat of two (2) :::>itted or
evenly matched gamecocks, where bets are laid.

d. International Derby - means a cockfight promotion with inte national


participants.

e . National Derby - means a cockfight promotion with nationwide partic1p, 1nts

f. Regional Derby - means a cockfight promotion with nationwide pa, ticipants


from a particular region

g. Regular Cockfight - means a cockfight held on Sunday and/or legal holidays

h. Special Cockfight - means a permit secured from the Commission to hold


cockfighting on days other than Sundays and legal holidays

i. Pit Manager - a person who professionally, regularly and habitually menages a


cockpit and cockfights therein. He may or may not be the owner of th1 t cockpit
himself.

J. Referees (Sentenciador) A person who watches and oversees the pre gress of
the cockfight and decides its results by announcing the winner or de1:laring a
draw or no contest game.

k. Bet Manager (Kasador) A person who calls and takes care of bets frorr owners
of both gamecocks and those of other bettors. He orders the commenc, ~ment of
the cockfight and thereafter distributes winning bets to the winrn rs after
deducting a certain commission.

I. Bet Taker (Kristo) A person who participate in cockfight with the use cf money
or other things of value, bets with other bettors through other bet tai<es and
wins or loses his bets depending upon the result of the cockfi ;Jhts as
announced by the referee or sentenciador.

m. Gaffer (Mananari) A person knowledgeable in the technique of armin~/fighting


cocks with gaff on on th legs.

46

)
n. ~a~dler (Soltador) A person who personally takes physical custody an:I control
1ns1de the arena of a pitted gamecock and who actually release the .,ame for
actual fight and combat in cockfight.

o. Promoter - a person li_censed by the commission as such who is en Jaged in


the conveying, meeting and holding and the celebration of specially
programmed and arranged cockfighting like local and international d, 3rbies or
competitions, matched sets or encounters, pintakasi, and ordinary fights or
cockfights. .

p. Gamecock - refers to domesticated fowls. whether imported or local b eeds as


well as the native fighting cocks indigenous to the country, specie lly bred,
trained and conditioned for actual fighting or for propagation and xeeding
purposes for eventual use in cockfighting.

q. Breeder - a person engaged in game fowl breeding or propagation for :>ersonal


and/or commercial purposes for eventual use in cockfighting.

r. Cocker (An Aficionado) - a person who participates and bets in cockfiqhting as


a sport, amusement, recreation or form of relaxation. '

s. Zoning Law or Ordinance - either or both national or municipal legislatit >n which
locally arranges, prescribes, defines and apportions given political su )division
into specific land uses as present and future projection of needs w :1rrant in
accordance with existing standards and guidelines.

Section 214. Ownership, Operation and Management of Cockpits. The ~allowing


persons or entities may own, operate or manage a cockpit.

a. Filipino citizens not otherwise inhibited by law; and

b. Cooperatives or corporation, the capitalization of which is one hundred percent


(100%) Filipino owned.

/ Section 215. Number of Cockpits allowed. Only three (3) cockpit shall be al owed to
be established, maintained and operated in the municipality.

Section 216. Site and Construt,tion of Cockpits. Cockpits shall be constru1 :ted and
operated within the appropriate-areas as prescribed in zoning laws or ordinances. In the
absence of such laws or ordinances, no cockpit shall be established, maintaine j and/or
operated within a radius of two hundred (200) linear meters from any existing residential
or commercial area, hospitals, school buildings, churches or other public b Jildings.
Cockpits may also established within and/or adjunct of resorts, sports and/or
recreational project sites duly recognized and registered with the Depart nent of
Tourism, subject to the limitations of the number of cockpits allowed wi :hin the
municipality. Approval or issuance of building permits for the construction of cockpits
shall be made by the Municipal Engineer in accordance with the National Buildir.g Code,
ordinances or rules and regulations.

Section 217. Place and Time of Holding Cockfights. Section 212. Definition of
Terms. Cockfights may be held only in licensed cockpit.

a . For regular cockfights during Sundays and legal Holidays except on the f-::>llowing
days when no cockfightings shall be held:

1. New Year's Day- January 1

47

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a

Section 218. Licensing of Cockpits. S bject to the rules and reg at on en icted b
the Sangguna g Bayan, the M nicipal Mayor with the concurrence oft e Sar gg ,an
shall issue flcenses to operate cockpits in the municipality.

Section 219. Requirements for Licensing of Cockpits. The folio ng requ rements
must be fu I_ complied with before the issuance of licenses.

a. New License - Every application for new license to operate or maintain , cockpit
shall be submitted to the Municipal Mayor accompanied with the following:

1. The location and vicinity plan of the cockpit.'

2 . The cockpit building plan/design as approved by the Municipal Engineer and the
certification by him to the effect that the cockpit was constructed in ace ordance ,
with such approved plan/design in the area allowed by the zoning law/o dinance
or in the location/site of the cockpit is not within a radius of two hund 3d (200)
linear meters from any existing residential or commercial area, hospita . school
building, churches or other public buildings.

3. Official receipts showing payment of municipal taxes, fees and othe r levies
prescribed by ordinances duly promulgated by the municipality, and

4 . A health certificate:

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,

b. Annual Renewai. Every application for the annual renewal of license to 011erate or
manage a cockpit shall be submitted to the Municipal Mayor by all conce med not
later than December 31st day of each year and shall be accompanied with the
following:

1. Official receipts showing payment of municipal taxes, fees and other I :vies as
prescribed in pertinent municipal ordinances; and

2. In case the cockpit was constructed more than ten (10) years before tho date of
renewal of application, a certification from the Municipal Engineer that the
cockpit is free from material, structural or other physical hazards.

Section 220. Registration of Cockpits. No cockpit shall be allowed to operat i without


the proper registration certificate being secured annually, not later than JanJary 31,
issued by the Mayor.

In order to secure Registration Certificate, the applicant shall submit the .'allowing
documents:

a. An application stating therein the name of the cockpit, the name. of the
owner/owners and the name of the operator/manager.

b. A copy of the location and vicinity plan of the cockpit

c. A copy of the cockpit building plan

d. A certified copy of the Municipal License

e. A copy of the Mayor's Permit

f. A copy of the Health Certificate

g. Two (2) perspective photographs of the cockpit; and

h. A list of all duly licensed personnel and copy of their perspective licenses .

Section 221. Cockfighting Officials. The following cockfighting officials are required
to register with the municipality.

a. Promoter
b. Pit Manager
C. Referees ( Sentenciador)
d. Bet Managers (Kasador)
e. Bet Takers (Kristo)
f. Gaffers (Mananari)

They shall not officiate and participate in any cockfight herein authorized witl 1out first
securing a certificate of registration from the Sangguniang Bayan and renewat:le every
year on or before January 31. The Sangguniang Bayan may revoke for caL,se such
registration certificate together with the corresponding license by the Municipal t~ayor.

Section 222. Permit Requ_ i red for Special Cockfights. Application therefore is
necessary subject to the . wing conditions:

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No special cockfights shall be allowed unless authorized by special permit from the
Mayor witll the approv d resolution or concurrence of the Sanggunian~ Bayan.
Application for such spacial permit shall be filed with the Mayor's Office at least thirty
(30) d ys b fore t11e event.
Every application shall be signed by the owners/operator or licensee of th11 cockpit
where such special cockfight are to be held and countersigned by the prom )ter or a
representative or the beneficiary to be supported with the necessary docurr ents are
follows:

1. A copy of proclamation authorizing the fund raising campaign;

2. Letter request of the beneficiary to the cockpit owner/operator or licenses


to stage special cockfights in a particular cockpit; and

3. Recommendation, endorsement or referral by the Municipal May )r to the


Sangguniang Bayan with the concurrence by resolution of the
Sangguniang Bayan.

b. No international cockfight derby maybe held without a permit. The San~iguniang


Bayan may authorize the promotion of not more than eight (8) internationa derbies
every year for the support of National Fund Raising Campaign as maybe aL thorized
by the Office of the President upon application of duly qualified promo1 ers and
countersigned by the owner/operator or licensee of the cockpit Such aJ: plication
shall be filed at least sixty (60) days before the scheduled international c :ockfight
derby.

Every application for an international cockfight derby shall be supported with the
following documents.

1. A copy of proclamation authorizing the fund campaign.

2 . Letter request to the Philippine Game fowl Commission from the be1eficiary
derby in a particular cockpit; and

3. A list of expected foreigner and local participants.

Section 223. Registration of Breeders. All breeders of game fowl are rec,uired to
register with the bureau of Animal Industry, and no person shall be allowed t,, import
game fowl for breeding unless he is duly registered in accordance herewith. The
Director of the Bureau of Animal Industry shall furnish the Sangguniang Baya., with a
complete record of duly registered breeders.

Section 224. Importation of Gamefowl.

a. For Competition - on the occasion of duly licensed international cockfigt1t derby,


the Sangguniang Bayan may allow the importation of gamecocks for use in such
international derby by foreign participants or their Philippine Assa :iate or
Representative. Each duly licensed international cockfight derby promot1on shall
be entitled to not more than ten (10) gamecocks.

b. For Breeding - all breeders duly registered with the Bureau of Animal Industry
shall be considered as a bonafide gamefowl breeders are entitled to on :i import
permit every calendar year provided that each import permit shall authcrize the
entry of not more than two (2) roosters and four (4) hens or their ec uiva.l ent
hatching eggs at five (5) hatching eggs, provided further, that instead ot two (2)
roosters, four (4) g efo~I heris maybe imported as replacements.

50
c. The Director of the Bureau of Anir al Industry shall 1s u import r: arm, 1
accord nee with para raphs A & B of this section, ubJ ct to s ch L arantine
rul s and regulations s the Bureau may prescribe

d The prov1s1ons of Administrative Order No. 36 of the Bureau of Animal Ind stry
as approved by the Department of Agnculture of January 26, 1976 relat,e to t
importation of gamefowl to the Philippines and so far as the same are not
inconsistent with this rules and regulations are deemed hereunto incorpo ated

Section 225. Illegal Imported Gamefowl. Gamefowl brought into the count() without
the required import permit shall be considered as illegally imported. S ch g 3mefowl
shall be turned over to the Bureau of Animal Industry for disposition as the Sanf guniang
Bayan may direct and shall not be subject to sale at public auction.

Section 226. Fees. He fee and imposition shall be collected as provided f< ,r 1n the
revised Municipal Revenue Code.

Section 227. Complaints and Protest. The Sanggunaing Bayan shall take co~ 1nizance
of complaints and protests related to the operation and management of cockp1 s or the
conduct of writing and under oath. The Sangguniang Bay an shall prescribe t 1e rules
and procedures governing the disposition of such cases.

Section 228. Other Gambling Games Prohibited. No gambling of any kind sh; 111 be
permitted in the premises of the cockpit during cockfights. The owner, manager )r
lessee of such cockpit and the violators of this Section shall be criminally liable under
the provisions of this Code.

Section 229. Prohibition Against Minors. No person less than eighteen ( 18) years of
age shall be inside the premises of the cockpit and the cockfights. The c perator,
manager or licenses shall be responsible for strict compliance with this rule.

Section 230. Anti-Fraud Measures. Consonance with the Filipino trait of hon, isty and
tradition of fair play, the Sangguniang Bayan shall adopt such measure as to ob tiate the
use of fraudulent means or manipulation in all aspects of cockfighting. Persons
employing such means or manipulation shall be prosecuted against in accorda 1ce with
our penal laws as the circumstances may warrant.

Section 231. Books of Account and Records. Cockpit owners, operators and lessees
are required to keep the proper book of account and records in connection with their
operation. The Municipal Mayor or its duly authorized representatives shall ~ ave the
power to inspect at all times said books of account and records.

Section 232. Carrying of Deadly Weapon. No deadly weapons shall be allowed inside
the cockpit.

Section 233. Parking Space. Sufficient parking space should be provided by the
cockpit operator.

Section 234. Financial Statement of Proceeds from Cockfights for Charitable


Purposes. In cockfights for the support of national fund raising campaigns for ct ,aritable
purposes, the owner, operator or licensee shall enter in a daily financial report.

a. The receipts from gate or entrance and ringside tickets; and

b. The total commission (Plazada)

51
d
>'-i r f
r:11111 r 11 ,J I mt1 L,I >
r Vf I 1ty p 11 ; 111 t()Y,,) (1 f l1'1<J tr,!rJI

,l lUIIIII Witt 1h I 111, I ( OJ d-~ I ( j l h'-1


l ,UIJI lf lh rnlly f1 ntJr1CI JI r o r)( J(t

~h ~ipt . r XII . Fin nclal Provisions


~ "'""~ ity ~ f Pertinent Provi iontJ of Lawe. Th prov1 ,on of R./1,
~ I ,... 11n nt d of 1991 and all other ex1 t, 19 la N3 ,
r g Muni 1pal Ord1n nces not otherwise enumeratE :d under
' ed s part of this Code .

......._..__,,..,- ..- ' SeparabWty CJause. If. for any reason, any provision, section er part of
'-:12 .=: , -:1,e, = ea , a Court of competent jurisdiction, such judgment ,hall not
r.:.:r=., n g provisions, sections or parts which shall continue to be in

Secti n. 23 . AppiicabHity Clause. All other matters relating to the impositior s in this
,.,=.rn,,a= b pertinent provisions of existing laws and other ordinc nces.

Se.::tiial 238.. Repealing C1ause. All ordinances, rules and regulations or part thereof,
-- stent with any provisions of this Code are hereby rep3aled or

.secoon 23:9. Effectivity. This Code shall take effect after ten (10) days from tho date of
:.c..,x ~ s copie-s .e Municipal Hall, Barangay Halls and Public Market Bulletin
B~.:!5

'. :;.,-
.._, . . Rhandolf P. Magno, Hon. Samuel D. Catano, Hon. S.; muel N.
~ te, Hon. Nathaniel Ruben D. Taylan II, Hon. Joey S. Apo!tol, H n
P. ~r~;:;. Hon. Rowena Celerina P. Verzosa.

, (1 e

Gorr j r,u of tho obovo-qu t ,d r

. .... ~,~-.-

Al 1 1 1< Vl IJ

/u,z/i. // 111,1/.rl/
, ;I
~
\

Rl"1mblic or the Philippin~


THE SANG<,UNIANG PANLALAWIGAN OF ILOCOS NORTE
Laoag City

SEVENTH SANGGUNIANG PANLALA WIGAN

EXCERPTS FROM THE MINUTES OF THE 21:., . REGULAR SESSION


OF THE SANGGUNIANG PANL,ALAWIGAN. HEL,D AT THE
SANGGUNIAN SESSION HALL. PROVINCIAL CAPITOL.
LAOAG CITY, AT 3:25 O'CLOCK P.M.,
MONDAY, OJ DECEMBER 2007.

Present:
Hon. Windell D. Chua. Vice-Governor,
and P~iding Oflirer.
Hon. Angelo M. Barba, Member.
Hon. Albert D. Chua, Member
Hon. Ma. Elena M. Nalupta, Member,
Hon. Mariano V. Marcos, II, Member,
Hon. Portia Pamela R. Salenda, Member,
Hon. Renato Ma. R. Peralta, Member,
Hon. Shirley Ong Sin, Member,
Hon. Kristian R. Ablao, Member,
Hon. Robert P. Castro, Member,
Hon. Vicentito M. Lazo, PCL-IN, Member
Hon. Jessie E. Galano, Acting President ABC-IN, Member,
Hon. Stephanie S. Mandac, PPSK-IN, Member.
On Official Business:
Hon. Yvonne B. Ranada, Member,
Absent:
None.

RESOLUTION NO. R2007-0438

REVIEW OF/ACTION ON ORDINANCE NO. 2007-07-005


ENACTED BY THE SANGGUNIANG BAY AN OF
DINGRAS.

ON MOTION of District Board Member CASTRO, duly seconded, the Body


Resolved to: /

REFER, Ordinance No. 2007-07-005 to the Committee on LAWS;

Furnish copies of this Resolution to all concerned, for their information and
guidance.

I HEREBY CERTIFY to the correctness of the above-quoted Resolution.

MILDRED NIRMLA R. LAMOSTE


Provincial Board Secretary
1"--1-,_ fl ,,._
By: \.A~o,,
ALBINA V. UDAUNDO
Board Secretary II
ATTES~

WI~
Vice-Governor
and Presiding Offi~r
w.