Republic of the Philippines ORDINANCE NO. 2002-094 AN ORDINANCE PRESCRIBING RULES AND MECHANISM FOR THE NCE OF PERMITS FOR THE EXTRACTION OF SAND AND GRAVEL AND OTHER SIMILAR MINERAL RESOURCES WITHIN THE TERRITORIAL JURISDICTION OF ZAMBOANGA CITY, AND PROVIDING THE IMPOSITION OF CERTAIN TAXES OR FEES AND PENALTY FOR VIOLATION THEREOF AUTHOR Hon. ASBI N. EDDING Principal Author CO-AUTHORS: Hon, MA. ISABELLE G. CLIMACO Hon. MANUEL JOSE M. DALIPE, IR. Hon. JAIME U. CABATO Hon. ROFL B. NATIVIDAD Hon, CHARLIE M. MARIANO Hon. CESAR S, ITURRALDE Hon. MILABEL E, VELASQUEZ Hon, JUAN CLIMACO P. ELAGO II Hon. ABDURAHMAN B. NUNO- Hon. JOHN M. DALIPE Be it ordained by the Sangguniang Panlungsod of the City of Zamboanga, that ARTICLE I ‘TITLE AND DEFINITIONS SECTION 1. TITLE ~ This Ordinance shall be known and cited as the “Sand, Gravel And Other Quarry Resources Ordinance.” SECTION 2. DEFINITION OF TERMS - As used in the Ordinance, the following terms, whether singular or plural, unless the context indicates otherwise, shall have the following meaning: (a) “Bed” ~ of scas, lakes, rivers, streams, crecks and etc. - Means the ground covered by waters during its highest flood without causing inundation, ®) “Ci ~ Means the City of Zamboanga. (© “City Agriculturist, ENRD” - Means the Environment and Natural Resources Services Division of the Office of the City Agriculturist 192- P.O, 2002-094 - = page 2 - (d) “City Engineer” — Means the City Engineer of Zamboanga. (©) “City Treasurer” — Means the City Treasurer of Zamboanga. () “Director” = — Means the Regional Director of the Department of Environment and Natural Resources, Region IX, (g) “Extraction” - Means the act or process of taking, excavating and removing. (h) “Fair Market Value” - Means the appraisal per cubic meter in the locality of ordinary stones, sand, gravel, earth and other quay resources, made periodically by the City Assessor. ()) “Fee” - Means a charge fixed by law for the services of a public officer. G) “Foreshore” - Means the arca of shore beyond 100 meters from the watermark at the mean low tide extending seaward or lakeward. (k) “Gravel” - Means particles of rock that pass a 75 mm. (2”) and retained by a 4.75 mm, (No. 40 sieve). () “Legal Officer” ~ Means the City Legal Officer of Zamboanga City. (m) “Mayor” - Means the City Mayor of Zamboanga (a) “Permit” ~ Means the license to engage in certain activities or business, or to practice certain privileges. (0) “Permittee”- Means one to whom a permit is issued. (p) “Private Land” — Refers to any land belonging to any private person which includes alienable and disposable land being claimed by a holder, claimant, or occupant who has already acquired a vested right thereto under the law, although the corresponding certificate or evidence of title o patent has not been actually issued. (q) “Public Land” - Means the land whose tite still remains in the Government. (1) “Public Waters” — Refers to bodies of waters belonging to the public domain such as but not limited to seas, bays, lakes, ponds, creeks, streams, rivers and swamps. (8) “Puka” — Means a portion of a shell that are sometimes found mixed with sand and gravel. () “Qualified Person” — Means a Filipino Citizen, of legal age, and with capacity to contract, or a corporation or partnership registered with the Securities and Exchange Commission, at least 60% of the capital is owned, and at all times Filipino Citizens. 193= P.O, 2002-094 - = page 3 - (1) “Quarry Resources” — Means any common stone or other common mineral substances as the Director may declare to be quarry resources, such as but not restricted to marl, marble, granite, volcanic cinders, basalt, stuff and rock phosphate; Provided, they contain no metal or metals or other valuable minerals in economically workable quantities. (¥) “Sand” — Means particles of rock that pass a 9.5 mm (3/8), and are retained by a 0.150 mm (No. 14 sieve), (w)"Special Permit” — All permits issued by the Mayor upon advice of technical experts to extract sand, gravel and other quarry resources within prohibited areas, as provided by this Ordinance for purposes of rehabilitation, desitication, dredging or rechanneling which the Mayor may deem necessary for reasons of ecological balance and when public safety so requires. This Special Permit shall be granted only upon completion of the requirements prescribed by this Ordinance. (8) “Tax”- Means an enforced contribution, usually monetary in form, levied by lawmaking body on persons and property subject to its jurisdiction for the precise purpose of supporting government needs, ARTICLE I SAND AND GRAVEL SECTION 3. EXTRACTION OF SAND, GRAVEL, EARTH AND ORDINARY STONES. The extraction of sand, gravel, earth and ordinary stones within the territorial jurisdiction of the city shall be allowed only under a permit issued by the Mayor in accordance with this Ordinance. SECTION 4, KINDS OF PERMIT. The Mayor may issue commercial, communal extraction, gratuitous, industrial, and special permits as well as permits for personal use. SECTION §. FILING AND REGISTRATION OF PERMITS. All applications for permits and other related documents shall be filed and/or registered with the Office of the City Mayor. Upon the filing and/or registration, the following fees shall be paid: (a) Commercial, Communal Extraction, Special and Gratuitous, Permit Application ...... ----P 50,00 (b) Industrial Permit Application... .. ea deee te tgTQ0i00. (© Deed of Assignments, and other Registered Documents . Bu seoteeciey 50.00 194- P.O. 2002-094 - ~ page 4 - SECTION 6. WHO MAY BE GRANTED PERMITS. A permit may be granted to any qualified persons, as herein defined who has complied with the requirements prescribed by this Ordinance; Provided that a juridical person must present proof of its existence. SECTION 7. REQUIREMENTS AND CONDITIONS FOR THE ISSUANCE OF THE PERMITS. Permits issued under this article shall be subject to the following conditions: (@) An applicant (natural person) shall personally appear before the Office of the City Mayor or any of his authorized representative and shall present his personal data, duly notarized and submit two (2) copies of 2x2 recent photo. In case of juridical persons, it shall submit a Certificate of Registration, Articles of Incorporation, by-laws and a Board Resolution indicating its desire to engage in the extraction of Sand and Gravel and/or other quarry resources: (b) An application for a permit shall be acted upon presentation of a barangay council resolution, favorably endorsing such application. In case of denial or refusal to act on the application within a period of fifteen (15) days from filing thereof, the applicant or any aggrieved party may appeal to the Office of the City Mayor within a period of ten (10) days from receipt of such denial or refusal to act. The Office of the City Mayor has a period of thirty (30) days to decide on the appeal which decision shall be final. (©) The statements made in the application and those made later in support thereof shall be considered as conditions and essential parts of the permit and any misrepresentation contained therein shall be a cause for suspension or revocation of the permit; (A) The permit shall be inoperative over areas covered by Mines Temporary Permits, Quarry Permits, Mining Leases and Mining Production Sharing Agreement granted by DENR, provided no Sand and Gravel extraction, for commercial purposes shall be allowed; (© The extraction shall not be allowed within a distance of One Kilometer (upstream and downstream) from the boundaries of reservoirs established for public water supply or of any public or private works or structures and bridges, provided the City Mayor, for purposes of rehabilitation, dredging, rechanneling and any other special reasons as recommended by ENRO may grant a special permit within the prohibited area of One Kilometer with close supervision by a technical committee created by the Mayor; (®) The extraction shall be confined within the area specified in the permit, the boundaries of which are established on the ground by prominent and visible markers; (g) The permittee shall assume full responsibility for damage to public and private property, or to any injury to persons or loss of human life, occasioned by his extraction or operation under the permit; 195= P.O. 2002-094 = ~ page 5 - (h) The permit is issued for the exclusive use and benefit of the Permittee and shall not be transferable, @ The permittee or his duly authorized representative shall put up a signboard of 4° X 8 size at the place of extraction which shall legibly and substantially reflect the contents of his permit, inclusive dates of operation and the manner of extraction; (@ The permit shall be available at all times for inspection by any representative of the City Mayor, the City Treasurer, City Engineer, the City Agriculturist, Punong Barangay or any duly authorized representative; (K) The permittee shall keep a book of accounts wherein there shall be entries everyday on the quantity and kind of materials removed from the area covered by the permit; the tax, if any, paid thereof; the quantity and kind of materials disposed of or sold; their selling prices; the names and addresses of the persons to whom the same where disposed of or sold; and such other transactions in connection with the permittee’s operation; @ The permittee shall, within ten (10) days after the end of cach month, submit to the City Treasurer, copy furnished the Office of the City Mayor, City Agriculturist Office, Committees on Natural Resources and Environmental Protection and Committee on Ways and Means, thru its Chairmen, Sangguniang Panlungsod, and the Office of the Punong Barangay, a report under oath stating the quantity and kind of materials extracted by him, the amount paid, the quantity and kind of materials sold or disposed of during the period covered by the report, their selling prices, the name and addresses of the persons to whom the same were sold or disposed of, and the quantity and kind of materials left in the stocks; and (m) Such other conditions as the Mayor may impose. SECTION 8. SURVEY PLAN. All applications, except an application for a permit for personal use, shall be supported by a survey plan duly prepared, signed and sealed by the licensed Geodetic Engineer. Such plan shall contain general information, including technical description, reference, location map, etc. SECTION 9. VERIFICATION OF AREAS. The City Engineer or his representative shall conduct field verification of the area applied for and submit their report with the recommendation to the City Mayor or any duly authorized representative. Applicants shall pay therefore the amount of THREE HUNDRED FIFTY PESOS (P350.00) for Commercial, Communal Extraction Permit and Special Permit Application and SEVEN HUNDRED PESOS (P700.00) for Industrial Permit Application. No permit shall be recommended for approval without the verification actually made. SECTION 10. APPLICATION INVOLVING THE SAME AREA. In cases of application involving the same area, the applicant first registered with the Office of the City Mayor, accompanied by standard requirements, shall be entertained and preferred, 196= P.O, 2002-094 - ~ page 6 - SECTION 11. REHABILITATION OF EXCAVATED AREAS. Holder of permits, other than special permit, shall rehabilitate the affected areas by planting trees suitable thereon as may be determined and pursuant to the plan approved by the City Agriculturist Office-Environment and Natural Resources Division. To guarantee the faithful compliance with this duty, cash bond in the amount of FIVE THOUSAND PESOS (PS,000.00) per hectare or a fraction thereof shall be posted by the applicant. SECTION 12, EXTRACTION ONLY AT RIVER BEDS. It shall be unlawful for any person to extract any article from river banks and other areas aside from those designated by the permit. SECTION 13, SUSPENSION OR REVOCATION OF PERMIT. Without prejudice to other pertinent provisions hereof, permit issued under this Ordinance may be suspended or revoked by the Mayor for any of the following grounds: (a) Violation of the terms and condition thereon; (b) When public interest or peace and order conditions so demand; and (¢) For ecological reasons. SECTION 14. ASSIGNMENT AND TRANSFER. An application or permit may be assigned or transferred by the applicant or permittee, respectively, to any qualified person by an instrument duly notarized and registered within the Office of the City Mayor, To be effective, the transfer or assignment shall be approved by the Mayor. SECTION 15. PERIODIC INSPECTION AND ASSESSMENT. All operations conducted under a permit issued under this Ordinance shall be subject to periodic inspection and assessment by the duly authorized representatives of the Mayor ‘or his deputies, in coordination with the barangay officials concemed, for the purpose of ensuring: (a) That the operation is confined within the permitted areas; (b) That the materials removed are in accordance with the terms and conditions of the permit; (©) That the aesthetic and ecological value of the permitted area is not seriously damage; (@) That the operation does not threaten the ground stability of any public of private structure; and (e) That peace and order is maintained in the area, SECTION 16. DELIVERY RECEIPTS. The permittee shall at all times issue to truck drivers engage in hauling from the permitted area sand, gravel and other materials allowed by the permit, delivery receipts for the purpose of inspection by the duly authorized representatives of the City Mayor, the City Treasurer and the Punong Barangay. The original copy of the receipts shall be issued to and carried by the truck drivers while in transit and shall be shown upon demand. ‘The duplicate copy shall at all times be available for inspection by proper authorities. 197= P.O, 2002-094 - ~ page 7 - The failure of truck drivers to present the delivery receipts upon demand shall subject them to the penalty imposed in Section 4¥ pf this Ordinance and shall be a cause for the impounding of the materials and vehicles which shall be released only upon ‘written order of the City Mayor or the competent Court. ‘The failure to issue Delivery Receipts, of the issuance of fraudulent ones shall be sufficient ground for the suspension or revocation of the permit. ARTICLE IIT PERMITS SECTION 17. COMMERCIAL PERMIT. A Commercial Permit shall cover an area of not more than one (1) hectare and involves the extraction of sand, gravel, carth and other ordinary stones which are taken in their natural or original state without undergoing processing. It is granted for a period of not more than one (1) year, renewable every year but not exceeding 25 years unless the City Agriculturist Environment and Natural Resources Division will declare the area unsuitable for the purpose. 17.1 DOCUMENT REQUIRED - a commercial permit application shall be supported by a survey plan prepared by a licensed geodetic engineer, environmental examination report, operational plan, and a rehabilitation plan of the area applied for; 17.2 LIMITATION - A permit shall be granted to any qualified person not within third civil degree relations, cither by consanguinity or affinity, of an existing permittee; 17.3 CASH BOND - The permittee shall post a cash bond in the amount of 5,000.00 to the Office of the City Treasurer to answer for whatever actual ‘damage that may be incurred by reason of his/her operation. SECTION 18. COMMUNAL EXTRACTION PERMIT. A communal extraction permit for the extraction of sand, gravel, ordinary earth and/or related materials within the declared communal extraction area shall be issued by the City Mayor to any individual Filipino citizen who is a bonafide resident of the city, in need of such materials not exceeding fifty (50) cubic meters for housing and/or other personal construction need. 18.1 AREA. A communal extraction area may be declared by the City Mining Regulatory Board, upon endorsement of the City Mayor at any one time which shall not be more than five (5) hectares in the city. Provided that a larger communal extraction area in the city may be allowed subject to the approval of the Secretary of the Department of Environment and Natural Resources. 18.2 DOCUMENTS REQUIRED. The petition/request from the local government unit concemed or any interested parties for declaration of any communal extraction area shall be filed with the concemed Mining Regulatory Board. The petitionrequest shall be accompanied by a sketch plan, map of the proposed area showing its corresponding, technical description and boundaries, and private lots if any. Extraction and related 198= P.O. 2002-094 - ~ page 8 - activities in the communal extraction area shall be covered by the Environmental Compliance Certificate (ECC) requirements. For such purpose, the City Government may, prior to the declaration of a communal extraction area filed an application together with the project description and other requirements for a unified ECC covering the communal extraction area with the Environmental Management Bureau of the Department of the Environment and Natural Resources. 18.3 LIMITATION. The permit shall be for a non-renewable period of sixty (60) days or until such time that the total volume specified therein have been extracted, whichever comes first. The permit shall be for the permit holder's exclusive use and shall not be transferable. The materials authorized to be removed shall be strictly for the permit holder’s housing and other personal construction needs and in no case shall the same be disposed commercially, otherwise persons responsible thereof shall be liable for prosecution under appropriate law. SECTION 19. GRATUITOUS PERMIT. A gratuitous permit is granted to any government instrumentality or entity in need of materials for infrastructure projects undertaken under its administration, covering an area of not more than two (2) hectares for a petiod co-terminus with the duration of the project, but not more than one (1) year. 19.1 CONDITIONS AND LIMITATIONS. A gratuitous permit may be issued under the following conditions and limitations: (a) That the applicant shall submit a project proposal as to where the materials to be extracted are needed; (b) That the permittee shall whenever practicable, use its own vehicles and equipment in extracting, hauling and transporting the materials; Provided, however, that the permittee may enter into a contract with a private person or entity, duly registered with the Office of the City ‘Mayor, for the purpose of hauling and transporting such materials; (©) That the extracted materials shall be used exclusively for infrastructure projects and in no case shall the same be disposed of commercially; (@) That delivery receipts shall be issued to, and carried by, the driver of the hauling vehicles; (e) That the permittee shall submit to the City Treasurer, copy furnished the Office of the City Mayor, the City Agriculturist -Environment and Natural Resources Division, Sangguniang Panlungsod thru the Chairman, Committee on Ways and Means and the Office of the Punong Barangay, the monthly report required in Section 7 (1) hereof; and (© More than one (1) permit may be granted to the applicant depending ‘upon the volume needed in the project proposal, proximity, size and other factors; 199+ P.O, 2002-094 - = page 9 - (g) That the volume of aggregate materials to be extracted must be excluded from the Bill of Materials of the intended infrastructure projects. SECTION 20, INDUSTRIAL PERMIT. An industrial permit covers an area of not more than five (5) hectares and involves the extraction of sand, gravel, earth and ordinary stones, that necessitate the use of mechanical processing, for a period of five (5) years, renewable for a series of five-year period, but not exceeding a total of twenty-five (25) years. 20.1. 20.2 20.3 CONDITION PRECEDENT. The permittee shall not be allowed to operate until the processing machinery or crushing equipment shall have been installed; Provided, that the permittee may enter into an operating agreement, duly registered with the Office of the City Mayor with an owner of an existing processing plants; Provided, further that failure of the permittee to install the equipment within six (6) months from the grant of the permit may cause its revocation. DOCUMENT REQUIRED. The application for industrial permit shall be supported by the following documents: (@ Plan of the area duly surveyed by transit and tape by a licensed geodetic engineer; (b) Clearance from the goverment agencies concemed that may be affected by the operation; (©) Project study prepared, signed and sealed, by a licensed engineer registered with the Office of the Mayor stating among others, the nature and kind of materials applied for, production rate, equipment and machineries to be used, estimated volume of the deposit, financing-scheme, marketing, technical and personnel operation, rehabilitation plan, and economic feasibility study of the proposed operation; (@) Initial environmental examination report or environmental impact report; (©) Community Environmental Resource Office certification whether the area is public land or private land; ( A Barangay Resolution attesting to the fact of the survey conducted; with the favorable endorsement of the Barangay Council concemed; (g) Proof of financial and technical capability of the applicant to develop and to rehabilitate the area affected; (n) Submission of an ENVIRONMENTAL COMPLIANCE CERTIFICATE. CASH BOND. To answer for whatever damages that may result in the extraction or operation the applicant shall post a cash bond in the amount of TWENTY FIVE THOUSAND PESOS (P 25,000.00) to be deposited with the City Treasurer for a permit to extract sand and gravel. 200= P.O, 2002-094 ~ page 10 - 20.4 TEMPORARY INDUSTRIAL PERMIT. The Mayor may upon request in writing and pending approval of the permit, motu propio, grant the application for a temporary industrial permit to conduct commercial operations for a period of not more than six (6) months, renewable only ‘once, subject to the terms and conditions provided herein, under a close supervision of a Technical Committee created by the Mayor. ARTICLE IV OTHER QUARRY RESOURCES SECTION 21. EXTRACTION OF OTHER QUARRY RESOURCES. The extraction of other quarry resources within the territorial jurisdiction of the City shall be allowed only under the permit issued by the Mayor in accordance with this Ordinance. SECTION 22, FILING AND REGISTRATION OF QUARRY PERMIT. All applications for quarry permits and other related documents shall be filed andior registered with the Office of the City Mayor. Upon filing and/or registration, the following fees shall be paid: (a) Quarry Permit Application P 120.00 (b) Other Related Documents ...... $0.00 (©) Legal Research Fee ...... 20.00 SECTION 23. WHO MAY BE GRANTED QUARRY PERMIT. A quarry permit may be granted to any qualified person as herein defined who has complied with the requirements prescribed by the ordinance; provided that a juridical person must present proof of its existence. SECTION 24. AREA SURVEY. No application for quarry permit shall be approved unless the area applied for has been previously surveyed and approved by proper authorities, such survey may be considered sufficient; provided further that if the area applied for constitutes only a portion of the area previously surveyed; a new survey may not be ordered, if, by using the survey plan, said portion can be clearly delineated and segregated from the rest of the surveyed area SECTION 25. SURVEY APPLICATION. If the area applied for has not been surveyed, or is a portion of a surveyed arca which cannot be delineated by existing comers of the approved survey plan, the applicant shall, within thirty day's from the filing of the application for quarry permit, file an application with the Office of the City Mayor for the survey of said area, 25.1 DOCUMENTS ACCOMPANYING SAID APPLICATION. The application shall be accompanied by: (a) Two (2) copies of the application for quarry permit; 201= P.O, 2002-094 = ~ page IL - (b) A duly notarized survey contract executed by and between the applicant and the authorized geodetic engincer which shall stipulate among others, the following: (1) The names of the contracting parties; (2) The assigned number and date of filing of quarry application and location of the area sought to survey: and (3) The consideration or contract price and mode of payment of the same. (©) Affidavit of the proposed deputized geodetic engineer representing that he can execute the survey of the claims and submit the returns thereof within the period prescribed unless prevented by force majeure and admitting payment by the applicant of not less than Twenty percent (20%) not more than Fifty percent (50%) of the agreed professional fee paid in advance in consideration of such representation; and (@) A survey bond filed by the deputy geodetic engineer in the amount of Ten (P 10.00) Pesos per hectare but not less than Five Hundred (P 500.00) Pesos per application for survey, which bond shall be subject to forfeiture for failure to execute the survey and/or comply with his obligations under this Ordinance. SECTION 26, DURATION OF PERMIT. The permit shail be for a term of five (5) years, and may be renewed for one more term of five (5) years, but in no case shall the permit may be granted to an applicant to extract quarry resources for test and experimental purpose in such quantity as the Mayor may determine. SECTION 27. SIZE OF ALLOWABLE AREA. The maximum area that may be covered by a quarry permit shall not exceed Five (5) hectares, the boundaries of which shail be established with prominent marks on the ground. SECTION 28. RECORD OF EXTRACTION AND DISPOSAL, The permittee shall keep a book of accounts wherein transactions shall be properly recorded everyday like the kind and quantity of quarry resources extracted from the permitted areas and the quantities disposed of or sold during the day, the selling prices, the names and addresses of the persons to whom the same were disposed of or sold. The book shall be opened at all times during office hours for the inspection of the representatives of the City Mayor and the City Treasurer. SECTION 29. QUARTERLY REPORT. The quarry permittee shall submit to the City Treasurer, copy fumished the Office of the City Mayor, the City Agriculturist Office, the Committees on Natural Resources and Environmental Protection and Ways and Means, and the Punong Barangays concemed within ten (10) days after the end of each quarter of the calendar year, sworn reports containing the kind and quantity of quarry materials extracted, the amount of the tax paid, the quantity disposed of or sold during the period covered by the report, the selling prices, the names and addresses of the persons to whom the same were disposed of or sold. 202= P.O, 2002-094 = ~ page 12 - SECTION 30. APPLICABILITY OF CERTAIN PROVISIONS. The sections under Article IT of this, ordinance shall also apply to quarry permits and the extractions conducted thereunder; Section 7 (requirements and conditions for the issuance of the permits); Section 10 (rule in cases of application involving the same areas); Section 11 (rehabilitation of excavated areas); Section 13 (suspension or revocation of permit); Section 14 (assignment or transfer of application or permit); Section 15 (periodic inspection); and Section 16 (delivery receipts). ARTICLE V DEPUTIES SECTION 31. DEPUTIES OF THE CITY MAYOR. The City Treasurer, the City Engineer, the Legal Officer and the City Agriculturist thru the Environment and Natural Resources Services Divisions shall be the deputies and such shall perform the functions and those that the City Mayor may assign from time to time in connection with the provisions of this Ordinance. SECTION 32. THE CITY TREASURER. The City Treasurer shall determine the fair market value in the locality of the material covered by this Ordinance; collect all taxes and fees prescribed herein; cause the inspection of the permittees book of account and keep custody of the reports that the permittees are required to submit. SECTION 33. THE CITY ENGINEER. The City Engineer shall cause the erification of the areas applied for and examine the survey plans, maps and other allicd documents required to be submitted under this Ordinance. SECTION 34, THE LEGAL OFFICER. The Legal Officer shall hear and investigate dispute arising from the provisions of this Ordinanee and report his findings to the City Mayor. SECTION 35. THE ENVIRONMENT AND NATURAL RESOURC! SERVICES, to be created. But presently, a division under the Office of the City ‘Agriculturist.. The OCENR shall approve the rehabilitation plan for the areas applied for and determine, in the process, the suitable trees and plants to be planted and other rehabilitation items to be placed thereon. ARTICLE VI ADVERSE CLAIMS, PROTESTS AND OPPOSITIONS SECTION 36. SUBSTANTIAL REQUIREMENTS. All adverse claims, protests and oppositions involving permits covered by this Ordinance must be verified and filed with the Office of the Legal Officer (City Legal Officer) accompanied by the receipts of payment of the filing fees and the proof of scrvice of the copies of the claims, protests and opposition upon the respondents. 208= P.O, 2002-094 = = page 13 - ‘The adverse claims, protests, or oppositions shall contain the name and address of the adverse claimant, protestant or oppositor, and the respondent, a detailed statement of the ground and facts relied upon and exhaustive discussion of the issues and arguments raised, and in addition, shall be accompanied by the affidavits of the witnesses and other supporting documents. SECTION 37. ANSWER. If the adverse claim, protest or opposition is sufficient in form and substance, it shall be given due course, the respondent shall be required to answer within a period of not fess than five (3) days from receipt of the order The order shall also fix the date of summary hearing. ‘The answer shall contain a detailed statement of the facts relied upon by the respondent, and exhaustively discussion refuting the issues and arguments raised in the claim, protest or opposition; and defenses availed of by the respondent. It shall be accompanied by the affidavits of witnesses and other supporting documents, if any. SECTION 38. SUMMARY HEARING. After the issues are joined, a summary hearing shall be conducted in one sitting or in a number of successive session which shall not last more than five (5) days. The hearing officer shall submit his report and recommendation to the City Mayor within fifteen (15) days from the termination of the investigation. SECTION 39, DECISION. The City Mayor shall decide the case within five (5) days from submission of the report. The decision shall become final and executory after ten (10) days from receipt of it, or of the order denying the motion for its reconsideration by the aggrieved party; Provided, that only one motion for reconsideration shall be allowed. ARTICLE VIL TAX ON ORDINARY STONES, SAND, GRAVEL, EARTH AND OTHER QUARRY RESOURCES SECTION 40. AMOUNT OF TAX AND MODE OF SHARING. Holders of permits, other than gratuitous, shall pay in advance to the City Treasurer a tax of: TWENTY FIVE (P25.00) PESOS per cubic meter of ordinary stones, sand and gravel, oulders and other quarry resources extracted from public lands, or from beds of scas, lakes, rivers, streams, creeks, and other public waters within the territorial jurisdiction of the city; and TWELVE PESOS: and FIFTY CENTAVOS (P12.50) per cubic meter of carth/soil or filling materials extracted from public land, within the territorial jurisdiction of the City of Zamboanga. Provided, that in case of large scale operations, the City Treasurer may allow, subject to the conditions stated in an instrument signed by the parties concemed, staggered payment of the tax. 204= P.O, 2002-094 - ~ page 14 - Taxes collected under this action shall be distributed as follows: 60% for the City Goverment and 40% for the barangay where the sand, gravel, carth/soil or filling ‘materials and other quarry resources are extracted, ARTICLE VIL PENAL PROVISIONS SECTION 41. PROHIBITED ACTS OR OMISSION. The following acts or omissions shall be deemed unlawful; (a) The extraction of materials covered by this Ordinance without a permit; (b) Misrepresentations made in the application for permit or in the documents supporting thereof; (c) Applying for permits for an area knowing fully well that itis already covered by a valid existing permit; (4) Unauthorized transfer of permit to an individual partnership or corporation; (e) The extraction or sale of materials in excess of the allowable quantity specified in the permit, (® The extraction of materials outside the permitted area; (g) Selling, transferring, or conveying a false permit, knowing fully well its falsity; (hy Failure to put up the vertical pole markers required in a foreshore permit, or the ground markers in other permitted arcas; {i) Unauthorized removal or destruction of the boundary markers mentioned in paragraph (f) of Section 7 hereof. (j) Failure to put up the required signboard in the permitted areas; (k) Failure to keep a book of accounts; ()_ False entries in the book of accounts; (an) Failure to submit a monthly or quarterly reports as the case may be; (A) Unjustifiable refusal to allow the proper authorities to inspect the book of accounts; (0) Failure to issue the genuine delivery receipts to drivers of vehicles hauling extracted materials; 205= P.O, 2002-094 - ~ page 15 - (p) Issuing fake delivery receipts; (q) Failure to present delivery receipts by drivers of vehicles hauling extracted materials; (*) Disposing of commercially, the materials extracted under a gratuitous permit, (s) Extracting sand and gravel from beaches; (Extracting any articles from river banks, (u) Willfil obstruction or harassment of the City Mayor or any of his representatives in the performance of duties pursuant to this Ordinance; and () Willful obstruction or prevention of the permittee from undertaking the extraction operation pursuant to this permit; (wv) Sand and Gravel Concession and Quarry sites, in excess of one (1) hectare operating without approved Environmental Compliance Certificate (ECC). SECTION 42. PENALTIES. Person found guilty of violating any of the acts ot omissions contained in the immediately preceding sections shall be punished with a fine of not less than One Thousand Pesos (P1,000.00) nor more than Five Thousand Pesos (P5,000.00), or imprisonment of not less than six (6) months or both at the discretion of the court, When the violation is committed by a corporation or a partnership, the president, manager, director, pariner or any other officials of said corporation or partnership, who shall have directed or induced the commission of the offense shall be criminally liable as principal thereof. ARTICLE IX TRANSITORY PROVISIONS SECTION 43. EXISTING PERMITS. Valid and existing permits shall continue as such, but their revocation or modification after the effectivity of this ordinance shall be subject to the provisions hercof. Alll holders of such permits shall be suspended for not more than ninety (90) days from the effectivity of this Ordinance, until the compliance of the updated requirements of the same. After complying the new requirements of this ordinance suspension order shall be lifted and the permit shall be deemed operational. Failure to comply the new requirements of this ordinance shall be subject. to penalties prescribed under Section 42 hereof. 206~ P.O. 2002-094 = ~ page 16 - All holders of such permits without an ENVIRONMENTAL COMPLIANCE CERTIFICATE are given a period of ninety (90) days from the datc of the effectivity of this ordinance to process and acquire such Environmental Compliance Certificate with the proper government office, Failure to acquire such within the period as provided hereof, the concemed permit holders shall be dealt with in accordance with provisions of laws. ARTICLE X FINAL PROVISIONS SECTION 44. SEPARABILITY CLAUSE. If any clause, in sentence, provision, or section, of this Ordinance, shall be held invalid or unconstitutional, the remaining parts shall not be affected thereby. SECTION 45. REPEALING CLAUSE. All ordinances or any of its provisions, rules and regulations inconsistent with or contrary to the provision of this Ordinance are hereby repealed or modified accordingly, unless otherwise specifically provided in this Ordinance. SECTION 46, EFFECTIVITY. This Ordinance spall take effect upon its approval ) ENACTED: December 17, 2002. oe ERICO BASILIO A. FABIAN Dresiding Officer ATTESTED: ZENAIDA City Secretary APPROVED: Perec, Um hag MARIA CLARA L, LO! ‘GAT City Mayor Dec 2 § 20t2 /Jackie!2002 207