Republic of the Philippines

Province of Bohol
MUNICIPALITY OF TUBIGON

OFFICE OF THE SANGGUNIANG BAYAN

MUNICIPAL ORDINANCE NO. ____

AN ORDINANCE PROVIDING A MECHANISM TO ENSURE PROPER REGULATION,

SAFETY AND PROTECTION OF ALL LOCAL GOVERNMENT PROPERTIES WHETHER
REAL OR PERSONAL IN NATURE AGAINST ANY DAMAGE OR DESTRUCTION OTHER
THAN ITS ORDINARY WEAR AND TEAR DEPRECIATION.

WHEREAS, Pursuant to Section 447 of Republic Act No. 7160 or the Local Government Code of 1991,
the Sangguniang Bayan, as the Legislative Body of the municipality, shall enact ordinances, approve
resolutions and appropriate funds for the general welfare of the municipality and its inhabitants necessary
to carry out efficient and effective municipal governance;

WHEREAS, under Section 447 (1) (x) and (vi) of the same code, Local Government Units are
empowered to provide a mechanism and appropriate funds to ensure the safety and protection of all
municipal government property and prescribe reasonable limits and restraints on the use thereof;

WHEREAS, the Municipality of Tubigon, as a Local Government Unit and a public corporation, in its
exercise of corporate powers have acquired real or personal properties necessary for its existence and its
mandate to deliver the basic services to its constituents in line with the promotion of the general welfare
enshrined in the 1987 Philippine Constitution;

WHEREAS, the enactment of this Ordinance will provide a mechanism or procedure in maintaining,
preserving and ensuring the safetyness and protection of Local Government properties against any
damage and destruction other than its ordinary wear and tear depreciation caused by frequent usage of the
general public;

NOW THEREFORE, BE IT ENACTED BY THE ____ TH SANGGUNIANG BAYAN ON ITS ____

REGULAR SESSION ASSEMBLED that:

SECTION 1. Title.

This Ordinance shall be known as AN ORDINANCE PROVIDING A MECHANISM TO

ENSURE PROPER REGULATION, SAFETY AND PROTECTION OF ALL LOCAL
GOVERNMENT PROPERTIES WHETHER REAL OR PERSONAL IN NATURE AGAINST
ANY DAMAGE OR DESTRUCTION OTHER THAN ITS ORDINARY WEAR AND TEAR
DEPRECIATION.

SECTION 2. Scope and Coverage:

This Ordinance applies to the following properties of the Local Government of the Municipality
of Tubigon:

a. Waterworks system
1. Pipelines
2. Stab out
3. Service line
4. Main line

b. Sound System
c. Tables
d. Chairs

SECTION 3. Definition of Terms:

 a. WATERWORKS SYSTEM – the system of reservoirs, channels, mains, and pumping and
purifying equipment by which a water supply is obtained and distributed.
b. SOUND SYSTEM - a set of equipment for the reproduction and amplification of sound.
c. ORDINARY WEAR and TEAR - is damage that naturally and inevitably occurs as a result of
normal wear or aging.
d. DAMAGE - physical harm caused to something in such a way as to impair its value, usefulness,
or normal function.
e. DESTRUCTION - the action or process of causing so much damage to something that it no
longer exists or cannot be repaired.
f. PERSON – refers to any individual or juridical entity, private or public.

SECTION 4. Mechanism in case the property destroyed or damaged are component of the
waterworks system including but not limited to: pipelines, stab out, service line, and main line.

Any damaged or destruction caused by any person, corporation, private or public entities
including government agencies and instrumentalities, in the discharge of their functions, duties and daily
activities that will cause damage or destruction to any of the components of the waterworks system of the
Local Government Unit of Tubigon shall be required to make reparations of the same.

It is the duty of the said person to repair if applicable and or replace the damaged or destroyed
waterworks component.

The Local Government Unit shall not accept any cash as reparations. The LGU will provide
assistance as to the quotation of the damaged or destroyed property.

SECTION 5. Mechanism in case the property destroyed or damaged are components or any parts of
a sound system.

Any damaged or destruction caused by any borrowing or using person or entity of the Local
Government Unit’s owned sound system shall be required to make reparations of the same.

The person or entity who caused the damaged or destruction shall indemnify the Local
Government Unit through either making a repair or replacing the damaged or destroyed component/s or
parts thereof, if repairing the same would no longer be applicable.

The Local Government Unit shall not accept any cash as reparations. The LGU will provide
assistance as to the quotation of the damaged or destroyed property.

SECTION 6. Mechanism in case the property destroyed or damaged are tables or chairs.

In cases where the property destroyed are tables and chairs, the person or entity causing the said
damaged or destruction shall replace the same.

The Local Government Unit shall not accept cash as reparations.

SECTION 7. Reportorial Requirements.

Reports of the all the damages or destruction incurred shall be reported to the appropriate Local
Government Unit department.

SECTION 8. Fines.

Any person who cause the damage or destruction and fails to make reparation of the same within
a period of thirty (30) days from the date of the occurrence of the damage or destruction shall be fined
as follows:

First offense – P 500.00

Second offense – P1,000.00
Third offense – P 2,000.00

SECTION 9. Separability Clause.

Should any provision of this Ordinance be found unconstitutional by a court of law, such provision shall
be severed from the remainder of this Ordinance and such action shall not affect the enforceability of the
remaining provisions of this Ordinance.

SECTION 11. Effectivity Clause.

This Ordinance shall take effect fifteen (15) days following its publication through posting this Ordinance
in three (3) conspicuous places in the municipality.