TABLE OF CONTENTS

Book 1
ADMINISTRATIVE PROVISIONS

Title Page
CHAPTER I Declaration of Policy 1
CHAPTER II Vision and Mission 1
CHAPTER III Public Offices and Officials 1-2
CHAPTER IV Rules of the Sanggunian 2-19
CHAPTER V Programs, Projects and Improvements 19-20
CHAPTER VI Definition of Terms 21

Book 2
CODE OF GENERAL ORDINANCES

CHAPTER VII PUBLIC SAFETY

Article I Prohibiting the Construction or Setting-Up of a Basketball Goal 22

along Thoroughfares.

Article II Prohibiting the Installation and Placing of Metal Screen, 22

Strainer, Wire Mesh Along Canals.

Article III Prohibiting entry inside the Runway. 22

Article IV Maintaining the Safety and Potability of Drinking Water 22

Pursuant to Executive Order No. 01-93.

Article V Regulating the Use of Forklift and Heavy Equipment. 22-23

Article VI Prohibiting any Person from Depositing and Placing 23

Construction Materials Within the Road Right of Way.

Article VII Prohibiting Persons from Drinking Liquor in Public Places at 23

Anytime of the Day on Certain Exemptions.

Article VIII Imposing an Annual Registration Fee of P 100.00 to Cover 23-24

for the Vaccination and Tag for Every Dog In Every Barangay
in the City of Masbate.

Article IX Establishing a Fire Zone. 24-25

Article X Regulating the Use of the Streets and Sidewalks 25

Article XI Prescribing Safety Measures while Refueling at any Gasoline 26

Station.

Article XII Requiring Mandatory Drug Test on any Individual 26-27

Apprehended for Committing Crimes Against Person and
Property and Imposing Compulsory Drug Rehabilitation on
those Who Are Positive on Drug.

Article XIII Prohibition of the Sale of Liquor to Minors 27

Article XIV Prohibiting the Use of Device Aided Colored Lightings 28
in the City Public Market
Article XV Prohibiting the Breeding of Pigeon and Other Species of Birds. 28

Article XVI Prohibiting Kite Flying and Operation of Remote-Controlled 28

Scale Model Aircraft At the Masbate Airport.
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Article XVII Requiring One Lifeguard and One Security Guard in Every 28-29
Resort.

Article XVIII Requiring Banks to Put Up Video Monitoring Devices in their 29

Premises and Offices.

Article XIX Regulating the Installation and Display of Advertisement 29-31

Materials.

Article XX Regulating Vessels Approaching and Leaving the Masbate Bay 31

and for Other Purposes.

CHAPTER VIII HEALTH AND SANITATION

Article I Prohibiting and Penalizing the Burying of Cadavers 31-32

Outside The Public Cemetery.

Article II Requiring Households Engaged In Raising Pigs 32

to Put-Up Tank for Deposit of Manure.

Article III Prohibiting Person from Urinating and/or Defecating In Public 32

Places.

Article IV Rabies Control 32-34

Article V Intensification of the Use of Iodized Salt. 34-35

Article VI Requiring Administrators of Boarding Houses, Dormitories, 35

Rooms For Rents and the Likes To Set Up a Separate
Comfort Room For Their Male and Female Boarders.

Article VII Regulating Tonsorial And Beauty Establishments. 35

Article VIII Prohibiting Smoking in All Public Places Including Government 35-36
and Private Offices Except in Designated Areas.

Article IX Compulsory Submission of Certificate of Philhealth Premium 36-37

Remittance by All Private Business Establishments.

Article X Prohibition of the Sale of Cigar/ Cigarettes to Minors. 37

Article XI Smoking Ban on Minors 37

Article XII Establishing Mechanisms for the Prevention and Control of 37-41
Sexually Transmitted Diseases.

CHAPTER IX ENVIRONMENTAL PROTECTION

Article I Declaring Unlawful the Cutting and Destruction of Trees. 42

Article II Prohibiting the Dumping and Bringing Out of Garbage In 42

Streets, Sidewalks and Frontages of Residential Houses and
Establishments.

Article III Controlled Burning. 42-43

Article IV Prohibiting the use of Compressor-aided and Cyanide 43-44

Fishing.

Article V Adopting New Rules & Regulations for Solid Waste 44-53
Management System.

Article VI Regulating the Quarrying of Sand and Gravel Materials 53-54

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 Including Boulders Within One Hundred Meters Upstream and
Downstream of Permanent Bridges Constructed Across Rivers.

Article VII Regulating All Types of Construction, Renovation, Repair and 54-55
Reclamation of Foreshore Areas, Quarryingof Sand, Gravel
and Selected Barrow Materials And Transporting Same Within
Masbate City Without Permit Issued from the City Government
of Masbate.

Article VIII Mandating All Registered Owners of Public Utility Vehicles to 55-56
Allocate at least One Fourth of Its Side Portion Space Where to
Place/Draw The “Friendly Messages” Or “Slogans” That Will
Help Encourage Awareness And Instill Into The Hearts Of
Every Masbateño, Visitor And Transient Alike The Imperative
Of Protecting The Environment And The Mother Earth.

Article IX Establishing Masbate Coastal Resource Management 56-58

Interpretive Center.

Article X Regulating the activities within the Bugsayon Marine Sanctuary 58-60
in B. Titong.

Article XI Small Scale Mining and/or Quarrying Activities. 60-61

Article XII Mandating the Use of Bags out of Native Raw Materials as 61-64
Substitute to Commercially Manufactured Plastic Bags for
Reason of Sound Solid Waste Management, Abating Pollution
and the Protection of Health and Environment

CHAPTER X TAX GENERATION

Article I Requiring Copra Dealer to Post the Current Price. 64

Article II Fixing Monthly Rentals on Stall Along Tara Street. 64

Article III Fixing The Cost of Prime Lot at Barangay Espinosa. 64-65

Article IV Providing for the Sharing or Apportioning of the Proceeds of 65

Administrative Fines Collected From or Paid By Violators of
The City’s Traffic Rules And Regulations, Anti-Vandalism and
Anti-Littering Ordinances.

Article V Compulsory Confinement of Domesticated Animals such as 65-66

Cattle, Sheep, Carabao, Horses, Goats, Pigs And Dogs.

Article VI Imposing the Collection of Clearance Fees on Documents 66

Issued by The City of Prosecutors Office.

Article VII Revenue Code. 66-185

Article VIII Amending Article 67 Section 367 (D) of The Revenue Code. 185

Article IX Fishing the Rental of Farm Tractor by the City Government of 185-187
Masbate.

CHAPTER XI WOMEN & FAMILY

Article I
Masbate City’s Children Code.
187-203

Article II Providing Rules and Regulations In The Management and 203-204

Operation of the Crisis Center For Battered Women and
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 Abused Children.

Article III Operation and Management of The Crisis Center. 204

Article IV Curfew for Minors. 204-205

Article V Foster Families. 206-207

Article VI Anti-Trafficking in Persons. 207-210

Article VII Prescribing the Rules and Regulations on the Sale and 210-211
Distribution of Rubber Cement and other Addictive
Substances.

Article VIII Creating the Gender And Development Code for the City of 211-227
Masbate

CHAPTER XII ECONOMIC ENTERPRISE

Article I Authorizing the Bond Flotation of the City Government of 227-229

Masbate in the Amount Not Exceeding Three Hundred Million
Only, [P300,000,000.00] Under the Terms and Conditions
Herein Set to Fund The Construction and Development of the
Priority Projects and Further Authorizing the City Mayor to
Negotiate, Sign and Execute Contracts or Agreements
Pertinent thereto.
Article II Amendment to the Designation of the Guarantor of Bonds. 229

Article III Debt-Service Obligation. 229

Article IV Terms and Conditions of Bonds and Trust Agreements. 229-230

Article V Imposition of Fees in the Issuance of Certificate of Authority to 230

all Barangay Micro Business Enterprise.

CHAPTER XIII FISHERY

Article I Establishing Marine Sanctuary within the Municipal Waters. 230-231

Article II Regulating the Fishing Industry. 231-242

Article III Establishing the Bugsayon Marine Sanctuary. 242-243

Article IV Fishing Vessel Registration. 244-247

Article V Declaring an area of 200 Hectares more or less within the 247-250
Masbate Bay, Municipal Waters of Masbate City as Mariculture
Park and establishing basic mechanism for its operation and
providing funds thereof.

CHAPTER XIV GOVERNANCE

Article I Providing Rules and Regulations to Improve Meat Inspection 251-253

Services at the City Abattoir.

Article II Creating Masbate City Council for Youth Affairs. 253-255

Article III Establishment of the Local Price Coordinating Council. 255

Article IV Prescribing New Rules & Regulations in Fund Raising 255-256

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 Campaign/Solicitation.

Article V Establishing the Masbate City Material Laboratory Testing 256-258

Center and Imposing Fees for Test Services Rendered.

Article VI Providing the Policies, Procedures and Guidelines Governing 258-259

Affiliations for Practicum/On the Job Training of Students.

CHAPTER XV LABOR AND SOCIAL LEGISLATION

Article I Comprehensive and Continuing Development Program 259-268

for the Urban Poor Sector.

Article II Mandating all Business Permit Applicants for Trade Areas such 268-269
as Dressmaking, Tailoring, Cosmetology, Hotel and Restaurant
Servicing, Computer Service and Repair Shops, Motorcycle
Repair Shops, Automotive Shop, Welding and Fabrication,
Machine Shops, Electronic Repair Shop, Refrigeration and Air
Conditioning Shop and Bake Shop to have At Least One Tesda
Certified Worker as one of the requirements in the granting of
Permit to Operate a Business.

CHAPTER XVI AMUSEMENT

Article I The Establishment, Operation and Maintenance and 269

Entertainment Facilities.

Article II Regulating the Operation and Establishing of 269-270

Computer/Internet/Video Game Shops, Billiard Halls, Movie
Houses and Other Recreational Facilities Catering to Children.

Article III Regulating the Operation of Pub Houses, Disco Houses, 270-272
Videoke Houses and other Similar Business Establishments In
The City of Masbate and Providing Penalties for Violation.

Requiring Operators of Public and Commercial Amusement 272-273

Article IV Devices, Apparatus and Machines for Audio and Video
Entertainment in The City of Masbate to Secure Annual
Registration of the Units Before Operating the same and
Providing Penalties for Violation Thereof.

CHAPTER XVII PUBLIC MORALS

Article I Prohibiting the Removal, Defacement and other forms of 273

Vandalism on all City Signboards, Streamers, Traffic Signs,
Street Names and other Public or National Markers Posted on
Streets and other City Government Properties within the City.

CHAPTER XVIII URBAN PLANNING

Article I Zoning Ordinance. 273-302

Article II Requiring and Regulating the Numbering of Residential, 302

Commercial and other Building Structures in the City
Government.

CHAPTER XIX TRANSPORTATION

Article I Masbate City Traffic Code. 302-312

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Article II
Regulating all Kinds of Private and Public Vehicles to include 312
Tricycle and Motorcycles Passing Along Masbate Boulevard
Fronting Masbate Pass From 4:00 A.M To 5:30 A.M. Every
Morning from Monday to Sunday.

Article III One-Day Maintenance Scheme of Tricycle in the City of 312-313

Masbate.

Article IV Establishing Guidelines In The Franchising And Operations 313-317

Of Public Utility Tricycle.

CHAPTER XX TOURISM AND CULTURE

Article I Creating the Masbate City Council for Culture and the Art. 317-319

Article II Ordinance Declaring “Penelope is Panini” or Tarictic Hornbill 319

an Endangered Specie as the Official Banner of the City.

CHAPTER XXI EDUCATION, CULTURE AND SPORTS

Article I Requiring All Public and Private Schools Operating in the City 319
Of Masbate To Prohibit Its Students From Using Cellphones,
Two-Way Radios And Other Similar Communication Devices
Inside Their Classrooms Pursuant To DECS Order No. 70.

Article II Nagtatalaga Na Panuntunan Ng Disiplina Para Sa Mga Mag- 319-322

Aaral Sa Pribado At Pampublikong Paaralan Sa Lungsod Ng
Masbate.

CHAPTER XXII SEPARABILITY CLAUSE 323

CHAPTER XXIII EFFECTIVITY CLAUSE 323

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 FOREWORD

In February 12, 2008, the 3 rd City Council established and legitimized its legislative agenda
to serve as the blue print or road map for legislative action, guidance and reforms by virtue
of Resolution No.007-08.
This is basically in support of the City Executive, Hon. Socrates M. Tuason, in his state of
the City Address in June 2007, where he expressed his battle cry “SA KABUKIDAN,
KADAGATAN, KATAWUHAN…. ATON PROTEKTARAN” and reinforce our new vision
towards “A VIBRANT MASBATE CITY IN 2020” as an extension of the first projected
period from 2000 to 2010.
For his part, the City Vice Mayor and Presiding Officer of the 3 rd City Council, the Hon. Atty.
Allan B. Cos, in his acceptance speech, gave strength to the Executive Agenda in the name
of good governance, development and progress through teamwork and cooperation by and
between the two independent branches of the government, the Executive and the
Legislative.
By way of said legislation, the 3 rd Council has evolved a clear, meaningful and responsive
Executive and Legislative Agenda or “ELA” into a well-drawn blue print for legislative
guidance, direction, action and reforms.
The convergence of ideas and actions through the Executive and Legislative Agenda was
designed to sustain its significant victory in the fight against poverty, hunger, upliftment of
economy and quality of life, strengthen its resolve in the protection and conservation of our
environment, and be aggressive in addressing the basic concerns of the people which are
primarily enshrined in the appropriation ordinance in accord with the national goals of
National Government.
Corollary to and in support of the vision, there were several specific and major legislations
envisioned as part of the Executive-Legislative Agenda: The amendment to the Revenue
Code, Investment Code, Gender and Development Code, Tourism Code, Amendment to the
Traffic Code, Amendment of the Comprehensive Land Use, Housing and Zoning,
Construction of PNP Office, City Livelihood and Development Center, Establishment of City
Schools and Computer Center and City Information Center, Codification and the Creation of
the Legislative Backstopping Committee, Reactivation of City Councils and the
Strengthening of Cooperatives and the putting up of clinics for upland and coastal
barangays.
The advent of the 1991 Local Government Code of the Philippines and for almost Twenty
(20) years from now, the then Municipality and now City of Masbate has generated
voluminous laws or ordinances. A situation that provides no safeguard that those
ordinances that were repealed or amended will continue to be carried in the Book of
Ordinances. Hence, the urgency of Codification; which does not simply compile and
arrange revised, amended and existing ordinances in order, but it also obviates serious
problems and complications arising from confusion, misinterpretation, conflicting
interpretation and inconsistencies. This is an approach designed to harmonize policies and
ordinances for purposes of clarity and convenience as well as for easy understanding,
acceptability and smooth enforcement of laws.
Codified laws will now provide a handy guide and reference for local officials, legislators,
businessmen, sectoral groups, prospective investors and the general public.

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 Republic of the Philippines
CITY OF MASBATE
Tel # (056) 333-63-30
City Hall Compound, Masbate City

OFFICE OF THE SANGGUNIANG PANLUNGSOD

EXCERPTS FROM THE MINUTES OF THE 126th REGULAR SESSION OF THE 3rd
SANGGUNIANG PANLUNGSOD HELD AT LEGISLATIVE SESSION HALL, MASBATE CITY ON
APRIL 20, 2010
Introduced by: Hon. ALLAN B. COS - City Vice Mayor/Presiding Officer
Hon. RUBY M. SANCHEZ - City Councilor
Hon. ALBERTO R. ABAYON - City Councilor
Hon. JOSE RODOLFO B. CORTES, III - City Councilor
Hon. LUCIO J. AGUILAR, JR. - City Councilor
Hon. JOVEN N. AGUILAR - City Councilor
Hon. JESUS E. DELA ROSA - City Councilor
Hon. DENNIS S. PLACER - City Councilor
Hon. RUDY O. YANEZA, JR. - City Councilor
Hon. JONA A. REY - City Councilor
Hon. MARIO R. ESPINOSA - City Councilor
Hon. ALEX D. SAN PABLO - Ex-Oficio/Liga President
Hon. ROGER D. DUGAN III - Ex-Oficio/SK Fed. Vice-President

ORDINANCE NO. 114-10

CODIFYING THE GENERAL CODE OF ORDINANCES OF THE CITY OF MASBATE

Be it ordained by the Sangguniang Panlungsod of the City of Masbate in session duly assembled,
that:

Book 1
ADMINISTRATIVE PROVISIONS

CHAPTER I
DECLARATION OF POLICY

Pursuant to Section 4 of Republic Act 8807 otherwise known as an Act Converting the
Municipality of Masbate into a Component City of the Province of Masbate to be known as
the City of Masbate, shall exercise the power to levy taxes, close and open roads, streets,
alleys, parks or squares; to take, purchase, receive, hold, lease, convey and dispose of real
and personal for the general interests of the City; to appropriate or condemn private
property for public use; to contract and be contracted with, to sue and be sued; to prosecute
and defend to final judgment and execution suits wherein the City is involved or interested in
and to exercise all the powers as are granted to corporations or as hereinafter granted.

CHAPTER II
VISION AND MISSION
Vision:
The people of the City of Masbate will have a good quality of life through a competitive trade
and productive agro-industrial economy in an environmentally sound community.

Mission:
We commit to serve the people to the highest standard of public service in improving the
quality of life through socio-economic programmes and a balanced ecology.

CHAPTER III
PUBLIC OFFICES AND OFFICIALS

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Office of the City Mayor
Office of the City Vice Mayor/Sangguniang Panlungsod
Office of the Sangguniang Panlungsod Secretary
Office of the City Administrator
Office of the City Planning & Development Officer
Office of the City Budget Officer
Office of the City Accountant
Office of the City General Services
Office of the City Treasurer
Office of the City Assessor
Office of the City Legal Officer
Office of the City Civil Registrar
Office of the City Health Officer
Office of the City Social Welfare & Development
Office of the City Agriculturist
Office of the City Veterinarian
Office of the City Environment & Natural Resources Officer -
Office of the City Cooperative Officer
Office of the City Building Official
Office of the City Engineer
Office of the City Market
Office of the City Slaughterhouse
Office of the City Fish Complex
- Hon. Socrates M. Tuason
- Hon. Allan B. Cos
- Mr. Oscar A. Espenilla
- Mr. Isaias T. Bigol, Jr.
- Mrs. Rowena R. Tuason
- Ms. Laura V. Marcaida
- Mrs. Gloria Du-Dolendo
- Ms. Bernardita S. Dalanon
- Mrs. Cleofe R. Espenilla
- Mr. Mabini B. Estrada
- Atty. Prudencio B. Densing, Jr.
- Mrs. Marilou E. Francisco
- Dr. Victoria P. Manalo
- Mrs. Evelyn C. Somera
- Mr. Rogelio S. Magalang, Sr.
- Dr. Wayne F. Laurio
Mr. Alexander C. Albao
- Mr. Adelmo M. Comedor
- Engr. Polishir S. Recinto
- Engr. Manuel D. Du
- Mr. Norman S.Laurio
- Mr. Arvin R. Amador
- Mr. Ernesto T. Valencia

CHAPTER IV
RULES OF THE SANGGUNIAN
Internal Rules of Procedure of the 3rd Sangguniang Panlungsod of Masbate City

Pursuant to the provision of section 50 (a) and (b) of Republic Act No. 7160, otherwise known as the
Local Government Code of 1991, the 3 rd Sangguniang Panlungsod of Masbate City hereby
promulgates and adopts the following rules and procedure to govern its legislative proceedings:

SESSION OF THE SANGGUNIANG PANLUNGSOD AND ITS PROCEDURES

SECTION 1. Session. The session of the Sanggunian may either be regular or special.

(a) Regular Session. The regular session shall be held at 2:00 P.M. every Tuesday at the
Session Hall of the Sanggunang Panlungsod. However, if Tuesday falls on a Holiday
the session shall be held on the next succeeding day. Out-of-town session may be
allowed upon motion of any member and approved by the majority of the members
present.
(b) Special Session. When public interest so demands, or in case of emergency, special
session may be called at the instance of the City Mayor or by a majority of all the
members of the Sanggunian. A written notice to the Sangguniang members stating the
date, time place and purpose of the session shall be served personally or left with a
member of the staff at the office at least twenty four hours before the special session is
held. Unless otherwise agreed upon by two-thirds vote of the members present, there
being a quorum, no other matter may be considered at a special session except those
stated in the notice.

All session shall be open to the public unless a close door session is ordered by an affirmative vote
of majority of the members present, there being a quorum, in the public interest or for reason of
security, decency, or morality.

No two sessions, whether regular or special may be held in a single day.

SECTION 2. Agenda. Preparation of the agenda of business for the regular or special session shall
be the primary responsibility of the Secretariat. For purposes of preference, only subject matter such
a endorsements, letters, communication and position papers addressed to the Sanggunian which
need legislative action or for the necessary information of the Sanggunian members in aid of
legislation received by the City Secretary on or before 12:00 noon of every Friday shall be included
in the agenda unless there is an urgent request from the City Mayor or City Vice Mayor to include a
particular subject matter. Committee reports for inclusion must be submitted to the Secretarial not
later than 12:00 noon of every Friday unless it is certified urgent by the City Mayor or the City Vice
9
Mayor. Committee reports received by the Secretariat after the cut-off time shall be calendared for
the succeeding session.

All subject matters for inclusion in the agenda other than proposed ordinance or resolutions or
committee reports must be endorsed by an appropriate office or agency. As a general rule, all
contracts, agreements or memoranda, must be endorsed by or with authorization from the City
Mayor. All proposed creation or abolition of position or offices, merger of offices or reorganization of
offices, donation or accepting donation, or proposals to impose tax, fees or dues must be endorsed
by the City Mayor in addition to endorsements of appropriate offices concerned. Communications,
letters or endorsements received by the Sanggunian but not addressed to it shall not be included in
the agenda unless directed by the Presiding Officer. Ordinance or Resolutions for review from the
Barangay which need action from the Sangguniang Panlungsod need not be endorse either by the
City Mayor ‘s Offices, City Legal Offices or the Offices of the Community Budget Officer before it is
submitted for review.

SECTION 3. Adjourned session. An “adjourned Session” may be held:

a) By a majority of the members present in a session where there is NO quorum, wherein

they may decide to adjourn from time, or day to day and compel the attendance of the
absent members in order to obtain the necessary quorum; and
b) By a majority vote of the members present in any regular or special session, there being
a quorum, in order to finish very important business which needs immediate action.

SECTION 4. Procedures. About three minutes before the appointed time of the session, the
Secretary shall inform the members of the Body about it and request them occupy their proper seats.
He shall then inform the Presiding Offices that all is ready for the start of the session.
While the Presiding officer is entering the session hall, the Secretary shall make following
announcement:
Ladies and gentlemen, the session of the Honorable Sangguniang Panlungsod with the Hon.
(Name of the Presiding Offices), presiding is about to commence. Everybody is requested to rise.”
The Chair now call the session to order followed by the rapping to the gavel.

SECTION 5. Quorum

(a) A majority of the member of the Sanggunian who have elected and qualified shall
constitute a quorum to transact official business.
(b) Other interpretations to the country notwithstanding, the term “elected and qualified” shall
be construed to include not only the regularly elected and ex-officio members but the
sectoral representatives.
(c) In computing the presence of a “quorum” the term “majority” shall be based on the actual
membership or incumbents in the Sanggunian which shall exclude the following:
 Presiding Officer (regular); or the temporary presiding officer;
 A member who is abroad or on official leave of absence;
 A deceased member;
 A member who has resigned;
 A member who has been suspended or expelled or removed by final judgment.
(d) At the appointed time of any session, the Presiding Officer, (regular or temporary as the
case may be) shall call the session to order, with or without a quorum. In the absence of
a quorum after calling session to order, the Presiding Officer may perform any of the
following:
(1) Adjourn the session from hour if the attendance of the other member is desired;
(2) Adjourn the session from day to day; or
(3) Adjourn the session for lack of quorum
(4) During the session which has started with a quorum but subsequently a question of
quorum is raised by any member, the Presiding Officer shall immediately cause the
reading of the roll of member and announce the result thereof and then declare
whether there exists a quorum or not. (A request or motion to determine the presence
of a quorum is not debatable).
(5) For lack of quorum, the Presiding Officer may declare a recess of not more than one
hour and wait for other members to come; or a majority of the members present may
adjourn from time to time or day to day and may compel the immediate attendance of
any member absent without justifiable cause by designating a member of the
Sanggunian, to be assisted by a member or members of the Police Force to arrest
the absent member and present him at the session hall. If there still no quorum
10
 despite the enforcement of the above remedial measures, the Presiding Officer may,
“muto propio”, or upon proper motion from the floor duly adopted by the body, then
declare the session adjourned for lack of quorum.
SECTION 6. Order of business. The order of Business of the Sangguniang Panlungsod shall be as
follows:
a) Call to order
b) Prayer
c) National Anthem
d) Roll Call of the Members
e) Reading & Consideration of the Minutes
f) Question Hour
g) Privilege Hour
h) First Reading and Referral
i) Committee Report
j) Calendar of Business
 Unfinished Business
 Business for the Day
 Unassigned Business
k) Other Matters
l) Announcement
m) Adjournment

SECTION 7. State of the City Address. At the opening of the regular session of the Sangguniang
Panlungsod every calendar year or at any day in January which the City Mayor may find more
reasonable, the City Mayor shall be invited by the Sangguniang Panlungsod to render his State of
the City Address, where such address is scheduled. However, the City Mayor may likewise render
said State of the City Address at anytime of the year in any regular session of the City Council when
the City Mayor believes there is an urgent and compelling need to render the same in the interest of
the public provided such address shall not exceed twice during the year.

SECTION 8. Journal Of Proceeding and Minutes. The Sanggunian shall keep a Journal and Minutes
of the proceedings.

a) Journal of Proceedings. Refer to the detailed account of the deliberation of the business for
that session and action taken thereon.
b) Minutes. Refer to the record, which consists merely of a brief account of what has taken
place at a session.

SECTION 9. Legislative Process. In the enactment of ordinance and adoption of resolution including
other matters requiring legislative actions, the following rules shall be observed:

a) Legislative action of a general and permanent character shall be enacted in the form of
ordinance, while those of temporary character shall be passed in the form of resolution.
Matters relating to levy, tax, or measures which carry penal sanctions, appropriations
creation or abolition of office, creation or abolition of positions, codifications or amendments
of existing ordinances or guidelines, which would be more or less permanent, shall be in the
form of an ordinances. Matters relating to propriety functions and to private concerns or
expressing the sentiment of the council shall also be acted upon by resolution.
b) Proposed Ordinances and Resolution shall filed with the Secretariat in writing and shall
contain an assigned number, a title or caption, an enacting or ordaining clause, an and the
date of its proposed effectivity. Every proposed ordinance shall be accompanied by a brief
explanatory note containing the justification for its approval. It shall signed by the authors
and submitted to the Secretary to the Sanggunian.
c) A resolution shall be adopted in the same manner prescribed for an Ordinance, except that it
need not go through the third reading for its final consideration when properly moved and
approved by a majority of all the sanggunian members.
d) No ordinance or resolution shall be considered on second reading in any regular meetings
unless it has been reported out by the proper committee to which it was referred to or
certified urgent by the Local Chief Executive.
e) Any legislative matter duly certified by the Local Chief Executive as urgent whether or not in
the calendar of business may be presented and considered by the body at the same meeting
without need of suspending the rules.
f) The Secretary to the Sangguniang shall prepare copies of the proposed ordinance or
resolution in the form it was passed on second reading, and shall be distributed to each

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 Sangguniang Member a copy thereof except that a measure certified by the Local Chief
Executive concerned as urgent may be submitted for the final voting immediately after
debate or amendment during the second reading.
g) No ordinance or resolution passed by the Sanggunian in a regular or special session duly
called for the purpose, shall be valid unless approved by a majority of the members present,
there being a quorum. Any Ordinance or Resolution authorizing or directing the payment of
money or creating liability shall require the affirmative vote of majority of all Sangguniang
Members for its purpose.
h) Upon passage of an Ordinance or Resolution directing the payment of money or creating a
liability, and all the request of any member, the Secretary shall record the names of those
who voted for or against said measure. Each approved Ordinance or Resolution shall be
stamped with seal of the Sanggunian and recorded in a book kept for the purpose.

SECTION 10. Privilege Hour. The following shall be observed in availing the Privilege Hour:

a) It shall be availed of only by a member of the Sangguniang Panlungsod during a regular

session on any subject related to the governance of the City of Masbate;
b) The privilege should not exceed ten minutes;
c) A member availing of the privilege should notify the Secretary to the Sanggunian Panlungsod
at 12:00 noon on Friday and the same must be included in the agenda of business;
d) The privilege hour must be used for the purpose of improving government service calling
attention to an injustice, administrative lapses or any information where the members need to
know for legislation purposes. Privilege hour should not be rendered to destroy the
reputation or good name of any person or office or entity and allegations thereof must be
factual, truthful and make in good faith and never to destroy character in the guise or
parliamentary immunity. The speaker shall take full responsibility for his speech.

SECTION 11. Question Hour. The following rules shall be observed in the use of question hour:

a) It can be availed of only by a member of the Sangguniang Panlungsod during a regular

session:
b) Only Department Heads and employees of the City Government may be invited for question
hour of the functions and operations of their offices. Officials of national agencies with local
offices may likewise be invited on a voluntary basis or with the consent of their mother units;
c) Requests for question hour may be made orally in open session or through a written request
and filed with the Secretary to the Sangguniang Panlungsod at least five days before the
succeeding session day. It shall contain specific issues or questions to be asked of the
invited guest. No questions or issues may be asked of the guest outside of the issues
indicated in the invitation unless the guest consents thereon. The guests may however
refuse to answer a query on reasonable grounds.
d) The purpose of the question hour is to clarify or define matters related to a pending
legislation and not to find issues for purposes of investigation. Thus, a department head or
personnel invited must be treated as a guest. The Presiding Officer shall not allow a guest to
be badgered, humiliated or threatened. A guest may decline to answer a particular question
if he believes the same is outside the area of inquiry.

SECTION 12. Approval of Ordinance and Veto Power of the Local Chief Executive. The approval of
the ordinance by the City Mayor, as the case may be, and the exercise of his veto power shall be
governed by the following rules:
a) Every ordinance enacted by the Sanggunian shall be presented to the City Mayor for his
approval. If he approves the same, he shall affix his signature on each and every page
thereof, otherwise, he shall veto it and return the same with his objections to the Sanggunian,
which may proceed to reconsider the same. The Sanggunian may override the said veto by
two-thirds vote of all its members thereby making the Ordinance or Resolution effective for
all legal intents and purposes.
b) The veto shall be communicated by the City Mayor within ten days otherwise, the Ordinance
shall be deemed approved as if he has signed it. All such Ordinances transmitted to the City
Mayor and the later failed to act upon within the prescribed period of ten days shall be
deemed have lapsed into effectivity and the Secretary to the Sanggunian shall properly
uniform the Sangguniang Panlungsod after which he shall stamp the retained copy “LAPSED
INTO EFFECTIVITY” on its face and indicate the date of effectivity therein.
c) The City Mayor may veto any ordinance of the Sanggunian on the ground that is “ultra vires”
or prejudicial to the public welfare, stating his reasons therefore in writing.
d) The City Mayor shall have the power to veto any particular item or items of an Appropriation
Ordinance, an Ordinance or Resolution adopting a local development plan and public
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 investment program or an Ordinance directing the payment of money or creating liability. In
such case, the item in the Ordinance shall not take effect unless the Sanggunian overrides
the veto in the manner as provided in this section, otherwise, the item or items in the
Appropriation Ordinance of the previous year corresponding to those vetoed, if any shall be
deemed re-enacted.
e) Only the City Mayor has the authority to approve or disapprove an Ordinance or Resolution
most especially if the same provides for collection of levy or has penal clause or calls for the
payment or performance of an obligation, creation or abolition of an office or position.
Resolution of the Council which merely expresses the sentiment of the Council need not be
approved by the City Mayor.

SECTION 13. Three Reading Principle. The “three reading principle” which is commonly adopted in
legislative bodies shall be followed by the Sanggunian. Hence before an ordinance or resolution is
finally enacted, it shall undergo the following stages:
a) First Reading – At this stage, the Secretary shall read the number of the proposed draft
ordinance or resolution, its title, name of the author or authors or the name of the
members introducing it. Thereafter, the Presiding Officer shall refer it to the appropriate
committee, which shall thoroughly study and evaluate the proposed ordinance through a
committee meeting with resource persons and if necessary,conduct a public hearing only
after all aspects of the issues have been resolved at the committee level. After referral,
the Committee is given fifteen working days for the study and conduct of committee
meetings/public hearing including thesubmission of the committee.
b) Second Reading – At this stage, any proposed ordinance or resolution that has already
been reported out by the concerned committee and has been calendared for “Second
Reading” may be sponsored by the reporting committee chairman, or his duly vice
chairman or any committee member designated or authorized for that purpose. Since
every member of the Sanggunian is supposed to have been furnished a copy thereof, the
proposed ordinance or resolution may no longer be read in full unless the sponsoring
committee or the Sanggunian itself decides otherwise.

After the usual sponsorship speech has been delivered, the proposed ordinance shall be
subjected to the following as part of the period second reading:
 Period of Debate
 Period of Amendment
 Approval on “Second Reading”
Votes may be taken at any of these stages should there be motions duly seconded made
on the floor to this effect.

c) Third (Final) Reading – At this stage, the Secretary shall read the draft of the proposed
ordinance by its number, title and the name of its author, sponsor or co-sponsor, if any.
Immediately thereafter, the Presiding Officer shall put the proposed ordinance or
resolution to a vote. The Presiding Officer shall then formally announce the result thereof
and directs the Secretary to enter it in the record. As a general rule, the third reading
stage shall not be dispensed with in the case of an ordinance. It may however be done in
case of a resolution. No amendment shall be made at this stage except by Two-Thirds
vote of all members of the Sangguniang Panlungsod.

SECTION 14. Method Of Voting. At the option of the Presiding Officer or upon motion of any
member, voting shall either one of the following methods:
a) By raising the hand (or show of hand);
b) By ballot; or
c) By normal voting (or roll call)

SECTION 15. Putting The Question To A Vote. The Presiding Officer shall rise whenever he is
putting a question to a vote. In taking a vote, the Presiding Officer shall take first the affirmative
votes and then the negative votes. While still in the standing position the Presiding Officer shall
announce the result thereof.
DUTIES AND RESPONSIBILITIES OF THE MEMBERS

SECTION 16. Disclosure of Interest. Every member of the Sangguniang Panlungsod shall make a
full disclosure of his financial and business interests as required of him under Art. 104. Rule XVII of
the Rules And Regulations Implementing the Local Government Code of 1991 before assumption of
their duties and responsibilities.

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SECTION 17. Attendance in Sessions. Every member is by law required to attend all sessions of the
Sanggunian and he shall be considered absent unless he submits to the Secretary the official
supporting documents such as Medical Certificate for reason of sickness, Travel Order when on
official travel and Application forLeave or other unavoidable circumstances, provided that, proper
written notice of the circumstance of such absence shall be sent to the Sanggunian thru the
Presiding Officer or the Secretary.

SECTION 18. Voting on Issues. Every member is required to vote on every question or proposed
measure being voted upon by the Sanggunian. Abstentions may only be allowed upon showing that
the member concerned has a pecuniary interest, either directly or indirectly on the matter being
acted upon by the body.

SECTION 19. Proper Decorum. Every member shall observe proper decorum during sessions. A
member shall address his fellow member in the third person. Members shall treat each other with
utmost courtesy and respect that behooves their high office. No personal attack or innuendo during
session shall be allowed. Members shall not leave nor roam around the room while the session
going on. The Presiding Office may call the attention of any erring member at any stage of the
session.

SECTION 20. Attire. Every member shall wear appropriate attire during sessions. As a general
rule, maong-skirts or pants, T-Shirts, runner shoes or sandals shall not be allowed. Men shall wear
either barong Filipino with long sleeves or coat & tie, and ladies in Filipina dress or any formal dress
deemed appropriate.

SECTION 21. Discipline of Member. The Sanggunian shall have the right to discipline its members
for disorderly behavior and absences without justifiable cause for four consecutive sessions, for
which they will be censured, reprimanded, or excluded from the session, suspended for not more
than sixty days, or expelled; Provided that the penalty of suspension or expulsion shall require the
concurrence of at least two-thirds votes of all the Sanggunian members: Provided, further, that a
member convicted by final judgment to imprisonment of at least one year for any crime involving
moral turpitude shall be authomatically expelled from the Sanggunian. In case of disciplining a
member on ground of unjustified absences, the action may be initiated through motion or resolution
presented by any member during regular session. Action that may be imposed shall not go beyond
expulsion of a member.

SECTION 22. Switch off Radios, Cellphones, Etc. When inside the session hall and the session has
begun, no member or visitor inside the hall shall be allowed to open or communicate through radios,
cell phones or any means that will disturb order inside the hall.
Members must switch to silent mode all cell phones or radios whenever inside the hall. They may
however take or answer their calls outside the hall.

DUTIES AND RESPONSIBILITIES OF THE OFFICERS

SECTION 23. City Vice Mayor – The City Vice Mayor shall be the Presiding Officer of the
Sangguniang Panlungsod and shall have the following powers and duties, to wit:
a) To preside over all regular and special sessions sof the Sangguniang Panlungsod and sign
all pages of the Ordinances and Resolutions adopted during such sessions within reasonable
time but not to exceed ten days, starting from the date of his receipt thereof from the
Secretary to the Sangguniang panlungsod. If after the period of ten days an Ordinance or
Resolution is not signed by the Presiding Officer, the Secretary to the Sangguniang
Panlungsod shall forward the same to the City Mayor for appropriate action. The Presiding
Officer is, however, hereby authorized to sign the said measure even after the lapse of ten
days, provided, that the Sangguniang Panlungsod is so informed in writing before the
expiration of the period, specifying therein the extension he requires and stating his reasons
therefore. The Sangguniang panlungsod, however, may upon a nominal majority vote of the
members, direct him to sign the measure within a definite period so specified.
b) To enforce the internal rules and procedure of the Sanggunian;
c) To approve the agenda of business upon recommendation of the Chairman on Committee on
Rules and privileges. However, if for any reason the Committee Chair refuse or is unable to
recommend the agenda, after a sufficient time the approval of the Vice Mayor is sufficient
that it be discussed on the fool.
d) To call the Sangguniang Panlungsod meeting to order and, where a quorum exists, to order
the reading of the minutes of the previous session(s) and after the Sangguniang Panlungsod
shall have acted on the said minutes, to approve in accordance with these rules with the

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 discussion and disposition of the matters indicated in the order of business as set forth in the
agenda.
e) To decide all points of order;
f) To state all question before the Sangguniang Panlungsod and put the same into a vote and
properly move and announce the result thereof;
g) To recognize any member who is entitled to the floor;
h) To temporarily relinquish chair to ranking Sangguniang Panlungsod member should he opts
to participated in the discussion provide that the latter would immediately resume his rule
after the consideration of the measure;
i) To assist in expending business compatible with the rights of the members, allowing brief
comments or clarificatory question or remarks in cases of pending debatable motions,
provide that as a general rule he shall not express himself either for or against the said
measure or question while presiding. When a question is pending on the floor, the Presiding
Officer shall refrain from participating in the debate or expressing his preference;
j) To rule on all pending questions, subject to appeal by members of the Sangguniang
Panlungsod, which appeal shall be debatable. Any member appealing may explain his
appeal for not more than five minutes at the same time that the ruling was made. Any ruling
on an appeal may be submitted to the Sangguniang Panlungsod for its approval or
disapproval. A majority vote is sufficient to carry or defeat the motion.
k) To authenticate, whenever necessary, all order, acts and proceedings of the Sangguniang
Panlungsod, declaring its will and obeying its command;
l) To maintain an orderly procedure, he may take such appropriate measure to restore
decorum;
m) To declare a recess during sessions any time he deems it necessary provided that the
duration of the recess is less than fifteen minutes;
n) To declare the session adjourned to some other time or place, in case of fire or riot, serious
disorder or great emergency;
o) To refer to appropriate committee all items included in the Agenda after the first reading;
p) To cast his vote to break the tie after a vote on a question has been taken;
q) To sign and attest to the approval of the Sanggunian all legislative measures before it is
submitted to the Local Chief Executive;
r) To be the Administrative Head of the Office with the following powers and duties, to wit:
(i) To sign all warrants drawn on the City Treasurer for all expenditures appropriated for
the operation of the Sangguniang Panlungsod;
(ii) Subject to civil service law, rules and regulations, to appoint all officials and
employees of the Sangguniang Panlungsod, except those whose appointment is
specifically provided for by law.

s) To exercise the power and perform the duties and functions of the City Mayor in case of
temporary vacancy as provided for by law.
t) To exercise such other powers and perform such other functions as may be prescribed by
law or ordinance of the Sangguniang Panlungsod.

SECTION 24. Secretary of the Sanggunian. The Sangguniang Panlungsod shall have a Secretary
who shall be appointed by the City Vice Mayor. In addition to the duties prescribed by Republic Act
7160, the Secretary of the Sangguniang Panlungsod shall perform the following functions and
duties, to wit:

a) To receive and certify all draft ordinances, draft resolution, communications and other
measures and see to it that it conform with the rule of construction before it is calendared in
the agenda;
b) To attend all sessions of the Sangguniang Panlungsod
c) To prepare the agenda and to certify the journal of proceedings and minutes of the
Sangguniang Panlungsod;
d) To review and prepare or cause preparations of referrals of all items from the committee or
the Sangguniang Panlungsod itself;
e) To read or cause to be read, by himself all proposed ordinances, motions, memories,
petitions and other documents which he shall report to the Sangguniang Panlungsod or
through the Presiding Officer;
f) To immediately transmit within three working days to the proper committees all matters
referred to by the Sangguniang Panlungsod;
g) To forward to the City Mayor ordinances and resolutions enacted or adopted and duly
certified as such by the Council Secretary, signed by the author/co-authors and sponsor/co-
sponsors and attested by the Presiding Officer within ten days after their enactment or

15
 adoption and report back immediately to the Sanggunian members the action taken by the
Mayor;
h) To report to the Sanggunian members all ordinances and resolution approved in the previous
week during the following regular session;
i) To keep and affix Sanggunian seal and attest all ordinances and resolutions approved by the
Mayor;
j) Upon request, furnish certified copies of all records and documents in his charge not
otherwise classified confidential, upon payment to the local treasurer of the fees prescribed
by ordinances;
k) To keep his office and all records therein which are not of confidential character open to
public inspection during the usual business hours;
l) To carry out or enforce orders and decisions of the Sanggunian when such duty devolve
upon him;
m) Complete within one year after the close of the session the printing and distribution to the
members of the record of the Sanggunian for said session and of the ordinances and
resolution passed and adopted during the same, properly indexed, each member being
entitled to one copy thereof;
n) To submit to the Presiding Officer all contracts and agreements for his approval;
o) To prepare and distribute to all members of the Sangguniang Panlungsod the amended
copies or approved ordinances and resolutions included in the agenda;
p) To issue a certificate of Finality after the lapse of thirty days that a particular barangay
ordinance submitted for review is no longer under consideration and is deemed approved by
the Council as a prerequisites to its validity pursuant to Sections 57 and 458 of the Local
Government Code;
q) To send out notices of all special, other meetings and public hearings;
r) To cause the publication of all ordinances or other enactments when required by law or by
such ordinance;
s) To perform other duties that may be delegated from time to time by the Sangguniang
Panlungsod or the Presiding Officer.
Subject to the supervision and control of the Presiding Officer, the Secretary shall be the immediate
chief of the personnel of the Sanggunian and shall be responsible for the faithful and proper
performance of their official duties.

SECTION 25. Temporary Presiding Officer. The Temporary Presiding Officer can be elected from
among the members of the Sanggunian who, shall temporarily exercise all the powers, duties and
functions of the Presiding Officer whenever the latter is absent and unavailable but not in official
leave during the sessions of the Sanggunian. The temporary presiding officer can relinquish the
chair to any member with approval of the majority of the member.
The Temporary Presiding Officer, as the case may be, shall attest within ten days from the
passage of Ordinances enacted or resolutions adopted by the Sanggunian in the session over which
he temporary presided.

SECTION 26. Sergeant-At-Arms. The Sergeant-at-Arms shall be elected by majority vote of all the
members at the commencement of each Sanggunian.
It shall be designated from the rank of the security units or by regular/casual employees by the
majority of all the members of the Sanggunian with the following duties and powers:

a) To personally present in all session of the Sanggunian unless excused by the Presiding
Officer;
b) To strictly enforce the rules relating to admission to the Session Hall;
c) To be responsible for the security and maintenance of order during the session of the
Sangguniang under the direction of the Presiding Officer, whether in session or not;
d) To be responsible for the safety of the members while in the Sangguniang premises.

VOTES AND VOTING

SECTION 27. Voting on the Question. Whenever nominal voting (or call voting) is resorted to, the
Secretary shall call the roll of the members either in alphabetical order or by rank. As each name is
called, the members shall announce his vote by stating, “Yes” or “No”, as the case may be. A
member explain his vote but not to exceed two minutes.
A second roll call may be requested by any member for the Chair but this time only the
names of those who failed to vote shall be called. This is to give another opportunity to those who
failed to cast their vote to exercise their right and also to determine the number of members who
might have violated the “rule on abstention”. After this second roll call, no other request of the same
kind shall be entertained by the Chair.
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SECTION 28. Voting Restrictions. No member can vote, or be allowed to vote, on any measure in
which he or any of his relative within the third degree of consanguinity or affinity, has a direct or
personal pecuniary interest. This rule, however, does not apply in voting for elective position in the
Sanggunian, where a member, as a matter of right, can vote for himself.

SECTION 29. Change of Vote. A member may change his vote only when the result of the voting
has not yet been announced by the Chair. Otherwise, ha can only change his vote by unanimous
consent of the members present. Provided that this rule shall not be applied if voting is by ballot.

SECTION 30. Vote By Late Comer. A member who comes-in-late during the session but who
happens to arrive while voting is in progress shall be allowed to vote, provided that the result of the
voting had not yet announced by the Chair.

SECTION 31. Allowable Motion During Voting. Except for a motion pertaining to a question of
quorum, or point of clarification on a question to be voted upon no other motion nor question not
debate shall be entertained by the Chair while voting is in progress.

SECTION 32. Tie Vote. A tie vote resulting from vote taken on any motion, measure or proposal
shall be construed to mean that the particular motion, measure or proposal is defeated, unless the
Chair decides to break it. Exception to this rule is when a “motion to appeal from the decision of the
Chair” is put to a vote and it resulted in a tie. In which case the tie vote is considered to sustain the
decision of the Chair.

SECTION 33. Breaking a Tie. In case of a tie, the Presiding Officer of the Sanggunian is allowed to
cast his vote if he so desire. He is, however, precluded from casting his vote in order to create a tie.

SECTION 34. Majority Vote of all the Members. As provided for under Republic Act 7160 and its
implementing rules and regulation, “majority vote of all members of the Sanggunian” is required in
the following circumstances:

a) Subject to the provisions of Book II of the Local Government Code and applicable laws and
upon the majority vote of all the members of the Sangguniang Panlungsod, enact ordinances
levying taxes, fees and charges, prescribing the rates thereof for general and specific
purposes and granting tax exemptions, incentives or relief;
b) Subject to the provisions of Book II of the Local Government Code and applicable laws and
upon the majority vote of all the members of the Sangguniang Panlungsod,authorize the City
Mayor to negotiate and contract loans and other forms of indebtedness;
c) Subject to the provisions of Book II of the Local Government Code and applicable laws and
upon the majority vote of all the members of the Sangguniang Panlungsod,enact an
Ordinances authorizing the floating of Bonds or other instruments of indebtedness for the
purposes of raising funds to finance development projects;
d) Appropriate funds for the construction and maintenance or the rental of buildings for the use
of the City and upon the majority vote of all the members of the Sangguniang Panlungsod,
authorize the City Mayor to lease to private parties such public buildings held in a propriety
capacity, subject to existing laws, rules and regulation;
e) Upon approval by a majority vote of all the members of the Sangguniang Panlungsod grant a
franchise (except MTOP franchise) to any person, partnership, corporation or cooperative to
do business within the City; establish, construct, operate and maintain ferries, wharves,
markets or slaughterhouse; or undertake such other activities within the City as may be
allowed by existing laws; Provided that, cooperatives shall be given preference in the grant of
such franchise;
f) Unless otherwise provided herein, the City Mayor Shall appoint heads of departments and
offices with the concurrence of the majority of all the members of the Sangguniang
Panlungsod members, subject to the Civil Service law, rules and regulations. The term
majority of the Sanggunian members shall mean all the actual members or incumbents in the
Sanggunian but shall exclude the Presiding Officer or a deceased member, a member who
has resigned, suspended or removed by final judgment, or is abroad or actually incapacitated
due to illness or confined in a hospital.

SECTION 35. Majority Of The Members Present (constituting a quorum). Except as provided in
Section 8 hereof, all other legislative matters or measures shall require only a “majority vote of the
members present therein having a quorum” for its passage, adoption or enactment, as the case
may be.

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SECTION 36. Plurality Vote. A decision of the Sangguniang through a “plurality vote” shall be valid
only and enforcement if it is the result of an election of officers of the Sanggunian or members of
committees, no legislative proposal or measure of whatever nature shall be passed, adopted or
enacted by this Sanggunian through a mere plurality vote.

SECTION 37. Percentage Vote. For purposes of this section a percentage vote shall be construed to
mean as a “proportion of a certain whole”. Percentage vote shall be applied in the following:
a) A two-thirds vote of all the members of the Sanggunian shall be required in overriding the
veto of the City Mayor for any ordinances or resolution, thereby making the particular
ordinance or resolution effective for all intents and purposes. (Section 54, RA 7160);
b) Unless otherwise concurred in two-thirds vote of all the members present, there being a
quorum, no other matters may be considered at a special session except those stated in the
notice (Section 52 (d) ,RA 7160);
c) The penalty of suspension or expulsion that may be imposed or meted out by the
Sanggunian to an erring member “shall require the concurrence of at least two-thirds vote of
all Sanggunian members”. (Section 50, b-5 RA 7160);
d) With the concurrence of at least two-thirds of all the members of the sangguniang, grant tax
exemption, incentives or relief to entities engaged in community growth-inducing industries;
e) Of the members present, there being a quorum, shall be required for the adoption of the
following motions:
(i) Motion to suspend the rules
(ii) Motion to expunge
(iii) Motion to extend or limit debate
(iv) Motion to call for the previous question/reconsideration

SECTION 38. Abstention. A member of the Sanggunian is representing the people and not
necessarily his own self and as such he should be required to take a stand, one way or the other, on
every issue or measure submitted for decision of the august body. Hence, it is hereby made as a
general rule that no member of the Sanggunian shall abstain from voting, except as provided under
Section 3, Rule II of this Internal Rules of procedure. Thus, an abstention shall be considered an
affirmative vote except in instances allowed by this rules.

This rule does not apply in voting for elective positions.

SECTION 39. Simple Majority. Except as otherwise provided in the Internal Rules of Procedure and
existing laws, rules and regulations, a vote by a “simple majority” shall prevail on other measures,
motions or propositions provided there is a quorum. In parliamentary parlance, the term “simple
majority” means one half plus one of the total vote cast by the members present there being a
quorum.

SECTION 40. Inhibition To Vote. A member may be inhibited to vote on legal grounds as
contemplated under Article 104 of the implementing Rules and Regulations of Republic Act 7160 or
upon motion by a member, however, refuses to inhibit himself muto propio, the question may be put
to a vote upon motion duly seconded. A majority vote of all the members present is required to
inhibit a member.

RULES ON DEBATE AND AMENDMENTS

SECTION 41. No member shall speak before the Sanggunian without first “obtaining the floor” . A
member who has obtained the floor shall address remarks to the Chair. He shall conduct himself
with proper decorum by confining his remarks or arguments to the question under debate and by
avoiding personalities.

SECTION 42. No member shall speak for more than five minutes on a particular issue or question
being debated upon unless allowed to do so by a majority of the members present.

SECTION 43. During the period of debate, every member shall observe the so-called “five- minute
rule”, i.e., remarks or argumentation by any member on each proposed issue shall not exceed five
minutes.

SECTION 44. The member rendering a committee report or delivering the sponsorship speech or a
proposed measure may move to open or close the debate within the Ten-minute period allowed of
him. If he fails to exercise his option, the Chair may use the “assumed motion” to open or close the
debate, or any member may formally move for it.

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SECTION 45. While having the floor, a member may be interrupted in his speech or talk by
Presiding Officer to state a point of order, to respond to questions from the floor, to clarify something
related to the issue being discussed or to make certain remarks.

SECTION 46. The speaker may also be interrupted by another member if the latter desires to ask
questions thru his privilege to interpolate and by proposing the following motions:
 Point of Order
 Point of Information
 Point of Parliamentary Inquiry
 Call for Orders of the Day
 Divide the Assembly
 Raise a Question of Privilege
 Reconsider
 Appeal from the Decision of the Chair.

SECTION 47. During the period of debate, no member shall be allowed to speak more than two
times when there are others who likewise wish to speak. He may be allowed another chance after
the Presiding Officer has ascertained that no other speakers have signified a desire to speak.

SECTION 48. All questions addressed to the speaker or the member having the floor must always
be coursed thru the Presiding Officer. Questions propounded must always be phrased courteously,
sufficiently brief, relevant and avoiding semblance of a cross examination or undermining the
character of another member.

SECTION 49. The speaker interpellated may decline to answer questions, if he does not so desire,
on reasonable grounds. During the period of interpellation, a member may not be allowed more than
three successive questions unless the other members refrain from interpellating.

SECTION 50. No member shall speak or vote against his own motion or proposition. He may,
however, be permitted to withdraw his motion or proposition and if denied he may vote against it.

SECTION 51. While the period of debate is in progress, no member shall roam around the session
hall or leave the premises without the permission of the Chair.

SECTION 52. A motion to close the debate is in order if at least three member have already spoken
in the affirmative side and two in the negative side; or, only one member has spoken in favor but not
against it, Provided, that a motion to close the debate is in order even when only two speakers have
spoken, one each for the affirmative and one for the negative, when no one objects to such motion.

SECTION 53. Subject to the requirement of the preceding Section, if no members moves to close
the period of debate, the Chair, “motu propio”, may use the “assumed motion” in order to close the
period of debate.

SECTION 54. When a motion “to call for the previous question” is proposed by a member, which
would result in the closing of debate on a pending question, a two thirds affirmative shall be required.

SECTION 55. Whenever the Presiding Officer is addressing the Sanggunian, no member shall leave
his seat nor interrupt the former in his talk.

SECTION 56. After the period of debate has been closed, the period of amendment shall
immediately follow. However, in certain highly divisive question, a motion to divide the house may
terminate the period of debate and the Chair shall “muto propio” submit a question to a vote even
before the period of amendments, provided that parties have adequately spoken for or against the
question.

SECTION 57. Unless a different method is adopted by the members present in a particular session,
amendments to any proposed measures, or parts thereof, shall be in seriatim. Under the seriatim
method, the proposed measure is read paragraph by paragraph or section by section and after each
one is read, amendments can be proposed and debate upon. Thereafter, a vote is taken on the
proposed amendment.
Eventually, this process will reach its conclusion and the original measure or proposition is
said to have passed the “second reading”.

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 COMMITTEES

SECTION 58. Creation Of Committees. The following rules shall be observed in the creation of
committees:
(a) A regular or standing committee may be created or re-organized by a majority
vote of all the members of the sanggunian.
(b) The Presiding Officer may recommend the creation or re-organization of any
regular or standing committee. The Sangguanian shall act on his recommendation
without debate and vote on it immediately;
(c) Special or Ad Hoc committee may be created upon the initiative of the Chair or
any member subject to the affirmative votes of majority of the members present,
there being a quorum.

SECTION 59. Composition. Every committee shall be composed of a Chairman and Vice-Chairman
and three members, at least one whom shall be from the majority.

SECTION 60. Restriction

(a) The Presiding Officer shall not be a member of any regular committee. However, he may
be designated by the body as Chairman of an Ad Hoc or Special Committee, provided
that the purpose or task for which the committee is created does not involve legislative
mattes being handled by that committee.
(b) No person other than the members of the Sanggunian shall be made a member of any
regular committee.
(c) No member of the Sanggunian Shall be made a Chairman of more than three regular
committees.
(d) No member shall participate in the committee’s deliberation if he has a direct or indirect
personal or pecuniary interest on the matters being handled by that committee.

SECTION 61. Public Hearing. No tax ordinance or revenue measure and other ordinances with
penal sanctions shall be enacted by the Sanggunian in the absence of a public hearing duly
conducted by the committee concerned.

SECTION 62. Committee Meeting. A committee meeting shall be attended by the committee
members unless majority of the members thereof decided to allow other members of the
Sanggunian or other persons to be present especially invited resource persons or consultants.

SECTION 63. Committee Hearing Distinguished From Committee Meeting. For purposes of this
Internal Rules, a committee hearing is an activity of the Sanggunian. Through its committees,
wherein the general public particularly those representing different sectors that may be interested or
affected by a proposed measure are invited to attend to hear and be heard on that matter. This is
synonymous to term “public hearing”. On the other hand, a committee meeting, as the term implies,
is a “meeting” of the members of the committee for the primary purpose of decision-making. Since
decision-making is a different task, the committee is not precluded from inviting and seeking advice
from technical persons.

SECTION 64. Committee Report And Orders. Committee report and orders on any resolution or
ordinance shall be considered in formal meetings.
When a committee submits a report, a member thereof shall be presumed to have concurred
in the report and shall be precluded from opposing the same during plenary debate unless he enters
his objection thereto, or files with the Council Secretary his dissenting vote in writing within seven
calendar days from inclusion thereof in the order of business, or unless, upon satisfactory
explanation made by the members concerned, the Presiding Officer should allow otherwise.

SECTION 65. Quorum. The presence of at least a majority of the members of the committee shall
constitute a quorum to do business, provided that notice of such meeting should have been given all
the members before it is held.

SECTION 66. Calling A Committee Meeting. A committee meeting may be called by the following:
a) Chairman
b) Vice Chairman
c) Majority of the Committee members
Provided, that due notice is served upon each and every committee member.

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SECTION 67. Voting In The Committee. A simple majority vote of the Committee members present
can officially dispose of a pending question. Thus, with the presence of four members including the
Chairman, two affirmative votes is sufficient to approve a given question. The Committee Chairman
cannot vote except in case of tie.

SECTION 68. Vacancy. Vacancy in a committee shall be filed:

a) By a majority vote for all member of the Sanggunian; or
b) By the Presiding Officer, by general consent (unanimous assent) of the members present,
there being a quorum.

SECTION 69. Appearance of Head of Department/Offices in Committee Meetings. The following

rules shall be observed in requesting for the appearance of heads of department or offices:
a) Official invitation or request by any committee to appear before it any head of department or
office, whether local or national, shall be coursed thru the Secretariat who shall then endorse
it to the City Mayor or the local head of a national office in the locality. The Department Head
concern shall be given at least two days notice.
b) The invitation or request shall specify the reason for such appearance or the assistance
needed, as the case may be.

SECTION 70. Mandatory Standing Committees. The Sanggunian shall, thru a resolution create the
following mandatory standing (or regular) committees:
a) Committee of Finance and Appropriation – All measures related to annual and supplemental
budgets of the City Government and Barangays appropriation ordinances and allocation of
funds for projects and other services and the argumentation of funds.
b) Committee on Women and Family – All measures related to women’s welfare, rights and
privileges, women’s organization, family welfare, family planning and all other matters related
to women and family welfare. Since children are part of families, it shall also deal with
policies, studies, programs and measures involving children.
c) Committee on Urban Poor and Human Rights – All matters related to human rights,
prevention of human rights violation and all matters affecting social justice and reform.
d) Committee on Trade and Commerce – All matters related to establishment/operation of all
kinds of trade and commerce and whatever measures that affects trade, commerce and
incentives to promote trade, commerce and industry, such as banking, lending institution,
pawn shops and quasi baking facilities.
e) Committee on Economic Development – All matters related to economic development.
f) Committee on Youth and Sports Development – All matters related to sports development
and youth welfare and development.
g) Committee on Environment Protection and Natural Resources - All matters related to
environment protection, air and water pollution, wanton destruction of the environment and its
natural resources and all matters or measures affecting the environment.
h) Committee on Cooperative and Business Enterprise – All matters related to cooperative
organization and development, incentive to cooperatives and all matters affecting the
cooperative development program of the government and business enterprise. It is also
tasked in accrediting Non-Government Organizations and Private Organizations in
accordance with law and regulations.
i) Committee on Public Works and Infrastructure – All matters related to construction,
maintenance and repair of roads, bridges, buildings, irrigations and other government
infrastructure projects, measures that pertains to drainage and sewerage system on similar
projects and all other matters related to public works and infrastructure projects.
j) Committee on Public Utilities, Transportation and Communication – All matters related to
basic public services, including power, water and energy supply and all other matters related
to public utilities, postal services and transportation and communications.
k) Committee on Agriculture, Food and Fisheries. All matters related to agriculture production,
agriculture facilities, agricultural inputs, development of agri- business enterprise, and all
matters related to agriculture, including plants, animals and fisheries and aquatic resources.
l) Committee on Ethics and Legal Matters. All members related to review of ordinances
submitted by lower level Local Government Units, enactment, revision or amendment,
revision or amendment of all kinds of ordinances and the exercise of legislative powers
except appropriation ordinances.
m) Committee on Labor, Management and Social Legislation. Matters related to private
employment particularly labor dispute and conciliations, labor employment and manpower
development, maintenance of industrial peace and promotion of employee-employer
relationship/cooperation, labor education, standards and statistics, organization of labor
market, including recruitment, training and placement of workers and employment,
manpower promotion and development of labor incentives technology. It shall also deal with
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 all matters related to public and social welfare and ameliorative services; public and social
services for the disadvantaged groups, including the elderly, disabled, street children, drug
dependents, person of unsound mind and criminal offenders; funeral parlors and use of
cemetery lots and facilities; insurance, entertainment, recreation facilities, and activities
parks, plazas, museum and all other public and social services programs, projects and
concerns that may be referred thereto.
n) Committee on Education. All members related to formal and non formal education,
educational facilities, promotion of culture and the arts, operation of educational institutions,
both private and public, all matters related to education.
o) Committee on Health and Sanitation. All matters related to health, sanitation or hygiene,
cleanliness and beautification of the community, proposed measures related to hospitals,
health centers and health programs, and all matters related to health and sanitation and
waste disposal and management.
p) Committee on Urban Assets, Planning, Land Use and Housing. All matters related to zoning
and planning or urban development, its Land Use as well as land classification/conversions.
It shall also include planning and use City Government lands and reservations. Likewise,
matters related to housing programs whether government or private, subdivision
development/real estate development and operations and all measures, pertaining to land
uses, zonification or Zoning Code enactment, squatters and resettlement problems and all
matter related to housing shall be deal with.
q) Committee on Peace and Order and Public Safety. All matters related to police matters,
maintenance of peace in order, protective services, traffic rules and regulation, fire
prevention and control measure, public morals, and other matters related to peace and order
and public safety.
r) Committee on Tourism, Arts and Cultural Affairs. All matters related to or connected with the
promotion, establishment and operation of all kinds of trade and industry which are tourism
related such as hotels, inns, pension houses, resorts, restaurants, tour industries and those
catering to tourists, including tourism development and economic enterprise. It shall also deal
with matters related to cultural minorities and tribal communities, their development and
protection or participation in local governance.
s) Committee on Barangay Affairs. All matters related to creation division, merging, abolition or
alteration of boundaries of barangays, naming renaming pertaining to barangay government
affairs.
t) Committee on Senior Citizen. All matter referred tom the Sanggunian relating to Senior
Citizen or the elderly.

u) Committee on Good Governance, Blue Ribbon and Administrative Cases. All matters related
to organization and management of manpower. Personnel administration; position
classification and pay plan, staffing patterns, creation of position, policy formulation for the
economical, efficient and effective local government administration, conduct and ethical
standards for local officials and employees, and all other matter related to good governance.
It shall have jurisdiction on the confirmation of appointment of the City Department Heads,
The chairman shall likewise sit as member of the Personal Selection Board of the City
government, formulate rules and procedures in the conduct of hearing and decide
administrative cases filed against elective barangay official pursuant to the provisions of
Republic Act 7160.
v) Committee on Rules and Privileges. All matters related to the Sangguniang Internal Rules
and all violations thereof, the determination of the order of business and calendar of
business, disorderly conduct and discipline of members and investigation thereof, and
privileges of member.
w) Committee on Market, Slaughterhouse and Fish Complex. All matter related to
administration/operation of the public and private markets and slaughterhouses, measures
pertaining to to market rentals and other market and slaughterhouse charges, improvement
of markets facilities and its premises, enactment/revision of the market code, fishport
complex, market and slaughterhouse administration.
x) Committee on Games and Amusement. All matter related to the operation/establishment of
amusement places, measure that affect the regulation of games and amusement including,
but not limited to, the promotion or holding of cockfights, boxing, basketball tournaments,
raffle draws, betting and other kinds of games and amusements, and all other matters related
to games and amusements whether for profit or charity of otherwise. It shall not include
parks and amusement centers.
y) Committee on Foreign relation and external affairs. All matters related for the formulation of
policies and program on external affairs of the Sangguniang Panlungsod, coordinate with
other offices of the local government, national offices and other agencies on matters that will

22
 involve the Sangguniang Panlungsod and establish linkages with non-governmental and
socio-civic organizations in aid of legislation.
z) Oversight Committee. This Committee shall be composed of the City Vice Mayor as
Chairman and all Sangguniang Panlungsod as members. It shall be the duty of the
Oversight Committee to ensure the efficient and effective implementation of all ordinances,
resolution and other legislative actions enacted by the Sangguniang Panlungsod.

SECTION 71. Review/Ratification On Contract. Contracts or obligation for review and ratification
shall be referred to such committee or committees which has jurisdiction over the subject matter of
the contract.

COMMITTEE REPORTS

SECTION 72. Submission of Committee Report. Every committee to which a particular measure is
referred by the Presiding Officer shall submit its report in writing to the Sanggunian thru the
Secretary, after its task. No committee report shall be included in the order of business of the
Sanggunian unless included in the agenda. Provided, however, that an actual Committee Report
duly signed by the Chairman and majority of its members is submitted to the Secretary for inclusion
in the agenda of business.

SECTION 73. Joint Committee Or Multiple Committee Report. When a measure is referred to two or
more committees, the committees concerned may submit a “joint committee report” or “multi-
committee report” as the case may be, or a separate report thereon.
b. No member rendering a committee report or delivering a sponsorship speech shall
speak for more than ten minutes unless allowed by a majority of the members
present.
c. The member rendering a committee report or delivering the sponsorship speech or a
proposed measure may move to open or close the debate within the 10-minute period
allowed of him. If he fails to exercise his option, the Chair may use the “assumed
motion” to open or close the debate, or any member may formally move for it.

SECTION 74. Contents of Committee Report. The committee report shall contain the following
information:

(a) Name of the reporting committee or committees

(b) Brief statement of the subject matter referred to it and the action taken thereon including
information gathered during the conduct of committee hearings or meeting and other
relevant information;
(c) Findings and conclusions;
(d) Recommendations (preferably, in the form of resolution or ordinance);
(e) Names and signature of concurring members; and
(f) Appendices (minutes of the committee hearing or committee meetings, as the case may
be)

SECTION 75. Relief or Discharge of a Referred Matter. A committee which failed to submit a
committee report within a long period of time may be relieved by the Sanggunian from further
consideration of an urgent measure or questions referred to it. Upon request by the City Mayor
certified as urgent or on motion by any member and approved by the Body, the said measure can be
withdrawn from the committee or reassigned to another committee or submitted to the body for
discussion, deliberation and proper disposition. However, if the Committee Chairman is willing to
report it out, he shall be allowed to do so.

SECTION 76. Recommitting a Measure. When the Sanggunian is not satisfied with the report of a
particular committee in a measure referred to it, the same may be re-committed or returned back to
that committee for further study.

SECTION 77. Calendaring a Measure for Second Reading. After the committee has rendered its
report and is recommending favorably the enactment of a proposed ordinance or resolution it has
“reported out”, a copy of the proposed ordinance or resolution shall be furnished the Committee on
Rules which shall calendar it for “second reading”. Before the said proposed ordinance or resolution
is sponsored on the floor, a copy thereof shall be furnished every Sanggunian member by the
committee Chairman concerned.

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 JOURNAL AND RECORD OF PROCEEDING

SECTION 78. Record of Proceeding. The Sanggunian shall keep a “journal and record” of its
proceedings. The same shall be submitted to the Presiding Officer for approval.

SECTION 79. Minutes. In addition to the ”journal of proceeding” , the Sanggunian, thru is
Secretary, shall also record its proceeding in the form of “minutes” which shall be submitted by the
Secretary to the Sanggunian for approval.

SECTION 80. Reading and Consideration of Minutes. The Minutes of the previous sessions shall be
submitted by the Secretary to the Sanggunian during its succeeding regular session, for approval.
The Sanggunian shall first determine if there are corrections to be made on the Minutes and shall act
on it accordingly before the same is adopted by the body becomes its property. Consideration of the
minutes shall not be dispensed with it the members were already furnished a copy thereof
beforehand. Being all responsible men and women, the members are presumed to have read the
minutes already before they came to the session. In any case, the minutes submitted by the
Secretary shall acted upon by the member present, one way or the other.

SECTION 81. Content of the Minutes. The minutes shall contain the following information:
a. Place, date and time of session;
b. Whether it is special or regular;
c. Names of the member present therein and those were absent;
d. Action taken on the minutes of the previous session including the correction, if
ant;
e. Duration of the meeting, stating the time of commencement and time of
adjournment.

SECTION 82. Signing of Minutes. The original copy of the minutes shall be signed by the member
who adopted or approved it at the appropriate space therein. The Presiding officer at that particular
session and the Secretary shall also sign or affix their signature, respectively. It shall be entered in
the record book with the indication of the date of approval.

RULES ON MOTION

SECTION 83. All motion relating to a committee report, if presented or proposed by the reporting
committee Chairman, or majority floor leader or the reporting committee member, shall need NO
second.
SECTION 84. The following motion, in the order of their precedence (from highest to lowest rank),
together with other motion hereinafter specified, shall be used in doing business in the Sanggunian:
a. Fix the time to which to adjourn ( Rank 1). To provide a future time for the continuation of the
meeting in progress;
b. Adjourn (Rank 2), to formally terminate the meeting in progress;
c. Take a recess (Rank 3), to provide a brief intermission during the meeting;
d. Question of privilege ( Rank 4), secure immediate action upon a matter that involves the
comfort, convenience, rights privilege of the Sanggunian or of any of its member;
e. Call for orders of the day (Rank 5), to bring before the body for consideration any business
assigned for particular time;
f. Lay on the table (Rank 6), to set aside a pending question for consideration at a later but
undetermined time;
g. Call for the previous question, to suppress discussion on a pending question and to bring it
immediately to a vote;
h. Modify the limits of debate (Rank 8), to remove a standing restriction to shorten or to permit
more time for the discussion of a pending question;
i. Postpone definitely (Rank 9), to defer the consideration of a question to a definite time in the
future;
j. Commit (Rank 10), to refer a question or proposition to a committee for study and
recommendation;
k. Amend ( Rank 11), to modify a question or proposition to a committee for study and
recommendation;
l. Postpone indefinitely ( Rank 12), to defer indefinitely the consideration of a question;
m. Main motion (Rank 13), to bring before the body substantive proposition for its consideration.

SECTION 85. If someone “has the floor”, whether or not he is speaking, a “motion to adjourn” shall
be ruled “out of order”.

24
SECTION 86. All “privilege motion” may be proposed even if there is a pending motion or question
before the body.

SECTION 87. The following motion can be presented or proposed even if someone had the floor,
viz:
(a) Appeal from the decision of the chair
(b) Call for the Order of the Day
(c) Divide the Body (or House, if any)
(d) Divide the Question
(e) Object to the Consideration of a Question
(f) Point Order
(g) Point of Information
(h) Point of Parliamentary Inquiry
(i) Reconsider
(j) Reconsider and have entered in the minutes
(k) Raise a question of Privilege

SECTION 88. When there is no quorum present, motion to adjourn or to take a recess is “in order”
provided, that nobody has the floor.

SECTION 89. Motion or questions which were laid on the table may be taken up thru a motion to
that effect during that particular session or during the next regular session but not beyond.

SECTION 90. The following motions require a SECOND:

a) Adjourn
b) Adopt a report or resolution, except when proposed by the reporting committee Chairman or
member
c) Amend
d) Appeal from the decision of the chair
e) Expunge
f) Extend or Limit the time of debate
g) Fix the time to adjourn
h) Lay on the table
i) Postpone definitely
j) Postponed indefinitely
k) Call for the previous session
l) R e c e s s
m) Reconsider
n) Reconsider and have entered on the minutes
o) Rescind of repeal
p) Suspend the Rules
q) Take from the Table
r) All main Motion

SECTION 91. A motion to amend (amendments of the 1st degree)and motion to amend an
amendment (amendment of the 2nd degree) may be withdrawn but only before a decision is made
thereon.

SECTION 92. A motion to amend is in order only up to the second stage.

SECTION 93. A motion can be withdrawn only when it is not yet being discussed or debate upon by
the body. Otherwise, nay request to withdraw shall require a vote by general consent and if there is
an objection raised for its withdrawal, majority vote of the members present is required.

SUSPENSION OF RULES

SECTION 94. Who Can Move. Any member with a reasonable basis can move for the suspension
of the rules.

SECTION 95. Vote Required. No rule shall be suspended except by a vote of two-thirds of the
members present there being a quorum.

25
SECTION 96. Interruption of Motion. When a motion to suspend the rules is pending, one motion to
adjourn may be entertained. If the latter is lost, no similar motion shall be entertained until the vote
is taken on the motion to suspend.

DISCIPLINE OF MEMBERS

SECTION 97. The following shall constitute disorderly conduct and behavior.

a) Deliberate failure or refusal to sign ordinances or resolutions. A member who does not
voice out any opposition to any matters being discussed or deliberated is presumed to
agree or favor its approval. And any member who went out of the session hall or failed to
return after a recess is presumed to have waived his right to be heard or to participate in
any matter deliberated during his absence. Should the said member refused to sign such
ordinance or resolution within seven days after approval, he/she shall be guilty of
disorderly conduct.
Any member who before leaving, left a note to the Presiding Officer or to the Secretary
containing his/her stand on a particular agenda or subject matter is exempt from this
provision.
b) Challenging to a fight, uttering provocative statements, disrespect to the Presiding Officer
and member of the body, display of conduct unbecoming of a public official, walking out
of the Session Hall without any reason or permission.

SECTION 98. Penalties. The following penalties shall be given to any member found guilty of any of
the abovementioned disorderly conduct or behavior.
First Offence - Reprimand
Second Offence - fine of Two Hundred Fifty pesos
Third Offence - fine of Five Hundred pesos
The penalty of suspension shall require the concurrence of at least two third vote of all
Sanggunian Panglungsod Members.

SECTION 99. Fine imposed herein shall be deposited to a Sanggunian Panglungsod Trust Fund.

SECTION 100. The Vice-Mayor is hereby empowered to be the sole arbiter and judge in the
implementation of this rule.

AMENDMENT

SECTION 101. This “Internal Rules of Procedure” may be amended at any regular session by
majority vote of all the members present of this Sanggunian. PROVIDED, that prior notice of such
proposed amendment is given to all the members of the Sanggunian, and PROVIDED FURTHER,
that no provision herein which is based on, prescribed by existing laws shall by amended.

CHAPTER V
PROGRAMS, PROJECTS AND IMPROVEMENTS

Through the years, officials of the Local Government Unit of Masbate City is committed to convey
the general welfare of every resident. Leaders of the past up to the present envisions development
of the community that would bring about better quality of life.

Government administration has evolved. The inspiration that propels the cityhood of Masbate was
the outcry to move Masbate forward . . . Abante Masbate! wherein the community experienced the
transition from municipality to a component city. That period had Hon. Juan P. Sanchez, Sr. on the
lead. After it, came the short but aggressive Aksyon na Masbate! cry of the slain Mayor Moises
Espinosa, Jr. who was succeeded by Hon. Socrates M. Tuason continuing that cry to Aksyon
Padayon! His administration lingers up to the present transcending the actions to protect the
environment and the people thus the battlecry “Kadagatan, Kabukidan, Katawuhan… Protektaran!”
These advocacies are concretized by the following programs, projects based on the Annual
Investment Plan, Calendar Year 2010:

I. General Public Services Sector

A. Executive services/Development direction and policy formulation’
B. Enactment of Ordinances
C. Secretarial/support services
26
 D. Management and administration of personnel programs and trainings
E. Preparation of development plans and formulation of financial strategies
F. Budgeting services
G. Procurement, custodian and disposal of supplies
H. Accounting and internal audit services
I. Intensive revenue collection and fiscal management
J. Assessment, mapping and appraisal of properties
K. Legal services
L. Information services
M. Registration and documentation of records of birth, marriage and death

II. Social Services Sector

A. Provision of health services
B. Education, culture and sports manpower development
C. Social welfare services

III. Economic Services Sector

A. Agricultural intensification programs
B. Animal, livestock development protection program
C. Environment and natural resources program
D. Cooperative services
E. Enforcement of National Building Code
F. Pre-engineering and detailed engineering services supervision, implementation,
administration and control of public works project
G. Economic Enterprise and Management Services

IV. Others
A. Personnel benefit fund
B. Subsidy to Local Government Units
C. Debt Services
D. Calamity Reserve

While the Executive Department implements the law for absolute observance by the constituency
under the pain of penalty, fine and other sanction in case of violations, the Legislative Department
has the mandate to make the law to render services to the public at all times without discrimination
but with love, understanding and compassion for their benefit, welfare and interest.Thus, the 3 rd City
Council has legitimized and established the following legislation agenda:

1. Amendment of Revenue Code

2. Investment Code
3. Gender and Development Code
4. Tourism Code
5. Amendment of TrafficCode
6. Amendment of Comprehensive Land Use, Housing and Zoning Ordinance
7. Advocacies, initiatives and programs against poverty and hunger,possibly regulating the
operation of lenders exacting usurious interest
8. The Malinta Livestock Auction Market and Feedlot Cattle Fattening Project
9. Encouraging the organization of cooperatives and strengthening all existing cooperatives
10. Elimination of drugs, prostitution, robberies and hold-ups, heinous and other crimes against
persons
11. Compliance with the mandatory provision of Solid Waste Management on the construction of
sanitary landfill as mandated by Republic Act 9003 and the possible hiring of forestry and
environmental specialists
12. Improvement of medical services with x-ray machine; and continuous supply of medicines;
establishment of social hygiene clinic for sex workers and the creation of Midwife I and II
positions
13. Reactivation of City councils on drugs, protection of women and children, youth and sports
development, teens center for responsie parenthood and others
14. Rehabilitation or construction of Masbate City Police Station and support for additional
personnel
15. City Livelihood Training and Development Center
16. Establishment of City school/colleges
17. Establishment of computer center/school
18. Establishment of City Information Center right at port and airport premises
19. Codification of resolutions and ordinances
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 20. Creation of Legislative Backstopping Committee.

This agenda set under the leadership of Hon. Allan B. Cos will result to development legislation
which is the real answer to the dreams and aspirations of every Masbateño as it solves social
problems and addresses the needs of consequence. This will propel the city to move forward to
progress and prosperity…”Insigida Aksyon!”

CHAPTER VI
DEFINITION OF TERMS

Contract – is a meeting of minds between two persons whereby one binds himself, with respect to
the ther, to give something or render some service (Article 1305, New Civil Code)

Discretion – the ability to make decisions which represent a responsible choice and which an
understanding of what is right, lawful, just and equitable.

Juridical Person – other than a natural person (human being) created by law and recognized as a
legal entity having distinct identity, legal personality, duties and rights. It includes State and its
political subdivisions, other corporations, institutions and entities for public interest or purpose,
corporations, partnership, and association for private interest or purpose to which the law grants a
juridical personality, separate and distinct from that of each share holder, partner or member.

Natural Person – a real living human being, as distinguished from a corporation which is often
treated by law as juridical person.

Penalty – a punishment that is imposed upon a violator of an ordinance approved and implemented
by the City Government of Masbate by either fine or imprisonment or both at the discretion of the
Court

Person – one (as a human being or corporation) that is recognized by law as the subject of rights
and duties

Real property – includes all the rights, interest, and benefits to the ownership of real estate.
Ownership of real estate is evidenced by a Certificate of Title, Free Patent or Tax Declaration in the
absence of Certificate of Title.

Territorial waters – a belt of coastal waters that include not only streams, lakes, inland bodies of
waer and tidal waters within the municipality which are not included within the protected areas as
defined under Republic Act No. 7586 (The NIPAS Law), public forest, timber lands, forest reserves
or fishery reserves, but also marine waters included between two lines drawn perpendicular to the
general coastline from points where the boundary lines of the municipality touch the sea at low tide
and a third line parallen with the general coastline including offshore islands and fifteen kilometers
from such coastline. Where two municipalities are so situated on opposite shores that there is less
than thirty kilometers of marine waters between them, the third line shall be equally distant from
opposite shore of the respective municipalities.

Territory – a geographical area belonging to or under the jurisdiction of a governmental authority.

28
 Book 2
CODE OF GENERAL ORDINANCES

CHAPTER VII
PUBLIC SAFETY

Article I
PROHIBITING THE CONSTRUCTION OR SETTING-UP OF
BASKETBALL GOAL ALONG THOROUGHFARES

SECTION 1. Any person is prohibited from constructing or setting-up of a basketball goal along any
thoroughfare or street in Masbate.

SECTION 2. Any person caught participating in the construction of a basketball goal along the right-
of-way of any thoroughfare within the poblacion of Masbate shall be penalized with a fine of One
thousand pesos or an imprisonment of two to three months, or both at the discretion of the court.

Article II
PROHIBITING THE INSTALLATION AND PLACING OF METAL SCREEN,
STRAINER, WIRE MESH ALONG CANALS

SECTION 3. No person shall install, put-up or place metal screen strainers, wire mesh or construct
semi-permanent or permanent concrete pavements in canals and drainages in Masbate.

SECTION 4 – Any person violating this Ordinance shall, upon conviction by the court, be penalized
through:
(a) cancellation of business permit; or
(b) a fine of One Thousand Five hundred pesos or an imprisonment of thirty days or both, upon the
discretion of the court.

Article III
PROHIBITING ENTRY INSIDE THE RUNWAY

SECTION 5. Any person, motor vehicles, manually operated trykes and bikes are prohibited and
banned from entering the runway and airstrip premises of the Masbate Domestic Airport from 6:00
o’clock in the morning up to 1:00 o’clock in the afternoon; and all other times and hour of the day
during the presence of any other kind of craft.

SECTION 6. Any person, driver or operator of vehicle caught violating this Ordinance shall be fined
an amount of One thousand Pesos and an imprisonment of one month or both at the discretion of
the court.

Article IV
MAINTAINING THE SAFETY AND POTABILITY OF DRINKING WATER
PURSUANT TO EXECUTIVE ORDER NO. 01-93

SECTION 7. All commercial water peddlers shall chlorinate all water sold for public and private
consumption.

SECTION 8. The City Health Office shall take the duty of providing the necessary guidelines and
distribution of the right amount of chlorine to water peddlers.

SECTION 9. Any person/s found violating this Ordinance shall, upon conviction, pay a fine of not
less than One Thousand Pesos and not more than Two Thousand Pesos or be meted a prison term
of not less than fifteen days or more than thirty days or both upon the discretion of the court.

Article V
REGULATING THE USE OF FORKLIFT AND HEAVY EQUIPMENT.

SECTION 10. Forklift and similar heavy equipment used for hauling and delivery of van within the
Port Area of Masbate, are strictly prohibited along streets in the City of Masbate.

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SECTION 11. Forklift and/or similar heavy equipment shall be allowed to use the above-mentioned
streets, only from the Bodega of the owner to the Port of Masbate and vice-versa.

SECTION 12. Persons violating this ordinance shall, upon conviction, be punished by a fine of One
Thousand Five Hundred or an imprisonment of thirty days or both at the discretion of the Court.

Article VI
PROHIBITING ANY PERSON FROM DEPOSITING AND PLACING CONSTRUCTION
MATERIALS WITHIN THE ROAD RIGHT OF WAY

SECTION 13. Any person or entities are prohibited from depositing or placing construction materials
such as sand and gravel, etc. within the road right-of-way of national, provincial and municipal roads
at Masbate City.

SECTION 14. Any person or entity found violating this Ordinance shall be fined Five Hundred Pesos
or imprisonment as the court may impose.

Article VII
PROHIBITING PERSONS FROM DRINKING LIQUOR IN PUBLIC PLACES
AT ANYTIME OF THE DAY WITH CERTAIN EXEMPTIONS

SECTION 15. It shall be unlawful for any person or persons from drinking liquor whether alone or
with others in public places as enumerated in Section 16 at anytime of the day and night in the City
of Masbate except during Christmas Day, New Year’s Day, Wedding Occasion, Birthday, Fiesta
Celebrations and Wake.
SECTION 16. The public places referred herein shall include, but not limited to the following:
A. Streets
B. Sidewalks
C. Plazas
D. On either sides of the National Highway within the city limits
E. Vacant private lots if not enclosed with a fence or concrete walls
F. Alleys
G. Windows and counters of variety stores and other commercial establishment, including
restaurants, fast foods and bars whether licensed to sell liquor or not, unless the windows
or counters of restaurants, fast foods and bars are located inside its premises.
H. Vacant places and spaces right outside the gates and doors of private, residential and
commercial houses along the streets and alleys.
I. And other places of similar characteristics.

SECTION 17. No permits or license shall be issued to any person or associations for the holding of
any drinking activity in public places herein mentioned for whatever occasion and purpose, provided
that no permit or license shall be required for holding the same during Christmas Day, New Year’s
Day, Wedding Occasion, Birthdays, Fiesta Celebrations and Wake.
SECTION 18. Any violation of the ordinance, shall be meted a penalty of:
a. First Offense – a fine of One Hundred Pesos or community service of four working hours pursuant
to Clean and Green Program of the City of Masbate;
b. Second Offense – a fine of Two Hundred Pesos or community service of eight working hours
pursuant to Clean and Green Program of the City of Masbate;
c. Third and the Subsequent Offenses – a fine of Five Hundred pesos or a minimum imprisonment of
five days at the discretion of the court.

SECTION 19. That prohibition for any person from drinking liquor in public places shall mean all
kinds of intoxicating liquor and beverages.

Article VIII
IMPOSING AN ANNUAL REGISTRATION FEE OF P 100.00 TO COVER
FOR THE VACCINATION AND TAG FOR EVERY DOG IN EVERY BARANGAY

SECTION 20. It is mandated that owner and/or caretaker shall register their dog annually with the
Office of the Barangay Captain in the City of Masbate.

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SECTION 21. Inclusive of the vaccination shot and a dog tag for every registered dog, an amount of
one hundred pesos annual registration fee is imposed to cover for the vaccine to be provided by the
Office of the City Veterinarian and a dog tag to be provided by the Barangay concerned.

SECTION 22. The Barangay Treasurer shall issue corresponding official receipt for such registration
fee as required by law or ordinance.

SECTION 23. The collection of fees shall accrue to the Barangay Fund for aforementioned
expenses in the implementation of the ordinance.

SECTION 24. Violators of this ordinance shall pay a fine of not less than five hundred pesos but not
more than one thousand pesos and a minimum of imprisonment of fifteen days or both at the
discretion of the court.

Article IX
ESTABLISHING A FIRE ZONE

SECTION 25. Rules and Regulations.

A. All institutional and commercial establishment, whether private or public, either existing or new
construction shall strictly comply with all the requirements imposed by the Bureau of Fire
Protection particularly electrical installation, electrical permits and zoning compliance. Same
establishments shall always provide fire extinguishers and permanently marked and lighted fire
exits and fire escapes;
B. All residential houses shall be constructed using galvanized iron roofing and must observe the
setback, easement and buffer regulations specified in the City Zoning Ordinance;
C. All building construction must comply the building permits which shall be approved prior to
construction;
D. All construction within the declared fire zone shall have fix fees for permits to include fees for
repair or demolition of buildings or structures that will be determined by the Committee on
Housing Board;
E. The City Government shall provide special projects for immediate control of fire and make
regulations to prevent conflagration and provide relief assistance to fire victims;
F. This ordinance extends to the prohibition and suppression of riots, affrays, disturbances and
disorderly assemblies that would cause fire and same regulations apply to houses of ill-fame,
gambling and all fraudulent devices for purposes of obtaining money or property, prostitutes,
vagrancy, intoxication, fighting and disorderly conduct, printing, circulation and exhibition,
possession or sale of obscene pictures, books or publication of the same;
G. Other necessary rules and regulations shall be issued by the City Chief Executive in coordination
with the Barangay Officials for proper and effective implementation of this ordinance.
Organization of Fire Brigades and conduct of regular trainings for its activities shall be regularly
implemented in the Fire Zone of Masbate City.

SECTION 26. Definition of Terms.

1. Fire Zone – an area within the city considered hazardous to fire. It shall comprise the political
boundaries of five urban barangays namely Barangays Espinosa, F. Magallanes, Bagumbayan,
Bapor and Nursery.
2. Fire Hazards – materials made of indigenous roofing like nipa, anahaw and the like.
3. Building Permits – permits issued by the City Building Officials as required by the Building Code
of the Philippines.
4. Institutional Establishment – private or public establishment or building like schools, hospitals,
clinics, churches, cultural centers, stadiums, government offices
5. Commercial Establishment – all business establishments or buildings solely used for commercial
purposes like sari-sari store or wholesale stores, market stalls and warehouses
6. Residential – building structure intended for dwelling
7. Fire Bureau – Bureau of Fire Protection in Masbate City
8. Setback Requirements – designated distance left between the building and boundary/lot lines
9. Zoning Ordinance –the approved Zoning Ordinance (Ordinance 026-02 or Chapter XVII Article I
of the Code of General Ordinances) for the City of Masbate
10. Easement Rights – the required right-of-way by law between properties
11. Demolition – destruction of building which are declared dangerous for occupancy
12. Housing Board – local board to be chaired by the City Mayor for the implementation of City
Housing Programs
13. Conflagration – fire calamities in wider areas due to fire hazardous buildings or structures

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SECTION 27. Regulated Acts. No person shall construct residential, commercial or institutional
buildings that are considered fire hazard and without approved building permits as required under
the Building Code of the Philippines by the Local Building Official.

SECTION 28. Penalty. The City imposes a fine not exceeding five thousand pesos or imprisonment
for a period not exceeding one year or both at the discretion of the court. The Housing Board may
order the immediate demolition of illegally constructed establishments or building in violation of this
ordinance.

Article X
REGULATING THE USE OF THE STREETS AND SIDEWALKS

SECTION 29. Definition of Terms.

1. Street – a road in a town or village, usually hard-surfaced and provided with drainage and
artificial lighting and having building on one or both sides.
2. Sidewalk – any paved or unpaved foot walk at the side of the street or roadway.
3. Violator – a person who violates.

SECTION 30. Prohibited Activities.

A. Vending or selling items such as: food, newspapers and magazines, cigarettes, tobaccos,
drinks, housing wares and other human services (e.g. shoe shine, shoe repair) except on fiesta
and other occasion as allowed by the City Mayor and the Sangguniang Panlungsod.
B. Garbage dumping site.
C. Vehicles repair/park area.
D. House chores activities – bathing, washing and hanging of anything.
E. Use to install animals (in chain or pens).
F. Setting up of basketball court/goal.
G. Warehouse/storage of bottled or canned drinks (alcohol & non-alcoholic), junks, recyclable
materials and all construction materials.
H. Holding parties and gatherings.
I. Installation of permanent picket fence.
J. Use for plant plots, trees and plant boxes.
K. House/stall/store extensions (roofs & awnings included).
L. Place for signs or signboards on or above sidewalks detached from business establishments.
M. Religious activities such as preaching and seeking alms.

SECTION 31. Sidewalk Clean-up.

All found on sidewalks shall be confiscated by the government without prior notice. The same shall
be treated as ordinary garbage. The government shall not be held liable for any damage arising from
the removal, confiscation or disposal of the said items.

SECTION 32. Sidewalks use other than Foot walk.

The sidewalks may be temporarily used if granted by the proper authority from the City Government
of Masbate.

SECTION 33. Fines.

1st Offense – Five Hundred Pesos
2nd Offense – One Thousand Pesos
3rd offense – Two Thousand Pesos
4th Offense – case shall be filed in the City Prosecutor’s Office

SECTION 34. Payment of Fines & Penalties

First to third offense shall be payable within four days or an equivalent of ninety-six hours. The
violator shall present his violation notice issued by the City Mayor or his authorized representative
who will endorse the violator for payment to the Treasurer’s Office. Failure to comply in the
prescribed period shall automatically ensure prosecution proceedings against the violator with the
City Fiscal’s Office. If found guilty, the violator shall pay the fine of Five Thousand Pesos or serve
thirty days imprisonment.

SECTION 35. Co-Violator’s Fine.

The property owner adjacent to sidewalk shall be partly responsible for not reporting illegal activities
occurring in his front sidewalk and shall be fined of Three Thousand pesos as co-violator’s fine.

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 Article XI
PRESCRIBING SAFETY MEASURES WHILE REFUELING AT ANY GASOLINE STATION

SECTION 36. The safety measures as propounded by the petroleum companies are enacted for the
protection of the motorists and the general public. The following acts are considered violation of this
ordinance, viz:
1. Smoking while refueling or refilling;
2. Use of cell phone while refueling or within the forecourt area of the gasoline station;
3. Fueling while customers are still seated on their motorcycle/ straddling on motorbikes;
4. Refueling vehicles while engines are still running; and
5. Any standard plastic containers may be used for purchasing gasoline.

SECTION 37. Definition of Terms.

1. Forecourt - driveway within the gasoline station.
2. Pump attendant - a person who dispenses petroleum products or the person who operates the
pumping machine.
3. Refueling - the act of refilling of the vehicle’s tank with fuel or provide additional fuel.
4. Straddling - sitting on motorcycle with the legs wide apart.

SECTION 38. Responsibility of the Refilling Station. Through its Manager, the refilling station shall
put up signboards in conspicuous places within the station’s premises:
1. No Smoking/ Non-Smoking Area.
2. Using Cellphone While Refueling Can Cause Fire. Turn Off Your Cellphone Before Your Car Or
Motorbike Is Refueled.
3. For Your Safety, Get Off From Your Motorbike Before Refueling.
4. Running The Engine While Refueling Can Cause A Fire. Switch Off Your Engine Before Your
Car Is Refueled.
5. Only Approved Containers Can Be Used For “Take Away” Fuel Purchases.

SECTION 39. Administrative Provisions

1. The gasoline station through its Manager is directed to conduct seminar/ training for its pump
attendants and other personnel on how to manage customer to observe the above stated five
forecourt safety measures.
2. The Bureau of Fire Protection, Masbate City station, through its City Fire Marshall or his
deputized agent shall oversee the implementation of this ordinance; and
3. The City Mayor may issue some additional rules for effective implementation of this ordinance.

SECTION 40. Penalty.

1. Refilling station and/or pump attendant may refuse to start the refilling unless the safety
measures provided herein are followed.
2. For failure to enforce the safety measures as herein provided, the following penalties shall be
imposed:
First Offense – The station manager and the pump attendants shall be given written
warning;
Second Offense – The station manager shall be recommended for suspension for six (6)
days on its operation; and
Third Offense – The station manager shall be fined not less than One Thousand Pesos but
not more than Three Thousand Pesos at the discretion of the Court.

Article XII
REQUIRING MANDATORY DRUG TEST ON ANY INDIVIDUAL APPREHENDED FOR
COMMITTING CRIMES AGAINST PERSON AND PROPERTY AND IMPOSING COMPULSORY
DRUG REHABILITATION ON THOSE WHO ARE POSITIVE ON DRUG
(Repealed by Dangerous Drugs Act of 2002)

SECTION 41. The City Government hereby requires the mandatory drug test on any individual
apprehended for committing crime(s) against person and or property and imposing compulsory drug
rehabilitation on those found positive on drugs.

SECTION 42. Definition of terms.

1. Rehabilitate – to restore a person’s physical or mental health through training, treatment, etc.
2. CADAC – City Anti-Drug Abuse Council, a special body created in the City Government by
virtue of Executive Order No. 06-01.
3. Drug User – any person using illegal drugs, such as Methamphetamine Hydrochloride or
“Shabu”, Cannabis or “Marijuana” Methylenedioxy methamphetamine or “Ecstasy”, Opium.
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4. Crime(s) against person and property – crimes or violations committed against person and
property, like snatching, hold-up, robbery, or other forms of thievery or illegal ways of obtaining
money or personal property.
5. Mandatory drug test – an obligatory or compulsory medical examination of finding out whether
or not a person has been taking illegal drugs, as described under the Dangerous Drugs Act.

SECTION 43. Drug test shall be conducted by the Masbate City Health Office which will submit the
results of drug test to the City Anti-Drug Abuse Council and to the Peoples Law Enforcement Board
(if a member of the Philippine National Police). Drug test results shall likewise be furnished to the
City Prosecution Office and the judicial court where the criminal case is docketed.

SECTION 44. Penalty Clause. Any person apprehended for committing crimes against person and
property shall be required to undergo mandatory drug test in any government hospital or clinic and if
found positive shall be required for rehabilitation in any rehabilitation center in the Philippines. Any
apprehended person who refuses to submit himself for the mandatory drug test shall be fined the
amount of five hundred pesos or one month imprisonment or both at the discretion of the court.

SECTION 45. It shall be upon the discretion of the judicial court whether the duration or period of
rehabilitation shall be inclusive or exclusive of the punishment imposed.

SECTION 46. The City Anti-Drug Abuse Council, in coordination with all concerned offices or
agencies shall prepare and promulgate the regulations and guidelines for the effective
implementation of this Ordinance.

Article XIII
PROHIBITION OF THE SALE OF LIQUOR TO MINORS

SECTION 47. Declaration Of Policy . The Masbate City Government recognizes the vital role of the
youth in nation building thus promoting their physical, moral and social well being. The City
Government of Masbate recognizes the protection of health and the preservation thereof. One
among so many measures to be taken is for them not to be exposed to vices in their tender age.

SECTION 48. Definition of Terms.

1. Liquor – any substance regardless of alcohol content that intoxicates.
2. Minor – person under the age of 18 years.
3. Beverage – a liquid to be swallowed or absorbed.
4. Owner/Manager – someone who possesses and or administer the business affairs.

SECTION 49. For purpose of strict compliance and for this ordinance to be accorded with the widest
dissemination possible, each applicant for liquor license and or renewal for a business permit to sell
liquor shall be required to put up a sign bearing the words “NO SERVING/ SELLING OF LIQUOR/
ALCOHOL DRINKS TO MINOR”, the letter of which shall not be less than three inches tall with the
corresponding number of Business Permit & License to Operate the ordinance clearly indicate
underneath. This must be posted or conspicuously exhibited in plain view at the place where the
business is being conducted. In case of doubt, as to the age of person, seeking to be served or
wanting to buy any of the prohibited liquor, the seller may require an Identification Card, in his
possession and shall be asked “NO ID NO SALE”.

SECTION 50. Any person or in case of business entity, the owner or the manager caught in the act
or found to have violated any provision of this ordinance shall be penalized as follows.
a. 1st offense - a fine of One Hundred Pesos and imprisonment of one month or thirty days, or both
at the discretion of the court.
b. 2nd offense - a fine of Five Hundred Pesos and imprisonment of two months or sixty days or both
at the discretion of the court.
c. 3rd and succeeding offense - a fine of One Thousand Pesos and imprisonment of a maximum of
one year or both at the discretion of the court.

SECTION 51. The minor shall be required to sign a certification to prove that actual selling of liquor
of the business establishment was made.

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 Article XIV
PROHIBITING THE USE OF DEVICE AIDED COLORED LIGHTINGS
IN THE CITY PUBLIC MARKET

SECTION 52. It shall be unlawful for stallholders of the City Public Market to use colored lightings
and devices such as colored devices, colored bulb and the like.

SECTION 53. Definition of terms.

1. Colored devices – materials used to enhance colors like art papers, cellophane, etc.
2. Colored bulb – a colored electric lamp used in stalls or tables in the public market
3. City Public Market – a place for commercial or trade activities in Masbate City
4. Stallholders – lessor of any allotted space with or without booth inside the public market
building
5. Consumer – someone who uses goods and articles and purchases same

SECTION 54. Implementing Authority. The City Market Administrator shall be in-charge of
monitoring the compliance of this ordinance. The Philippine National Police upon request of certain
individuals shall be in-charge of strictly enforcing this ordinance.

SECTION 55. Penalty Clause.

1st Offense – reprimand/ warming
2nd Offense – Five Hundred pesos
3rd Offense – One Thousand Pesos and six months or both at the discretion of the court
4th Offense and succeeding Offense – Two Thousand Pesos and One year imprisonment or
both at the discretion of the court.

Article XV
PROHIBITING THE BREEDING OF PIGEON AND OTHER SPECIES OF BIRDS

SECTION 56. Breeding, raising, selling and/or domesticating, pigeon and other species of birds,
within one mile (1,609 meters) radius from the Masbate airport is strictly prohibited.

SECTION 57. Definition of Terms.

1. Breeding - the process of bearing or generating.
2. Raising - to breed and bring to maturity.
3. Domesticating - to fit for domestic life and adapt for the advantage of man.
4. Species - a class or kind of bird having common attributes and designated by a common name.

SECTION 58. Violation of this ordinance shall be penalized with a fine of not more than One
Thousand Pesos or imprisonment of not more than ten days or both at the discretion of the Court.

Article XVI
PROHIBITING KITE FLYING AND OPERATION OF REMOTE-CONTROLLED
SCALE MODEL AIRCRAFT AT THE MASBATE AIRPORT

SECTION 59. It is strictly prohibited for any person engaged in kite flying and operation of remote-
controlled scale model aircraft within five mile (8.047 km) radius from the Masbate airport.

SECTION 60. Violation of this ordinance shall be penalized with a fine of not more than five hundred
pesos for every violation or imprisonment of not more than ten days or both at the discretion of the
court.

Article XVII
REQUIRING ONE LIFEGUARD AND ONE SECURITY GUARD IN EVERY RESORT

SECTION 61. Purpose. It has been the policy of the Local Government Unit - Masbate City to
protect and safeguard its constituency through the initiation of various preventive measures that
would in effect preserve life and damage to property. This policy is inherent to the duty of any
government political subdivision in adherence to the general welfare clause as enshrined in the
Local Government Code of 1991.

SECTION 62. Administrative Provision. All owners/managers/operators of resorts within the

territorial jurisdiction of City of Masbate are required to provide at least one life guard and one
security guard in every resort, duly trained and accredited.
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SECTION 63. Penalty Clause. Any resort owner/manager/operator found guilty of violating any
provision of this ordinance shall be penalized in accordance with the following:
First Offense - One Thousand Two Hundred Fifty Pesos
Second Offense - Two Thousand Five Hundred Pesos
Third Offense - Three Thousand Seven Hundred Fifty Pesos
Fourth Offense - Five Thousand Pesos and cancellation of the
permit to operate.

Article XVIII
REQUIRING BANKS TO PUT UP VIDEO MONITORING DEVICES
IN THEIR PREMISES AND OFFICES

SECTION 64. Administrative Provision. All banking institutions within the City of Masbate are
required to put up video monitoring devices in their premises and offices as a deterrent against bank
robberies.

SECTION 65. Policy . The Sangguniang Panlungsod of the City of Masbate is tasked to help
maintain peace and order by enacting measures to prevent and suppress lawlessness and disorders
and impose penalties for the violations.

SECTION 66. Rules and Regulations.

1. The use of video monitoring devices inside banks shall record all persons and monitor the going
on inside the bank;
2. With these video monitoring devices, the police and investigators will have an easier time
identifying the people behind robbery-holdup cases;
3. Daily video recording will be stored and preserved by the bank in accordance with the existing
security regulations or circular from the Bangko Sentral ng Pilipinas;
4. Local police and/or investigating officer assigned to review a bank video file in connection with a
pending robbery/holdup case will be allowed to review its video upon showing clearance from
the Bangko Sentral ng Pilipinas and written authority from the Chief of Police of the City Police
Station.

SECTION 67. Penalty . Violation of the ordinance particularly Section 64 hereof, shall be subject to
the following penalties:
1st Offense – a fine of One Thousand Pesos
nd
2 Offense – a fine of Three Thousand Pesos
3rd Offense – a fine of Five Thousand Pesos

Article XIX
REGULATING THE INSTALLATION AND DISPLAY OF ADVERTISEMENT MATERIALS

SECTION 68. Declaration of Policy. The City Government in the interest of public safety, and in
order to regulate the proliferation of outdoor advertising in the City, promulgates this Ordinance
which imposes fees for advertising that shall be paid annually and provides administrative provisions
of advertising.

SECTION 69. Coverage . This Ordinance shall cover all forms of outdoor advertising done in the
City of Masbate, designed to inform the general public about a particular business, service, product
or event.

SECTION 70. Definition of Terms .

1. Advertise – to make known to the public a business or commercial establishment, or the qualities
of a product, service or profession, or an event;
2. Advertiser – a person, entity or corporation conducting public notice or announcement;
3. Advertisement – a notice to create awareness on, or attract public attention to, a business or
commercial establishment, a product, service or profession, or event;
4. Advertisement Materials – all kinds of advertisement signs such as streamers, signboards,
billboards and other equivalent promotional tools;
5. Advertising Place – any portion of a building or establishment where advertisement material is
allowed.
6. Display Area – the designated area for advertisement materials.

SECTION 71. Restrictions on Advertisement Materials .

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 A. No streamer, signboard, billboard or equivalent promotional tool shall be constructed or
displayed that:
1. Endangers the safety of a person or property, or harms the public interest;
2. Hinders public order or violates sound social morals;
3. Confuse or obstruct the view or interpretation of any official traffic sign, signal, or device;
4. Distracts or obstructs the view of the public as to constitute a traffic hazard;
5. Contains information which suggests obscenity, indecency, or violence, both in textual
and graphical forms;
6. Conveys vague and double – ended messages to the public;
7. Contains messages that mislead or deceive consumers;
8. Carries racially, sexually or ethnically abusive, offensive or objectionable content, or
promotes social discrimination and prejudice against gender, beliefs and convictions;
9. Obstructs the public view on natural scenery and hinders the enjoyment thereof; and
10. Detracts from the picturesque view of scenery due to lack of coordination with its
environmental surroundings by way of colors and tones used, structure, size and location.

B. The design, construction, supports and anchorages, projections and clearances, lighting and
maintenance of a signboard, billboard or equivalent promotional tool shall be guided by the
pertinent provisions of applicable laws, rules and regulations.

SECTION 72. Display Area.

A. Advertisement materials except streamer shall be displayed only in the following areas:
1. Buildings, structures, side of streets; and
2. Parks and Plazas.

B. Advertisement materials such as streamers except signboards, billboards and other

promotional tools shall be displayed only in the following common display areas:
1. Open/Vacant lots
2. Private properties, structures, across the street with the minimum clear height of 4.27
meters or 14 feet.

SECTION 73. Display Period .

A. Advertisement materials such as signboards, billboards or equivalent materials such as
signboards, billboards or equivalent promotional tools shall be displayed for a period of one
year, renewable annually.
B. Advertisement materials such as streamer and the like shall be displayed for a maximum
period of three months only.

SECTION 74. Imposition of Fees.

(a) Governing law is Article 22, Section 155 (b) 15, and items 1 to 9 of the City Revenue Code of
2007 or Chapter IX Article VII Section 421 (B) 15, items 1 to 9 of the Code of General
Ordinances:
1) Billboards or signboards for advertisement of business, per sq. m.
or any fraction thereof:
a) Single faced Php 18.00
b) Double faced 36.00
2) Billboards or signs or advertisement for business and professions
painted on any building or structure or otherwise separated or
detached there from per sq. m. or any fraction thereof. 18.00
3) Billboard or sign for professional, per sq. m. or any fraction thereof 18.00
4) Advertisement by means of placards per sq. m. or any fraction
thereof 24.00
5) Advertisement for business or profession by means of slides in
movies houses or theaters, payable by owners of movie houses or
theaters, annually 121.00
6) Advertisement for business or profession by means of film
exhibition payable by owner of movies houses or theaters 2,000.00
7) For the use of electric or neon lights in billboards per sq. m.or
fraction thereof 30.00
8) Mass display of sign (per quarter );
(a) From 100 to 250 display signs 580.00
(b) From 251 to 500 display sign 871.00
(c) From 501 to 750 display signs 1,064.00

1,335.00
37
 (d) From 751 to 1,000 display signs
9) Advertisement by means of vehicles, balloons kites, etc. 66.00
(a) Per day or fraction thereof 102.00
(b) Per week or fraction thereof 133.00
(c) Per months or fraction thereof

(b) Others
1) Streamer (per piece) 100.00

SECTION 75. Payment of Fees . The corresponding fees shall be paid to the Office of the Treasurer
prior to the display of any advertising materials.

SECTION 76. Requirements. Any person desiring to display signs, signboards, or advertisements
shall file an application with Business Permits and License Office on the required form together with
the approved permit issued by the City Building Official.

SECTION 77. Exemptions .

A. Any advertising materials displayed at the place of business or profession shall be exempted
from the payment of fees.
B. Any streamer, banderetas or bunting containing announcement of religious and socio civic
activities, fiestas shall be exempted from the payment of fees.
C. The months of April, June and September in celebration of Rodeo Masbateño Festival, Patronal
Fiesta and City Anniversary respectively shall be exempted from the payment of fees.

SECTION 78. Penalty . Violation of Sections 71, 72, and 73 of this Ordinance shall be subject to a
fine of Php 500.00 or imprisonment of 6 months at the discretion of the court. Violation of Section 74
shall be penalized under the provision of the City Revenue Code of 2007.

Article XX

REGULATING VESSELS APPROACHING AND LEAVING

THE MASBATE BAY AND FOR OTHER PURPOSES

SECTION 79. Declaration of Policy. It is the primordial duty of the Local Government Unit in the City
of Masbate as embodied in the Local Government Code of 1991 to promote and protect the welfare
of its residents.

SECTION 80. Scope. This shall cover the operation of fastcraft vessels, plying Masbate City and
Pilar, Sorsogon in order to prevent damage to both life and property to residents of Barangay Bapor,
Bantigue and Bagumbayan.

SECTION 81. Administrative Provision. All vessels are required to slow down upon leaving or
approaching Masbate City to protect the life and property of residents caused by the waves created
or made by the passing fast vessels.

SECTION 82. Penalty. Any company who maintain vessels that traverses Masbate Bay found
violating this ordinance shall be meted the following penalties:
1st Offense - One Thousand Pesos
2nd Offense - Three Thousand Pesos
3rd Offense - Five Thousand Pesos and revocation of business permit

CHAPTER VIII
HEALTH AND SANITATION

Article I
PROHIBITING AND PENALIZING THE BURYING OF CADAVERS
OUTSIDE THE PUBLIC CEMETERY

SECTION 83. It shall be unlawful for any person or entity to bury the cadaver or mortal remains of
the dead or departed outside of the established public cemetery.

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SECTION 84. Any person or entity may, however, establish a private memorial to serve as final
resting place of loved ones or those under their employ and care after complying with the following
requirements:
(a) Application duly accomplished for the establishment of a family or private memorial park or space
with the Office of the Mayor;
(b) Payment of a permit fee in the amount of one thousand five hundred pesos;
(c) Payment of an annual license fee of five hundred pesos for family memorial and five thousand
pesos for private memorial.
(d) Certification from the Office of the City Assessor that the lot or land on which the memorial is to
be established is titled in the name of the applicant and taxes due from the real estate have been
regularly and fully paid on time.
(e) Certification from the City Health Office that the memorial is in accordance with the rules and
regulations on community sanitation and public health.

SECTION 85. A family memorial shall not be less than four meters by four meters, while a private
memorial shall not be less than one hectare.

SECTION 86. All burials in family and private memorials shall be done by entombing the cadaver
inside a concrete encasement, the base of which shall be six inches thick and securely sealed by
concrete to prevent seepage.

SECTION 87. All burials in family and private memorials shall be properly identified with the date of
birth, death of demise and most recent photo of the deceased encased on top of the tomb on no less
than 5” X 7” measurement.

SECTION 88. Family and private memorials shall be subject to periodical inspection by the City
Health Office, which shall promulgate rules and regulations for the effective supervision over family
and private memorials.

SECTION 89. Any person, or entity found violating the provisions of this ordinance shall be fined five
thousand pesos or not more than six months or both at the discretion of the court.

Article II
REQUIRING HOUSEHOLDS ENGAGED IN RAISING PIGS
TO PUT-UP TANK FOR DEPOSIT OF MANURE

SECTION 90. Any person engaged in raising pigs shall put up pig pens with corresponding tank for
deposit of manure or other waste matters.

SECTION 91. Any person found or caught raising pigs without pig-pens and corresponding tank
shall be fined five hundred pesos.

Article III
PROHIBITING PERSON FROM URINATING AND/OR DEFACATING IN PUBLIC PLACES

SECTION 92. Any person urinating and/or defecating in public places is prohibited in the City of
Masbate.

SECTION 93. Any person found violating this ordinance shall be fined two hundred pesos or render
community service for one day, pursuant to Clean and Green Program, or in case of refusal to
comply the order shall be charged in court and after conviction, shall be imprisoned at the discretion
of the court.

Article IV
RABIES CONTROL

SECTION 94.Definition Of Terms.

1. Dog- shall apply to all canine animals
2. Vaccination Against Rabies – the inoculation of a dog with a rabies vaccine licensed for
species
3. by the Bureau Of Animal Industry, Department of Agriculture. Such vaccination must be
performed by a licensed Veterinarian assisted by a trained livestock technician from the
Bureau of Animal Industry, Provincial Veterinarian Office and City Agriculture Office.

39
 4. Owner- any person keeping, harboring or having charge or control of or permitting any dog to
habitually be, or remain on, or be lodged or fed within such person’s house, yard or
premises.
5. Rabies Control Authority – duly authorized person or persons responsible for enforcement of
this Ordinance (policeman, Bureau of Animal Industry personnel, trained vaccinatory
members of the barangay council, etc.)
6. Has been Bitten –has been seized with the teeth so that the skin of the person has been
wounded or pierced, including scratches.
7. Enclosed Premises – the owner’s house, or fenced yard, where either people have no reason
to enter except to conduct business or visit with the members of the household.
8. Restrained – tethered, leased or caged

SECTION 95. City Rabies Control Committee

A City Rabies Control Committee shall be formed and shall possess the main authority of
implementing this rabies control ordinance and other control- related activities as it may deem
necessary.
This committee shall be composed of the following member, subject to additional membership as the
need arises:
1. Mayor - Chairperson
2. City Councilor - Chairperson of the Committee on (1) Health and (2) Agriculture)
3. City Agriculturist
4. City Health Officer
5. Chief of Police, Philippine National Police
6. City Schools Division Superintendent
7. President, Liga Ng Mga Barangay
8. Two Non-Government Organization Representatives
9. City Veterinarian
10. City Information officer
11. President, Federation of Homeowners Association.
Other suggested members are: City Planning and Development Coordinator representative of the
Department of Interior and Local Government, Clergyman.

SECTION 96. Rabies Vaccination.

Every dog three months of age or older should be submitted by the owner for vaccination against
rabies every year or as indicated on the label/literature of the vaccine within thirty days after they
have reached three months of age.

SECTION 97. Duties Of Veterinarian.

It shall be the duty of each veterinarian, when vaccinating any dog to complete a certificate of rabies
vaccination (in duplicate) for each animal vaccinated. The certificate shall include the following
information:
1. Owner’s name, address and telephone number (if any)
2. Description of the dog (color, sex, markings, age, name species and breed if any.)
3. Dates of vaccination and vaccine expiration (if known)
4. Rabies vaccination tag number
5. Vaccine producer
6. Vaccinator’s signature
7. Veterinarian’s license number/vaccinator’s address.
The dog owner shall be provided with a copy of the certificate. The Veterinarian/Vaccinator shall
retain one copy for the duration of the vaccination. A durable metal or plastic tag, serially numbered,
issued by the veterinarian /vaccinator, shall be securely attached to the collar of the dog.

SECTION 98. Vaccination Cost.

The cost of rabies vaccination shall be borne by the owner of the dog at a cost agreed upon by the
Committee.

SECTION 99. Dog Registration or Licensing.

Dogs should be registered by their owner upon reaching the age of three months and every year
thereafter. Unvaccinated dogs registered after reaching the age of three months and three months
40
old and above not previously registered shall be vaccinated upon registration. The Dog owner shall
pay such registration fee as maybe determined by the City/Barangay Council. The registration officer
shall provide the owner with a certificate of registration for the dog and affix to it a distinguishing
collar tag as proof of registration.

SECTION 100. Elimination of Unregistered Dogs.

Unregistered dogs over the age of four months shall be seized and humanely destroyed under the
supervision of a licensed Veterinarian of the City Rabies Control Authority or vaccinated and
registered under the provisions of Section 96.

The licensed veterinarian trained vaccinator of the rabies Control Authority shall give the guidance
on the destruction methods to be used (shooting, poisoning, carbon dioxide anesthetic overdose) in
different environments (area of habitation, marketplace, rubbish dumps, open countryside etc.)

The licensed veterinarian/ trained vaccinator of the Rabies Control Authority or a police officer may
enter any land for the purpose of seizing or destroying a dog which is liable to be seized under this
section.
Elimination is based on the presence or absence of a dog tag and a registration or vaccination
certificate.

SECTION 101. Reporting of Biting Incidents.

The owner of a dog which has bitten any person, and the person who was bitten shall, within
twenty four hours of the occurrence, report the incident to the City Health Office and the health care
worker or the police officer receiving such information shall immediately transmit it to the City
Rabies Control Authority for investigation.

SECTION 102. Liability of Owners of Biting Dogs.

The owner of a dog which has bitten any person shall be responsible for all the treatment and dog
examination related expenses incurred by the victims unless the bite was inflicted by a restrained
and registered dog or had occurred within the owners enclosed premises, in which case
arrangements shall be made between the owner and the victims.

SECTION 103. Penalties for Violation of Ordinance.

Any dog owner who fails to abide by any of the provisions of this ordinance shall be subjected to a
fine of not less than One Thousand Pesos but not exceeding Two Thousand Five Hundred Pesos.

Article V
INTENSIFICATION OF THE USE OF IODIZED SALT

SECTION 104. Policy. It is the expressed policy of the City of Masbate to actively participate in the
program of the national leadership in the elimination of micro–nutrient malnutrition in the country,
particularly iodine deficiency disorders, though the most cost–effective preventive and corrective
measures of salt iodization.

SECTION 105. Applicability. This Ordinance shall be applicable within the City of Masbate and shall
be implemented by the Office of the City Mayor or an authorized representative.

SECTION 106. Legal Basis. The basis of this Ordinance is the exercise of the police power of the
State to ensure the health and welfare of the populace.

SECTION 107. All salt producers, traders/suppliers and retailers are required to sell only iodized salt
for human and animal consumption.

SECTION 108. All commercial food establishments such as restaurants, canteen, hotels, hospitals,
caterers, all other food outlets as well as food manufacturers are required to use only iodized salt in
food processing, food preparation and service.

SECTION 109. The Office of the City Mayor though the City Nutrition Committee to be chaired by
the City Health Office shall:
a) Formulate guidelines for the effective implementation of this Ordinance;

41
 b) To conduct periodic monitoring of the quality of iodized salt distributed and sold in the market
and that being used by food establishments;
c) Develop and implement a promotional plan on the use of iodized salt.

SECTION 110. Sanction.

Any producer, manufacturer, distributor, food outlets, restaurants and stores who violate any
provision of this Ordinance shall be fined One Thousand Pesos but not more than Two Thousand
Five Hundred after due notice and hearing and revocation of the License to Operate issued by the
Bureau of Food and Drugs.

Article VI
REQUIRING ADMINISTRATORS OF BOARDING HOUSES, DORMITORIES, ROOMS
FOR RENT AND THE LIKES TO SET UP A SEPARATE COMFORT ROOM FOR THEIR
MALE AND FEMALE BOARDERS

SECTION 111. Considering the different needs and hygiene of females from their opposite sex,
owners and/or administrators of boarding houses, dormitories, rooms for rent and the likes in the
City of Masbate must provide separate comfort rooms for them.

SECTION 112. The term boarding houses, dormitories, rooms for rent shall not only be limited to
commercial businesses established for the purpose but shall also embrace the term dwelling and
residential houses that accept boarders for the purpose of generating income.

SECTION 113. Provision of separate comfort rooms for male and female boarders is hereby
considered as one of the requirements in securing or renewing business and building permits from
the City Government of Masbate.

SECTION 114. Prior to the issuance of the permit mentioned in the next preceding section, the
owner and/or administrator of these boarding houses, dormitories and rooms for rent shall present a
proof that they have already complied with the required provision of separate comfort rooms for male
and female boarders.

SECTION 115. Failure to comply with this ordinance shall mean a cancellation of business and
building permits issued to the owners and administrators of these establishments.

Article VII
REGULATING TONSORIAL AND BEAUTY ESTABLISHMENTS

SECTION 116. Definition of Term. Tonsorial and beauty establishments include barber shops,
beauty parlors, hairdresser and manicure establishments and slenderizing saloon.

SECTION 117. Requirements. These establishments are subject to the following requirements:
A. Sanitary permit shall be procured from the local health authority.
B. They shall be maintained clean and sanitary at all times.
C. No person shall be employed to service customer without a health certificate issued by the Local
Health Authority.
D. Establishment must be provided sterilizer equipment.

SECTION 118. Sanitary Practices. The following sanitary practices shall be observed:
A. Working personnel shall wash their hands with soap and water before servicing customers.
B. They shall wear clean working garments.
C. They shall not smoke nor eat while working.
D. Instruments of their trade shall be cleaned and disinfected before and after their use.
E. Customers shall be supplied with clean and fresh towels, draped other linen necessary.
F. Precautionary measures to prevent disease transmission shall be observed when serving
customers showing any form of dermatoses.

SECTION 119. Any person violating the provisions of this Ordinance shall be penalized as follows:
1st offense - Warning/Reprimand
2nd offense - Fine of Two Hundred pesos
rd
3 offense - Fine of Three Hundred pesos or suspension of the license
for one month
4th offense - Revocation of the establishment license.
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 Article VIII
PROHIBITING SMOKING IN ALL PUBLIC PLACES INCLUDING
GOVERNMENT AND PRIVATE OFFICES EXCEPT IN DESIGNATED AREAS

SECTION 120. Declaration of Policy. It shall be the policy of the City Government of Masbate to
prohibit smoking in public conveyances plying within the City of Masbate and in all government
offices, private offices and public places located in the City of Masbate except in areas designated
as smoking area and imposing penalties for violation thereof.

SECTION 121. Definition of Terms.

1. Government Offices – all national and local government offices conducting services within the
jurisdiction of the City of Masbate.
2. Private Offices – all private or non-government offices with permanent or temporary units or
offices transacting or doing business within the City of Masbate.
3. Smoking Area – a designated area within the office or public place where smoking is allowed and
properly marked as “Smoking Area”.
4. Smokers – the individuals to whom is attributed the habit of smoking or inhaling of smoke
incurred from lighted cigarettes.
5. Client – any individual who involves or enjoys services rendered from government offices and/or
private offices within the City of Masbate.
6. Public Conveyances – are any made of public transport, powered by or without the aid of an
engine that plies the route within the territorial jurisdiction of the City of Masbate.
7. Public Places – any enclosed structure within the City of Masbate that caters services to the
general public.

SECTION 122.Prohibited Act.

It shall be unlawful for any individual to smoke in all government offices, public conveyances, public
places and in all private offices not otherwise designated as smoking areas.

SECTION 123. Enforcement.

Aside from the regular enforcers of laws or ordinances like the Philippine National Police, the Chief
Executive may deputize the following to enforce this ordinance:
a) Barangay Captain
b) Barangay Unified Force of the City

SECTION 124.Penalties.
First Offense – the smoker or violator of this ordinance shall be fined Two Hundred Pesos
Second Offense – Four Hundred Pesos
Third Offense – Five Hundred Pesos and one-month imprisonment upon the discretion of the
court.

Article IX
COMPULSORY SUBMISSION OF CERTIFICATE OF PHILHEALTH PREMIUM REMITTANCE
BY ALL PRIVATE BUSINESS ESTABLISHMENTS

SECTION 125. Coverage. This ordinance shall apply to all private business establishments
operating within the City of Masbate. The certificate will be an additional requisite in securing
business permit.

SECTION 126. Authority And Purpose. This ordinance is in accordance with the National Health
Insurance Act of 1995 which provides for the mandatory coverage of the employees in the
government and private sectors, the enrollment of the indigent households and individually paying
groups not covered by the health insurance. It is imperative to address the increasing demand for
affordable health care benefits and ensure that the workers receive due benefits from the service
they are performing for their employers. In which way, the aim to provide all employees with the
mechanism to gain financial access to health benefits will be realized with the Local Government
Unit of Masbate ensuring that prescribed policies are acted upon.

SECTION 127. Application.

A. The City Government of Masbate shall oblige all private business establishments to submit a
Certificate of Premium Remittance in securing business permit while operating in the City
43
B. Compliance with this requisite shall be monitored by the City Permit and Licensing Officer in
coordination with the Local Philhealth Office.

SECTION 128. Penalty Clause. Any business establishment violating the provisions of this
Ordinance shall not be issued a business permit.

Article X
PROHIBITION OF THE SALE OF CIGAR/ CIGARETTES TO MINORS

SECTION 129. Declaration of Policy. The Masbate City Government recognizes the vital role of the
youth in nation building, thus promote their physical, moral and social well-being. The City
Government of Masbate recognizes the protection health. One among so many measures to be
taken is for them not to be exposed to vices as smoking in their tender age.

SECTION 130. Definition of terms .

1. Cigar – a small roll of tobacco leaves prepared for smoking;
2. Cigarettes – a small roll of finely cut tobacco leaves in thin paper, used for smoking;
3. Minor – persons under the age of eighteen years.

SECTION 131. For purpose of strict compliance and for this ordinance to be accorded with the
dissemination possible, each applicant for cigar/ cigarettes license and/ or renewal for a business
permit to sell cigar/ cigarettes shall be required to put up a sign bearing the words “NO SERVING/
SELLING OF CIGAR/ CIGARETTES TO MINORS”, the letters of which shall not be less than three
inches tall with the corresponding number of Business Permit and License to Operate with the
ordinance clearly indicated underneath. This must be posted or conspicuously exhibited in plain view
at the place where the business is being conducted. In case of doubt, as to the age of person,
seeking to be served or wanting to buy if the prohibited items, the seller will require an identification
card in his possession – “NO ID, NO SALE.”

SECTION 132. Any person or in case of business establishment, the owner or the manager, caught
in the act or found violating any provision of this ordinance shall be penalized as follows:
1st Offense – a fine of Five Hundred Pesos and imprisonment of one month or thirty days depending
upon the discretion of the court;
2nd Offense – a fine of One Thousand Pesos and imprisonment of two months or sixty days
depending upon the discretion of the courts;
3rd Offense – a fine of Five Thousand Pesos and imprisonment of a maximum of one year,
depending upon the discretion of the court plus cancellation of permit to operate.

Article XI
SMOKING BAN ON MINORS

SECTION 133. Any person below eighteen years old who is considered minor shall be prohibited
from smoking.

SECTION 134. Penalty Clause. Any minor caught violating this Ordinance shall be punished as
follows:
a. 1st Offense – Fine of Twenty pesos and must render an accumulated two hours of community
service in his or her school. If the violator is an out-of-school minor, shall render an
accumulated four hours of community service under the supervision of the City Health Officer
as well as counseling by any preferred religious sector.
b. 2nd Offense – Fine of Fifty pesos and must render an accumulated four hours of community
service in his or her school. If the violator is an out-of-school minor shall render an
accumulated eight hours of community service under the supervision of the City Health Office
as well as counseling by any preferred religious sector.
c. 3rd and Succeeding Offenses – Fine of One Hundred Pesos and must render an
accumulated eight hours of community service in his or her school. If the violator is an out-
of-school minor, shall render an accumulated sixteen hours of community service under the
supervision of the City Health Office as well as counseling by any preferred religious sector.

SECTION 135. Implementing Authority. The City Health Office shall be in charge of monitoring the
compliance of this Ordinance. The Philippine National Police, School Heads, Barangay Council
members, Barangay Tanods and Barangay Unified Force shall be in charge of strictly enforcing this
Ordinance.

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 Article XII
ESTABLISHING MECHANISMS FOR THE PREVENTION AND CONTROL OF
SEXUALLY TRANSMITTED DISEASES IN THE CITY OF MASBATE

SECTION 136. Purpose. The Ordinance is enacted to establish mechanisms for the prevention and
control of sexually transmitted diseases in the City of Masbate and the creation of a Multi-Sectoral
Council to be the central advisory, planning and policy-making body on the prevention and control of
this disease.

SECTION 137. Definition of Terms.

1. Acquired Immune Deficiency Syndrome (AIDS) – a condition characterized by a combination of
signs and symptoms, caused by human immune-deficiency virus contracted from other person
and which attacks and weakens the body’s immune system, making the affected individuals
susceptible to other life-threatening infections.
2. Behavioral surveillance – a systematic and regular collection of information risk behavior and co-
factors of the transmission of human immune-deficiency virus infection among selected groups.
3. Council – a set of government and private individuals organized for the purpose of brevity in the
prevention and control of sexually transmitted diseases and shall be titled Masbate City Multi-
Sectoral STD/AIDS Council.
4. Entertainment Establishment – are business establishments that include but not limited to bars,
nightclubs, disco house, cocktail lounges, massage clinics, videoke bars, sing-along pub houses
and other similar establishments that are required to secure permit to operate within the City of
Masbate.
5. Human Immune-Deficiency Virus – refers to the virus which causes Acquired Immune Deficiency
Syndrome.
6. HIV/AIDS Education – the provision of information on the causes, prevention and consequences
of HIV/AIDS and activities designed to assist individuals to develop the confidence and skills
needed to avoid human immune-deficiency syndrome transmission and to develop more positive
attitudes towards people living with HIV/AIDS.
7. Peer Educator – a person belonging to the same group or same social network to the target
population, who is trained to conduct HIV/AIDS health education activities.
8. HIV/AIDS Prevention and Control – the program strategies and measure aimed at protecting
non-infected persons from contracting HIV and minimizing the impact of the condition on people
living with HIV/AIDS.
9. Prophylactic – any agent or device used to prevent the transmission of the disease i.e. condom.
10. Serological Surveillance – a systematic and regular collection of blood samples to identify the
distribution and trends of HIV infection among selected groups.
11. Sexually Transmitted Diseases – any disease that is acquired or transmitted through sexual
contact.
12. Passive Surveillance – the HIV registry in which the health authorities receive reports from
physician, clinics and laboratories of STD/AIDS confirmed cases.
13. Active Surveillance – sentinel serologic surveillance which is the systematic and regular
collection of blood samples to identify the distribution and trends of HIV infection among selected
groups.

SECTION 138. Mandatory STD/AIDS Education. It shall be mandatory for all operator and
managers, entertainment establishment as defined herein to attend seminars on STD/AIDS
prevention conducted be the City Health Office, Masbate City Council, or Non-Government
Organizations accredited by the City Government, otherwise no permit to operate shall be granted to
the aforementioned establishments.

SECTION 139. Agencies Tasked to Conduct Seminars. The Hygiene Clinic of the City Health Office,
City STD/AIDS Council and Non Government Organizations accredited by the City Government are
hereby tasked to conduct seminars periodically and to make themselves accessible for seminar
purposes to the above-mentioned individuals and to other persons who may need such services.

SECTION 140. Issuance of Permit to Operate. In compliance with this ordinance, the establishments
mentioned in this ordinance should not be allowed to operate unless a certificate of attendance in
STD/AIDS seminar has been issued to it operator and to all of its employees.

SECTION 141 . Peer Educator. All registered entertainment establishments should be required to
have at least one peer educator.

SECTION 142. Availability of Prophylactics. To prevent STD/AIDS, all entertainment establishments

are required to make prophylactics or condoms available within their establishment.
45
SECTION 143. Regular STD screening for entertainers and others with similar occupation. All
entertainers, masseurs and others with similar occupation shall undergo compulsory medical check-
up (gram staining) to be conducted twice a month (1st and 3rd Monday) at the Hygiene Clinic located
at the City Health Center.

SECTION 144. Compilation of Roster of Entertainers/Employees in entertainment. The City Health

Office shall maintain a roster of entertainers/employees indicating their ages and place of
employment. As proof of age, entertainers shall present Certificate of Live Birth to the City Health
Office. In relation thereto, all owners/operators/managers of entertainments shall submit to the City
Health Office a quarterly updated list of their employees.

SECTION 145. Reporting. All hospitals, clinics, laboratories and testing centers for STD/AIDS is
required to immediately report to the City Health Office any identified STD/AIDS cases, observing
the provision of Republic Act 8504.

SECTION 146. Contact Tracing. STD/AIDS contact tracing and all other related health intelligence
activities may be pursued by the Council in coordination with the City Health Office, provided, such
shall not contravene to the general purpose of Republic Act 8504. Provided, further, that any
information gathered shall remain confidential and classified, and can only be used for statistical and
monitoring purposes and not as basis or qualification for any employment, school attendance,
freedom to abode, or travel.

SECTION 147. Medical Confidentiality. All health professional, medical instructors, workers,
employers, hospitals, laboratories, recruitment agencies, insurance companies, data encoders, and
other custodians of any medical record, file, data, or test results are directed to strictly observe
confidentiality in the handling of all medical information, particularly the identity and status of persons
with STD/AIDS.

SECTION 148. Exceptions to the mandate of Confidentiality. Medical confidentiality shall not be
considered breached in the following:
a. When informing health workers directly involved or about to be involved in the treatment or
acre of a person with STD/AIDS: Provided, that such treatment or care carry the risk of HIV
transmission; Provided further, that such workers shall be obliged to maintain the shared
medical confidentiality; and
b. When responding to a subpoena duces tecum and subpoena ad testicandum issued by the
court with jurisdiction over a legal proceeding where the main issue in the HIV status of an
individual: Provided, that the confidential medical record shall be properly sealed by its lawful
custodian after being double checked for accuracy by the head of the office or department,
hand delivered, and personally opened by the judge: Provided further, that the judicial
proceedings be held in executive session.

SECTION 149. Release of STD/AIDS Test Results. All results of STD/AIDS testing shall be
confidential and shall be released only to the following persons:
a. The person who submitted himself/herself to such test;
b. Either parent of a minor child who has been tested;
c. A legal guardian in the case of insane persons or orphans;
d. A person authorized to receive such result in conjunction with the surveillance program of the
City Health Office as provided in accordance with the provisions in Section 27 of Republic
Act 8504; and
e. A justice of the Court of Appeals or the Supreme Court, as provided in accordance with the
provisions of Section 16 of Republic Act 8504.

SECTION 150. Reporting Procedures. All hospitals, clinics, laboratories, and testing centers for
STD/AIDS shall adopt measures in assuring the reporting and confidentiality of any medical record,
personal data, and file, including all data which may be accessed from various data banks of
information systems from the City Health Office.

SECTION 151. Disclosure to Sexual Partner. Any person with HIV is obliged to disclose his HIV
status and health condition to his/her spouse or sexual partner at the earliest opportune time.

SECTION 152. Discrimination in the Workplace. Discrimination in any form from pre-employment to
post-employment, including hiring, promotion or assignment, based on the actual, perceived or
suspected HIV status of an individual is prohibited Termination from work on the sole basis of actual,
perceived or suspected HIV status is deemed unlawful.
46
SECTION 153. Discrimination in School. No educational institution shall refuse admission or
expulsion, discipline, segregate, deny participation, benefits or services to a student or prospective
student on the basis of his actual, perceived or suspected HIV status.

SECTION 154. Restrictions on Travel and Habitation . The freedom of abode, lodging and travel of a
person with HIV shall not be abridged. No person shall be quarantined, placed in isolation, or
refused lawful entry into or deported from Philippine territory on account of his/her actual, perceived
or suspected HIV status.

SECTION 155. Declaration of AIDS Awareness Month. The month of May is hereby declared as
AIDS Awareness Month to coincide with the commemoration day for persons living with HIV/AIDS
and International Day of Action in Women’s Health.

SECTION 156. Creation of the Masbate City Multi- Sectoral STD/AIDS Council. A Masbate City
Sectoral STD/AIDS Council for the purposes of brevity is hereby created for the prevention and
control of STD/AIDS in the City of Masbate.

SECTION 157. Composition.

Chairperson - City Mayor
Co-Chairperson - City Health Officer
Members - Sangguniang Panlungsod (SP) Member/
Chairperson-Committee on Health and Sanitation
- SP Member/Chairperson – Committee on Peace and
Order and Public Safety
- SP Member/Chairperson-Committee on Women and Family
- City Social Welfare and Development Officer
- City Director, Department of Interior & Local Government
- Chief of Police, Masbate City Police Station
- City Division Superintendent, Department of Education
- Two Representatives from accredited Non-Government
Organizations actively involved in programs, activities and
advocacy with STD/AIDS prevention

A permanent representative shall be designated by each members of the Council, who in case of
their absence will represent them during meetings of activities of the Council.

SECTION 158. Term of Office . Term of office of representatives from Non-Government

organizations to the Council shall be co-terminus with the term of the appointing authority; provided
that the organization from which they are representative must continue to exist and must maintain
the purpose for which they were chosen.

SECTION 159. Powers and Functions. For the attainment of the purpose, the Council shall be
charged and vested with the following powers and functions:
a. Formulate policies and strategies for the prevention and control of STD/AIDS within the City;
b. Prepare short, medium and long-term plans for the prevention and control of STD/AIDS;
c. Monitor and evaluate the implementation of its program and plans, campaigns and strategies;
d. Organize and encourage owners/operators/managers of registered entertainment
establishments, sauna and massage parlors to actively participate in the prevention and control
of STD/AIDS;
e. Identify and recommend priorities and gaps in local STD/AIDS relate cases;
f. Conduct periodic public information, education and communication activities in the promotion of
prophylactic, reproductive health prevention and control of STD/AIDS in different communities
and barangays;
g. Conduct regular seminars in all educational institution from primary to tertiary level and to
distribute, disseminate, circulate, publish or broadcast modules, pamphlets, booklets, brochures
or other forms of information, be it written, verbal, audio or video;
h. Conduct regular seminars/forum/dialogues in all government institution and agencies and its
subdivisions whether national or local government owned or controlled corporations found within
the territorial jurisdiction of the City as well as private establishment and to continue,
disseminate, circulate, publish or broadcast modules, pamphlets, booklets, brochures or other
forms of information be it written, verbal, audio or video;
i. Conduct yearly STD/AIDS Serological and Behavior Surveillance in coordination with the
Hygiene Clinic of the City Health Office and the Department of Health among the people with

47
 high-risk sexual behavior or those who by the nature of their work is prone to contracting
STD/AIDS virus;
j. Initiate skills training, advocacy program and development strategies to benefit the people with
the high risk of contacting STD/AIDS virus;
k. Monitor, inspect, examine regularly the facilities, practices and procedures of hospitals,
medical/dental clinics, medical/dental laboratories, medical/dental testing centers and blood
banks located within the territorial jurisdiction of the City whether they are public or privately
owned, for profit or charitable purpose and evaluate whether or not they complied with the
existing minimum standards in the prevention and containment of STD/AIDS diseases;
l. Recommend to the Sangguniang Panlungsod enacted laws and ordinances that shall assist in
the control and prevention and containment of STD/AIDS;
m. Recommend the closure or imposition of sanctions or penalties of any establishment found
violating the prohibited acts as mentioned under this ordinance;
n. Assist in the source/request for funding and recommend allocation or resources;
o. Act as the primary agency that shall represent the City in all conventions, conferences, forums or
gathering of other agencies, organizations, leagues, chambers or groupings whether national,
local or international pertaining to the issue of STD/AIDS;
p. Monitor in coordination with the City Health Office and other private entities STD/AIDS cases;
q. Identify STD/AIDS cases through passive and active surveillance; and
r. Perform all other task and functions related to the overall objective in the prevention and control
of STD/AIDS in the City.

SECTION 160. Meeting . The Council shall meet at least once a month or as often as may be
necessary by serving notice to all members at least a day before the meeting.

SECTION 161. Quorum . The presence of at least a majority of all the members of the Council shall
constitute a quorum for purpose of doing business.

SECTION 162. The Secretary. The council shall have a Secretary who shall be designated as such
by the City Mayor to be taken from the organic personnel of the Masbate City Government.

SECTION 163. Functions of the Secretary. The Secretary shall the following functions and duties:
a. Prepare the agenda of the meeting of the Council and record the minutes of the same;
b. Shall keep all the records of the Council;
c. Submit an annual report to the Council within two months after the close of each calendar year;
d. Oversee the implementation of the policies, programs, and activities of the Council; and
e. Perform such other functions as may be required by the Council.

SECTION 164. Honorarium. Subject to limitations fixed by existing law, the Chairperson and
members shall be entitled to an honorarium of Five Hundred Pesos for every meeting actually
attended to, but in no case shall it exceed One Thousand pesos per month.

The Secretary shall likewise be entitled to an honorarium of Two Hundred Fifty pesos for every
meeting actually attended to, but in no case shall it exceed Five Hundred pesos per month.

SECTION 165. Monitoring Programs. The council shall establish a comprehensive STD/AIDS
monitoring programs in coordination with the City Health Office’s similar monitoring program to
determine and monitor the magnitude and progression of STD/AIDS infection in the City and for the
purpose of evaluating the adequacy and efficacy of the countermeasures being employed by the
Council, City Health Office and NGOs.
Further, the Council in coordination with the City Health Office shall monitor STD/AIDS cases
through passive and active surveillance. Active surveillance includes conduct of a yearly STD/AIDS
serological and behavioral surveillance among the people with high-risk sexual behavior or those
who by the nature of their work is prone to contacting ST/AIDS.

SECTION 166. Penalty. Violation of any of the provisions of this ordinance or of any rules and
regulations issued thereunto shall be punished by imprisonment of not less than six months but not
more than one year or a fine of not less than three thousand pesos but not more than Five Thousand
pesos or both at the discretion of the court.

SECTION 167. Appropriations. There is hereby appropriated the initial amount of Three Hundred
Thousand pesos for the operation of the Council and for the implementation of its policies and
program.

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 CHAPTER IX
ENVIRONMENTAL PROTECTION

Article I
DECLARING UNLAWFUL THE CUTTING AND DESTRUCTION OF TREES.

SECTION 168. No person shall cut and destroy trees planted along the national, provincial,
municipal and barangay roads within the jurisdiction of the City of Masbate.

SECTION 169. Persons found violating this Ordinance, shall upon conviction be punished by a fine
of not more than One Thousand Pesos or an imprisonment of not more than thirty days, or both such
fine and imprisonment at the discretion of the court.

Article II
PROHIBITING THE DUMPING AND BRINGING OUT OF GARBAGE IN STREETS,
SIDEWALKS AND FRONTAGES OF RESIDENTIAL HOUSES AND ESTABLISHMENTS

SECTION 170. Any person is prohibited from dumping or bringing out of garbage in the streets,
sidewalks or frontages of residences and establishments unless a garbage truck arrived for
collection.

SECTION 171. Any person found violating this ordinance shall be fined Two Hundred Pesos, render
community service for one day pursuant to clean & green program, or in case of refusal to comply
the order shall be charged in court and after conviction be imprisoned at the discretion of the court.

Article III
CONTROLLED BURNING

SECTION 172. Declaration of Policy. It is hereby declared the policy of the City Government of
Masbate to prescribe guidelines for controlled burning.

SECTION 173. Controlled burning shall be allowed only if the following conditions are present:
a. Clearance from the Barangay Chairperson is first secured;
b. Inspection has been made by the representative of the City Environment and Natural Resources
Officer and City Agriculture Office;
c. Adjacent to the owners who may be affected have been duly informed at least three days in
advance before burning takes place;
d. Firelines ( at least five meters wide) have been built to prevent fire from spreading;
e. Burning should be done only during sunset or early in the morning and when there is no strong
wind;
f. Burning should be done only by patches or by blocks of not more than one hectare per burning
to avoid creating a big fire;
g. Clearing should be left only when the embers has already subsided; and
h. There shall be a minimum of ten gallons of water for conventional method of fighting fire in the
area.

SECTION 174. Clearing by control burning shall be allowed only in the following areas:
a. Titled private lands (with Certificate of Title);
b. Assessed land alienable and disposable lands with approved public land application but without
Certificate of Title;
c. Applied alienable and disposable lands cultivated and/or occupied for more than thirty years but
without Certificate of Titles;
d. Previously kinaingin public forest lands covered by Certificate of Stewardship; and
e. Grasslands documented and identified ancestral lands.

The utilization of timber found in said areas shall only be allowed if there is a permit issued by the
Department of Environment and Natural Resources or by the City Environment and Natural
Resources Officer in case utilization is within the devolved areas.

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SECTION 175. In no case shall clearing by burning be allowed in public forest lands without
Certificate of Stewardship or Agreement with the Department of Environment and Natural
Resources, in watersheds areas, refuge and wildlife sanctuaries, in communal forest and in other
identified forest and government reservations.

SECTION 176. Forest occupants without Certificate of Stewardship may be allowed to clear their
areas only after filing their application for Stewardship with the Community Environment and Natural
Resources Office, Department of Environment and Natural Resources and the City Environment and
Natural Resources Office has issued certification that they are qualified to avail of the Integrated
Social Forestry Program. Said forest occupants must be residents of the Barangay (or adjacent
barangays) where their farm lots are located in which case, a certification from the Barangay
Chairperson shall be required.

SECTION 177. Clearing by control burning in private lands shall only be allowed if done by the
owners themselves; otherwise, a written permit from the owners shall be secured.

SECTION 178. Cleared farm lots shall immediately be planted to suitable crops with technical
assistance on proper farming methods from the Office of the City Agriculturist.

SECTION 179. Forest occupant-cultivators shall always be appraised of their obligations and
responsibilities in case of violations of Section 52, 68, 69 and 70 of Presidential Decree 705. The
City Environment and Natural Resources Office shall initiate measures to prevent their commission
of said offenses.

SECTION 180. Individuals who would like to gather, collect, transport minor forest products found in
forest lands presently occupied/cultivated by them shall secure the assistance of the Community
Environment and Natural Resources Office, Department of Environment and Natural Resources and
the City Environment and Natural Resources Office for the issuance of the corresponding permits.

Article IV
PROHIBITING THE USE OF COMPRESSOR-AIDED AND CYANIDE FISHING

SECTION 181. Pursuant to Republic Act No. 8550, otherwise known as the Philippine Fishery Code
of 1998.

SECTION 182. Prohibition and Penalties.

A. It shall be unlawful for any person to catch or cause to catch, take or gather fish or other fishery
species with the use of compressor in the territorial waters of the City of Masbate, except when:
(i) The Department of Environment and Natural Resources with the concurrence of the
City Government may allow by issuing a written permit subject to the safeguards and
conditions, the use of compressors to catch, take, or gather fish or fishery species for
research, educational or scientific purpose only.
(ii) The Philippine Coast Guard with the concurrence of the City Government, may allow
the use of compressors.
(iii) The City Government may allow the use of compressors by issuing a written permit
signed by the City Mayor, subject to such safeguards and conditions deemed
necessary and endorsement from the Chairman of the Barangay Fishery and Aquatic
Resources Management Council and Barangay Captain of the Barangay where the
permitee is a permanent resident, for the necessary installation of fish traps or “bobo”.
The discovery of compressor or compressors in any vessel or in the possession of any fisherfolk,
operator, fishing boat official or fish worker, except those allowed in sub-par (i) (ii) (iii) of these
sections, shall constitute a prima facie evidence that the same was used for fishing in violation of this
ordinance.
B. Mere possession of compressor for fishing except those allowed in sub-par (i) and (iii) of this
section shall be punishable by an imprisonment ranging from one month to six months.
C. Actual use of compressor for fishing except those allowed in sub-par (i) (iii) of this section shall be
punishable by an imprisonment ranging from six months to one year or a fine Five Thousand pesos
or both fine and imprisonment without prejudice to the filing of separate criminal cases even the use
of the same results in physical injury or loss of human life.

50
D. Dealing or selling in a manner dispensing of, for profit, of fishery species illegally caught or
gathered using compressor shall, except that which is allowed in sub-par (iii) shall be punished by an
imprisonment ranging from one month to six months.
E. In all cases enumerated above, the compressor and associated devices as well as the fishing
vessel, fishing equipment and catch, shall be forfeited in favor of the city government.

Article V
ADOPTING NEW RULES & REGULATIONS FOR SOLID WASTE MANAGEMENT SYSTEM

SECTION 183. Coverage . This Ordinance shall apply to all individuals, residential houses, and
commercial establishments such as hotels, pension houses, resorts, recreational centers,
restaurants, eateries/carinderias, cafes, appliance centers, hardware stores, cinema houses, public
markets, department stores, malls, groceries, sari-sari stores, stalls, shops, vendors, parlors, disco
houses, dancing halls, night clubs, karaoke/videoke bars, beer gardens, lounges, bistros, watering
holes and other commercial establishments in general; institutions like hospitals, clinics, funeral
homes/parlors, schools, churches, banks, lending, public and private offices; industrial
establishments like factories, plants, slaughterhouses, piggeries, cattle ranches/fattening,
warehouses, mills and dryers; transportation facilities like airport, wharf, terminals, buses, jeepneys,
tricyles, hauling trucks, ships and boats; river and creeks, parks, public and private lands, public
open spaces and thoroughfares; and agricultural areas.

SECTION 184. Authority and Purpose. This Ordinance is enacted to supplement the provisions of
existing laws and ordinances related to Solid Waste Management.

General Purpose:
a. To guide, control and regulate the generation at source, storage, pre-treatment, collection,
transport and disposal of solid waste within the city and promote an orderly and sanitary system
for the same;
b. To enhance the rehabilitation and protection of the city through the necessary control and
mitigation of negative environmental impacts attributed to solid waste.
c. To minimize the generation of solid waste and optimize possible resource recovery/recycling and
utilization by:
 Maximizing the use and consumption of goods;
 Allocating fair inputs in the production of goods, food and services;
 Encouraging the salvage of possible “recoverable” from solid waste for re-use and/or
recycling back to production process;
 Encouraging the recycling and resource recovery of waste in backyards through
composting, bio-gas production and waste to energy; and
 Providing assistance and cooperation in the recycling of solid waste.

SECTION 185. Goal. The primary goal of this Ordinance is to help enhance ecological balance of
the community through sustainable and integrated waste management.

SECTION 186. Objectives. The objectives of this Ordinance are the following:
a. To ensure cleanliness through orderly waste management;
b. To cease and desist from utilization of open garbage dumps which serves as breeding ground of
disease-causing organisms, foul odor and harmful fumes; emits greenhouse gases which
contribute to global warming and thinning of the ozone layer; generates leachate which pollute
soil and water resources, and permits unhealthy scavenging activities;
c. To eradicate unsightly, uncovered and overflowing waste receptacles in streets, public places
and open spaces;
d. To maximize and optimize sanitary resource recovery for feeds, fuel, materials and energy; and
e. To minimize pollution arising from harmful gases, smoke, smog, particles produced by needless
burning/dumping, polluted runoffs into water sources/supply, and hazardous substances.

SECTION 187. Definition of Terms.

1. Bio-gas digester – is a mixture of methane, carbon dioxide and traces of inert airtight digester
chamber.
2. Compost – decayed organic materials for use as soil conditioner or fertilizer.
3. Composting – biological degradation under controlled conditions; the process of making
biodegradable such as food waste, garden waste, human waste into compost by mixing with soil,
water, biological additives/activators and air.
4. Clinics – facilities for diagnosis and treatment of walk-in or outpatients, including among others,
veterinary, dental and other related services.
5. Department Stores – stores selling wide variety of goods and arranged in many departments.
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6. Domestic Waste – is the refuse from households and commercial establishments as
distinguished from industrial waste, agricultural waste, hospital waste and building and
demolition waste, which may be classified as biodegradable (compostable) on non-
biodegradable (non-compostable).
7. Eateries/Carinderias – refer to small eating places that serve meals usually without so much
amenities and accommodate few people.
8. Entertainment spots – shall include disco houses, night clubs, karaoke/videoke bars, beer
gardens, lounges, bistros, watering holes and other related establishments.
9. Enzyme – a protein produced by cells, with substances to initiate or accelerate chemical reaction
in plant or in animal matter, acting like an organic catalyst.
10. Factories/Plants – refer to establishments for manufacturing and production such as canneries
and other related establishments.
11. Factory Returnable – all non-biodegradable, non-compostable such as tin cans/metals, bottles,
glasses including broken pieces, plastics, styrofoam, rubber, dry paper, dry card boards, dry
cloths, fibers, leathers hard shells, hard bones, etc., that are segregated in separate containers
or placed in one sack (cans, bottles, containers already rinsed) and are sold/given away to
collectors.
12. Feed Materials – All food waste, peelings, vegetable trims, fish entrails, fowl innards, spoiled
fruits, leftovers, egg shells, rice/fish/meat washing, etc., that should be collected and kept in
covered containers as hog/chicken/duck/pet/fish feeds.
13. Fermentable – fruit peelings, spoiled or over-ripe fruits, juices, e.g., buko juice, made into
vinegar, wine or “nata de piña.”
14. Fertilizer Materials – All compostable or biodegradables such as garden waste, (leaves, twigs,
weeds), animal waste (manure, carcasses), human waste (feces, urine, blood, all excreta), soiled
wipes such as tissue papers, pads, diapers (removed plastic portions) are made into compost for
organic gardening.
15. Filling Materials – Materials compacted and mixed with rice chaff and “binders” and used for
appropriate construction projects.
16. Fine Crafts - many of the non-biodegradable could be used as materials for handicrafts, cottage
industries, art works, toys and other livelihood projects such as paper mache, paper basketry, tin
craft, metal craft, plastic twine or rope braids, feather craft, wooden craft, lahar craft, styrofoam
melted in small amount of gasoline solvent provides cheap glue or “binder’ for many of the
projects.
17. Food Materials- include certain kinds of seed, pulps, peeling that are made into pickles, “sweets”,
candles, or snacks.
18. Functional Facilities/Equipment- useful equipment/facilities devised or created from discards,
throwaways, junks, scraps (e.g., chairs, tables, doormats, play equipment from rubber tires,
roofing from milk cans, flower pots, “planters” from plastic bags, sacks, containers.
19. Garbage Fee- the fee levied by the City Government on households commercial establishment,
industries and institutions for the collection, transport and disposal of domestic solid waste.
20. Green Charcoal – another form of fuel or grass charcoal, manufactured from compostable,
organic, cellulite materials with the use of enzyme to breakdown the binding material, after which
it is located and dried, then used in charcoal-fed stoves.
21. Hauling Trucks/Vans – refer to transportation vehicles used for hauling livestock products and
the transport of any goods or merchandise.
22. Hospitals – refer to institutions where the sick and injured are given medical or surgical cure
which include private and public.
23. Individual – refers to any person who is within the vicinity of Masbate City that includes both the
resident and transient.
24. Incineration – the controlled process by which combustible waste is burned and changed into
gases and residues that contain little or no combustible materials.
25. Laboratories – refer to establishments equipped for experimental studies and testing analysis
that include among others medical and pharmaceutical and other related facilities.
26. Landfill Leachate – the downward seeping of water through the landfill carrying with it the
dissolved water-soluble contents of the waste, which may be collected by the underground
drainage of water system.
27. Landfill Levy – the free collected from walk-in user of the sanitary landfill, separate from the
garbage collection, transport and disposal services.
28. Livestock – shall include piggeries, poultry, ranch, cattle fattening and other related activities.
29. Malls – refer to shopping areas featuring variety of shops.
30. Mills/Dryers – refer to facilities handling agricultural products such as rice, corn and other related
farm products for milling/drying.
31. Offices – refer to particular kinds of business where services are supplied, such as government
offices, insurance companies, law offices and other related offices both public and private.

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32. Open Dumpsite – any area or space (public or private) utilized as dumping ground of un-
segregated waste.
33. Putrescible – a substance that decomposes at a certain temperature in contact with air and
moisture, generally containing nitrogen.
34. Recycling – the re-use, retrieval, re-commission of element/matter for any and all purpose
necessary to healthful and productive living; the process by which waste materials are
transformed into new products in such a manner that the original products may lose their identity.
35. Resort – a frequently visited area that provides recreation and entertainment and shall include
beach resorts, spring, and mountain resorts and other related places.
36. Resource Recovery – the extraction of materials or energy from wastes.
37. Solid Waste – this includes anything thrown away such as garbage, rubbish, trash, litter, junk,
and refuse from any source (homes, businesses, farms, industries, or institutions); this is a
discarded material with insufficient liquid content to flow. Examples are those non-liquid wastes
resulting from the domestic, commercial, agricultural and industrial activities which can be
divided into several components under two broad categories:
 Biodegradable/compostable/putrescible. There are four groups of waste under this category
such as:
a) Food (cooking) waste/kitchen waste, e.g., peelings, leftovers, vegetable trims,
fish/fowl/meat/animal entrails/innards/clearings, soft shells, seeds, etc.;
b) Agricultural (garden) waste: leaves/flowers, twigs, branches, stems, rocks, trimmings, weeds,
seeds/edible fruits, etc.;
c) Animal waste: manure/urine, carcasses, etc.; and
d) Human waste: excreta, soiled pads, sanitary napkins, etc.
 Non-biodegradable/non-compostable/non-putrescible. There are ten groups of waste under
this category:
a) Metals: tin cans, aluminum, iron, lead, copper, silver, etc.;
b) Glasses: bottles, culottes (broken glasses), cullets (sharps), mirrors, bulbs, etc.;
c) Plastics: polyethylene (bags), polypropylene (straws, jute sacks/containers), polyurethane
(foam, mattresses), polyacetate (fibers, cloth, rayon, etc.);
d) Rubber (natural and synthetic): tires, goods, etc.;
e) Papers: dry papers, cardboard, etc;
f) Dry processed fibers: cloth, twine, etc.;
g) Dry leathers: skin, feathers, etc.:
h) Hard shells;
i) Bones; and
j) Rocks and concrete.

38. Solid Waste Management – the purposeful and systematic control of the generation, storage,
collection, transport, separation, processing, recycling, recovery and final disposal of solid waste.
39. Sorting at source – the segregation or separation of waste at the point of generation or at the
very place where they are produced into biodegradable and non- biodegradable.
40. Store/Shop – a business establishment where usually diversified goods are for retail sales which
includes among others the following establishments such as market stalls, sari-sari stores, flower
shops, barber shops, dress/tailoring shops, boutiques, bakeries, grocery stores, junk shops,
welding shops, foundry shops, printing shops, bookstores, drug stores, appliance centers,
hardware stores and other related establishments.
41. Receptacles/Bins – containers or boxes used for storage that include cans, bags, sacks, empty
drums and pails.
42. Recreational Centers – shall include the sports facilities such as bowling lanes, tennis courts,
basketball courts, gyms, billiard centers and other related activities.
43. Recycling of Domestic Wastes – the full utilization of domestic waste into factory returnable, etc.,
with little left for filling materials (proportion vary with the kind of community, the more affluent the
more factory returnable). This includes both man-devised and nature-designed recycling
schemes.
44. Residential House – refers to a temporary or permanent dwelling occupied by one or more
persons.
45. Restaurants – refer to larger eating places with more services offered such as meeting,
conferences and catering and other related activities.
46. Toxic & Hazardous Waste – special types of waste containing the chemical, biological and
radiological elements which are harmful to human health.
47. Vendors – shall include those mobile individuals, carts and stalls that sell goods from one place
to another.
48. Zero Waste Resource Management System – is an ecological method of handling waste that
does not degrade the environment nor pollute the air, water and soil and facilitates their sanitary
retrieval, re-use or recycling.
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SECTION 188. Engineering Component – Waste Generation and Storage. There shall be generation
and storage of waste in the following manner:

188.1 Residential Areas:

a) Residents must segregate their generated solid waste into biodegradable/compostable and
non-biodegradable/non-compostable. A separate receptacle must be provided for
biodegradable, recyclable, and toxic and hazardous waste.
b) The concerned residents must ensure that the generated solid waste be properly separated in
three (3) enclosed receptacles for recoverable, leftovers/compostable and others. The leftover
kitchen waste must either be directly given to animals as feeds or stored temporarily for
composing and/or for bio-gas production.
c) Residents must choose proper receptacles such as cans, sacks, bags, bins, etc., that will
facilitate sanitary, efficient handling, storage, collection, transport or disposal at less cost. Food
wastes must be placed in covered cans, bags, and non-compostable in either sacks, bags or
boxes.
d) The use of non-biodegradable disposable materials (e.g., plastic-based, styro-based) must at
all cost be minimized.
e) The use of biodegradable food liners, wrappers and containers must be maximized.
f) Recyclable non-biodegradable waste must be further sorted in separate bags which are
properly labeled. This must be stacked in a designated location inside the premises and will
only be moved out during schedule of collection.
g) Toxic and Hazardous Waste must be collected and stored in sealed bags/containers prior to
collection.
h) Public thoroughfares and grounds in front of or in the vicinity of a residential house must be
kept clean and tidy by the owner/lessee of the house or building at all times.
i) Trees, shrubs and regularly cared fore and maintained to minimize generated wastes and
unpleasant sight.

188.2 Commercial Areas and Markets:

a) The separate storage receptacle for segregated commercial waste must be individually kept
within the premises prior to collection.
b) The use of biodegradable wrappers or bags for dry goods/products (e.g., paper-based
wrappers) is practical and environment-friendly and must be maximized.
c) The use of plastic-based and other non-biodegradable food receptacles (e.g., styropor, plastic
bags) must be discouraged and discontinued.
d) The lobby and fronting sidewalks/immediate grounds of commercial establishments must be
maintained clean and presentable by the owner/operator/lessee of the establishment.
e) The fronting sidewalk and immediate areas of stall/open spaces or markets must be kept clean
and orderly by the lessee of said stall/space at all times.

188.3 Institutional/Industrial Areas:

a) The head of any institution/industrial firm must ensure the proper and hygienic storage of
generated and segregated waste in receptacles, which must be kept within the premises prior
to collection.
b) The head of any institution/industrial firm must ensure the cleanliness and orderliness of its
facilities, yards and its fronting sidewalk and street.
c) Toxic and Hazardous Waste (infectious, chemical, biological, radioactive substances) must be
stored (in durable and covered receptacles) , collected, transported and disposed of in
accordance with applicable laws, guidelines, rules and regulations of the Environmental
Management Bureau and the Philippine Nuclear Research Institute and pursuant to R.A. 6969,
otherwise known as the Toxic Substances and Hazardous and Nuclear Wastes Control Act of
1990).
d) Hospital, pharmaceutical, funeral wastes must be stored, collected, transported and disposed
of in accordance with the guidelines, rules and regulations of the Department of Health (DOH)
with reference to the Manual on Hospital Waste Management, pursuant to PD 856, known as
Sanitation Code of the Philippines.
e) The disposal of Toxic and Hazardous Wastes must be taken care of by the concerned firm.

188.4 Parks, Public Open Spaces and Thoroughfares:

a) Theft-proof receptacles for biodegradable and non-biodegradable waste must be provided in
strategic locations/points by the City Government.
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b) The Anti-Littering Ordinance must be strictly observed and enforced.

188.5 Transport Facilities:

a) Human transport facilities (terminals, buses, jeepneys, tricycles, ships, ferries and boats).
1. Separate receptacles for biodegradable and non-biodegradable must be provided within the
terminal by the operators/owners.
2. There must be at least two (2) waste receptacles with cover for biodegradable wastes inside a
facility that is accessible to all passengers.
3. Contents of waste receptacles must be emptied and sorted at transfer stations along transport
routes.

188.6 Agricultural Areas (including farms for livestock, poultry, etc.):

Homogeneous agricultural wastes (rice straws, corn cobs, leaves and animal manure) must be
properly stockpiled/stored by the concerned farmer.

188.7 Littering:
No person must litter or scatter solid waste in streets, highways, sidewalks and other public areas
(e.g., parks, playgrounds, rivers, creeks, canals, the sea).

SECTION 189. Waste Processing and Resource Recovery. There shall be a method of waste
processing and resource recovery in the following manner:

189.1 Residential Areas:

a) Segregated recyclable must be properly stored before collection. These recyclable must be
collected separately and brought to processing or recycling centers, eco-centers or junk
dealers.
b) Food and kitchen refuse must be collected as a fodder or feeds for animals. Those portions that
are not suitable as fodder must be composted.
c) Residents must avoid open burning or dumping and adopt recycling practicing the F’s scheme
(feed, fermentable, food fuel and factory returnable). Fuel materials from household wastes
consist of two kinds: 1) firewood materials – twigs, branches, leaves, husks, shells, cobs, chaff,
saw dust, wood shavings, soiled papers, bagasse, stalks, etc.; and 2) flammable gas –
produced by anaerobic decomposition of all bio-mass or biodegradable materials in bio-gas
digester.
d) Re-use of recyclable non-biodegradable materials in bio-gas digester.
e) Re-use of recyclable non-biodegradable must be maximized. Sorted metal and plastic
containers can be recycled as substitute pots for plants. Used tires can be used as playground
materials or stacked structure for backyard composting.
f) All other recyclable and Toxic and Hazardous Wastes must be properly sorted and stored in
appropriate receptacles prior to collection and transport.

189.2 Commercial Areas and Markets:

a) Segregation of wastes from small commercial establishments (stores, stalls, eateries,
carinderias, cafes) and markets must be mandatory before issuance or renewal of business
permits. Likewise, the same is required of medium and big commercial establishments (grocery
stores, department stores, malls) plus a diagrammatic Solid Waste Management scheme must
be provided by the concerned establishment.
b) Food wastes from commercial centers (e.g., food centers, restaurants, canteens) must be
collected and disposed of.

189.3 Institutional/Industrial:
a) Schools (both public and private) and offices must adopt appropriate resource recovery and
recycling strategies.
b) In industrial establishments, segregation of biodegradable/compostable and non-
biodegradable/non-compostable waste must be performed to avoid foul odors and proliferation
of flies. A diagrammatic Solid Waste Management scheme must be submitted prior to issuance
and renewal of permit.

189.4 Parks, Public Open Spaces and Thoroughfares:

a) Discarded biodegradable and non-biodegradable wastes must be collected and transported to
the processing centers.
b) Recyclable and factory returnable must be stored further and brought to the processing or
recycling centers or junk shops.

189.5 Transportation Facilities:

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a) Recyclable and factory returnable from transfer stations along thoroughfares, port docks must
be brought back to the processing centers or junk shops.
b) Disposal of Toxic and Hazardous Wastes must be taken care of by the accredited transport
vehicles, subject to existing applicable laws, rules and regulations and proper guidance of the
concerned national agencies like the Environmental Management Bureau, the Department of
Health and the Philippine Nuclear Research Institute.

189.6 Agricultural Areas:

Agricultural wastes, (e.g., rice straws, corncobs, leaves) must not be burned but be stockpiled in a
proper location and composted.
Animal manure can also be composed or used for bio-gas production.

SECTION 190. There shall be established a Barangay Processing Center.

A. This is the facility of the Barangay for the processing and trading of recyclable and also the
storage of Toxic & Hazardous Wastes from households, institutions and commercial
establishments. This center can be either operated by Barangay-based cooperative, a private
group, NGOs, by the Barangay Government itself, or a joint venture of the three. It shall have
a Barangay collection system for the recyclable and Toxic and Hazardous Wastes by
establishing a network of registered handcraft/pushcart operations mainly unemployed and
displaced scavengers from within the Barangay.
B. The Center shall have the following components:
a. Receiving Section
b. Processing Section
c. Storage, Display & Marketing Section
d. Storage of Toxic & Hazardous Wastes
e. Discarded Materials Section
f. Composting Area
g. Office.
C. Discarded materials shall be regularly collected and disposed at the city disposal facility
either by the City Garbage Collection System or the Barangay Garbage Collection System.
Toxic and Hazardous Wastes from various sources shall be kept in storage at the Barangay
Processing Center until an appropriate treatment and disposal facility becomes available and
accessible.

SECTION 191. Collection and Transport of Solid Wastes. There shall be a system of proper
collection and transportation of solid wastes in the following manner:

191.1 Residential Areas:

a. The concerned resident must ensure that the segregated solid wastes are brought out in
front of his/her gate/door and/or during the collection time/period.
b. Point of collection should either be along the curbside or alleys for increased efficiency and
productivity, better labor force stability and reduced injuries to collection.
c. He/she shall report to the office concerned (City or Barangay) for any uncollected solid
wastes with the vicinity of his/her residence.
d. Garbage not segregated and placed in proper containers shall not be collected and must be
treated as disposed of in violation of the anti-littering provision of this Ordinance and must be
penalized accordingly.
e. The specific date and hour of garbage collection in particular shall be scheduled and
announced for strict compliance by all concerned.

191.2 Commercial Areas:

a. The owner/operator/lessee of any enterprise must be responsible for the timely positioning of
stored sorted solid wastes during collection period which shall be made known in advance by
the proper authorities that shall likewise assist wherever necessary in the sanitary means of
loading wastes for collection purposes.
b. In any case that the discarded solid wastes from the commercial establishments exceed the
maximum volume of wastes to be collected which will be determined by the City Government,
the concerned establishment must be responsible for the transport and disposal of its excess
solid wastes.
c. He/she must remind the office concerned in the collection of uncollected solid wastes and other
related matters.

191.3 Institutional/Industrial Areas:

a. The head of any institution/industrial establishments must see to it that the segregated solid
wastes are moved out strictly during collection time/period at the collection points.
56
b. The collection and transport of any hazardous waste (if necessary) must be duly coordinated
with the government agencies concerned with such type of waste.

191.4 Parks, Public Open Spaces & Thoroughfares Transport Facilities:

Collection and transport of solid wastes from the transfer stations will be done either by the
Barangay Garbage Collection System or the City Garbage Collection System and must be
brought to the processing center.
SECTION 192. Disposal of Solid Wastes. There shall be proper disposal of solid wastes in the
following manner:

192.1 Residential, Commercial Establishments, Institutions:

a. Incineration or open dumping of solid wastes is strictly prohibited. Residuals or discarded
biodegradable and non-biodegradable after resource recovery, recycling and composting must
be disposed of in the city disposal facility.
b. Where space is available, all discarded biodegradable must be properly composted for the use
as fertilizer in backyard gardens.
c. All recyclable, factory returnable and Toxic and Hazardous Wastes must be brought to the
processing center.

192.2 Industrial Waste

Hazardous waste must be incinerated only after getting permit, proper assistance and guidance from
concerned government agencies.
SECTION 193. Fees and Charges.
Section A. – Garbage Fees.
a. For individuals, residential houses,
vendors, rolling stores,
sari-sari store whose capital is less
than P20,000.00, flower shop, “trisekad”,
tricycles, non-motorized bancas, relief dry
goods dealers and the like. PHP – 120.00/year
b. For eateries, market stalls, barbers shops.
dress/sari-sari store/tailoring shops, saloon,
beauty parlors, bakeshop, boutique, coffee shops,
internet café, schools (public/private), PU jeepneys,
private vehicles, and the like. PHP – 180.00/year
c. For banks, printing market stalls/shops,
bookstores, drugstores, pharmacies,
pawnshops, lending institutions,
PU buses, three (3) gross tonnage fishing
Boats and the like. PHP – 275.00/year
d. For recreational centers, entertainment
spots, animal feeds/veterinary products, transport
terminal/garage (public or private) clinics,
inns/pension houses, one-star hotel,
grocery stores, bar & grill, restaurants,
machine shops, welding & repair shops,
warehouses, mills/dryers, rice/corn dealers,
appliance centers, hardware stores,
hauling tricycles/van, above three
(3) gross tonnage fishing boats and the like. PHP – 300.00/year

e. For resorts (beach, spring, mountain),

(houses either public or private)
2-5 story hotel management, laboratories,
Factories, bulk plants, marine product
Dealers/buying station, gasoline stations,
Department stores, malls, hospitals,
Funeral parlors, homes, general
Merchandising and the like. PHP – 400.00/year

f. For indigent except

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 Section B. – Landfill Levy. There shall be collected from vehicles entering the sanitary landfill
for the disposal of solid waste. The rate shall be One Thousand Pesos per metric ton. Less than one
metric ton is Five Hundred pesos

SECTION 194. Violations and Penalty.

Section A. – Any act done in violation of this Ordinance shall subject the offender(s) to the
following penalties:

a. For individuals, vendors, rolling P200,00 fine and one (1)

stores, market stalls, sari-sari day seminar on Solid Waste
flower shops, churches and Management.
residential houses, “trisikads,”
tricycles, non-motorized bancas
and the like.
b. For eateries, barber shops, dress/ P300.00 fine and one (1)
tailoring shops, shoe shops, beauty day seminar on Solid Waste
parlors, bakeshops, boutiques, Management
coffee shops, internet cafes,
schools, PU jeepneys, private
vehicles and the like.
c. For banks, offices (either public or P500.00 fine and one (1)
private), printing shops, bookstores, day seminar on Solid Waste
drugstores, pharmacies, Management.
pawnshops, lending institutions,
PU buses, three (3) gross tonnage
fishing boats and the like.
d. For recreational centers, P1,000.00 fine and one (1)
entertainment spots, transport day seminar on Solid Waste
terminals/garage (public or Management.
private), clinics, inns/pension
houses, one-star hotels, grocery
stores, restaurants, machine shops,
warehouses, mills/dryers, appliance
centers, hardware stores, hauling
trucks/vans, above three (3) gross
tonnage fishing boats and the like.
e. For 2-star hotels. P2,000.00 fine and one (1)
Day seminar on Solid Waste
Management.
f. For resorts (beach, spring or P3,000.00 fine and one (1) day
mountain) wharves (either seminar on Solid Waste
public or private), airports, 3-star Management.
hotels, laboratories and the like.

g. For 4-star hotels. P4,000.00 fine and one (1) day

Seminar on Solid Waste
Management.

h. For factories/plants, livestock P5,000.00 fine and one (1) day

farms, slaughterhouse, seminar on Solid Waste
departments stores, malls, Management.
hospitals (public or private),
funeral parlors/homes,
commercial ships (passenger
and cargo), 5-star hotels and the
like.

Or by imprisonment of not less than one day nor more than one year, or both fine and imprisonment
at the discretion of the Court without prejudice to the imposition of a higher penalty under any other
law or decree such as indicated in the second paragraph of Section 2 of Presidential Decree 825
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(Anti-Littering Law) which states if “violator is a corporation, firm or other corporate entities, the
maximum penalty shall be imposed upon the president, manager, director or person responsible for
the operations.” Failure to comply with the herein provision shall result in the cancellation of
business permits.

SECTION 195.Educational Component.

Sub-Section 195.1 – There shall be a required integration of Solid Waste Management in the
elementary and high school curricula, and as a special program for the college (both public and
private) through the Department of Education, Commission on Higher Education and Technical
Education Skills Development Authority and non-formal education.

a. Integrated Solid Waste Management education in the community outreach programs of the
schools, civic organizations, religious groups, Non-Government Organizations, Government
Organizations, Girl Scout of the Philippines, Boy Scout of the Philippines.
b. Department of Education teachers must take the lead in role modeling in the implementation of
the project in the City.

Sub-Section 195.2 – There shall be a maximized dissemination of Solid Waste Management through
the use of communications system like broadcast media (TV, radio, films) and print media handouts,
brochures, billboards, streamers, signboards, news features, stickers, T-shirts).
a. Promote Solid Waste Management through plugging in all cinemas, radio and TV Stations.
b. Stickers, posters or signboards must be placed in all public utility transportation (buses,
jeepneys, taxis, tricycles, “trisikads”).
c. Local manufactures must place symbols or instructions on Solid Waste Management on all
product labels and advertisements.
d. Garbage trucks/compactors should be equipped with sound system and make use of jingles.
e. Primers, flyers and brochures about the proper care and disposal of garbage must be furnished
to all households.

Sub-Section 195.3 – Seminars and training shall be conducted to various sectors (e.g., teachers,
Non-Government Organizations, religious groups civic organizations, Peoples Oganizations, “purok,”
schools, Philippine National Police, women’s groups, media sector).
a. Organize Solid Waste Management speaker’s bureau in each Barangay.
b. In-service training for teachers who are going to educate/teach about Solid Waste Management
to students, parents and community.
c. Conduct seminars on Solid Waste Management for commercial/industrial establishments prior to
issuance of business permits.

Sub-Section 195.4 – There shall be established a center for Environmental Education Development.
a. Include research on technology transfer, development of arts and crafts and preventive and
mitigating measures.
b. Data banking using the Social Reform Agenda – Minimum Basic Needs survey data.
c. Put up demonstration areas, library, visual aids, miniature models, etc.
d. Create a documentation section that will record and monitor all activities and progress.

Sub-Section 195.5 – There shall be a promotion of Solid Waste Management through

literary/musical contests during the celebration of environmental month and world earth day.
a. Include quiz shows, slogan, essay-writing, mural painting and poster-making contests.
b. Original song composition and jingle-writing contest shall likewise be included.

SECTION 196. Enforcement Component.

Sub-Section 196.1 – There shall be a deputation of Purok Officials, Zone Leaders, Cluster Leaders,
Barangay Health Workers, Park Officials, Traffic Aides, Civic and Religious Organizations, Non-
Government Organizations, People’s Organizations, Teachers, Drivers, Youth Leaders, Women
Leaders, Senior Citizens Leaders and Solid Waste Management Council Members.
a. Community empowerment through citizen’s arrest in the enforcement and monitoring of Solid
Waste Management Ordinance/Laws.
b. Issuance of Identification Cards/Mayor’s appointment.
c. Include cell/cluster/purok leaders, market vendors, and stall owners, Boy Scout of the
Philippines/Girl Scout of the Philippines in uniform and Reserve Officer Training Corps officers.

Sub-Section 196.2 – There shall be established a network of Barangay-based Council as extension

of the Solid Waste Management Council at the Barangay level.
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a. Establish a communication network through center and hotlines to facilitate fast and effective
monitoring. The City Hall shall be the central communication center with all police stations,
Barangay Halls and the City Health lines as sub-stations.
b. Promote implementation through:
a. Contests (e.g. cleanest and greenest, or dirtiest)
b. Positive and negative awards be adopted.
c. Provide incentives (e.g. monetary assistance, free trips, scholarship, citation awards) to
those who implement the project.
c. Adopt a system of apprehension and prosecution.
a. Drivers, passengers, helpers, conductors shall be fined separately.
b. Issuance of citation tickets (penalties).
c. Filing of case through appropriate Court.
d. No issuance/renewal of business permit without clearance from the City
Environment & Natural Resources Office.
e. Renewal and new business permit applications should first secure a purok and Barangay
clearance.
d. Allocation of budget for Solid Waste Management programs through the City Government and the
Department of Environment and Natural Resources.
e. Establish a Trust Fund for Solid Waste Management through the Council from City and National
Government Funds, grants, solicitations, donations.
f. Business establishment representatives must bear their respective expenses incurred during the
conduct of the training.

SECTION 197. Transitory Provision.

The Office of the City Mayor is hereby authorized to commission a study, on the basis of this
Ordinance, recommend through the Solid Waste Management Council for approval by the
Sangguniang Panlungsod as soon as available the most appropriate organizational unit from among
those currently in existence to be mandated as the implementing arm that will be responsible for the
effective and sustainable execution of this Ordinance.

After a period of one year of implementation, the Office of the City Mayor shall organize an Oversight
and Monitoring Committee to study, observe and monitor the implementation of this Ordinance to be
able to submit a comprehensive report for any amendment of the same.

Article VI
REGULATING THE QUARRYING OF SAND AND GRAVEL MATERIALS INCLUDING
BOULDERS WITHIN ONE HUNDRED METERS UPSTREAM AND DOWNSTREAM OF
PERMANENT BRIDGES CONSTRUCTED ACROSS RIVERS
SECTION 198. Regulated Acts.
No person shall indulge in quarrying sand and gravel including boulders within one hundred meters
upstream and downstream of permanent bridges along national, provincial, city and barangay roads
within Masbate City and then transport subject materials to other barangays for sale or personal use.

SECTION 199. Rules & Regulations.

All persons shall be prohibited to effect quarrying of sand and gravel and boulders materials from
river beds and have it embanked on river banks within one hundred meters of both sides from
permanent bridges location and disposed said materials for sale and transported it to other
barangays;

That no concession shall be acted nor approved for any person, natural or juridical, within the
prescribed above limitation river beds, to preserve the maintenance of said structure and protecting
the environment degradation of the area described in this ordinance;

That residence of the barangay where the structure is located can haul subject materials for
personal construction only and definitely not for sale to other person outside the barangay as
stipulated in this ordinance.

SECTION 200. Definition Of Terms.

1. Quarrying - the act of extracting stone or slate from an open cavity such as rivers or streams
2. Upstream - direction towards the source of a stream
3. Downstream - direction of the flow of a river or stream
4. Sand - small loose mixture of small pebbles and rocks fragments and sometimes sand

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5. Gravel - small grains of quartz resulting from the breaking down of siliceous rocks, the grains
being often grounded by the action of water or wind
6. Boulders - a large stone or mass of rocks, rounded and smoothed by water, ice or wind
7. Embank - to enclose or protect with a raised bank of earth, stone, etc.
8. Concessions - a grant especially of land or property by a government for a specified purpose
9. Environment degradation- destruction of natural embankment and approaches of major structure

SECTION 201. Penalty. Violation of any provisions of this ordinance shall be fined of not less than
Five Hundred Pesos but not more than One Thousand Pesos or imprisonment of not less than Five
days and not more than ten days or both at the discretion of the court.

Article VII
REGULATING ALL TYPES OF CONSTRUCTION, RENOVATION, REPAIR AND RECLAMATION
OF FORESHORE AREAS, QUARRYING OF SAND, GRAVEL AND SELECTED BARROW
MATERIALS AND TRANSPORTING SAME WITHIN MASBATE CITY WITHOUT PERMIT ISSUED
FROM THE CITY GOVERNMENT OF MASBATE

SECTION 202. General Objective. This ordinance is enacted for the purpose of regulating horizontal
and vertical construction including transport of construction materials to control illegal construction
and the like within the jurisdiction of Masbate City.

SECTION 203. Definition of Terms.

1. Construction –all kinds of construction such as buildings, roads and etc.
2. Renovation – major change/ remodeling of structure
3. Repair – to make good a portion of building and or remodeling
4. Reclamation – filling of earth materials, sand and gravel and the like for purpose of reclaiming
foreshore areas
5. Quarrying – harnessing earth, sand and gravel and selected barrow materials
6. Horizontal Construction – manner of building, roads and bridges including drainage system
7. Vertical Construction – building construction including towers, depot and the like
8. Mayor’s Permit – issued by the Office of the Mayor for permits applied to undertake construction
9. Building Permit – issued by the building official of the City Government
10. Zoning Clearance – clearance issued by the Zoning Officer/ Administrator for land use
11. Trucking Services – private trucks used for hauling construction and filing materials
12. Equipment Services – heavy equipment services like bulldozer, grader. Pay loader and the like
13. Professional Services – services rendered by a Licensed Architect Engineer in certain
construction
14. Transporting – the act of carrying sand and gravel and selected barrow materials from one place
to another

SECTION 204. Regulated Acts. No person shall undertake construction, renovation, repair,
reclamation of foreshore areas, quarrying of sand, gravel and selected barrow materials and
transporting the same.

SECTION 205. Rules and Regulations.

All types of activities shall secure Mayor’s Permit prior to the start of the project. The following
requirements for new construction shall be:
A. For vertical structure
a. Barangay clearance where the project is located.
b. Zoning clearance from the Deputized Zoning Administrator
c. Building Permit for vertical construction from building official
d. Contractors Business Permit, if the project is by contract

B. For project involving reclamation

a. Environmental Compliance Certificate and Certificate of Non coverage from Department of
Environmental and Natural Resources
b. Zoning compliance from Deputized Zoning Administrator
c. Foreshore Lease Agreement or Miscellaneous Sales Application duly approved
d. Mayor’s Permit

C. For Project Involving Quarrying

a. Environmental Compliance Certificate and Certificate of Non Coverage from Department of
Environment and Natural Resources
b. Zoning compliance
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 c. Department of Agrarian Reform conversion (if agricultural land)
d. Mayor’s permit

D. For trucking and/ or Equipment Services used for hauling of filing materials and/ or quarrying
items including, boulders, selected barrow and sand & gravel materials
a. Permit for trucking & equipment services
b. Construction permit issued to the point of destination, particularly entering poblacion of
Masbate City.

E. Professional Services in the field of Engineering

a. Licensed Engineer/ Architect
b. Foreman & Head Carpenter
c. Other professionals involve in construction who will assume the responsibility of any illegal
complaint.

F. Fees
The fees shall be assessed by the Office concerned subject to the application of the proposed
project prior to construction.

G. Exemption
All government projects including those owned and controlled corporation are exempted in the
payment of fees but shall comply with the requirements. If construction is undertaken by contract,
the contract is not covered by the exemption.

SECTION 206. Penalty.

1st Offense - a fine of Five Thousand Pesos and impounding of the equipment or vehicles used
including confiscation of materials in favor of the government.
2nd Offense - a fine of Five Thousand Pesos or reprimand of professional and other technical
services for stoppage of operation until mayor’s permit have been secured
3rd Offense - a fine of Five Thousand Pesos and confiscation of materials including impounding of
equipment and vehicles used and imprisonment or both at the discretion of the court.

Article VIII
MANDATING ALL REGISTERED OWNERS OF PUBLIC UTILITY VEHICLES TO ALLOCATE AT
LEAST ONE FOURTH OF ITS SIDE PORTION SPACE TO PLACE/DRAW
“FRIENDLY MESSAGES” OR “SLOGANS” THAT WILL HELP ENCOURAGE AWARENESS AND
INSTILL THE IMPERATIVE OF PROTECTING THE ENVIRONMENT
AND THE MOTHER EARTH

SECTION 207. Coverage . This ordinance shall cover all registered owners of public utility vehicles,
such as, buses, jeepneys, multicabs, vans and trucks for hire including public sea transport.

SECTION 208. Authority and Purpose. This ordinance is in accordance with Section 3 of
Presidential Decree 1151 stating that, in furtherance of the goals and policies, the government
recognizes the right of the people to a healthful environment, the 1987 Constitution providing among
others, the promotion of common good, the conservation and the development of patrimony. Section
16 of the constitution and its declaration of principles and policies states that, the state shall protect
and promote the right of the people to a balanced and healthful ecology in accord with the rhythm
and harmony of nature. In addition, the Executive Order No. 192 (1987) stating that the policy of the
state shall be declared to ensure the sustainable use, development, management and conservation
of the country’s minerals and other natural resources, not only for the present generation but for the
future generation as well. To help/encourage awareness and instill into the hearts of every
Masbateño, visitor and transient alike the imperative of protecting the environment and the mother
earth.

SECTION 209. Allocation of Fund for the Implementation of the Ordinance. The city government
shall allocate a fund out of the fiscal budget, specifically expenses for the conservation,
management, development, proper use and protection of the environment within the jurisdiction of
the city.

SECTION 210. Transition period. This ordinance shall give all registered owners of public utility
vehicles, such as, buses, jeepneys, multicabs, vans and trucks for hire including public sea transport
a transition period until October 2005 from its approval after the required publication. The covered
land and sea transportations as provided herein shall be given opportunity to prepare and be ready
to comply with the mandatory requirements of the ordinance.
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SECTION 211. Violation and Penalty.
1st offense - First and final warning
2nd offense - Penalty of Five Hundred Pesos
3rd offense - Imprisonment of one month and fine of One Thousand Five Hundred Pesos
and suspension and revocation of franchise

Article IX

ESTABLISHING MASBATE
COASTAL RESOURCE MANAGEMENT INTERPRETIVE CENTER

SECTION 212. Declaration of Policy. It is hereby declared the policy of the City to:
a. Protect and manage its coastal and fisheries resources for the enjoyment and benefit of the
people of Masbate City;
b. Enhance people’s participation in the management of coastal resources; and
c. Implement a structured and purposive information, education, communication, training,
interpretive and outreach program aimed at increasing the level of awareness and appreciation
of the public for the local culture and environment and the need to conserve and sustain them,
and at increasing people’s involvement in coastal resource management.

SECTION 213. Definition of Terms. As used in this ordinance, the following terms will mean as
follows:
1. Coastal Resource Management – a participatory process of planning, implementing and
monitoring sustainable uses of coastal resources through collective action and sound decision-
making.
2. Coastal Resource Management Interpretive Program – a set of activities, methodologies and
strategies designed to translate information from scientific language to “everyday language” so
non-scientists can easily understand it; it is an effective way to communicate about and involve
people in coastal resource management.
3. Coastal Resource Management Interpretive Center – a place where coastal resource
management interpretation takes place. It is a place where local residents and tourists can learn
about the environment and more specifically about Coastal Resource Management issues. It can
become a focal point for action on these issues and should be a place where people come to
discuss their Coastal Resource Management concerns and work together to create solutions.
Especially in areas where books are scarce and television is unavailable, it can be a “window on
the world” by providing information and raising the consciousness of the curious.
4. Community Outreach – refers to those activities designed to bring information, education and
interpretive programs to audiences who do not have the opportunity to visit the interpretive
center; it may include presentations (slide shows, films, puppet shows, dramatic sketches),
portable exhibits, media campaigns, community meetings and special events.

SECTION 214. Establishment of the Masbate Coastal Resource Management Interpretive Center.
There is hereby established a Masbate Coastal Resource Management Interpretive Center under
the Office of the Mayor, which will oversee the implementation of the city’s coastal resource
management interpretive program, coordinate information, education and communication and
outreach activities related to Coastal Resource Management, and operate study tours focused on
increasing people’s understanding of and involvement in Coastal Resource Management. The
Masbate Coastal Resource Management Interpretive Center shall be housed in the old Municipal
Hall building within the Masbate City Hall compound.

SECTION 215.Establishment of the Masbate Coastal Resource Management Interpretive Center

Trust Fund. The Center is intended to be a revenue-generating, service-oriented office, with
revenues coming mainly from entrance fees, tour fees and proceeds from the sale of tickets to
special events it shall organize. To increase the Center’s efficiency in performing its mandate, the
Office of the Mayor shall set up a Masbate Coastal Resource Management Interpretive Center Trust
Fund into which proceeds from entrance fees, tour fees, sale of tickets to special events and other
activities organized by the Center, grants, donations, and other revenues generated by the Center
shall be deposited. The Center shall have the authority to use such funds for its operations, subject
to pertinent rules and regulations of the Commission on Audit and the City Government.

SECTION 216. Staffing. There shall be created one (1) position of Masbate Coastal Resource
Management Interpretive Center Director, one (1) position of Assistant Director, and two (2)
positions of Interpretive Center Officers. The City Mayor shall appoint to these positions qualified
City Government personnel on a concurrent basis until such time that these positions and the budget
63
thereof are approved by the appropriate national government agency/ies. If there are no personnel in
the City Government’s roster qualified or interested to hold these positions, the City Mayor shall
contract the services of qualified individuals from other government agencies or the private sector.

SECTION 217.Jurisdiction of the Masbate Coastal Resource Management Interpretive Center. The
Center shall have jurisdiction and authority over the CRM interpretive program of the city, including
on-site interpretive programs in places such as nature centers, museums, zoology parks and
botanical gardens that the City Government shall set up.

SECTION 218.Powers and functions of the Masbate Coastal Resource Management Interpretive
Center. The Center, as the lead implementing and coordinating office for the City Coastal Resource
Management interpretive program, shall:
a. Formulate and implement a strategies and operational plan containing programs, strategies,
activities and policy guidelines needed to pursue an effective interpretive and information
education and communication program on Coastal Resource Management;
b. Maintain itself as the City’s primary information center to serve as a venue for showcasing
excellence in Coastal Resource Management practices in the City as well as the entire Province
of Masbate;
c. In coordination with the Technical Working Group, maintain and update Coastal Resource
Management database for planning, monitoring and evaluation purposes;
d. Conduct, in coordination with the Provincial Coastal Resource Management Core Group and City
Technical Working Group, regular inventory, research, and documentation of best practices in
the Province of Masbate;
e. Operate study tours of Coastal Resource Management destinations in the Province of Masbate;
f. Establish linkage with local and international organizations for purposes of fund-sourcing,
network building, research, and education;
g. Plan and organize events to drum up public interest and involvement in Coastal Resource
Management;
h. Charge entrance fees and other legally allowable fees for the use of its facilities, and generate
revenues from the special events it organizes;
i. Formulate its own schedule of fees based on prescribed rules and users’ willingness-to-pay;
j. Evaluate on a yearly basis the effectiveness of its interpretive program and strategies;
k. Promote and market its program, events, activities and other interpretive products it shall
develop;
l. Maintain the Masbate Coastal Resource Management Interpretive Center Trust Fund, and
submit a quarterly financial report detailing proceeds from its operations;
m. Perform such other functions that are necessary in the implementation of this Ordinance as may
be delegated by the Mayor or the Sangguniang Panlungsod.

SECTION 219. Center Director. The Masbate Coastal Resource Management Interpretive Center
shall be headed by the Interpretive Center Director who shall be appointed by the Mayor. No person
shall be appointed as Interpretive Center Director unless he is a Filipino citizen, a resident of the
Province of Masbate, of good moral character, a holder of a relevant Masters or Bachelors degree
preferably in communication, education or social sciences, and a first-grade civil service eligible or
its equivalent.

The Masbate Coastal Resource Management Interpretive Center Director shall receive a minimum
compensation corresponding to salary grade equivalent to a department head as prescribed in
Republic Act 6758.

The Director shall report directly to the Office of the Mayor.

SECTION 220. Coordination Mechanisms. The Center, through its Director, shall hold permanent
membership in the Masbate City Coastal Resource Management Technical Working Group created
through Executive Order 13, Series of 2001. The group shall provide the Center with technical
guidance and information for purposes of developing information education communication materials
and updating, improving and planning the Center’s interpretive program and activities. The Center
Director shall meet with the technical working group and the City Fisheries and Aquatic Resources
Management Council at least once every quarter to determine their information education
communication needs.

SECTION 221. Strategic Plan. The Center, through its Director, is hereby directed to formulate a five
year strategic plan detailing specific strategies and programs it shall undertake and its budget
requirements for 2004-2008. The Center shall also submit for budgetary purposes an action plan
and proposed budget for 2004.
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SECTION 222. Appropriation. For its first year of operation in 2004, Funds shall be appropriated to
the Masbate Coastal Resource Management Interpretive Center from the 20% Economic
Development Fund of the City to finance the following activities:
1. Maintenance of existing exhibits.
2. Installation of new exhibits as may be appropriate.
3. Special social marketing and social mobilization events designed to increase public
awareness of Coastal Resource Management issues and solutions.
4. Establishment of on-site interpretive centers in the City’s showcase Coastal Resource
Management sites, such as the Buntod Reef Sanctuary or in mangrove management areas.
5. Promotion, marketing and operation of the Masbate Coastal Resource Management
Showcase study tour.
For subsequent years, funds shall be appropriated to the Masbate Coastal Resource Management
Interpretive Center proportionate to its budgetary and programmatic requirements. Such funds shall
be augmented by proceeds from the Center’s own operation, which shall be deposited in the
Masbate Coastal Resource Management Interpretive Center Trust Fund.

Article X
REGULATING THE ACTIVITIES WITHIN THE
BUGSAYON MARINE SANCTUARY IN BARANGAY B. TITONG

SECTION 223. Declaration of Policy.  It is hereby declared the policy of the City of Masbate to
regulate activities within Bugsayon Marine Sanctuary in order to conserve, protect and maintain the
integrity of its coastal marine resources manage the coastal and fishery resources within the
established covered area of Bugsayon Marine Sanctuary as well as to enhance people and
community participation in the management of coastal and fisheries resources of the city’s municipal
waters through community-based organization in accordance with environmental laws and
protection.

SECTION 224. Aims and Purposes.  Along this line and purposes as well as to further regulate the
activities within the Bugsayon Marine Sanctuary and aware of the on-going plans and program of the
city, provincial, regional and national government towards eco-tourism, coastal and marine
management development and considering the substantial number of influx of both local and foreign
tourists in the city, more in Bugsayon Marine Sanctuary, it becomes proper, just and necessary that
fees and other reasonable charge be collected from all tourists.

SECTION 225. Basis of Ordinance.  The City Ordinance No. 052-03 of the 1st City Council that took
effect September 2003 as well as all environmental laws and latest jurisprudence, National Fisheries
Code of the Philippines, Provincial Environment Code of Masbate and other related existing laws
and ordinances shall be the legal basis of this ordinance.

SECTION 226. Registration and Accreditation. Dive-shop owners, tour operators, travel operators
and motorized/ paddled-boat operators who shall use the Bugsayon Marine Sanctuary must register
with the Office of the Mayor and secure the necessary Mayor’s Permit. All tourist/ visitors Assistance
Center, to give the following information: name, age, status, sex, address nationality, occupation,
purpose of visit duration of stay and activities, number of logged dives/ certification level for scuba
divers and other required information to guide the community-based organization on Bugsayon
Marine Sanctuary.

SECTION 227. Daily User’s Fee.

A.    The fees and charges to be collected from tourist and other users who shall use the sanctuary,
shall be as follows:
Visitors Entrance Fee:
Local Tourist Foreign Tourist
a. Adult
Php 20.00/person $ 1.00/person
b. Student (Elementary High School)
Php 5.00/person $ 1.00/person

1. Additional Charges/Fees:
a. Scuba Diving
Php 100.00/person $ 5.00/person
b. Snorkeling
Php 50.00/person $ 2.00/person
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 c. Scuba Divers with still camera
Php 200.00/person $ 7.00/person
d. Scuba Divers with video camera
Php 300.00/person $ 10.00/person

2. Daily docking/mooring fee for motorized banca:

a. Below 3.0 gross tonnage Php 30.00/boat
b. Above 3.0 GT to 10 GT Php 50.00/boat
c. 10 GT and above Php 100.00/boat

B. Mode of Collection
The users of the sanctuary must present the prescribed ticket/s to the authorized collector before
using the sanctuary. Only users with prescribed tickets which may be secured in advance at the
City / Barangay Treasurer’s Office is allowed to use the marine sanctuary as this is a “NO TICKET,
NO ENTRY” area.

C. Free Entry
The City Mayor has the only authority to allow entry into the sanctuary free of charge to any
government agency or person(s) for purposes beneficial to the sanctuary, provided a written permit
must be obtain from the City Mayor. Said agency/person must furnish the City Government of its
findings, observations and suggestions, if there is any.

SECTION 228. Prohibitions. Prohibitions with sanctions are necessary in order to protect the
habitat, growth, nursery of fishes and other marine life. Once fishes and marine life are protected,
they will become friends and closer to people we can touch and play with them and such close
relationship will make attraction for tourists.

Acts prohibited are as follows:

Minor Offenses –
a. Wearing of gloves by any user of the Bugsayon Marine Sanctuary so as to avoid touching the
sanctuary resources;
b. Entry of unregistered and non-accredited owner/operators of motorized boat within the
sanctuary;
c. Entry of all types of boat/vessel within the core of the sanctuary.

Major Offenses –
a. Collection or destruction of corals and sea grass and other forms of marine life within the
sanctuary;
b. Boating, wave running or jet skiing within core of the sanctuary;
c. Any human activity such as swimming, waste disposal at the core zone of the sanctuary not
authorized by this ordinance, management and city government;
d. Dropping of anchor inside the Marine Sanctuary.

SECTION 229. Revenue Sharing. Revenues generated from the fees and charges after deducting
all expenses shall be shared by the Barangay and the City Government in the following manner:
1. Fifty percent to the fund of the City Government;
2. Fifty percent to the fund of the Barangay; and
3. Fifty percent of Barangay shall go to the community-based Organization on the Bugsayon Marine
Sanctuary Management of Barangay B. Titong, Masbate City in the area.

SECTION 230. Management Body of the Bugsayon Marine Sanctuary. The City Mayor shall have
full control and supervision in the planning, administration and management of the Bugsayon Marine
Sanctuary; thus, a special management body is hereby created and shall composed of a Project
Director, Business Development Officer, Community Relations Officers and duly assisted by a
Secretariat. It is highly recommended that the Project Director and Community Relations Officers
should be residents of Barangay B. Titong, Masbate City.

An Advisory Group, whose primary purpose is to provide technical inputs and other advices for the
management of the sanctuary, is likewise hereby created. It shall be composed of the following:
1. Local Government Unit Representatives – Barangay and City
2. Department of Agriculture-Bureau of Fisheries and Aquatic Resources Representatives
3. City Tourism Council Representatives
4. Resort Owners Representatives
5. Pump boat Owners Representatives
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6. Dive Shop Owners Representatives
7. Masbate Divers Club
8. B. Titong Fisher folks Association
9. B. Titong Multi-Purpose Cooperative
10. City Fishery and Agricultural Resources Management Council Chairman
11. Barangay Fishery and Agricultural Resources Management Council Chairman – B. Titong
12. Chief of Police, Masbate City Police Station
13. Station Chief, Philippine National Police Maritime Group
14. Philippine Coast Guard
15. Philippine Coast Guard Auxiliary
16. Chief Bantay Dagat Task Force

SECTION 231. Penalty. Any violation of the provisions of this ordinance shall subject the offender to
the following offenses:
Minor Offenses:
1st Offense - Warning
2nd Offense - Fine of Five Hundred Pesos
3rd Offense - Community service for Environmental Protection for two
days within Barangay B. Titong;
Major Offenses:
1st Offense - Fine of Five Hundred Pesos
2nd Offense - Fine of One Thousand Pesos
3rd Offense - Community service for Environmental Protection for one (1)
week within Barangay B. Titong;

Article XI
SMALL SCALE MINING AND/OR QUARRYING ACTIVITIES

SECTION 232. Administrative Provisions . Through this ordinance the City shall strictly enforce:
a. Republic Act 7076 or the Small Scale Mining Law;
b. Presidential Decree No. 1899, Individual Application for Small Scale Mining;
c. Batas Pambansa 265 and Sec. 92 of Republic Act 8550, banning the quarrying of beach sands
especially in Buntod Sanctuary, reefs and other similar areas in all water bodies within the
territorial jurisdiction of the City of Masbate;
d. Batas Pambansa No. 265 and Sec. 92 also ban the quarrying of beach sand even for
construction projects as item: specified by the Department of Public Works and Highways Blue
Books.

SECTION 233. Governing Laws. The pertinent provisions of the ordinance shall be governed by, but
not limited to, the following national laws and regulations:
a. Republic Act 7160 or the Local Government Code of 1991;
b. Republic Act 7942 or the Philippine Mining Act of 1995;
c. Republic Act 7076 or the Small Scale Mining Law;
d. Presidential Decree No. 1899 or the Individual Application for Small Scale Mining; and
e. Department of Environment and Natural Resources Administrative Order No. 23, series of 1995
as amended by Department Administrative Order 40, series of 1996, entitled, “Implementing
Rules and Regulations of the Mining Act of 1995”.

SECTION 234. Definition of Terms.

1. Small Scale Mining of Minerals – refers to mining activities which rely heavily on manual labor
using simple implements and methods and do not use expensive or heavy mining equipment
2. Quarrying – refers to the extraction or removal of quarry resources in identified production rivers
3. Quarry Resources – means any common stone or other common minerals/substances such as,
but not restricted to mud, marble, granite, cinders, basalt, tuff and rock phosphates, provided
they contain no metal or other valuable minerals in economically workable quantities
4. Permit – is a short term privilege or authority issued by the Government to a person to utilize any
limited material resources, or undertake a limited authority within a piece of land, without any
right of occupation or possession therein
5. Person – means every natural or juridical being, susceptible of rights and obligations or being the
subject of legal relations
6. License – a privilege granted by the government to a person to utilize natural resources within
any land, without any right of occupation and possession over the same, to the exclusion of
others or established or operate a manufacturing plant, or conduct any activity involving the
utilization of the natural resources covered by the license.

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Definition of other terms, not herein specifically defined, may also be based upon accepted definition
through usage or scientific understanding.

SECTION 235. Regulatory Provisions.

It shall be unlawful for any person, natural and juridical, to undertake quarrying and/or small scale
mining of minerals without permit or license duly issued by the Governor or appropriate agency
having authority and jurisdiction thereof provided that:
a. No license, lease, agreement, and/or permit shall be issued by other government agencies or the
Governor without the prior area clearance and/or consent of the concerned Barangay and City
Officials pursuant to Sec.99 [a] Department Administrative Order 23, 1995;
b. Such prior clearance shall not apply to a private land owner who cannot be forced by the
Government or by law, except by Eminent Domain, to permit entry and quarrying over his/her
land; save those declared by law as protected areas;
c. Mining and/or quarrying activities within the City of Masbate shall be subject to prior
Environmental Impact Assessment, as provided under the Philippine Environment Impact
Assessment System;
d. No extraction of materials shall be allowed within a distance of one Kilometer from boundaries of
reservoir established for public water supply, archeological and historical sites and any public or
private works or structures, unless prior area clearance of the agency or owner is obtained;
e. No extraction or removal of materials shall likewise be allowed in offshore areas within Five
Hundred meters distance from the coast and Two Hundred meters from the mean low tide level
along the beach, pursuant to Section 101, Department Administrative Order 23, series of 1995;
f. No extraction of quarry resources shall be permitted in Barangay Bayombon and Barangay
Biyong pursuant to Sangguniang Panlalawigan Resolution No. 079-97;
g. Prior to extraction, all permittees shall be required to secure business permits from the City
Mayor in accordance with the pertinent provisions of Revenue Code of 2007;
h. Extraction of quarry resources shall only be permitted in identified productive rivers that shall be
certified by the Provincial Office of Environment and Natural Resources Management and the
Department of Public Works and Highways in accordance with technical and environmental
considerations.

Barangay Officials shall organize a Barangay Monitoring Team, responsible for the inspection,
monitoring and recording of quarrying activities within their area of jurisdiction. A monthly quarry
activities monitoring report shall then be prepared based on this activity. The report shall be
submitted to the Provincial Office on Environment and Natural Resources Management, copy
furnished the City Mayor and the City Treasurer. The report, a pro-forma of which is made as an
integral part of this Ordinance as Annex A, shall serve as the basis for the claim of the barangay and
city share at 40% and 30% respectively of the proceeds pursuant to the quarry ordinance. A
monitoring fee of 1% of the market value of materials as established by the committee, shall be
collected by the Barangay Monitoring Team before extraction, which shall accrue exclusively to the
general fund of the barangay.

SECTION 236. Penalty. Violation of Sec. 236 hereof, shall be fined the amount of One Thousand
Pesos or imprisonment of 6 months or both such fine and imprisonment at the discretion of the
Court.

Article XII
MANDATING THE USE OF BAGS OUT OF NATIVE RAW MATERIALS AS SUBSTITUTE TO
COMMERCIALLY MANUFACTURED PLASTIC BAGS FOR REASON OF SOUND SOLID WASTE
MANAGEMENT, ABATING POLLUTION AND THE PROTECTION OF
HEALTH AND ENVIRONMENT

SECTION 237. Authority.

a. Article II, Section 6 of the Philippine Constitution provides that the State shall protect and
advance the right of the people to a balanced and Healthful ecology in accord with the rhythm
and harmony of nature.
b. Section I of Republic Act 9003, the Philippine Ecological Solid Waste Management by way of
Declaration of National Policy states that “the Government must ensure the protection of health
and environment”. Section 7 Rule XV of Republic Act 9003 provides that Local Government Unit
shall use alternative indigenous processes, material technologies and approaches which have
been screened for social responsibility, efficiency and effectivity.
c. The Philippine Clean Air Act of 1999 or Republic Act 8749 (Section I, Article I) provides the right
to utilize and enjoy all the natural resources according to the principles of sustainable
development with the right to breathe clean air.

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d. Section 3 (i) of Republic Act 7160 provides that Local Government Units shall share with the
national government the responsibility in the management and maintenance of ecological
balance within their territorial jurisdiction. In support, Section 458, I (vi) empowers the
Sanggunian Panlungsod to protect the environment and impose appropriate penalties for acts
which endanger the environment including such activities resulting in pollution, acceleration or
eutrophication of rivers and lakes or ecological imbalance.

SECTION 238. Purpose.

a. The National and Local Government has the mandated task to phase-out non-environmentally
accepted products or packaging like plastic and the like as directed by Republic Act 9003 of
2000.
b. Republic Act 9003 prohibits the manufacture, distribution and use of non-environmentally
accepted products as well as the importation of the consumer products packaged in non-
environmentally acceptable materials.
c. Plastic bags, wrappers, sachets and other packaging materials are rampantly used in wet and
dry markets, business establishments, offices and households in the City of Masbate and
elsewhere.
d. These materials are left behind from the segregated discards as residual wastes are often
dumped or simply burned causing air pollution, aggravating the depletion of ozone layer and
contribute to climate change and abnormalities posing danger to the environment and human
existence.

SECTION 239. Definition of Terms.

1. Air Pollution – any matter found in the atmosphere other than oxygen, water vapor, carbon
dioxide, and the inert gases in their natural or normal concentration, that is detrimental to health
or the environment, which includes, but not limited to smoke, dust, soot, cinders, fly ash, solid
particles of any kind, gases, fumes, chemical mists, steam and radioactive substance including
non-environmentally accepted products.
2. Airshed – refers to areas with common weather or meteorological conditions and sources of air
pollution which affect the interchange and diffusion of pollution or the present characteristics or
nature of the surrounding atmosphere.
3. Ambient air quality – refers to atmosphere’s average purity in a broad area as distinguished from
discharge measurement taken at the source of pollution or the present characteristics or nature
of the surrounding atmosphere.
4. Bio-medical waste – refers to pathological wastes, pharmaceutical wastes, chemical wastes
defined as follows:
5. Chemical Waste – includes discarded solid, liquid or gaseous chemical from laboratories or other
sources as diagnostic work, environmental work, cleaning, housekeeping and disinfecting
procedures.
6. Business establishment – a private structure including buildings and equipment engaged in trade
or commercial activity as a means of livelihood or with a view of profit.
7. Dry goods – any product that do not require refrigeration or freezing to maintain such as textiles
and clothing.
8. Native or Raw Materials – a term used to denote materials generated from nature minimally
processed to form bayong, baskets, woven bags.
9. Ecological Waste Management – shall refer to the systematic administration of activities which
provide for segregation at source, segregated transportation, storage, transfer, processing,
treatment and disposal of solid waste and all other waste management activities which do not
harm the environment.
10. Environmentally acceptable – shall refer to the quality of being re-useable, biodegradable or
compostable recyclable and not toxic or hazardous to the environment.
11. Food – material, usually of animal or plant origin, containing essential body nutrients suggestive
of physical nourishment.
12. Green house gases – mean those gases that can potentially or can reasonably be expected to
induce global warming which include carbon dioxide, methane and oxides of nitrogen
chlorofluorocarbons and the like.
13. Non- Environmentally Acceptable Products or Packaging – shall refer to products or packaging
that are unsafe in production use, post consumer use or not produce or release harmful by
[products or discarded.
14. Open Burning – the normal destruction of wastes by means of direct exposure to fire. It also
applies to small scale methods of community Sanitation called “siga.”
15. Open Dump – shall refer to disposable area wherein the solid wastes are indiscriminately thrown
or disposed of without due planning and consideration for environment and health standards.

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16. Ozone – a colorless unstable toxic gas with a pungent odor or powerful oxidizing properties,
formed from oxygen by electrical discharges of ultraviolet light. It differs from normal oxygen in
having three atoms in its molecule.
17. Ozone depleting substances – mean substances that significantly deplete or otherwise modify
the ozone layer in a manner that is likely to result in adverse effects of human health and the
environment such as, but not limited to chlorofluocarbons, halons and the like.
18. Pathological waste – include all human tissue (whether infected or not) such as limbs, organs,
fetuses and body fluid, animal carcasses and tissue, together with all related swabs and
dressings.
19. Persistent organic pollutants – mean the organic compounds that persist in the environment,
bio-accumulate through the food web, and pose a risk of causing adverse effects of human
health and environment. These compounds resist photolytic, chemical and biological
degradation, which include but not limited to dioxin, furan, polychlorinated biphenyls,
organochlorine pesticides such as aldrin, dieldrin DDT, hexachlorobenzene, lindens, toxaphene
and chlordane.
20. Persons – shall refer to any being natural or juridical, susceptible of rights and obligations, or of
being the subject of legal relations.
21. Pharmaceutical wastes – include pharmaceutical products, drugs and chemicals that have been
returned from wards been spilled or soiled; are expired or contaminated or are to be discarded
for any reason.
22. Poisonous and toxic fumes – mean any envisions and fumes which are beyond internationally
accepted standards, including but not limited to World Health Organization guidelines values.
23. Solid Waste Management – shall refer to the discipline associated with the control of generation,
storage, collection, transfer and transport, processing and disposal of solid wastes in manner
that is accord with the best principle of public health, economics, engineering, conservation,
aesthetic and other environmental considerations and that is also responsive to public attitudes.

SECTION 240. Prohibited Acts. The following are considered prohibited acts:
A. No business establishment shall utilize plastic bags as packaging material on food products with
exemption on vendors for wet product such as ice, fish and others;
B. Burning and/or dumping of plastic wrappers, sachets and other packaging materials left behind
from the segregated discards as residual wastes;
C. The use of non-environmentally acceptable materials contained in the updated list per
recommendation of the City Board on Solid Waste Management;
D. Non-observance of proper disposal of all plastics and similar products in accordance with the
provisions of the Republic Act 8749 or the Clean Air Act of 1999.

SECTION 241. Alternative Mechanism. In view of the prohibited acts, alternative mechanism shall
be instituted:
A. Paper-based packaging materials such as old newspapers, paper bags shall be used in dry
goods.
B. Business establishments dealing on wet goods shall regulate the use of plastic bags as primary
packaging materials, secondary packaging materials in the form of cloth bag, commonly known
as katsa and woven bags, commonly known as bayong will be encouraged.
C. Food establishment shall regulate the use of styrofoams and other materials as containers for
food produce and other products pursuant to existing laws.

SECTION 242. Implementation Mechanism.

A. Upon approval of this Ordinance, the City Government shall conduct massive information
education and communication to include the promotion of alternative biodegradable packaging
materials.
B. The City Environment and Natural Resources Office shall be primarily responsible to monitor the
effective implementation of this Ordinance. He shall also prepare a semi-annual report on the
progress of the implementation of this Ordinance.

SECTION 243. Penalty.

a. Store owners, retailers and wholesaler who violates this Ordinance shall be meted the following
penalty:
First Offense - Fine of One Thousand Pesos
Second Offense - Fine of Three Thousand Pesos
Third Offense - Fine of Five Thousand Pesos and
1 month imprisonment or both at the discretion of the court
b. Any person who violates this Ordinance shall be meted the following penalty:
First Offense - Warning/Reprimand
Second Offense - Fine of Five Hundred Pesos
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 Third Offense - Fine of One Thousand Pesos

CHAPTER X
TAX GENERATION

Article I
REQUIRING COPRA DEALER TO POST THE CURRENT PRICE

SECTION 244 Any copra dealer, domestic or exporter, shall post the current price of copra per one
hundred kilos “base resecada” at a conspicuous place within their business establishment,
measuring at least two feet by two feet.

SECTION 245. Any copra dealer, domestic or exporter, found violating this Ordinance shall be fined
five hundred pesos, or an imprisonment of thirty days or both, at the discretion of the court.

Article II
FIXING MONTHLY RENTALS ON STALL ALONG TARA STREET

SECTION 246. Market stalls refer to stalls constructed along Tara Street in the Masbate Public
Market, in accordance with Resolution No. 111-92 and in conformity with the Plan and specifications
duly approved by the Sangguniang Bayan;

SECTION 247. The monthly rentals shall be paid to the Municipal Treasurer within the first ten days
of each month starting January 1, 1994 to December 31, 2014 in accordance with the revenue code;

SECTION 248. Failure to pay the monthly rental within the prescribed period, stall occupant shall
pay a surcharge of twenty five percent of the total rent due;

(Reference: Chapter IX Article 68 Section 371-375 of the Revenue Code or Section 654-658 of the
Code of General Ordinances)

Article III
FIXING THE COST OF PRIME LOT AT BARANGAY ESPINOSA

SECTION 249. This Ordinance authorizes the Honorable Mayor of Masbate to enter into a contract
to sell with the present occupants of Municipal Property, situated at Barangay Espinosa, with a total
area of 3,505 square meters under Tax Declaration No. 8290 and Cadastral Lot No. 771.

SECTION 250. The cost shall be fixed at Two Hundred Pesos per square meter.

SECTION 251. A thirty percent down payment of the total cost of the lot occupied shall immediately
be payable upon the signing of the contract, and the 70% balance shall be payable in twenty-four
consecutive months on a monthly installment.

SECTION 252. All payments under this contract to sell shall be payable only to the Municipal
Treasurer of Masbate and shall always be covered with a corresponding official receipt.

SECTION 253. In case of default in the payment of installments for three consecutive months, the
whole balance becomes due and demandable from the vendee: Provided, however, that the vendee
shall be given 60 days grace period within which to pay the said balance: Provided, further, that in
case of failure on the part of vendee to comply within the said period, all payments made thereon,
shall be forfeited in favor of the Municipal Government of Masbate and subsequently, the lot shall be
made open for sale to any interested buyer;

SECTION 254. The vendee may take immediate possession of the property herein involved after
paying the required down payment and the signing of the contract, but in a temporary manner, as a
lessee or tenant, subject to certain restrictions, rules and regulations to be promulgated by the City
Treasurer, duly approved by the City Mayor;

SECTION 255. The vendee shall not encumber nor sell to any third person the lot under contract
until he has fully paid the selling price to the City Government of Masbate, as provided for in the
Deed of Absolute Sale in an Installment Basis.

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SECTION 256. After the vendee shall have fully paid the total selling price of the lot he has entered
into under this contract, the City Government of Masbate, through the City Mayor, shall execute a
final Deed of Absolute Sale in his (vendee’s) favor, which will now be the basis of the transfer of
ownership of the lot from the vendor to the vendee.

Article IV
PROVIDING FOR THE SHARING OR APPORTIONING OF THE PROCEEDS OF
ADMINISTRATIVE FINES COLLECTED FROM OR PAID BY VIOLATORS OF THE CITY’S
TRAFFIC RULES AND REGULATIONS, ANTI-VANDALISM AND
ANTI-LITTERING ORDINANCES

SECTION 257. Apportioning or Sharing. The proceeds of the administrative fines collected from or
paid by violators of the city’s traffic rules and regulations, anti-vandalism and anti-littering ordinances
who opted to settle their violation administratively during the reglamentary period of seventy-two
hours from time of arrest, shall be apportioned as follows:
a. Fifty percent of the fine paid by the offender shall accrue to the general fund of the City
government;
b. In case the arrest was made by the city policemen, fifty percent shall accrue to the Masbate City
Police Office, as the city’s financial support thereto for its operational funds to special
activities/operations, honorarium, and for the acquisition of equipments, supplies, repair of police
vehicles, improvement of police buildings, for schooling/training of its members and for medical
assistance to policemen wounded while on duty, among others.
c. In case the arrest was made by a member of the Barangay Police, elected barangay official, RTA
enforcer and deputized traffic enforcer, twenty percent shall be given to the arresting person, and
thirty percent shall accrue to the Barangay where he/she resides or is a member of its Barangay
Police, or Traffic Enforcer of the City, as the case maybe.

SECTION 258. Disposition. The proceeds there from shall first accrue to the General Fund of the
City and the shares of Masbate City Police Office, Barangay, or Traffic enforcer, and the arresting
person as fixed in the preceding Section shall disbursed of through a corresponding appropriation
ordinance enacted by the City Council for the purpose.
SECTION 259. Procedures. For this purpose, the following shall be observed:
a. If the violation involves the anti-vandalism and anti-littering ordinances, the arresting person shall
bring the violator to the nearest police precinct having jurisdiction over the place where the
violation occurred for the recording in the police blotter. For this purpose, it shall be the city of
police investigator in the precinct to record the name of the arresting person, the date, time and
place where the violation happened, among others.
b. If the violation involves traffic rules and regulations, the arresting person shall bring the violator to
the City Philippine National Police Station or nearest Philippine National Police sub-station or call
upon any Traffic Enforcer present in the area to issue citation ticket to the offender. For this
purpose, it shall be the duty of Traffic Enforcer to record at the back of the citation ticket the
name of the arresting person, the date, time and place where the violation occurred, among
others.
c. The Traffic Enforcer of the City Police Department shall prepare a weekly summary of arrests
made in relation to the aforestated ordinances, as the case maybe, and shall regularly furnish
copies thereof to the Office of the City Mayor, the City Council Committee on Peace and Order
and the City Treasurer’s Office.
d. If the violator decides to settle his violation administratively within the reglamentary period of
seventy-two hours from time of arrest, the Traffic Enforcer or the City Police Chief shall require
the offender to pay the appropriate administrative fine at the City Treasurer’s Office, which shall
issue official receipt for the purpose. Certified photocopies of the said Official Receipt shall be
retained by the arresting person, Traffic Enforcer of the Masbate City Police office for recording
purposes and later as evidence in claiming for their respective shares of the administrative fine
paid by the violator as provided hereof.
e. Failure of the offender to pay the administrative fine by failing to show proof of payment thereof
within the reglamentary period, the Traffic Enforcer of the Masbate City Police Office within one
week from the lapse thereof, shall prepare the necessary complaint of information of the case for
filing with the Office of the City Prosecutor.

Article V
COMPULSORY CONFINEMENT OF DOMESTICATED ANIMALS SUCH AS

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 CATTLE, SHEEP, CARABAO, HORSES, GOATS, PIGS AND DOGS

SECTION 260. It shall be unlawful for any owner of domestic animals such as cattle, carabaos,
horses, sheep, goats, pigs and dogs to allow it astray and roam around or loiter in streets and public
places.

SECTION 261. It shall likewise be unlawful to tie the animals along all roads in the poblacion and
national highways in all barangays of the City.

SECTION 262.There shall be imposed and collected from the owner a poundage fee for every head
of animal caught at large and impounded at the City or Barangay Pound in accordance with the
following rates:

Hogs . . . . . . . . . . . . . . . . . . Php 75.00/head a day

Goats . . . . . . . . . . . . . . . . . . 50.00/head a day
Dogs . . . . . . . . . . . . . . .. . . . 25.00/head a day
All other domestic pets . . . . 25.00/head a day
All other four legged animals . . . 25.00/head a day

SECTION 263. Failure of the owner to redeem his animal after the fifth day, the city officials or
barangay officials concerned shall have the right to sell the animal at public auction in the manner
provided by law.

SECTION 264. All unredeemed dogs and other domestic pets shall be subjected to final disposition
by the City Government of Masbate subject to the limitations as provided for by Republic Act. No.
8485, otherwise known as the Animal Welfare Code.

SECTION 265. Any violation of this ordinance shall subject the owner to imprisonment of not less
than twenty days or a fine of not more than Two Hundred Pesos or both such fine and imprisonment
at the discretion of the court, provided, that this penalty shall be in addition to the poundage fee
herein imposed and provided further, that payment of the poundage fee shall be without prejudice to
the criminal action against the offender.

Article VI
IMPOSING THE COLLECTION OF CLEARANCE FEES ON DOCUMENTS
ISSUED BY THE CITY PROSECUTOR’S OFFICE

SECTION 266. The following rates of fees shall be imposed on the issuances of the following
clearances by the City Prosecutor’s Office:
a. Clearance Certificate fee for application to possess fire arms Php 50.00
b. Clearance Certificate fee for application for abroad 100.00
c. Clearance Certificate fee for employment 30.00
d. Clearance Certificate fee for other purposes 20.00

SECTION 267. Clearance Certificate fee shall be collected by the City Treasurer’s Office with
corresponding official receipts issued thereto.

ARTICLE VII
REVENUE CODE
i. Title, Scope and Definition of Terms
SECTION 268. Scope and Application. This Code shall govern the levy, assessment, and collection
of all city taxes, fees, charges and other impositions within the territorial jurisdiction of this City.
SECTION 269. Definitions.
1. Acquisition Cost - for newly acquired machinery not yet depreciated and appraised within the
year of its purchase, refers to the cost of the machinery to its present owner, plus the cost of
transportation, handling and installation at the present site;
2. Actual Use - refers to the purpose for which the property principally or predominantly utilized by
the person in possession thereof;
3. Ad Valorem Tax - is a levy on real property determined on the basis of a fixed proportion of the
value of the property;
4. Agricultural Land - is a land devoted principally to the planting of trees, raising of crops,
livestock and poultry, dairying, salt making, inland fishing and similar aqua-culture activities, and

73
 other agricultural activities, which is not classified as mineral, timber, residential, commercial or
industrial land;
5. Appraisal - is the act or process of determining the value of a property as of a specific date for
specific purpose;
6. Assessment - is the act or process of determining the value of a property or proportion thereof
subject to tax, including the discovery, listing, classification and appraisal of properties;
7. Assessment Level - is the percentage applied to the fair market value to determine the taxable
value of the property;
8. Assessed Value - is the fair market value of the real property multiplied by the assessment level.
It is synonymous to taxable value;
9. Business - means a trade or commercial activity regularly engaged in as a means of livelihood or
with a view of profit;
10. Capital Investment - is a capital which a person employs in any undertaking or which he
contributes to the capital of a partnership, corporation of any juridical entity or association in a
particular taxing jurisdiction;
11. Charges - refer to pecuniary liability as rents or fees against persons or property;
12. Commercial Land - is land devoted principally for the object of profit and is not classified as
agricultural, industrial, mineral or residential land;
13. Cooperative - is a duly registered association of persons with common bond of interest, who are
voluntarily joined to achieve a lawful common social, economic end making equitable
contributions to the capital required and accepting a fair share of the risks and benefits of the
undertakings in accordance with the universally accepted cooperative principles;
14. Corporation - includes partnerships, no matter how created or organized, joint-stock companies,
joint–accounts (cuentas en participacion) associations or insurance companies but does not
include general professional partnerships and a joint venture or consortium form for the purpose
of undertaking construction projects or engaging in petroleum, coal, geothermal and other energy
operations pursuant to an operating consortium agreement under a service contract with the
government. General professional partnerships are partnerships formed by persons for the sole
purpose of exercising their common professions, no part of the income of which is derived from
engaging in any trade or business; the term “resident foreign” when applied to a corporation
means a foreign corporation not otherwise organized under the Philippine Laws but engaged in
trade or business within the Philippines;
15. Countryside and Barangay Business Enterprise - refers to any business entity, association, or
cooperative registered under the provisions of Republic Act Numbered Sixty-eight hundred ten
(R.A. 6810), otherwise known as “Magna Carta For Countryside and Barangay Business
Enterprise (Kalakalan 20);
16. Depreciated Value - is the value remaining after deducting depreciation from the acquisition cost;
17. Economic Life - is the estimated period over which is anticipated that a machinery or equipment
may be profitably utilized;
18. Fair Market Value - is a price at which a property may be sold by a seller who is not compelled to
sell and bought by a buyer who is not compelled to buy;
19. Fee - means a charge fixed by law or ordinance for the regulation or inspection of business or
activity;
20. Gross Receipt - includes the total amount of money or its equivalent representing the contract
price, compensation or service fee, including the amount charged or materials supplied with the
service and deposits or advance payments actually or constructively received during the taxable
quarter for the services performed or to be performed for another person excluding discounts if
determinable at the time of sales, sales return, excise tax, and value-added tax;
21. Improvement - is a valuable addition made to a property or amelioration in condition, amounting
to more than a mere repair or replacement of parts involving capital expenditures and labor,
which is intended to enhance its value, beauty or utility or to adapt it for new or further purposes;
22. Industrial Land - is land devoted principally to industrial activity as capital investment and is not
classified as agricultural, commercial timber or mineral land;
23. Levy - means an imposition of an assessment, tax, tribute or fine;
24. License or Permit - is a right or permission granted in accordance with law or by a competent
authority to engage in some business or occupation or to engage in some transaction;
25. Machinery–embraces machines, equipments, mechanical contrivances, instruments, appliances
or apparatus that may or may not be attached permanently or temporarily, to the real property. It
includes physical facilities, and appurtenant service facilities, those which are mobile, self-
powered, or self-propelled, and those that are not permanently attached to the real property
which are actually, directly, and exclusively used to meet the needs of the particular industry
business or activity and which by the very nature and purpose are designed for, or necessary to
its manufacturing, mining, logging, and commercial, industrial or agricultural purposes;
Machinery that is of general-purpose use including but not limited to office equipments,
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 typewriters, telephone equipments, breakable or easily damaged containers (glass or cartons),
microcomputers, facsimile machines, telex-machines, cash dispensers, automatic dispensing
machines, which are not directly and exclusively used to meet the needs of a particular industry,
business or activity shall not be considered within the definition of machinery under this rule.
Residential machinery shall include machines, equipments, appliances or apparatus permanently
attached to residential land and improvements or those immovable by destination;
26. Mineral Lands - are lands in which minerals, metallic or non-metallic, exist in sufficient quantity or
grade to justify the necessary expenditures to extract and utilize such materials;
27. Operator - includes the owner, manager, administrator or any person who operates or is
responsible for the operation of business establishments or undertakings;
28. Person - means every natural or juridical being, susceptible of rights and obligations or being the
subject of legal relations;
29. Privilege - means a right or immunity granted as a peculiar benefit, advantage or favor;
30. Reassessment - is the assigning of new assessed value to property, particularly real estate as
the result of a general, partial, or individual reappraisal of the property;
31. Remaining Economic Life - is the period of time expressed in years from the date of appraisal to
the date when the machinery becomes valueless;
32. Remaining Value - is the value corresponding to the remaining useful life of the machinery;
33. Rental - means the value of the consideration, whether in money or otherwise given for the
employment or use of a thing;
34. Replacement of Reproduction Cost - is the cost that would be incurred on the basis of current
prices in acquiring an equally desirable substitute property, or the cost of reproducing a new
replica of the property on the basis of current prices with the same or closely similar material;
35. Residential Land - is land principally devoted to habitation;
36. Revenue - includes taxes, fees, and charges that a state or its political subdivision collects and
receives into the treasury for public purpose;
37. Services - means the duties, work or functions performed or discharged by a person as the case
may be;
38. Tax - means an enforced contribution, usually monetary in form, levied by the law-making body
on persons and property subject to its jurisdiction for the precise purpose of supporting
government needs;
39. Wharfage - means a fee assessed against the cargo of a vessel engaged and/or discharged by
the vessel;
SECTION 270. Words and Phrases not Expressly Defined. Words and phrases embodied in this
Code not herein specifically defined shall have the same definitions as found in Republic Act 7160,
otherwise known as the Local Government Code of 1991;

ii. Rules of Construction

SECTION 271. General Rule. In construing the provisions of this Code, the following rules of
construction shall be observed unless otherwise inconsistent with the manifest intent of the said
provisions, or when applied, would lead to absurd or highly improbable results:
(1) Common and Technical Words- All words and phrases shall be construed and understood
according to the common and approved usage of the language, but technical words and phrases
and such other words, which may have acquired a peculiar or appropriate meaning in the Code,
shall be construed according to such technical, peculiar or appropriate meaning;
(2) Gender and Number- Every word in this Code importing the masculine gender shall extend to
both male and female. Every word importing the singular number shall apply to several persons or
things and every word importing the plural number shall apply to one person or thing;
(3) Computation of Time – The time within which any act is to be done as provided in this Code or
in any rule or regulation issued pursuant to the provisions hereof, when expressed in days, shall be
computed by excluding the first day and including the last day, except if the last day falls on a
Sunday or a holiday in which case the same shall be excluded from the computation, and the next
business day shall be considered the last day;
(4) References- All references to Chapters, Articles, and Sections are to Chapters, Articles, and
Sections in this Code, unless otherwise specified;
(5) Conflicting Provisions of Chapters or Articles- If the provision of different Chapters or Articles
conflict with or contravene each other, the provision of each Chapter or Article shall prevail as to
specific matters and questions involved therein;
(6) Conflicting Provisions of the Sections –If the provisions of different Sections in the Article
conflict with each other, the provisions of the Sections that is last in point or sequence shall prevail.
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 iii. Real Property Tax

SECTION 272. Real Property Subject to Tax. All real properties such as lands, buildings,
machineries and other improvements located in the City of Masbate.
SECTION 273. Exemptions. The following are exempted from the payment of the basic real property
and the Special Education Fund taxes:
a. Real Properties owned by the Republic of the Philippines or any of its political subdivisions
except when the beneficial use thereof has been granted, for consideration or otherwise, to a
taxable person;
b. Charitable institutions, churches and parsonages or convents appurtenant thereto, mosques,
non-profit or religious cemeteries, and lands, buildings, and improvements actually directly and
exclusively used for religious, charitable, or educational purposes;
c. All machineries and equipments that are actually, directly and exclusively used by local water
districts and government–owned or controlled corporations engaged in the supply and
distribution of water and/or generation and transmission of electric power;
d. All real properties owned by the duly registered cooperatives as provided for under Republic Act
6938, otherwise known as Cooperative Act of the Philippines; and
e. Machineries and equipments used for pollution control and environmental protection. Except as
provided herein and pursuant to Section 234 of the Local Government Code, and exemption
from payment of real property tax previously granted to or presently enjoyed by, all persons,
whether natural or juridical, including all government-owned or controlled corporations, are
hereby withdrawn effective January 1, 1992. All properties mentioned in this Section shall be
valued for the purpose of assessment and record purposes and shall be kept thereof as in other
cases.
iv. Appraisal of Real Property
SECTION 274. Appraisal of Real Property. All real property, whether taxable or exempt, shall be
appraised at the current and fair market value prevailing in the City of Masbate where the property is
located using the governing schedule in accordance with the rules and regulations promulgated by
the Department of Finance for the classification, appraisal and assessment of real properties
pursuant to the provisions of the 1991 Local Government Code.
SECTION 275. Declaration of Real Property by the Owner or Administrator. It shall be the duty of
all persons, natural or juridical owning or administering real property, including the improvements
thereof, or their authorized representatives, to prepare, or cause to be prepared, and file with the
City Assessor, a sworn statement declaring the true value of their property, whether previously
declared or undeclared, taxable or exempt, which shall be the current and fair market value of the
property, as determined by the declared owner. Such declaration shall contain a description of the
property sufficient in detail to enable the City Assessor or his deputy to identify the same for
assessment purposes. The sworn declaration of real property herein referred to shall be filed with
the City Assessor once every three years during the period from January first to June thirtieth
commencing from calendar year 1993.

For this purpose, the City Assessor shall use the standard form known as the Sworn Declaration of
Property Value prescribed by the Department of Finance. The procedures in the filing and
safekeeping thereof shall be in accordance with the guidelines issued by said Department.

SECTION 276. Administrative Penalty. Failure to file the required sworn declaration of property
values on the prescribed period, a penalty of One Hundred Pesos shall be imposed against the
declared owner for each tax declaration.
SECTION 277. Duty of the Person Acquiring Real Property or Making Improvements thereon.

a. It shall be the duty of any person or authorized representative acquiring at anytime real property
within the City of Masbate or making any improvement on real property, to prepare or cause to
prepare and file with the City Assessor a sworn statement declaring the true value of subject
property within sixty days after the acquisition of such property or upon completion or occupancy
or improvement, whichever comes first.
b. In case of houses, buildings or other improvements acquired or newly constructed which will
require building permits, property owners or their authorized representatives shall likewise file a
sworn declaration of the true value of the subject house, building, or other improvements within
sixty days after the date of a duly authorized final deed of sale, contract, or other deed of
conveyance covering the subject property executed between the contracting parties. The date of
completion or occupancy of the newly constructed building, house or improvement whichever
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 comes earlier; and the date of completion or occupancy of any expansion, renovation, or
additional structures or improvements made upon any existing building, house or other real
property, whichever comes earlier.
c. In case of machineries, the sixty day period for filing the required sworn declaration of property
values shall commence on the date of installation thereof as determined by the City Assessor
and, for this purpose, the City Assessor may secure a certification from the building official or
engineer or other appropriate official stationed in the City.
d. Property owners or administrators who failed to comply with the above provisions shall be
subject to a fine of Two Hundred Pesos.

SECTION 278. Declaration of Real Property by the City Assessor.

a. Any person, natural or juridical by whom real property is required to be declared who refuses or
fails for any reason to make such declaration within the time prescribed, the City Assessor shall
himself declare the property in the name of defaulting owner, and shall assess the property for
taxation in accordance with the provisions of this Article.
b. In the case of real property discovered whose owner or owners are unknown, the City Assessor
shall likewise declare the same in the name of the unknown owner until such time that a person,
natural or juridical, comes forth and files the sworn declaration of property values as required. No
oath shall be required of a declaration thus made by the City Assessor.

SECTION 279. Listing of Real Property in the Assessment Rolls .

a. The City Assessor shall prepare and maintain an assessment roll wherein all real property shall
be listed, whether taxable or exempt, located within the territorial jurisdiction of the City of
Masbate. Real property shall be listed, valued and assessed in the name of the owner or
administrator, or anyone having legal interest in the property.
b. The real property of a corporation, partnership or association, shall be listed, valued and
assessed in the manner as that of an individual. The undivided real property of a deceased
person may be listed, valued and assessed in the name of the estate or of the heirs and
devisees without designating them individually, and undivided real property other than that
owned by a deceased may be listed, valued and assessed in the name of one or more co-
owners; Provided, however, that such heir devisee, or co-owner shall be liable severally and
proportionately for all obligations imposed by this Article and the payment of the property tax with
respect to the undivided property.
c. Real property owned by the Republic of the Philippines, its instrumentalities and political
subdivisions, the beneficial use which has been granted for consideration or otherwise, to a
taxable person shall be listed, valued and assessed in the name of the possessor, grantee or of
the public entity if such property has been acquired or held for resale or lease.

SECTION 280. Proof of Exemption of Real Property from Taxation.

a. Every person by or for whom real property is declared, who shall claim tax exemption for such
property under this Chapter, shall file with the City Assessor within thirty days from the date of
the declaration of the real property, sufficient documentary evidence to support of such claim
including corporate charters, title of ownership, article of incorporations, by-laws, contracts,
affidavits, certifications, mortgages, deeds and similar documents.
b. If required evidence is not submitted within the period herein prescribed, the property shall be
listed as taxable in the assessment roll. However, if the property shall be proven to be exempt,
the same shall be dropped from the assessment roll.

SECTION 281. Duty of the Official Issuing Building Permit or Certificate of Registration of Machinery
to Transmit Copy to Assessor. Any public official or employee who may now or hereafter be required
by law or regulation to issue to any person a permit for construction, addition, repair, or renovation of
a building, or permanent improvement on land, or a certificate of registration for any machineries,
including machines, mechanical contrivance and apparatus attached or fixed on land or to another
real property, shall transmit a copy of subject permit of certificate within thirty days of its issuance to
the Assessor of the City of Masbate where the property is located.
Any official referred to the above shall likewise furnish the City Assessor with copies of the building
floor plans and/ or certificates of registration or installation of other machineries which may not be
permanently or temporarily attached to land or another real property but falling under the definition of
the term machinery and the rules and guidelines issued by the Department of Finance.

SECTION 282. Duty of the Geodetic Engineers to Furnish Copy of Plan to the Assessor. It shall be
the duty of all Geodetic Engineers, public or private, to furnish free of charge to the Assessor of this

77
City where the land is located with a white or blue print copy of each of all approved original or
subdivision plan or maps of surveys executed by them within thirty days from receipt of such plans
from the Lands Management Bureau, the Land Registration Authority or the Housing and Land
Registration Authority or the Housing and Land Use Regulatory Board, as the case may be.
SECTION 283. Duty of Register of Deeds to Appraise Assessor of Real Property Listed in the
Registry.
a. To ascertain whether or not any real property entered in the Registry of Property has escaped
discovery and listings for the purpose of taxation, the Register of Deeds shall prepare and submit
to the City Assessor within six months from the date of effectivity of the Local Government Code
and every year thereafter, an abstract of his registry, which shall include brief but sufficient
descriptions of real properties entered therein, their present owners, and the dates of their most
recent transfer or alienation accompanied by copies of corresponding deeds of sale, donation, or
petition or other forms of alienation.
b. It shall be the duty of the Register of Deeds to require every person who shall present for
registration a document or encumbrance of real property to accompany the same with a
certificate to effect that the real property subject to transfer, alienation or encumbrance, as the
case may be, has been fully paid of all real property taxes due thereon. Failure to provide such
certificate shall be a valid cause for the Register of Deeds to refuse the registration of the
document.
c. The Register of Deeds and Notaries Public shall furnish the City Assessor with copies of all
contracts, selling, transferring, or otherwise conveying, leasing, or mortgaging the real property
registered by or acknowledged before them within thirty days from the date of the registration or
acknowledgement.

SECTION 284. Real Property Identification System. All declarations of real property made under the
provision of this Article shall be kept and filed under a uniform classification system to be established
by the City Assessor pursuant to the guidelines issued by the Department of Finance for the
purpose.

SECTION 285. Notification of Transfer of Real Property Ownership.

a. Any person who shall transfer real property ownership to another shall notify the City Assessor
within sixty days from the date of such transfer. The notification shall include the copy of the
mode of transfer, the description of the property alienated, the name and address of the
transferee.

b. In addition to the notice of transfer, the previous property owner shall likewise surrender to the
City Assessor the tax declaration covering the subject property in order that the same may be
cancelled from the assessment records of the City Assessor. If, however, said previous owner
still owns property other than the property alienated, he shall, within the prescribed sixty day
period, file with the City Assessor, an amended sworn declaration of the true value of the
property or properties he retains in accordance with the provisions of Section 275 and Section
276 of this Code.
v. Assessment of Real Property Tax

SECTION 286. Preparation of Schedule of Fair Market Values. Before any general revision of
property assessment is made pursuant to the provisions of this Article, there shall be prepared a
schedule of fair market values by the City Assessor for the different classes of real property situated
in the City of Masbate for enactment into a separate Ordinance by the Sangguniang Panlungsod.
The approved Schedule of Fair Market Values shall be published in a newspaper of general
circulation in the City or posted in two conspicuous public places therein. In the preparation of
schedule of fair market values, the City Assessor shall be guided by the rules and regulations issued
by the Department of Finance.
SECTION 287.The City Board of Assessment Appeals.
a. The Masbate City Board of Assessment Appeals shall be composed of the Register of Deeds, as
Chairman, the City Prosecutor and the City Engineer as members, who shall serve as such in an
ex-officio capacity without any additional compensation. The Chairman of the Board shall have
the power to designate any employee of the City to serve as secretary to the Board also, without
additional compensation.
b. The Chairman and members of the City Board of Assessment Appeals shall assume their
respective positions without need of further appointment or special designation immediately upon
effectivity of this Code. They shall take an oath or affirmation of office in the manner set forth
78
 pursuant to Article 318, par. (g), of the Rules and Regulations Implementing the Local
Government Code of 1991, as provided.
c. In the absence of the Register of Deeds, the City Prosecutor or City Engineer, the person
performing their duties whether in an acting capacity or a duly designated Officer-In-Charge,
shall automatically become the Chairman or member, respectively.

SECTION 288. Meetings and Expenses of the City Board of Assessment Appeals.
a. The City Board of Assessment Appeals shall meet once a month and as often as may be
necessary for the prompt disposition of appealed cases. No member of the board shall be
entitled to per diems or traveling expenses for his attendance in board meetings, except when
conducting an ocular inspection in connection with a case under appeal.
b. All expenses of the Board shall be charged against the General Fund of the City. The
Sangguniang Panlungsod shall appropriate the necessary funds to enable the Board to operate
effectively.

SECTION 289. Filing of Assessment Appeals. Any owner or person having legal interest in the
property who is not satisfied with the action of the City Assessor in the assessment of his property
may, within Sixty days from the date of the receipt of the written notice of assessment, appeal to the
City Board of Assessment Appeals by filing a petition under oath in the form prescribed for the
purpose together with copies of the tax declaration and such affidavits or documents submitted in
support of the appeal.
a. In the exercise of its appellate jurisdiction, the Board shall have the power to summon witnesses,
administer oaths, and conduct ocular inspection, take depositions and issue subpoena and
subpoena duces tecum. The proceedings of the Board shall be conducted solely for the purpose
of asserting the facts without necessarily adhering to technical rules applicable in judicial
proceedings.
b. The Secretary of the Board shall furnish the owner of the property or the person having legal
interest therein and the City Assessor with a copy of the decision of the Board. In case the City
Assessor concurs in the revision or the assessment, it shall be his duty to notify the owner of the
property or the person having legal interest therein of such fact using the form prescribed for the
purpose. The owner of the property or the person having legal interest therein or the assessor
who is not satisfied with the decision of the Board may, within thirty days after receipt of the
decision of said Board, appeal to the Central Board of Assessment Appeals. The decision of the
Central Board of Assessment Appeals shall be final and executory.

SECTION 290. Effect of Appeal on the Payment of Real Property Tax. Appeal on assessments of
real property made under the provisions of this Code shall, in no case, suspend the collection on the
corresponding realty taxes on the property involved as assessed by the City Assessor, without
prejudice to subsequent adjustment depending upon the final outcome of the appeal.
SECTION 291. Assessor to Furnish Treasurer with Assessment Roll. The City Assessor shall
prepare and submit to the City Treasurer on or before the thirty-first day of December each year, an
assessment roll containing a list of all persons whose real properties have been newly assessed or
reassessed and the values of such properties.
SECTION 292. Authority of the City Assessor to Take Evidence. For the purpose of obtaining
information on which to base the market values of any property, the City Assessor or his deputy,
may summon the owners of the properties to be affected or persons having legal interest therein and
witnesses, administer oaths, and take deposition concerning the property, its ownership, amount,
nature, and value, subject to due process and their constitutional right to counsel.
SECTION 293. Amendment of the Schedule of Fair Market Value. The City Assessor may
recommend to the Sangguniang Panlungsod amendments to correct errors of valuation and the
schedule of fair market values. The Sangguniang Panlungsod shall act upon the recommendation
within ninety days from receipt thereof.
SECTION 294. Classes of Real Properties for Assessment Purposes. For purposes of assessment,
real properties shall be classified as residential, agricultural, commercial, industrial, mineral,
timberland or special by the City Assessor.
SECTION 295. Special Classes of Real Properties. All lands, buildings, and other improvements
thereon, actually, directly and exclusively used for hospitals, cultural, or scientific purposes and
those owned and used by local water districts, and government owned or controlled corporations
rendering essential public services in the supply and distribution of water and/or generation and
transmission of electric power shall be classified as special.

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SECTION 296. Actual Use of the Property as Basis for Assessment. Real property shall be
classified, valued and assessed on the basis of its actual use regardless where located, whoever
owns it, and whoever uses it.
SECTION 297. Assessment Levels. The assessment levels to be applied to the current and fair
market value of real property for taxation purposes shall be as follows:
(a) On Lands:
Class Assessment Levels
(1) Residential 20%
(2) Agricultural 40%
(3) Commercial 50%
(4) Industrial 50%
(5) Mineral 50%
(6) Timberland 20%

(b) On Buildings and other Structures:

(1) Residential
Fair Market Value Not Over Assessment Levels
Over
P 175,000.00 0%
175,000.00 300,000.00 10%
300,000.00 500,000.00 20%
500,000.00 750,000.00 25%
750,000.00 1,000,000.00 30%
1,000,000.00 2,000,000.00 35%
2,000,000.00 5,000,000.00 40%
5,000,000.00 10,000,000.00 50%
10,000,000.00 60%

(2) Agricultural
Fair Market Value Not Over Assessment Levels
Over
300,000.00 25%
300,000.00 500,000.00 30%
500,000.00 750,000.00 35%
750,000.00 1,000,000.00 40%
1,000,000.00 2,000,000.00 45%
2,000,000.00 50%

(3) Commercial/ Industrial

Fair Market Value Not Over Assessment Levels

Over
300,000.00 30%
300,000.00 500,000.00 35%
500,000.00 750,000.00 40%
750,000.00 1,000,000.00 50%
1,000,000.00 2,000,000.00 60%
2,000,000.00 5,000,000.00 70%
5,000,000.00 10,000,000.00 75%
10,000,000.00 80%

(4) Timberland
Fair Market Value Not Over Assessment Levels
Over
300,000.00 45%
300,000.00 500,000.00 50%
500,000.00 750,000.00 55%
750,000.00 1,000,000.00 60%
1,000,000.00 2,000,000.00 65%
2,000,000.00 70%

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 (c) On Machineries
Class Assessment Levels
(1) Agricultural 40%
(2) Residential 50%
(3) Commercial 80%
(4) Industrial 80%

SECTION 298. On Special Classes. The assessment levels for all lands, buildings machineries and
other improvements:
Actual Use Assessment Levels
(1) Cultural 15%
(2) Scientific 15%
(3) Hospital 15%
(4) Local Water Districts 10%
(5) Government –owned or controlled corporations
engaged in the supply and distribution of water or
generation and transmission of electric power 10%

SECTION 299. General Revision of Assessment and Property Classification. The City Assessor
shall undertake a general revision of real property assessment within two years after the effectivity of
the Local Government Code (January 1, 1992) and every three years thereafter.
a. For this purpose, the City Assessor shall prepare the schedule of fair market values for the
different kinds and classes of real property located within his territorial jurisdiction within one year
from the effectivity of the Local Government Code in accordance with the rules and regulations
issued by the Department of Finance.
b. The general revision of assessment and property classification shall commence upon the
enactment of an ordinance by the Sangguniang Panlungsod adopting the schedule of fair market
values but not later than December 31, 1993. Thereafter, the City Assessor shall undertake the
general revision of real property assessment and property classification once every three years.

SECTION 300. Valuation of Real Property. Valuation shall be undertaken in cases where
a. Real property is declared and listed for taxation purposes for the first time;
b. There is an ongoing general revision of property classification and assessment;
c. A request is made by the person in whose name the property is declared, the City Assessor or
his duly authorized deputy shall, in accordance with the provisions of this Article, make a re-
classification and re-assessment of the real property listed and described in the declaration
irrespective of any previous assessment of taxpayer’s valuation thereon; Provided, however, that
the assessment of the real property shall not be increased oftener than once every three years
except the case of new improvements substantially increasing the value of said property or of
any change in its actual use.

SECTION 301. Effectivity of Assessment or Reassessment. All assessments/reassessments made

after the first day of January of any year shall take effect on the first day of January of the
succeeding year; Provided, however, that the reassessment of the property due to its partial or total
destruction or to a major change on the actual use, or to a great or sudden inflation or deflation of
real property values, or to the gross illegality of the assessment when made or to any abnormal
cause, shall be made within ninety days from the date any such causes occurred and shall take
effect at the beginning of the quarter next following the reassessment.

SECTION 302. Assessment of Property Subject to Back Taxes. Real property declared for the first
time shall be assessed for the period during which it would have been liable but in no case for more
than ten years prior to the date of initial assessment, provided, however, that such taxes be
computed on the basis of the applicable schedule of values in force during the corresponding period.
If such taxes are paid on or before the end of the quarter following the date the notice of assessment
was received by the owner or his representative, no interest for the delinquency shall be imposed
thereon; otherwise, such taxes shall be subject to an interest at the rate of two percent per month or
a fraction thereof from the date of the receipt of the assessment until such taxes are fully paid.

SECTION 303. Notification of New or Revised Assessment. When real property is assessed for the
first time or when the existing assessment is increased or decreased, the City Assessor shall within
thirty days give written notice of the new or revised assessment to the person in whose name the

81
property is declared. The notice may be delivered personally or by registered mail or through the
assistance of the Punong Barangay to the last known address of the person to be served.

SECTION 304. Appraisal and Assessment of Machinery. The fair market value of brand new
machinery shall be the acquisition cost. In all cases, the fair market value shall be determined by
dividing the remaining economic life of the machinery by its estimated economic life and multiplied
by the replacement or reproduction cost. If the machinery is imported, the acquisition cost includes
freight, insurance, bank and other charges, brokerage, arrastre and handling, duties and taxes, plus
cost of inland transportation, handling and installation charges at the present site, the cost in foreign
currency exchange rates as fixed by the Bangko Sentral Ng Pilipinas.

SECTION 305. Depreciation Allowance for Machinery. For purposes of assessment, a depreciation
allowance shall be made for machinery at a rate of Five percent of its original cost or its replacement
or reproduction cost, as the case may be, for each year of use. Provided, however, that the
remaining value for all kinds of machinery shall be fixed at Twenty percent of such original,
replacement or reproduction cost for so long as the machinery is useful and in operation.

vi. Imposition of Real Property Tax

SECTION 306. Rates of Levy. There is hereby imposed an annual ad valorem tax on the assessed
value of real property, such as lands, buildings, machineries and other improvements affixed to real
property located in this City at the rate of One percent.
vii. Special Levies on Real Property
SECTION 307. Additional Levy on Real Property for the Special Education. There is hereby imposed
an annual tax of One Percent on the assessed value of the residential and non- residential property
in addition to the basic real property tax. The proceeds thereof shall exclusively accrue to the
Special Education Fund.
SECTION 308. Tax on Idle Lands. Beginning 2008, there is hereby imposed an annual tax on idle
lands at the rate of Three percent of the assessed value of all properties located along existing
national roads.
A. Idle lands are those lands, with more than One thousand square meters in area, One half of
which remain unutilized or unimproved by the owner of the property or persons having legal
interest therein;
B. Regardless of land area, the idle land tax shall likewise apply to residential lots in subdivisions
(located along existing national roads) within the jurisdiction of the City duly approved by proper
authorities, the ownership of which has been transferred to individual owners, who shall be liable
for the additional tax; Provided, however, that individual lots of subdivisions, the ownership of
which has not been transferred to the buyer shall be considered as part of the subdivision, and
shall be subject to the additional tax payable by the subdivision owner or operator;
C. Exception from Idle Land Tax – The idle land tax shall not apply to land owners who are unable
to improve or utilize their lands due to any of the following causes:
(a) Financial loses of the owner due to force majeure such as fire, flood, typhoon,
earthquake, and other similar cause of nature declared by the owner in a sworn statement to
be submitted to the City Assessor stating the ground or grounds therefore. If the idle land is
not improved within four years from the date of occurrence of the loss, the tax provided under
this section shall be imposed;
(b) Existence of civil disturbance or any cause or circumstance which physically or legally
prevents the owner of the property or the person having legal interest therein from improving
or utilizing the same, such as court litigations involving the land subject to tax, presence of
squatters as certified by any office of the City Government of Masbate authorized to issue
said certification unless said land is not improved within Two years after the final adjudication
of the case or the eviction of the squatter;
(c) Acquired subdivision lots which remain idle due to the failure of the subdivision
developers or owners to develop the said subdivision in accordance with approved
subdivision plan as determined by the City Assessor in which case the subdivision developer
or owner shall pay the additional land tax. If within one year from the time the subdivision is
developed, the said lot still remains unutilized or unimproved, the tax provided under this
section shall be imposed upon the lot buyer.

viii. Accrual of Tax

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SECTION 309. Date of Accrual of Tax. The real property tax and the additional levy on real property
for any year shall accrue on the first day of January, and from the said date the tax and all penalties
subsequently accruing thereto shall constitute a lien upon the property subject to such tax. Said lien
shall be superior to all other liens, mortgages, or encumbrances of any kind whatsoever; shall be
enforceable against the property whether in the possession of the delinquent or any subsequent
owner or possessor; and shall be extinguished only upon payment of the delinquent taxes and
penalties.
SECTION 310. Collection of Tax. It shall be the duty of the City Treasurer to collect the real property
tax with the interest thereon if not paid on time and to enforce the collection thereof using the
remedies provided for under Section 317 of this Code.
SECTION 311. Notice of Time for Collection. It shall be the responsibility of the City Treasurer to
post the notice of the dates when the tax may be paid without interest on conspicuous and publicly
accessible place at the City Hall. Said notice shall likewise be published in a newspaper or tabloid of
general circulation in the city once a week for two consecutive weeks.
SECTION 312. Date of Payment. The real property tax herein levied together with the Special
Education Fund tax shall be due and payable on the first day of January. However, at the discretion
of the taxpayer, the same may be paid without penalty in four equal installments. The first installment
shall be due and payable on the thirty-first day of March; the second, on or before the thirtieth day of
June; the third installment on or before the thirtieth day of September; and the final installment, shall
be on or before the thirty-first day of December. Both the basic and the Special Education Fund levy
shall be collected together and in case only a portion of the taxes is paid, such shall be applied to
both. Payments of the taxes shall first be applied to prior year’s delinquencies, interest and
penalties, if any, and only after the said delinquencies are settled may the tax payment be credited
for the current period.
SECTION 313. Tax Discounts for Advance and Prompt Payments. If the basic real property tax and
the Special Education Fund are paid in advance in accordance with the prescribed schedule of
payments under the preceding section, the taxpayer shall be granted tax discount on the following:
(1) Advance Payments – A discount of twenty percent if the taxes are paid prior to the start of the
quarter. The quarterly periods for purposes of installment payment of the tax are as follows:
1st quarter - January 1 to March 31
2nd quarter - April 1 to June 30
3rd quarter - July 1 to September 30
4th quarter - October 1 to December 31

(2) Prompt Payments – A discount of ten percent shall be granted if the tax is paid at anytime during
the installment period.

SECTION 314. Repayment of Excessive Collections. When an assessment of the basic real
property tax, or any other tax levied under this Code is found to be illegal, erroneous or excessive,
and the tax is accordingly reduced or adjusted, the taxpayer may file a written claim for refund or
credit for taxes and penalties and/or interest with the City Treasurer within two years from the date
the taxpayer is entitled to such reduction or adjustment.
SECTION 315. Notice of Delinquency in the Payment of the Real Property Tax and Other Taxes
Imposed. When the real property tax and any tax imposed under this Code becomes delinquent, the
City Treasurer shall immediately cause a notice of delinquency to be posted at the main entrance of
the City Hall and in publicly accessible and conspicuous places in each barangay of the city where
the property is located. The notice of delinquency shall also be published once a week for two
consecutive weeks in a newspaper or tabloid of general circulation in the province.The notice of
delinquency shall specify the date upon which the tax becomes delinquent and shall state that the
personal property may be distraint to effect payment. It shall likewise state that anytime before the
distraint of real property, payment of the tax including the surcharges, interest and penalties may be
paid in accordance with the next following section, and unless the taxes and its penalties, interest
and surcharges are paid before the expiration of the year for which the tax is due, except, when the
notice of assessment or special levy is contested administratively or judicially, the delinquent real
property will be sold at public auction, and the title of the property will be vested on the purchaser,
subject, however, to the right of the delinquent owner of the property or any person having legal right
or interest thereon to redeem the same within one year from the date of the sale.
SECTION 316. Interest on Unpaid Real Property Tax. In case of failure to pay the basic real
property tax or any other tax levied in this Code upon the expiration of the period provided for hereof,
or when due, as the case may be, the taxpayer shall be subjected to payment of interest at the rate
of two percent per month of the unpaid amount or a fraction thereof, until the delinquent tax shall

83
have been fully paid, Provided, however, that in no case shall the total interest on the unpaid tax or a
portion thereof shall exceed thirty-six months.

ix. Remedies

SECTION 317. Remedies for the Collection of Real Property Tax and other Taxes. The collection
of delinquent real property tax or any taxes levied under this Code shall be enforced through any of
the remedies and procedural guidelines provided hereunder:
(1) By Administrative remedies which are summary in nature through:
(a) Distraint of Personal Property (Sale of property at public auction); and
(b). Levy on Real Property

(2) By Judicial remedy which can be availed of in court of appropriate jurisdiction.

These remedies are deemed cumulative, simultaneous and unconditional that is, any or all of
the remedies or combination thereof may be resorted to and the use or non-use of one remedy
shall not bar against the institution of the other. Formal demand for the payments of the
delinquent taxes and penalties due is not a pre-requisite to such remedies. The Notice of
Delinquency required in Article 346 of the Rules and Regulations Implementing the Local
Government Code of 1991 shall be sufficient for the purpose.

SECTION 318. Distraint of Personal Property. The remedy by distraint shall proceed as follows:
A. Seizure – Upon failure of the person owing any local tax, fee, or charge to pay same at the time
required, the City Treasurer or his deputy may, upon written notice, seize or confiscate any
personal property belonging to that person or any personal property subject to the lien in
sufficient quantity to satisfy the tax, fee or charge in question, together with any increment
thereto incident to delinquency and the expenses of seizure. In such case, the City Treasurer or
his deputy shall issue a duly authenticated certificate based upon the records of his office
showing the fact of delinquency and the amount of the tax, fee, or charge and the penalty due.
Such certificate shall serve as sufficient warrant for the distraint of personal property
aforementioned, subject to the taxpayer’s right to claim exemption under the provisions of
applicable laws. Destrained personal property shall be sold at public auction in the manner
provided in this Code.
B. Accounting of distrained goods – The officer executing the distraint shall make or cause to be
made an account of the goods, chattels, or effects distrained, a copy of which signed by himself
shall be left either with the owner or person from whose possession of the goods, chattels, or
effects are taken, or at the dwelling or place of business of that person and with someone of
suitable age and discretion to which list shall be added a statement of the sum demanded and a
note of the time and place of sale.
C. Publication – The officer shall post a notification to be exhibited in not less than three public and
conspicuous places in this city where the distraint is made, specifying the time and place of sale,
and the articles distrained. The time of sale shall not be less than twenty days after notice to the
owner or the possessor of the property as above specified and the publication or posting of the
notice. One place for the posting of notice shall be at the Office of the City Mayor in which the
property is detrained.
D. Release of the property upon payment prior to sale – If at any time prior to the consummation of
the sale, all the proper charges are paid to the officer conducting the sale, the goods or effects
distained shall be restored to the owner.
E. Procedure of Sale – At the time and place fixed in the notice, the officer conducting the sale shall
sell the goods or effects so distrained at public auction to the highest bidder for cash. Within five
days after the sale, the City Treasurer shall make a report of the proceedings in writing to the
City Mayor.
(a) Should the property distrained be not disposed of within one hundred and twenty days
from the date of the distrained, the same shall be considered as sold to the City of Masbate
for the amount of the assessment made thereon by the committee on appraisal and to the
extent of the same amount, the tax delinquencies shall be cancelled.
(b) The Committee on Appraisal shall be composed of the City Treasurer as chairman, with
the City Assessor and chairman of the Committee on Urban Assets, Land Use, Housing and
Planning of the Sangguniang Panlungsod and City Legal Officer as members with the
representative of the Commission On Audit.
F. Disposition of proceeds – The proceeds of the sale shall be applied to satisfy the tax, including
the surcharges, interests, and the other penalties incident to the delinquency, and the expenses
of the distraint and sale. The balance over and above what is required to pay the entire claim
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 shall be returned to the owner of the property sold. The expenses chargeable upon the seizure
and sale shall embrace only the actual expenses of seizure and preservation of the property
pending the sale, and no charge shall be imposed for the services of the local officer or his
deputy. Where the proceeds of the sale are insufficient to satisfy the claim, other property may, in
like manner, be distrained until the full amount due, including all expenses is collected.

SECTION 319. Levy on Real Property Procedures.

a. After the expiration of the time required to pay the delinquent tax, fee or charge, real property
may be levied on, before, simultaneously, or after the distraint of personal property belonging to
the delinquent taxpayer. The City Treasurer shall prepare a duly authenticated certificate
showing the name of the delinquent taxpayer and the amount of the tax, fee, or charge, and
penalty due from him. Such certificate shall operate with the force of legal execution throughout
the Philippines. Levy shall be effected by writing upon said certificate the description of the
property upon which the levy is made. At the same time, written notice of the levy shall be mailed
to or served upon the City Assessor and the Register of Deeds of the city where the property is
located who shall annotate on the tax declaration and certificate of title of the property,
respectively, and the delinquent taxpayer or, if he be absent from the Philippines, to his agent or
the manager of the business in respect to which the liability arose, or if there be none, to the
occupant of the property in question.
b. In case the levy on real property is not issued before or simultaneously with the warrant of
distraint on personal property, and the personal property of the taxpayer is not sufficient to satisfy
his delinquency, the City Treasurer, shall within thirty days after execution of the distraint,
proceed with the levy on the taxpayer’s real property.
c. A report on any levy shall, within ten days after receipt of the warrant, be submitted by the
levying officer to the Sanguniang Panlungsod.

SECTION 320. Advertisement and Sale. Within thirty days after service of warrant of levy, the City
Treasurer shall advertise for sale or auction the property or a usable portion thereof as may be
necessary to satisfy the tax delinquency and expenses of sales. The advertisement shall be effected
by posting a notice at the main entrance of the City Hall building and in publicly accessible and
conspicuous place in the barangay where the real property is located and by publication once a
week for two weeks in a newspaper of general circulation in the City of Masbate.
The following procedures shall govern in instituting a levy:
a. Whenever the taxpayer fails to pay the basic real property tax or of any other tax levied under
this Chapter after the expiration for payment, the real property subject to tax may be levied
through the issuance of a warrant of levy on or before or simultaneously with the institution of the
civil action before the proper court for the collection of the delinquent tax. When issuing a warrant
of levy, the City Treasurer shall prepare a duly authenticated certificate showing the name of the
delinquent owner of the property or person having legal interest therein, the description of the
property, the amount of the tax due, and the interest thereon. The warrant shall be mailed to or
served upon the delinquent owner of the delinquent property or person having legal interest
therein, or in case he is out of the country or cannot be located, to the administrator or occupant
of the property.
b. Copy of the warrant shall be furnished to the City Assessor and the Register of Deeds who shall
annotate the levy on the Tax Declaration and on the Certificate of Title of the property,
respectively.
c. A report on the levy shall be submitted to the City Mayor and the Sangguniang Panlungsod
within Ten days after receipt of the warrant by the owner of the property or person having legal
interest thereon.
d. Within days after service of warrant of levy, the City Treasurer shall advertise for sale or auction
the property or usable portion thereof as may be necessary to satisfy the tax delinquency and
expenses of sale. The advertisement shall specify the amount of the delinquent tax, the interest
due thereon and the expenses of sale, the day and place of sale, the name of the owner of the
real property or the person having legal interest therein, and a description of the property to be
sold. At any time before the day fixed for sale, the owner of the real property or the person
having legal interest therein, may stay the proceedings by paying the delinquent tax, the interest
thereon, and the expenses of the sale. The sale shall be held either at the entrance of the City
Hall Building, or on the property to be sold, or at any other place specified in the notice of sale.
The City Treasurer may, by Ordinance duly approved, advance an amount sufficient to defray
the cost of collection through the remedies provided in this chapter, including the expenses of
advertisement and sale.
e. Within thirty days after the sale, the City Treasurer shall make a report to the City Mayor and
Sangguniang Panlungsod, which shall form part of his records. The City Treasurer shall likewise
85
 prepare and deliver to the purchaser a certificate of sale, which shall contain the name of the
purchaser, description of the property sold, the amount of delinquent tax and interest thereon,
the expenses of the sale, and brief description of the proceedings.
f. Any excess over and above what is required to pay the entire obligation shall be submitted to the
owner of the property or person having legal interest thereon.

SECTION 321. Redemption of Property Sold. Within one year from the date of the annotation of the
sale of the property at the proper registry, the owner of the delinquent property or person having
legal interest therein, or his representative, shall have the right to redeem the property by paying to
the City Treasurer the amount of the delinquent tax, including interest due thereon, and the
expenses of sale plus interest of two percent per month on the purchase price from the date of the
sale to the date of redemption. Such payment shall invalidate the certificate of sale issued to the
purchaser and the owner of the delinquent property or person having legal interest therein shall be
entitled to a certificate of redemption, which shall be issued by the City Treasurer from the date of
sale until the expiration of the period of redemption. The delinquent real property shall remain in the
possession of the owner or person having legal interest therein who shall be entitled to the income
and other fruits thereof. The City Treasurer, upon receipt from the purchaser of the certificate of sale
shall forthwith return to the latter the entire amount paid by him plus interest of Two percent per
month. Thereafter, the property shall be free from the lien of such delinquent tax, interest due
thereon and expenses of sale.
SECTION 322. Final Deed to Purchaser. In case the owner or the person having legal interest
therein fails to redeem the delinquent real property as provided herein, the City Treasurer shall
execute a deed conveying to the purchaser said property, free from lien of delinquent tax, interest
thereon and expenses of sale. The deed shall briefly state the proceedings upon which the validity of
the sales rests.
SECTION 323. Purchase of Property by the City Government for Want of Bidder.

PROCEDURES
a. In case there is no bidder of the real property advertised for sale as herein provided, or if the
highest bid is for an amount insufficient to pay the real property tax and the related interest and
cost of sale, the City Treasurer conducting the sale shall purchase the property in behalf of the
City Government to satisfy the claim and within Two days thereafter, shall make a report of his
proceeding which shall be reflected upon the records of his office. It shall be the duty of the
Register of Deeds upon registration with his office of any such declaration of forfeiture to transfer
the title of the forfeited property to the City without the necessity of an order from a competent
court.
b. Within One year from the date of such forfeiture, the taxpayer or any of his representatives may
redeem the property by paying to the City Treasurer the full amount of the real property tax and
the related interest and the cost of sale. If the property is not redeemed as provided herein, the
ownership thereof shall be fully vested to the City.
c. The shares of the Barangays and the equivalent amount of additional taxes and interest due the
City School Board shall be reimbursed by the City Government within one month after the
subject delinquent real property is forfeited in favor of the City Government.
d. The City Government through an Ordinance may sell and dispose of the real property acquired
under this section at public auction.

SECTION 324. Resale of Property Taken for Taxes, Fees, or Charges. The Sangguniang
Panlungsod may through a separate ordinance and upon notice of not less than twenty days, sell
and dispose of real property acquired under the preceding sub- sections at public auction. The
proceeds of the sale shall accrue to the General Fund of the City.
SECTION 325. Further Distraint or Levy. The levy may be repeated if necessary until the full
amount due including all expenses thereon are collected.
SECTION 326. Personal Property Exempt from Distraint or Levy. Personal property shall be exempt
from distraint and levy, attachment or execution thereof for delinquency in the payment of any local
tax, fee or charge, including the related surcharge and interest.
The following properties shall be exempt from distraint of levy:
(1) Tools and the implements necessarily used by the delinquent taxpayer in his trade of
employment;
(2) One horse, cow, carabao, or other beast of burden, such as the delinquent taxpayer may select,
and necessarily used by him in his ordinary occupation;
86
(3) His necessary clothing and that of his family;
(4) Household furniture and utensils necessary for housekeeping and used for that purpose by the
delinquent taxpayer such as he may select, of a value not exceeding Ten Thousand pesos
(5) Provisions, including crops, actually provided for individual or family use sufficient for four
months;
(6) The professional libraries of doctors, engineers, lawyers and judges;
(7) One fishing boat and net, not exceeding the total value of Ten Thousand pesos by the lawful use
of which a fisherman earns his livelihood;
(8) Any material or article forming part of a house or improvement of any real property.

SECTION 327. Collection Through Judicial Action. The City Government may likewise enforce the
collection of real property taxes by civil action in any court of competent jurisdiction as follows:
a. The City Treasurer shall furnish the City Legal Officer a certified statement of delinquency and
within Fifteen days after receipt, shall file the civil action in the name of the City in the proper
court of competent jurisdiction;
b. The jurisdiction of the court is determined by the amount sought to be recovered exclusive of
interest and costs. Thus, where the delinquent tax does not exceed Ten Thousand pesos, the
competent court is the Municipal Trial Court in Cities, City of Masbate, and where the amount of
delinquent tax is in excess of Ten Thousand Pesos, the proper court is the Regional Trial Court;
c. Where cognizable in an inferior court, the action must be filed in this City where the delinquent
property is located. Where the Regional Trial Court has jurisdiction, the plaintiff City shall file the
complaint in the sala of the proper Regional Trial Court; and
d. In both cases, that is, where the claims are either cognizable by an inferior court or by the
Regional Trial Court, the City Treasurer shall furnish the Legal Officer the exact address of the
defendant where he may be served a summon.

SECTION 328. Action Assailing Validity of Tax Sale. No court shall entertain action assailing the
validity of any sale at public auction of real property or rights therein under this Article until the
taxpayer shall have deposited with the court the amount for the real property sold, together with
interest of Two percent every month from the date of the sale to the time of the execution of the
action. The amount so deposited shall be paid to the purchaser at the auction sale if the deed is
declared invalid, but it shall be refunded to the depositor if the action fails. Neither shall any court
declare a sale at public auction invalid by reason of irregularities or informalities in the proceedings
unless the substantive right of the delinquent owner of real property or the person having legal
interest therein have been impaired.
SECTION 329. Payment of Taxes of Property Subject to Controversy. In any action involving the
ownership or possession of, or succession to real property, the court may, muto propio, or upon the
presentation of the City Treasurer or his deputy, award such ownership or possession to any party in
action upon payment to the court of the taxes with interest due on the property and other cost that
may have accrued subject to the final outcome of the action.
SECTION 330. Certification of Remaining Uncollected Delinquencies. The City Treasurer or his
deputy shall prepare a certified list of all real property tax delinquencies which remain uncollected or
unpaid for at least one year in his jurisdiction and a statement of the reason(s) for such non-
collection or non-payment and shall submit the same to the Sanggunian on or before the thirty first
day of December of the year immediately succeeding the year in which the delinquencies were
incurred with a request for assistance in the enforcement of the remedies for the collection provided
therein.
x. Application of Proceeds

SECTION 331. Distribution of Proceeds. The proceeds of the basic tax including the interest thereon
and the proceeds from the use, lease, or disposition, sale, or redemption of property acquired at
public auction and the fifty percent of the tax paid under protest collected by the City Treasurer in
accordance with the provisions of this Code shall be distributed as follows:
A. City Share-Seventy percent to the general fund of the City;
B. Barangay Share-Thirty percent of such fund shall be distributed to the component barangays of
the City in the following:
(a) 50% shall accrue to the barangay where the property is located;
(b) 50% shall accrue equally to all component barangays of the City.
(c) The share of the barangay shall be released by the City Treasurer directly to the
Barangay Treasurer on a quarterly basis within Five days after the end of each quarter,
without need of any further action, nor shall not be subject to any lien or holdback for

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 whatever purpose subject to such rules as may be prescribed by the Commission on
Audit.

SECTION 332. Application of the Proceeds of the Additional One Percent Special Education Fund
Tax. The proceeds from the additional one percent Special Education Fund tax shall be
automatically released to the Local School Board. The proceeds shall be allocated for the operation
and maintenance of public schools; construction and repair of school buildings, facilities &
equipments; educational research; purchase of books and periodicals; sports development as
determined and approved by the Board subject to review and final approval by the City Mayor.
SECTION 333. Proceeds of the Special Levy. The proceeds of the special levy of lands benefited by
public works, projects and other improvements when financed by this City, shall accrue to its general
fund. Accordingly, all income derived from the levy shall be treated in the income account as
revenue from taxation. Any excess of payment by any individual, association, partnership, or
corporation shall be applied by the City Treasurer to the tax liens or arrears or payments of
concerned persons in the previous succeeding quarters or years, whichever is applicable.
SECTION 334. Payment Under Protest. The following shall constitute the guidelines for payment
under protest:
a. No protest shall be entertained unless the taxpayer first pays the tax; there shall be annotated on
the tax receipts the words “paid under protest”. The protest must be in writing and must be filed
within thirty days from the date of payment of the tax to the City Treasurer who shall decide the
protest within sixty days from receipt;
b. Fifty percent of the tax paid under protest shall be held in trust by the City Treasurer. The other
Fifty percent shall form part of the proceeds to be distributed in accordance with the provision of
Section 65 of this Code;
c. In the event that the protest is finally decided in favor of the taxpayer, The amount or portion of
the tax shall be refunded to the protestant, or applied as tax credit against his existing or future
tax liabilities;
d. (4) In the event that the protest is denied or upon the lapse of Sixty day period as prescribed in
Section 334 (a) hereof, the taxpayer may appeal his case to the Local Board of Assessment
Appeals by filing thereto a petition under oath in a form prescribed for the purpose, together
with the documents provided under Section 289 of this Code. The decision of the Board shall be
final and executory.

SECTION 335. Special Provisions . The following shall be observed:

a. Condonation or Reduction of Real Property Tax and Interest –In case of general failure of crops
or substantial decrease in the price of agricultural or agro- based products, or calamity, the
Sangguniang Panlungsod may pass an ordinance prior to the First day of January on any year
and upon recommendation of the Local Disaster Coordinating Council, may condone or reduce
wholly or partially, the taxes and interest thereon for the succeeding year or years in the
barangays affected by the calamity;
b. Condonation or Reduction of Tax by the President of the Philippines –The President of the
Philippines may, when public interest requires, condone or reduce the real property tax and the
interest for any year in any province, city or municipality;
c. Duty of the Register of Deeds and Notaries Public to Assist the City Assessor –It shall be the
duty of the Register of Deeds and Notary Public to furnish the City Assessor with copies of all
contracts, selling, transferring, or otherwise conveying, leasing, or mortgaging of real property
received by or acknowledged before them;
d. Insurance Companies to Furnish Information - Insurance companies are hereby required to
furnish the City Assessor copies of any contract or policy insurance on buildings, structures, and
improvements insured by them or such other documents which may be necessary for the proper
assessment thereof;
e. Fees in Court Actions – As provided for in Section 280 of the Local Government Code, all court
actions criminal or civil, instituted at the instance of the City Treasurer shall be exempt from the
payment of court and sheriff fees;
f. Fees in Registration of Papers or Documents on Sale of Delinquent Real Property to the City –
As provided in Section 281 of the Local Government Code all certificates, documents, and
papers covering the sale of delinquent real property to the City, if registered in the Registry of
Property, shall be exempt from the documentary stamp tax and registration fees;
g. Real Property Assessment Notices or Owner‘s Copies of Tax Declarations to be Exempt from
Postal Charges or Fees – As provided for in Section 282 of the Local Government Code, all real

88
 property assessment notices or owner’s copies of tax declarations sent through mails by the
assessor shall be exempt from the payment of postal charges or fees;
h. Sale and Forfeiture Before the Effectivity of this Code –Tax delinquencies incurred and sales and
forfeitures of delinquent real property affected before the effectivity of this Code shall be
observed by the provision of applicable ordinance or laws then in force;
i. Penalties for Delaying Assessment of Real Property and Assessment Appeals- Any government
official who deliberately fails, or delays the assessment or who intentionally omits from the
assessment roll any real property which he knows to be taxable, or who willfully or negligently
under assess any real property, or who intentionally violates or fails to perform any duty imposed
upon him by law relating to the assessment of taxable property shall, upon conviction be
punished by an imprisonment of not less than One month nor more than Six months, or by a fine
of not less than One Thousand Pesos nor more than Five Thousand Pesos or both fine and
imprisonment at the discretion of the court.

xi. Tax on Transfer of Real Property Ownership

SECTION 336. Imposition of Tax. There is hereby levied a tax on the sale, donation, barter or on
any other mode of transferring ownership or title of real property at the rate of Fifty percent of One
percent of the total consideration involved in the acquisition of the property or of the fair market value
in case the monetary consideration involved in the transfer is not substantial, whichever is higher.
The transfer of real properties by religious or charitable institutions shall be subject to this tax
because said tax is not a tax on real properties to which they are exempt, but on the transfer thereof.
Properties acquired by rural banks and private lending institutions by foreclosure shall likewise be
subject to the tax herein prescribed.
SECTION 337. Exemptions. The sale, transfer or other disposition of real property pursuant to
Republic Act 6657, otherwise known as the “Comprehensive Agrarian Reform Law” shall be exempt
from this tax.
SECTION 338. Duty to Pay and Time of Payment. It shall be the duty of the seller, donor, transferor,
executor or administrator to pay to the City Treasurer the tax as herein imposed within sixty days
from the date of the execution of the deed.
SECTION 339. Surcharge for Late Payment. Failure to pay the tax imposed in this Article on time
shall subject the taxpayer to a surcharge of Twenty five percent of the original amount of the tax due,
such surcharge to be paid at the same time and in the same manner as the tax due.
SECTION 340. Interest on the Unpaid Tax. In addition to the surcharge for late payment, there shall
be imposed upon the unpaid amount an interest of One percent per month from the due date until
the tax is fully paid but in no case shall the total interest on the unpaid amount or portion thereof
exceed thirty-six months.

SECTION 341. Administrative Provisions.

a. The Register of Deeds shall, before registering any deed, require the presentation of the
evidence of payment of this tax;
b. The City Assessor shall, likewise make the same requirement before canceling an old tax
declaration and issuing a new one in place thereof;
c. Notaries Public shall furnish the City Treasurer with a copy of any deed transferring ownership or
title to any real property within Thirty days from the date of notarization.

xii. Tax on Business of Printing and Publications

SECTION 342. Imposition of Tax. There is hereby levied a tax at the rate of Sixty percent of One
percent of the gross annual income receipts for the preceding calendar year on the business of
persons engaged in the printing and/or publication of books, cards, posters, leaflets, handbills,
certificates, receipts, pamphlets, and other printed materials of similar nature.
SECTION 343. Tax on Newly -Started Business. In case of a newly-started business, the tax shall
be One-twentieth of One per cent of the capital investment. In the succeeding calendar years,
regardless of when the business started to operate, the tax shall be based on the gross receipts for
the preceding calendar year, or any fraction thereof as provided herein.
SECTION 344. Exemption. The receipt from the printing and/or publishing of books or other reading
materials prescribed by the Department of Education as school texts or references shall be exempt
from the tax herein imposed.
SECTION 345. Time of Payment. The tax shall be paid to the City Treasurer within the first twenty
days of January or in quarterly installments within the first twenty days of January, April, July and
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October of each year. The Sangguniang Panlungsod may, for justifiable reason or cause, extend the
time for payment of such taxes without interest or surcharge, but only for a period of not exceeding
Six months.
SECTION 346. Surcharge for Late Payment. Failure to pay the tax imposed in this Article on time
shall subject the taxpayer to a surcharge of twenty five percent of the original amount of tax due,
such surcharge to be paid at the same time and in the same manner as the tax due.
SECTION 347. Interest on the Unpaid Taxes. In addition to the surcharge for late payment, there
shall be imposed upon the unpaid amount including surcharges an interests of two percent per
month from the due date until the tax is fully paid but in no case shall the total interest on the unpaid
amount or portion thereof exceed thirty six months.
xiii. Franchise Tax

SECTION 348. Definition.

Franchise is a right or privilege, affected with public interest which is conferred upon private persons
or corporations under such terms and conditions as the government and its political subdivisions
may impose in the interest of public welfare, security and safety.
SECTION 349. Imposition of Tax. Notwithstanding any exemption granted by any law or other
special laws, there is hereby levied a tax at Sixty percent of One percent on businesses enjoying a
franchise based on the gross annual receipts which shall include both cash and sales on account
realized during the preceding calendar year within the territorial jurisdiction of the City of Masbate.
(1) In case of a newly- started business, the tax should be Twenty-five percent of One percent of the
capital investment. In the succeeding calendar years, regardless of when the business started to
operate, the tax shall be based on the gross receipts for the following year, or any fraction thereof.
(2) The capital investment to be used as basis of the tax of a newly started business as herein
provided shall be determined in the following manner;
(a) If the principal office of the business is located in this City, the paid-up capital stated in the
articles of incorporation in case of corporations, or in any similar document in case of other
type of business organizations, shall be considered as the capital investment;
(b) In case of a branch or sales office, located in this City which commences business
operations during the same year as the principal office but which is located in another
locality, the paid up capital referred in (a) means the amount of the capital investment for the
said branch or sales office;
(c) Where the newly started business is a branch or sales office commencing business
operations at a year later than that of the principal office, the capital investment shall mean
the total funds invested in the branch or sales office.

SECTION 350. Coverage.

a. All business enjoying a franchise either granted by the Congress of the Philippines, National
Franchising Offices, or the Sangguniang Panlungsod, when operating within the territorial
jurisdiction of Masbate City, shall be subject to the levy and other City regulatory requirements
b. All government-owned or controlled corporations engaged in public utility, public service, duly
registered cooperatives, and regulated amusements operating in the City of Masbate;
c. Any activity which the City government is authorized to provide, establish, maintain, operate or
grant establishments in operation thereof through franchise to private persons such as but not
limited to communication and transportation facilities, pay parking spaces, public transportation
terminals, stalled vehicles, towing and impounding services, toll roads, public corral, city pound,
slaughter houses, livestock markets, public markets, talipapa, electric supply generation and
distribution, public cemeteries, sewerage systems, waste collection and disposal and other
similar public utility.

SECTION 351. Situs of the Tax.

a. All income realized from the operation in Masbate City by any person granted a franchise shall
be taxable by this City at the rate provided herein regardless of where it is recorded.
b. Those with plants and factories in Masbate City, but whose goods and services are sold and
recorded outside the City of Masbate shall allocate a seventy percent of the total receipt as
taxable by this City.

SECTION 352. Administrative Provisions. Any franchise holder who intends to operate business in
Masbate City shall file an application with the office of the City Mayor and shall submit to the
Secretary of the Sangguniang Panlungsod the following documents:
(1) Copy of the franchise;
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(2) Certificate of Registration from the Securities and Exchange Commission or Certificate of
Registration from the Cooperative Development Authority;
(3) Current year plan of operation in the City;
(4) Last year’s statement of gross receipts from the operation in the City if applicable.

SECTION 353. Exclusion. The term business enjoying franchise shall not include holders of
certificates of public convenience for the operation of public utility vehicles for reason that such
certificates are not considered as franchise.
SECTION 354. Time of Payment. The tax shall be paid to the City Treasurer once within the first
twenty days of January or in quarterly installments within the first twenty days of January, April, July
and October of each year. The Sangguniang Panlungsod may, for a justifiable reason or cause,
extend the time for payment of such tax without surcharges or penalties, but only for a period not
exceeding six months.
SECTION 355. Surcharge for Late Payment. Failure to pay the tax imposed in this Article on time
shall subject the taxpayer to a surcharge of twenty five percent of the original amount of tax due,
such surcharge to be paid at the same time and in the same manner as the tax due.
SECTION 356. Interest on the Unpaid Tax. In addition to the surcharge for late payment, there is
hereby imposed upon the unpaid amount including surcharges an interest of two percent per month
from the due date until the tax is fully paid but in no case shall the total interest exceed thirty-six
months. Surcharge for late payment if applied in a quarterly basis or installment, no interest shall be
added as long as payments were made on the months of January, April, July and October. Accrued
interest shall be imposed if it exceeded in the given due time.

xiii. Amusement Tax

SECTION 357. Definitions.

1. Amusement is a pleasurable diversion and entertainment. It is synonymous to relaxation,
avocation, past time or fun.
2. Amusement Places include theaters, cinemas, concert halls, circuses, cockpits, beach resorts,
boxing stadium, videoke bars and other places of amusements where one seeks admission to
entertain oneself by seeing, participating or viewing the show or performance.

SECTION 358. Imposition of Tax. There shall be collected from the proprietors, lessees, or
operators of theaters, cinemas, concert halls, circuses, boxing stadium, cockpits, beach resorts and
other places of amusement at the rate of thirty percent of the gross receipts from admission fees.
SECTION 359. Exemptions. The holding of operas, concerts, dramas, recitals, paintings and art
exhibitions, flower shows, musical programs, literary and oratorical presentations except pop, rock,
or similar concerts, shall be exempt from the payment of the tax herein imposed, such exemption
shall be granted by the City Mayor subject to the guidelines issued by the Department of Finance.

SECTION 360. Manner of Computing the Tax. In the case of theaters, or cinemas, the tax shall first
be deducted and withheld by their proprietors, lessees or operators and shall be paid to the City
Treasurer before the gross receipts are divided between said proprietors, lessees or operators and
the distributors of the cinematographic films.

SECTION 361. Administrative Provisions.

a. Provision on Admission Tickets – The proprietor, lessee or operator of amusement place where
fees are required to be paid for admission, shall provide himself the admission tickets that shall
serve as evidence of payment of fees. The tickets shall be serially numbered and shall indicate
the name and the place of amusement, the admission fee and the amount of tax. Serial numbers
must be printed on both ends of tickets such that when divided into two upon being presented for
admission, the serial number shall appear on both parts. Registered admission tickets wherein
the amusement taxes are printed or included in the price thereof, shall not be used for show
which have been or are granted tax exemption, otherwise, the proprietor of the amusement place
or the sponsor of the show shall remit or pay the corresponding tax collected to the City
Treasurer as if no exemptions has been granted.
b. Manner of Disposing the Admission Tickets – The gatekeepers shall drop one-half of the torn
ticket in a locked box and the other half should be returned to the customer. The box shall only
be opened in the presence of the representative from the Office of the City Treasurer. Under no
circumstances shall the recycling of tickets be allowed by the owners, proprietors or lessees of
amusement places. Any ticket found to have been recycled or re-used should subject the
operator, owner or lessees of the amusement place to the penalties prescribed in this Article.

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c. Registration of Admission Tickets – The proprietors, lessees, or operators of amusement places
shall register their admission tickets to the Office of the City Treasurer before selling the same to
the public. The proprietors, lessees, or operators of the place of amusement shall keep a true
and correct record of the stock tickets, indicating the total number of registered tickets and the
serial numbers of the tickets sold from day to day. It shall be unlawful for any proprietor, lessee
or operator of an amusement to keep any unregistered tickets in his amusement place. In cases
of premiere exhibition of films, road shows benefit shows or similar shows, where admission
price is increased, separate sets of tickets shall be registered and be used therefore. Separate
sets of tickets without the amusement tax printed or included in the price shall also be registered
in the case of tax -exempted shows.
d. Authority to Inspect- The City Mayor and the City Treasurer or their duly authorized
representatives shall be allowed to inspect ticket dispenser machines to verify whether the
tickets are registered or not. They are also authorized to confiscate any unregistered and/ or
recycled tickets.
e. Other Entertainment Places – Entertainment places, which do not issue admission tickets but
require admission fees from their customers, shall be charged the same tax rates based on their
gross receipts on admission fees.

SECTION 362. Time of Payment. The proprietors, lessees, or operators of amusement places shall
submit a monthly report of the number of tickets remaining unsold during the month and pay the
corresponding amusement tax due thereon to the City Treasurer within the first twenty days of the
month following. Those who do not issue admission tickets shall submit a sworn statement of their
gross receipts and admission fees within the same prescribed period and pay the corresponding
taxes thereof. In case of itinerant operators of similar modes of amusement, the tax herein
prescribed shall be paid immediately after the last full show of the day.

SECTION 363. Surcharge for Late Payment. Failure to pay the tax imposed in this Article on time
shall subject the taxpayer to a surcharge of twenty five percent of the original amount of tax due,
such surcharge to be paid at the same time and in the same manner as the tax due.
SECTION 364. Interest for Late Payment. In addition to the surcharge for late payment, there shall
be imposed upon the unpaid amount an interest of two percent per month from the due date until the
tax is fully paid but in no case shall the total interest on the unpaid amount or portion thereof exceed
thirty-six months.
xv. Annual Fixed Tax On Delivery Trucks Or Van
Or Motor Launch/Boat And Service Vehicles

SECTION 365. Imposition of Tax. There is hereby imposed an annual fixed tax for every truck/ van
or any motorized vehicle, motor launch/boat use in the delivery or distribution of distilled spirits,
fermented liquors, soft drinks, cigars and cigarettes, purified/mineral water or any products used by
manufacturers, producers, wholesalers, dealers or retailers within the City of Masbate as follows:
(a) Truck or Van P 550.00
(b) Motor Launch/Boat 500.00
(b) Motorized Tricycle 100.00
(c) Motorcycles 50.00
* adopt the 10% increase

SECTION 366. Time and Place of Payment . The tax herein imposed shall accrue on the first day of
January and shall be paid to the City Treasurer on the first twenty days of January and every year
thereafter; Provided that the delivery truck or van, motor launch/boat which shall operate in the City
of Masbate after the twentieth day of January shall first pay the full tax before the manufacturers,
producers, dealers or retailers shall use them within the City. The Sangguniang Panlungsod may, for
justifiable reason or cause, extend the time for payment of such taxes without surcharge or
penalties, but only for a period not exceeding six months.
SECTION 367. Surcharge for Late Payment. Failure to pay the tax herein imposed on time, shall
subject the taxpayer to a surcharge of Twenty five percent of the original amount of tax due, such
surcharge to be paid at the same time and in the same manner as the tax due.
SECTION 368. Interest for Late Payment. In addition to the surcharge for late payments, there is
hereby levied upon the unpaid amount including surcharges interests of two percent per month from
the due date until the tax is fully paid but in no case shall the total interests on the unpaid amount or
portion thereof exceed thirty-six months.
SECTION 369. Administrative Provisions. Manufacturers, producers, wholesalers, dealers, or
retailers mentioned in this Article, before be allowed to engage in their business in the City of
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Masbate, shall first secure a Mayor’s Permit to be renewed annually as required and pay the tax
prescribed herein.
xvi. Professional Tax

SECTION 370. Imposition of Tax. There is hereby levied an annual professional tax on each person
engaged in the exercise or practice of his profession requiring bar and/or board examinations
conducted by the Supreme Court and/or the Professional Regulation Commission at the following
rates:
(a) Professional Tax of Three Hundred Pesos for the following;
1. Lawyers
2. Accountants
3. Chemical Engineers
4. Civil Engineers
5. Chemists
6. Dentists
7. Electrical Engineers
8. Electronic and Communications Engineers
9. Geodetic Engineers
10. Geologists
11. Metallurgical Engineers
12. Mining Engineers
13. Nurses
14. Nutritionists/Dieticians
15 Optometrists
16. Pharmacists
17. Physicians
18. Aeronautical Engineers
19. Mechanical Engineers
20. Naval Architects
21. Marine Engineers
22. Physical Therapists/Occupational Therapists
23. Sanitary Engineers
24. Veterinary Engineers
25. Architects
26. Foreign Service Officers
(b) Professional Tax of Two Hundred Pesos on the following;
1. Marine Officers
2. Marine Second Engineers
3. Teachers
4. Interior Designers/ Landscapers
5. Criminologists
6. Custom Brokers
7. Foresters
8. Librarians
9. Marine Deck Officers
10. Marine Engine Officer
11. Midwives
12. Social Workers
13. Sugar Technologists
14. Embalmers
15. All other professionals not included in classification A.

SECTION 371. Exemption. Professionals exclusively employed in the government shall be

exempted from payment of this tax.
SECTION 372. Payment of Tax. The professional tax shall be paid before any profession herein
specified can be lawfully pursued. A line of profession does not become exempt even if conducted
with some other profession or occupation for which the tax has been paid.
SECTION 373. Time of Payment. The professional tax shall be payable annually on or before the
thirty-first day of January. Any person first beginning to practice a profession after the month of
January must, however, pay the full tax before engaging therein.

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SECTION 374. Surcharge for Late Payment. Failure to pay the tax imposed in this Article on time
shall subject the taxpayer to a surcharge of twenty five percent of the original amount of tax due,
such surcharge to be paid at the same time and in the same manner as the tax due.
SECTION 375. Interest on Unpaid Taxes. In addition to the surcharge for late payment, there shall
be imposed upon the unpaid amount including surcharges and interests of two percent per month
from the due date until the tax is fully paid but in no case shall the total interests on the unpaid
amount or portion thereof exceed thirty six months.

SECTION 376. Administrative Provisions.

a. Every person who has paid the corresponding professional tax shall be entitled to practice his
profession in any part of the Philippines without being subjected to any other national or local tax,
license, or fee from the practice of such profession;
b. Any individual or corporation employing a person subject to professional tax shall require
payment by that person of the tax on his profession before employment and annually thereafter;
c. Any person subject to professional tax shall write in deeds, receipts, prescriptions, reports, book
of accounts, plans and designs, surveys and maps, as the case may be, the number of the
official receipts issued to him;
d. For the purpose of collecting the tax, the City Treasurer or his duly authorized representative
shall require from such professionals their current annual registration cards issued by competent
authority before accepting payment of their professional tax for the current year. Philippine
Regulation Commission likewise, shall require the professionals’ presentation of proof of
payment before registration of professionals or renewal of their licenses.

xvii. Tax On Sand And Gravel And Other Quarry Resources

SECTION 377. Collection of Tax. The City of Masbate shall collect the share from the proceeds of
the tax on sand and gravel imposed by the Provincial Government of Masbate based on the fair
market value per cubic meter of ordinary value per cubic meter of ordinary stones, sand, gravel and
other quarry resources, such as but not limited to marble, granite, volcanic cinders, basalt, and rock
phosphate extracted from public lands or from beds of seas, lakes, rivers, streams, creeks and other
public waters within the territorial jurisdiction of the City of Masbate.
SECTION 378. Issuance of Permit. The permit to extract sand, gravel, and other quarry resources
shall be issued exclusively by the Provincial Governor pursuant to Article 227, paragraph (b) of the
Rules and Regulations Implementing the Local Government Code of 1991.

SECTION 379. Allocation. The proceeds of the tax on sand, gravel, and other quarry resources shall
be distributed as follows:
(1) Province - Thirty;
(2) Component City where the sand, gravel and other quarry resources are exacted - Thirty percent;
(3) Barangay where the sand, and other quarry resources are extracted - Forty percent.

SECTION 380. Time and Manner of Payment. The share of the City shall be remitted to the City
Treasurer upon removal of the sand and gravel and other quarry resources and after the shares of
the province and the barangay are deducted.
SECTION 381. Surcharge for Late Payment. Failure to pay the tax herein imposed on time shall
subject the taxpayer to a surcharge of twenty five percent of the original amount of tax due, such
surcharge to be paid at the same time and in the same manner as the tax due.
SECTION 382. Interest on Unpaid Tax. In addition to the surcharge for late payment, there shall be
imposed upon the unpaid amount including surcharges an interest of two percent per month from
the due date until the tax is fully paid but in no case shall the total interest on the unpaid amount or
portion thereof exceed thirty months.
xviii. Tax on Mining Operation
SECTION 383. Definitions.
1. Minerals - refer to all natural occurring inorganic substances (found in nature) whether in solid,
liquid, gaseous or any intermediate state;
2. Mineral Products - shall mean things produced and prepared in a workable state by simple
treatment processes such as washing or drying, but without undergoing any chemical change or
process or manufacturing by the lessee, concessionaire or owner of mineral lands;
3. Quarry Resources - means any common stone other common mineral substances such as but
not restricted to marl, marble, granite, volcanic cinders, basalt, tuff and rock phosphate.

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SECTION 384. Imposition of Tax. There is hereby levied an annual tax at the rate of Three percent
based on the gross receipts for the preceding year of mining operators.
SECTION 385. Situs of the Tax. Payment of the tax shall be made to this city, which has jurisdiction
over the mining area. In case the area transcends two or more government lo units, payment shall
be made in proportion the area covered by the mining operation.
SECTION 386. Exclusion. Extraction of the following are excluded from the coverage of the tax
levied herein:
(1) Mineral products such as ordinary stones, sand, gravel, earth and other quarry resources;
(2) Indigenous petroleum such as mineral oil, hydrocarbon gas, bitumen, crude, asphalt, mineral gas
and all other similar or naturally associated substance.
SECTION 387. Time of Payment. The tax herein imposed shall be paid once within the first twenty
days of January or in quarterly installments within the first twenty days of January, April, July and
October of each year. The Sangguniang Panlungsod may, for a justifiable reason or cause, extend
the time for payment of such taxes without surcharges or penalties, but only for a period not
exceeding six months.
SECTION 388. Surcharge for Late Payments. Failure to pay the tax imposed in this Article on time
shall subject the taxpayer to a surcharge of twenty-five percent per month from the due date until the
tax is fully paid but in no case shall the total interest on the unpaid amount or a portion thereof
exceed thirty six months.
SECTION 389. Administrative Provisions.
a. The City Treasurer shall keep a registry of mining operators on which all instruments concerning
mining rights, such as acquisition, sub-lease, operating agreements, transfers, assignments,
abandonment, cancellation and others are recorded.
b. It shall be the duty of every lessee, owner or operator to make a true and complete return setting
forth the quantity and the actual market value of the minerals or mineral products or quarry
resources to be removed.

SECTION 390. Penalty. Any violation of the provisions of this article shall be punished by a fine of
One thousand pesos to Five thousand pesos or imprisonment of one month to six months or both at
the discretion of the court.

xix. Tax on Forest Concessions and Forest Products

SECTION 391. Definitions.
1. Forest Products - shall mean timber, pulp-wood/chip wood, firewood, fuel wood and minor forest
products such as bark, tree tops, resins, gum, wood, oil, honey, beeswax, nipa, rattan, or other
forest growth such as grass, shrub and flowering plants, the associated water, fish, game,
scenic, historical, recreational, and geologic resources in the forest lands.
2. Forest Lands - include the public forest, the permanent forest or the forest reserves, and forest
reservations.

SECTION 392. Imposition of Tax. There is hereby imposed a tax on the forest concessions and
forest products at a rate of two percent of the annual gross receipts of the concessionaire during the
preceding year.
SECTION 393. Time of Payment. The tax shall be paid once within the first twenty days of January
or in quarterly installments within the first twenty days of January, April, July and October of each
year. The Sanguniang Panlungsod may, for a justifiable reason or cause, extend the time for
payment of such taxes without surcharges or penalties, but only for a period of not exceeding six
months.
SECTION 394. Surcharges for Late Payment. Failure to pay the tax imposed in this Article on time
shall subject the taxpayer to a surcharge of twenty five percent of the original amount of tax due,
such surcharge to be paid at the same time and in the same manner as the tax due.
SECTION 395. Penalty. Any violation of the provisions of this Article shall be punishable by a fine of
One Thousand Pesos to Five Thousand Pesos or imprisonment of one month to six months, or both,
at the discretion of the court.
xx. Community Tax

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SECTION 396. Imposition of Tax. There is hereby levied an annual community tax on individuals
and corporations at the prescribed rates hereunder:
(1) Individuals Subject to Community Tax – Every resident of Masbate City, eighteen years of age
or over, who has been regularly employed on a wage or salary basis for at least thirty consecutive
working days during any calendar year, who engages in business or occupation, who owns real
property with an aggregate assessed valuation of One thousand pesos or more, or who is required
by law to file an income tax return shall pay an annual community tax of Five pesos and an annual
additional tax of One peso for every One thousand pesos of income regardless whether from the
business or exercise of profession and or One peso for every One Thousand pesos of income from
real property which in no case shall the additional tax exceed Five thousand pesos.
In case of husband and wife, each of them shall be subject to pay the basic tax of Five pesos but the
additional tax imposable on the husband and wife shall be One peso for every One thousand pesos
of income from the total property owned by them and / or the total gross receipts or earnings derived
by them.
(2) Juridical Persons Subject to Community Tax – Every corporation, no matter how created or
organized, whether domestic or resident foreign, engaged in or doing business in the Philippines or
with principal office in the City of Masbate shall pay an annual community tax of Five Hundred pesos
and an additional tax in accordance with the following schedule:
(a) On the assessed value of real property owned by the taxpayer, Two pesos for every Five
thousand pesos
(b) Gross receipts or earnings derived by it from its business during the preceding calendar year,
Two pesos for every Five thousand pesos;
(c) Provided, however, that the dividends received by a corporation from other corporation shall, for
the purpose of the additional tax, be considered as part of the gross receipts or earnings of said
corporation. Provided, further, that said additional tax shall not exceed Ten thousand pesos.

SECTION 397. Place of Payment.

1. The community tax shall be paid in this city where the residence of the individual is located or
where the principal office of the juridical entity is located;
2. It shall be unlawful for the City Treasurer to collect the community tax outside the territorial
jurisdiction of Masbate City;
3. In case a corporation has a branch office, sales office or warehouse in this City, and sales are
made and recorded herein; the corresponding community tax shall be paid to this City;

4. Any person, natural or juridical, who pays the community tax to a city or municipality other than
this city where his residence or principal office in the case of juridical persons is located, shall
remain liable to pay such tax to this city.

SECTION 398. Time of payment.

1. The community tax shall accrue on the first day of January of each year, which shall be paid not
later than the last day of February of each year.
2. If a person reaches the age of eighteen years or otherwise loses the benefit of the exemption on
or the last day of June, he shall be liable for the community tax on the day he reaches such age
or upon the day the exemption ends. However, if a person reaches the age of eighteen years or
loses the benefit of exemption on or before the last day of March, he shall have twenty days to
pay the community tax without becoming delinquent.
3. Persons who come to reside in this city or reach the age of eighteen years on or after the first
day of July of any year, or who ceases to belong to exempt class on or after the same date, shall
not be subject to the community tax for that year.
4. Corporations established and organized on or before the last day of June shall be liable for the
community tax for that year. But corporations established and organized on or before the last day
of March shall have twenty days within which to pay the community tax without becoming
delinquent. Corporations established and organized on or after the first day of July shall not be
subject to the community tax for that year.

SECTION 399. Collection and Allocation of Proceeds of the Community Tax. The City Treasurer
shall deputize the Barangay Treasurers to collect the community tax in their respective jurisdictions.
Such deputation shall be limited to the community tax payable by individual taxpayers and shall be
extended only to Barangay Treasurers who are bonded in accordance with applicable laws.

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1. The proceeds of the community tax collected through the Barangay Treasurers shall be
apportioned as follows:
a. Fifty percent shall accrue to the General Fund of the City;
b. Fifty percent shall accrue to the barangay where the tax is collected.
2. The Barangay Treasurer shall remit the fifty percent share of the City to the City Treasurer every
end of the month, failure to do so shall be held administratively and/or criminally liable.

SECTION 400. Interest for Late Payment. If the tax is not paid within the prescribed period there
shall be added to the unpaid amount an interest of twenty four percent per annum from the due date
until it is paid.
SECTION 401. Community Tax Certificate. A community tax certificate shall be issued to every
person or corporation upon payment of the community tax. A community tax certificate may also be
issued to any person or corporation not subject to the community tax upon payment of one peso.
SECTION 402. Presentation of Community Tax Certificate on Certain Occasions.
1. When the individual subject to community tax acknowledges any document before a notary
public, takes the oath of office upon election or appointment to any position in the government
service, receives any license, certificate, or permit from any public authority; pays any tax or fee,
receives any money from any public funds, transacts other official business; or receives any
salary or wage from any person or corporation; it shall be the duty of any person, officer or
corporation with whom such transaction is made or business done or from whom any salary or
wage is received to require such individual to exhibit the community tax certificate. The
presentation of community tax certificate shall not be required in connection with the registration
of voter.
2. When through its authorized officers, any corporation subject to community tax receives any
license, certificate, or permit from any public authority, pays any tax, fee, receives money from
public funds, transacts other official business, it shall be the duty of the public official with whom
such transaction is made or business done to require such corporation to exhibit the community
tax certificate.
3. The community tax certificate required in the two preceding paragraphs should be the one issued
for the current year, except for the period from January until the fifteenth of April each year, in
which case, the certificate issued for the preceding year shall suffice.
4. Individual taxpayers subject to community tax may be required by the City Treasurer or his/her
deputies to present proof of their actual income, while corporations must be required to show
their books and other financial records.

SECTION 403. Requirements for Business Operators and Administrative Officers in the Government
Offices.
1. Operators of business establishments, as well as Administrative Officers of the National
Government units including government-owned or controlled corporations located in the City of
Masbate, are required to submit not later than the fifteenth day of May of each year a list of
persons under their employ, stating therein the following:
a. Name and address;
b. Total salaries;
c. Community Tax Certificate number, date, place of issue and amount paid.
2. Any person securing a community tax certificate shall accomplish and file a prescribed sworn
declaration form to be officially provided therefore. For this purpose, the City Treasurer and
deputy collectors of community tax are hereby authorized to subscribe the declaration sheets
filed by the taxpayers.

SECTION 404. Penalty. Failure to submit the required listing shall subject the operator of business
entity or Administrative Officers of government units as the case may be, to a penalty of Five
Hundred pesos for every month of delay or fraction thereof.
xxi. Business Taxes
SECTION 405. Definition of Terms.
1. Advertising Agency - includes all persons who are engaged in the business of advertising for
others by means of billboards, posters, placards, notices, signs, directories, pamphlets, leaflets,
handbills, electric or neon lights, airplanes, balloons or other media, whether in pictorial or
reading form;
2. Agricultural Products - include the yield of the soil, such as corn, rice, wheat, rye, hay, coconuts,
sugarcane, tobacco, root crops, vegetables, fruits, flowers, and its by-products, ordinary salt, all
kinds of poultry and livestock and animal products, whether in their original form or not.

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1. The phrase “whether in their original form or not “ refers to the transformation of said
products by the farmers, fishermen, producers, or owners through the application or
processes to preserve or otherwise to prepare said products for the market such as
freezing, drying, salting, smoking or stripping for purpose of preserving or otherwise
preparing said products for the market..
2. Agricultural products as defined include those that have undergone not only simple but even
sophisticated processes employing advanced technological means in packaging like
dressed chicken or ground coffee in plastic bags or styrofoam or other packaging materials
intended to process and prepare the products for market;
(a) The phrases “whether in their original form or not” refers to the transformation of said
products by the farmers, fishermen, producers, or owners through the application or
processes to preserve or otherwise to prepare said products for the market such as
freezing, drying, salting, smoking, or stripping for purpose of preserving or otherwise
preparing said products for the market.
(b) Agricultural products as defined include those that have undergone not only simple but
even sophisticated processes employing advanced technological means in packaging like
dressed chicken or ground coffee in plastic bags of Styrofoam or other packaging materials
intended to process and prepare the products for market.
(c)The term “by-product”- shall mean those materials in the cultivation or processing of an
article remain over, and which are still of value and marketable like copra cake or molasses
from sugar cane.
3. Amusement - is a pleasurable diversion and entertainment. It is synonymous to relaxation,
avocation, pastime, or fun;
4. Amusement Place - includes theaters, cinemas, concert halls, circuses, cockpits, beach
resorts, disco houses, videoke bars and other places of amusement where one seeks
admission to entertain oneself by viewing the show or performances. They also include
those places where one seeks admission to entertain himself by direct participation;
5. Bank - an establishment for the custody, loans, exchange, or issue money for the extension
of credit and facilitating the transmission of funds by drafts or bills of exchange; also, an
institution incorporated for performing one or more of such functions;
6. Bar - includes any place where intoxicating and fermented liquors are sold, even without
food, services of hired hostesses and or waitresses are employed; and where customers
may dance to music not rendered by regular dance orchestra or musicians hired for the
purpose; otherwise, the place shall be classified as a dance hall or night or day club. A
cocktail lounge or beer garden is considered a bar even if there are no hostesses or
waitresses to entertain customers;
7. Boarding House - includes any house where boarders are accepted for compensation by
week or by the month and where meals are served to boarders only. A Pension Inn
(Pension House) shall be considered a boarding house unless, by the nature of its services
and facilities, falls under another classification;
8. Brewer - includes all persons who manufacture fermented liquors of any descriptions for
sale or delivery to others, but does include manufacturers of tuba, basi, tapuy, or similar
domestic fermented liquors, whose daily production does not exceed two hundred gauge
liters;
9. Business Agent (Agente de Negocio) - includes all persons who act as agents of others in
the transaction of business with any public officer as well as those who conduct collecting,
advertising, employment, or private detective agencies;
10. Cabaret/Dance Hall - includes any place or establishments where dancing is permitted to
the public in consideration of admission, entrance or any other fee paid on or before or after
the dancing, and where professional hostesses or dancers are employed;
11. Calling - means one’s regular business trade, professional avocation employment; which
does not require the passing of an appropriate board or bar examination, such as
professional actors, actresses, hostesses, masseurs, commercial stewards and stewardess;
12. Capital Investment - is the capital which a person puts in any undertaking which he
contributes to the common stock of a partnership, corporation, or any other juridical entity or
association in a particular taxing authority;
13. Carenderia - refers to any public eating place where food already cooked are served at a
price;
14. Cockpit - includes any place, compound, building or portion thereof, where cockfights are
held, whether or not money bets are made on the results of such cockfights;
15. Collecting Agency - includes any person, other than a practicing attorney-at-law, engaged in
the business of collecting or suing debts or liabilities placed in his hands, for said collection
or suit, by subscribers or customers applying and paying therefore;
16. Commercial Broker - includes all persons other than importers, manufacturers or bona fide
employees, who, for compensation or profit sell or bring about sales or purchase of
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 merchandise for other persons; bring proposed buyers and sellers together or negotiate
freight, or other business for owner of vessels or other means of transportation, for shippers,
consigners of freight carried by vessels or other means of transportation. The term also
includes commission merchant;
17. Contractors - include all persons, natural or juridical, not subject to professional tax whose
activity consists essentially of the sales of all kinds of services for a fee regardless of
whether or not the performance of the service calls for the exercise or use of the physical or
mental faculties of such contractor or his employees; As used in this Code, the term
contractor shall include general engineering, general building and specialty contractors
defined under applicable laws; filling, demolition and salvage works contractors, proprietors
or operators of mine drilling apparatus; proprietors or operators of smelting plants,
engraving, plating and plastic lamination establishments, proprietors or operators of
establishments for repairing, repainting, upholstering, washing or greasing vehicles, heavy
equipments, vulcanizing recapping and battery charging , proprietors and operators of
furniture shops and establishments for panning or surfacing and re-cutting of lumbers and
sawmills under contract to saw or cut logs belonging to others; proprietors or operators of
dry cleaning machines, proprietors or owners of shop for repair of any kind of mechanical
and electrical devices, instruments or apparatus or furniture and shoe repairing system or
any mechanical contrivance, proprietors and operators of tailor shops, massage clinics,
sauna, Turkish or Swedish baths, slenderizing and building salons, and similar
establishments; photographic studios, funeral parlors, proprietors and operators arrastre and
stevedoring warehousing or forwarding establishments, master plumbers, smiths, and
house or sign painters, printers, bookbinders, lithographers, publishers except those
engaged in the publication or printing of any newspaper, magazine , review or bulletin which
appears at regular intervals with fixed prices for subscription and sale and which is not
devoted principally to the publication of advertisements; business agents, private detective
or watchman agencies, commercial and immigration brokers and cinematographic film
owners, lessors, and distributors;
18. Dealer/Distributor - means one whose business is to buy and/or sell merchandize, goods,
and chattels as a merchant. He stands immediately between the producer or manufacturer
and the consumer and depends for his profit not upon the labor he bestows upon the
commodities but upon the skill and foresight with which he watches the market;
19. Dealer in Securities - includes all persons who for their own account, are engaged in the
sale of stocks, bonds, exchange, bullions, coined money, bank notes, or other securities. It
shall also include pre-need companies or those engaged in the sale of educational plans,
health care plans memorial plans, etc;
20. Exporter - means any person who is engaged in the business of exporting articles or goods
of any kind from the Philippines for sale or consumption abroad;
21. Financial Institution - an enterprise specializing in the handling and investment of funds
which include non-bank financial intermediaries, lending investors, finance and investment
companies, pawnshops, money shops, insurance companies, stock markets, stock brokers
and dealers in securities and foreign exchange as defined under applicable laws or rules
and regulations;
22. General Building Contractor - is a person whose principal contracting business is in
connection with any structure built, being built, or to be built, for the support, shelter or
enclosure of persons, animals, chattels, or movable property of any kind, requiring in its
construction the use of more than two unrelated building, trades or crafts, or to do or
superintend the whole or any part thereof. Such structure includes sewers, and sewerage
disposal plants and systems, parks, playgrounds, and other recreational works refineries,
chemical plants, and similar industrial plants requiring specialized engineering knowledge
and skill, powerhouse, power plants, and other utility plants, and concrete works in
connection with the above- mentioned fixed works. A person who merely furnishes materials
or supplies without fabricating them into or consuming them in the performance of the work
of the general building does not imply the term contractor;
23. General Engineering Contractor - is a person whose principal contracting business in
connection with fixed works requiring specialized engineering knowledge and skill including
the following divisions or subjects; irrigation, drainage, water power, water supply, flood
control, inland waterways, harbors, docks and wharves, shipyards and ports, dams, hydro
electric projects, levees, river control and reclamation works, railroads and highways, streets
and roads, tunnels, airports, and airways, waste reduction plants, bridges, overpasses,
underpasses, and other similar works, pipelines and other systems for the transmission of
petroleum and other liquid or gaseous substances, and-leveling and earthmoving projects,
excavating, grading, trenching, paving and surfacing works;
24. Hotel - includes any house or building or portion hereof in which any person or persons may
regularly harbor or received as transients or guests. A hotel shall be considered as living
99
 quarters and shall have the privilege to accept any number of guests and to serve food to
the guests therein;
25. Importer - means any person who bridges articles, goods, wares of merchandize of any kind
or class into the Philippines from abroad for unloading therein, or which after entry are
consumed herein or incorporated into the general mass of property in the Philippines. In the
case of tax-free articles brought or imported into the Philippines by person, entities or
agencies exempt from tax, which are subsequently sold, transferred, or exchanged in the
Philippines to non-exempt private persons, entities, the purchaser or recipient shall be
considered the importer thereof;
26. Independent Wholesaler - means any person other than a manufacturer, producer or
importer who buys commodities for resale to two persons other than the end-user,
regardless of the quantity of transaction;
27. Lodging House - includes any house, building or portion thereof in which any person may be
regularly harbored or received as transients for compensation;
28. Manufacturer - includes every person who for the purpose of sale or distribution to others
and not for his own use or consumption, by physical or chemical process; alters the exterior
texture or form or inner substance of any raw material or manufactured or partially
manufactured product in such manner as to prepare for use or uses to which it could not
have been put in its original condition; alters the quality of any raw material or manufactured
or partially manufactured products so as to reduce it to a marketable shape or prepare it for
any use of industry or; combines any raw material or manufactured or partially manufactured
product which other materials or products of the same or of a different kind in such manner
that the finished product of such material or manufactured result can be put into a special
use or uses to which such material or manufactured or partially manufactured product can
not be put back in its original condition;
29. Motor Vehicle - means any vehicle propelled by any power other than muscular power using
the public roads, but excluding road rollers, trolley cars, street sweepers, sprinklers, lawn
mowers, bulldozers, graders, fork cliffs, amphibian trucks and cranes if not use in public
roads, vehicles which run only on rails or tracks, and tractors, trailers and traction engines of
all kinds used exclusively for agricultural purposes;
30. Night or Day Club - includes any place frequented at nighttime or daytime as the case may
be, where persons are served foods and drinks and are allowed to dance with the partners
or the professional guest relation officers employed by the management;
31. Occupation - a person’s regular business or employment or activity that principally takes up
one’s time thought and energies. It includes any calling business, trade, profession or
vocation;
32. Profession - means a calling that requires the passing of an appropriate government board
or bar examinations, such as the practice of law, medicine, public accountant, engineers,
etc;
33. Public Market - refers to any place, building or structure of any kind designated as such by
the local board or council, except, public streets, plazas, parks and the like;
34. Rectifier - comprises every person who rectifies, purifies or refines distilled spirits or wines
by any process other than by original and continuous closed vessels and pipes until the
manufacture thereof is complete. Every wholesale or retail liquor dealer who has in his
possession any still or mush tub, who keeps any apparatus for the purpose of distilling
spirits, or in any manner refining distilled spirits, shall also be regarded as a rectifier and as
being engaged in the business of rectifying;
35. Restaurant - refers to any place that provides food to the public and accepts orders from
them at a price. This term includes caterers;
36. Retail - means a sale where the purchaser buys the commodity for his own consumption,
irrespective of the quantity of the commodity sold;
37. Specialty Contractor - is a person whose operation pertains to the performance of
construction work requiring special skill and whose principal contracting business involves
the use of specialized trades or craft;
38. Vessel - includes every type of boat, craft or other artificial contrivances used, or capable of
being used, as a means of transportation on water;
39. Wholesale - means a sale where the purchaser buys or imports the commodities for resale
to persons other than the end-user regardless of the quantity of the transaction;

SECTION 406. Impositions. There is hereby levied an annual tax on the business mentioned in this
Article at the rates prescribed therefore. The tax is payable for every distinct establishment and one
line of business or activity does not become exempt if being conducted with other business or
activity for what has been paid.

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 A. Graduated Taxes
(1) On manufacturers, assemblers, repackers, processors, brewers, rectifiers, and compounders of
liquors, distilled spirits and wines or manufacturers of any article of commerce of whatever kind or
nature, in accordance with the following schedule:
With gross sales or receipt for the Amount of
preceding year in the amount of; Tax/Annum
Less than P 10,000.00 P 199.65
10,000.00 Or more but less than 15,000.00 266.20
15,000.00 Or more but less than 20,000.00 365.42
20,000.00 Or more but less than 30,000.00 532.40
30,000.00 Or more but less than 40,000.00 798.60
40,000.00 Or more but less than 50,000.00 998.25
50,000.00 Or more but less than 75,000.00 1,597.20
75,000.00 Or more but less than 100,000.00 1,996.50
100,000.00 Or more but less than 150,000.00 2,662.00
150,000.00 Or more but less than 200,000.00 3,327.50
200,000.00 Or more but less than 300,000.00 4,658.50
300,000.00 Or more but less than 500,000.00 6,655.00
500,000.00 Or more but less than 750,000.00 9,680.00
750,000.00 Or more but less than 1,000,000.00 12,100.00
1,000,000.00 Or more but less than 2,000,000.00 16,637.50
2,000,000.00 Or more but less than 3,000,000.00 19,965.00
3,000,000.00 Or more but less than 4,000,000.00 23,958.00
4,000,000.00 Or more but less than 5,000,000.00 27,951.00
5,000,000.00 Or more but less than 6,500,000.00 29,493.75
6,500,000.00 Or more at the rate not exceeding
(45.375%) of One percent

(2) On wholesalers, distributors, dealers or buying any article of commerce of whatever

kind or nature, in accordance with the following schedule:
With gross sales or receipt for the Amount of
preceding calendar year in the amount of: Tax/Annum
Less than P 1,000.00 21.75
1,000.00 Or more but less than 2,000.00 39.93
2,000.0 Or more but less than 3,000.00 60.50
3,000.00 Or more but less than 4,000.00 87.10
4,000.00 Or more but less than 5,000.00 121.00
5,000.00 Or more but less than 6,000.00 146.40
6,000.00 Or more but less than 7,000.00 173.00
7,000.00 Or more but less than 8,000.00 199.65
8,000.00 Or more but less than 10,000.00 226.25
10,000.00 Or more but less than 15,000.00 266.20
15,000.00 Or more but less than 20,000.00 332.75
20,000.00 Or more but less than 30,000.00 399.30
30,000.00 Or more but less than 40,000.00 532.40
40,000.00 Or more but less than 50,000.00 798.60
50,000.00 Or more but less than 75,000.00 1,197.90
75,000.00 Or more but less than 100,000.00 1,597.20
100,000.00 Or more but less than 150,000.00 2,262.70
150,000.00 Or more but less than 200,000.00 2,928.20
200,000.00 Or more but less than 300,000.00 3,993.00
300,000.00 Or more but less than 500,000.00 5,324.00
500,000.00 Or more but less than 750,000.00 7,986.00
750,000.00 Or more but less than 1,000,000.00 10,648.00
1,000,000.00 Or more but less than 2,000,000.00 12,100.00
2,000,000.00 at the rate not exceeding
(60.5%) of One percent

(3) On exporters and manufacturers, millers and producers of essential commodities

enumerated hereunder as follows;
(a) Rice and corn;
(b) Wheat or cassava flour, meat, dairy products locally manufactured, processed or preserved
food, sugar, salt and other agricultural, marine and fresh water products, whether in their
original state or not;
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 (c) Cooking oil and cooking gas;
(d) Laundry soaps, detergents and medicines;
(e) Agricultural implements, equipment and post-harvest facilities, fertilizers, pesticides,
insecticides, herbicides and other farm inputs;
(f) Poultry feeds and other animal feeds;
(g) School supplies;
(h) Cement
With gross sales or receipts for the Amount of
preceding calendar year in the amount of; Tax/Annum
Less than P 10,000.00 99.80
10,000.00 Or more but less than 15,000.00 133.10
15,000.00 Or more but less than 20,000.00 182.70
20,000.00 Or more but less than 30,000.00 266.20
30,000.00 Or more but less than 40,000.00 399.30
40,000.00 Or more but less than 50,000.00 498.50
50,000.00 Or more but less than 75,000.00 798.60
75,000.00 Or more but less than 100,000.00 998.25
100,000.00 Or more but less than 150,000.00 1,331.00
150,000.00 Or more but less than 200,000.00 1,663.20
200,000.00 Or more but less than 300,000.00 2,329.25
300,000.00 Or more but less than 500,000.00 3,327.50
500,000.00 Or more but less than 750,000.00 4,840.00
750,000.00 Or more but less than 1,000.000.00 6,050.00
1,000,000.00 Or more but less than 2,000,000.00 8,318.75
2,000,000.00 Or more but less than 3,000,000.00 9,982.50
3,000,000.00 Or more but less than 4,000,000.00 11,979.00
4,000,000.00 Or more but less than 5,000,000.00 13,975.50
5,000,000.00 Or more but less than 6,500,000.00 14,742.00
6,500,000.00 Or more at the rate of not exceeding
(22.68%) of One percent (1%)

(4) On wholesalers, distributors or dealers of essential commodities enumerated hereunder;

(a) Rice and corn;
(b) Wheat or cassava flour, meat, dairy products, locally manufactured processed or
preserved food, sugar, salt and other agricultural, marine and fresh water products, whether
in their original state of not;
(c) Cooking oil and cooking gas;
(d) Laundry soaps, detergents and medicines;
(e) Agricultural implements, equipment and post harvest facilities, fertilizers, pesticides,
insecticides and other form of inputs;
(f) Poultry feeds and other animal inputs;
(g) School supplies;
(h) Cement.

With gross sales or receipts for the Amount of

preceding calendar year in the amount of; Tax/Annum
Less than P 1,000.00 10.85
1,000.00 Or more but less than 2,000.00 19.95
2,000.00 Or more but less than 3,000.00 30.25
3,000.00 Or more but less than 4,000.00 49.55
4,000.00 Or more but less than 5,000.00 66.50
5,000.00 Or more but less than 6,000.00 79.20
6,000.00 Or more but less than 7,000.00 86.50
7,000.00 Or more but less than 8,000.00 99.80
8,000.00 Or more but less than 10,000.00 113.95
10,000.00 Or more but less than 15,000.00 133.00
15,000.00 Or more but less than 20,000.00 165.75
20,000.00 Or more but less than 30,000.00 199.65
30,000.00 Or more but less than 40,000.00 266.20
40,000.00 Or more but less than 50,000.00 399.20
50,000.00 Or more but less than 75,000.00 598.95
75,000.00 Or more but less than 100,000.00 798.00
100,000.00 Or more but less than 150,000.00 1,131.35
150,000.00 Or more but less than 200,000.00 1,461.10
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 200,000.00 Or more but less than 300,000.00 1,996.50
300,000.00 Or more but less than 500,000.00 2,662.00
500,000.00 Or more but less than 750,000.00 3,982.00
750,000.00 Or more but less than 1,000,000.00 5,324.00
1,000,000.00 Or more but less than 2,000,000.00 6,050.00
2,000,000.00 Or more at the rate not exceeding
Thirty and Twenty-Five percent
of One percent

(5) On retailers of any article of commerce of whatever kind or nature:

With gross sales or receipts for Rate of Tax
the preceding year of; Per Annum
P 400,000.00 or less 2.2 %
in excess of P 400,000.00 – P8,800.00 + 1.1% in excess of P400,000.00

(6) On retailers of essential commodities;

(a) Rice and corn;
(b) Wheat or cassava flour, meat, dairy products, locally manufactured, processed or
preserved food, sugar, salt, and other agricultural, marine and fresh water products
whether in their original state or not;
(c) Cooking oil and cooking gas;
(d) Laundry soaps, detergents and medicines;
(e) Agricultural implement and post-harvest facilities, equipment, fertilizers, pesticides,
insecticides and other farm inputs;
(f) Poultry feeds and other animal feeds;
(g) School supplies;
(h) Cement

With gross sales or receipts for Rate of Tax

the preceding year Per Annum

P 400,000.00 or less 1.1%

in excess of P 400,000.00 – P4,400.00 + 0.55% in excess of P400,000.00

(7) On contractors and other independent contractors in accordance with the following schedule;

With gross sales or receipts for Amount of

the preceding year Tax/Annum

Less than 5,000.00 32.65

5,000.00 Or more but less than 10,000.00 73.80
10,000.00 Or more but less than 15,000.00 126.45
15,000.00 Or more but less than 20,000.00 199.65
20,000.00 Or more but less than 30,000.00 332.75
30,000.00 Or more but less than 40,000.00 465.85
40,000.00 Or more but less than 50,000.00 665.20
50,000.00 Or more but less than 75,000.00 1,069.80
75,000.00 Or more but less than 100,000.00 1,597.20
100,000.00 Or more but less than 150,000.00 2,395.80
150,000.00 Or more but less than 200,000.00 3,194.40
200,000.00 Or more but less than 250,000.00 4,392.30
250,000.00 Or more but less than 300,000.00 5,590.20
300,000.00 Or more but less than 400,000.00 7,455.60
400,000.00 Or more but less than 500,000.00 9,982.50
500,000.00 Or more but less than 750,000.00 11,192.50
750,000.00 Or more but less than 1,000,000.00 12,402.50
1,000,000.00 Or more but less than 2,000,000.00 13,915.00
2,000,000.00 Or more at a rate not exceeding
(69.595 %) of One percent (1%)

(8) On banks and other financial institutions, including non-bank intermediaries, finance, lending
investors, investment companies, insurance companies, pawnshops, money shops, stock brokers,
stock markets, and dealers in securities and foreign exchange; at a rate of fifty-five percent of one
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percent on the gross receipts of the preceding calendar year derived from interests, commissions
and discounts from lending activities, income from financial leasing, dividends, rentals on property
and profit from exchange or sale of property, and insurance premium.
(a) For Newly Started Business
1) Commercial Banks (Principal Office) 8,000.00
2) Commercial Banks (Branch Office) 4,000.00
3) Savings Banks (Principal Office) 8,000.00
4) Savings Banks (Branch Office) 4,000.00
5) Rural Banks 2,000.00
6) Finance and Investment Companies (Principal Office) 6,000.00
7) Finance and Investment Companies (Branch Office) 3,000.00
8) Insurance Companies (Principal Office) 6,000.00
9) Insurance Companies (Branch Office) 3,000.00
10)Lending Investors 3,000.00
11)Money Shops Transfer 2,000.00
12)Pawn Shops with capital of:
(a) Less than P50,000.00 1,000.00
(b) More than P50,000.00 but less than P100,000.00 1,500.00
(c) More than P100,000.00 but less than P200,000.00 2,000.00
(d) More than P200,000.00 3,000.00

(9) On peddlers engaged in the sale of any merchandise or article of commerce, One Hundred
Pesos per annum P100.00.
(10) On Cafe, cafeterias, ice cream and other refreshment parlors, restaurants, soda fountains, bars,
carenderias, food caterers, bakeries and bakeshops;
With gross sales or receipts for the Amount of
preceding year of: Tax /Annum

Less than P 2,000.00 39.90

2,000.00 Or more but less than 3,750.00 66.55
3,750.00 Or more but less than 4,500.00 93.15
4,500.00 Or more but less than 6,125.00 119.75
6,125.00 Or more but less than 7,250.00 146.40
7,250.00 Or more but less than 8,750.00 173.25
8,750.00 Or more but less than 10,275.00 199.65
10,275.00 Or more but less than 12,125.00 239.55
12,125.00 Or more but less than 15,250.00 292.80
15,250.00 Or more but less than 16,750.00 332.75
16,750.00 Or more but less than 18,250.00 356.95
18,250.00 Or more but less than 20,265.00 385.95
20,265.00 Or more but less than 23,375.00 465.85
23,375.00 Or more but less than 27,000.00 532.40
27,000.00 Or more but less than 30,000.00 598.95
30,000.00 Or more but less than 33,000.00 665.50
33,000.00 Or more but less than 35,875.00 732.05
35,875.00 Or more but less than 40,625.00 811.20
40,625.00 Or more but less than 45,500.00 866.35
40,500.00 Or more but less than 50,000.00 998.25

For every P 1,000.00 or fraction thereof

in excess of P 50,000.00 P 6.05

(11) On business establishments principally rendering or offering to render services, such as those
enumerated below;
(1) Advertising Agency
(2) Assaying Laboratories
(3) Accounting Services
(4) Blacksmiths
(5) Brokerages

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 (6) Business agents and other independent contractors (natural or juridical) not to include
those enumerated in Section 405, paragraph (17) of this Code, whose activity consists
essentially on sale all kinds of service for fee.
(7) Belt and buckle shop
(8) Booking office for local exchange (except imported films)
(9) Collecting agencies
(10) Carpentry shops
(11) Construction and/or repair shops of motor vehicles, animal-drawn vehicles
(12) Bicycles and/or tricycles
(13) Drafting and architectural services
(14) Employment agencies
(15) Resort services
(16) Garages
(17) Goldsmiths and silversmiths
(18) Hump-grading establishments
(19) Indenter or indent services
(20) Internet Shops
(21) Janitorial services
(22) Judo karate schools or other schools of martial arts
(23) Key-smiths
(24) Lathe machine shops
(25) Legal and other professional services
(26) Lumberyards
(27) Massages or therapeutic services
(28) Mimeograph services
(29) Medical and dental clinics
(30) Painting shops
(31) Photo static, white/blue printing services
(32) Proprietors or operators of bulldozers and other heavy equipments
(33) Public warehouse or bodega
(34) Perma-press establishments
(35) Private hospitals
(36) Promotional services
(37) Junk shops
(38) Public ferries
(39) Purchasing agencies
(40) Welding shops
(41) Rental of equipment, furniture, vehicles, skates, tractors and other agricultural
implements and other equipments for hire
(42) Repair services for household appliances, typewriters, and other office
machines and equipments
(43) Roasting of pigs, fowls not sold for retail
(44) Stables
(45) Shipyards for repairing of ships or other watercrafts
(46) Sculpture shops
(47) Ticketing and /or Booking office for land, air and water transportation
(48) Tinsmiths
(49) Transportation terminals not owned by the operators
(50) Vaccinator shops
(51) Vocational schools including IBM/Computer schools
(52) Watch repair centers or shops
(53) Xerox copying services
(54) Other service establishments not otherwise specifically mentioned hereof.

With gross sales or receipts for Amount of

preceding calendar year in the amount of; Tax/Annum

Less than P 5,000.00 32.65

5,000.00 Or more but less than 10,000.00 62.30
10,000.00 Or more but less than 15,000.00 137.90
15,000.00 Or more but less than 20,000.00 199.65
20,000.00 Or more but less than 30,000.00 332.75
30,000.00 Or more but less than 40,000.00 465.85
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 40,000.00 Or more but less than 50,000.00 665.50
50,000.00 Or more but less than 75,000.00 1,064.80
75,000.00 Or more but less than 100,000.00 1,597.20
100,000.00 Or more but less than 150,000.00 2,395.80
150,000.00 Or more but less than 200,000.00 3,194.40
200,000.00 Or more but less than 250,000.00 4,029.30
250,000.00 Or more but less than 300,000.00 5,590.20
300,000.00 Or more but less than 400,000.00 6,655.00
400,000.00 Or more but less than 500,000.00 10,006.70

For every P 1,000.00 or fraction thereof

in excess of P 500,000.00 P 6.65

(12) On Boarding houses/ Dormitories with Amount of

accommodation of: Tax/Annum

Less than10 boarders P 60.50

10 to 19 boarders 121.00
20 to 29 boarders 181.50
30 to 39 boarders 242.00
40 or more borders 363.00

(13) Lodging house, and accessorial, room for rent

Less than 10 bed spacers 100.00
Over 10 but less than 15 150.00
Over 15 but less than 20 200.00
Over 20 bed spacers 250.00
(14) On privately owned Public Markets, meat shops and malls;
With gross sales or receipts for the preceding Amount of
year in the amount of; Tax/Annum

Less than P 5,000.00 166.35

5,000.00 Or more but less than 10,000.00 332.75
10,000.00 Or more but less than20,000.00 665.50
20,000.00 Or more but less than 30,000.00 938.25
30,000.00 Or more but less than 40,000.00 1,331.00
40,000.00 Or more but less than 50,000.00 1,663.75
50,000.00 Or more but less than 60,000.00 1,996.50
69,000.00 Or more but less than 70,000.00 2,329.25
70,000.00 Or more but less than 80,000.00 2,662.00
80,000.00 Or more but less than 90,000.00 2,994.20
90,000.00 Or more but less than 100,000.00 3,327.50

For every P 1,000.00 or fraction thereof

in excess of P 100,000.00 26.62

(15) On real estate dealers:

(a) Subdivision operators (per sq. m.) 100.00
The tax shall be computed on the basis of the total area of the
remaining lots titled in the name of the subdivision operator;
(b) Lessors of Real Estate

With gross sales or receipts for the Amount of

preceding year in the amount of; Tax/quarter

Less than 1,000.00 P 13.30

P 1,000.00 Or more but less than 4,000.00 26.60
4,000.00 Or more but less than 10,000.00 66.55
10,000.00 Or more but less than 20,000.00 199.65
20,000.00 Or more but less than 30,000.00 399.30
30,000.00 Or more but less than 50,000.00 665.50

For every P 1,000.00 in excess of P 50,000.00

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 of real estate used for residential purposes P 6.65
In case of a newly started business of lessors of
real estate, the tax shall be P 36.30

PERMIT AND REGULATORY FEES

xxii. Mayor’s Permit Fee on Business

SECTION 407. Imposition of Fees –

1. There shall be collected an annual fee at the rtes provided hereunder for the issuance of Mayor’s
Permit to any person engaged on business or occupation, or practice of such calling, within this
City.
2. The mayor’s permit issued shall be granted for a period of not more than one (1) year and shall
expire on the 31st day of December following the date of the issuance unless revoked or
surrendered earlier. It shall have a continuing validity only upon renewal thereof and payment of
the corresponding fees.

SECTION 408. Administrative Provisions –

1. Any person who shall establish, operate, or conduct any business mentioned in this Article, shall
first secure a Mayor’s Permit and pay the corresponding fee therefore.
2. Any person, whether natural or juridical, desiring to engage in any business, trade, or any activity
within the City, shall first submit a written application to the City Mayor who before processing the
business application shall require the payment of an application fee, as follows:
a. Manufacturers P100.00
b. Others 50.00
3. Every permit issued by the City Mayor must show the name of the applicant, the nationality,
address, nature of organization, whether a sole proprietorship, corporation, or partnership,
location of the business, number of the permit, date of issue, and other information that the City
Mayor may require. The City Treasurer shall be furnished a copy of the approved permit.
4. Requirements for newly-started business
a. Location sketch of the new business/zoning/location clearance;
b. Paid-up capital of the business as shown in the Article of Incorporation or partnership, or
sworn statement of the capital investment of the owner or operator, if a sole
proprietorship;
c. Certificate attesting that the business is tax exempt;
d. Certification from the officer-in-charge of zoning that the location of the new business is in
accordance with zoning regulations;
e. Tax clearance showing that the operator has paid all the tax obligations in the City;
f. Three passport pictures of the owner or operator in case of partnership or corporation,
the picture of the senior or managing partner and that of the President or General
Manager;
g. Barangay Clearance;
h. Social Security System membership clearance;
i. Fire safety clearance.
5. For the renewal of Existing Business Permits:
a. Previous year’s Mayor’s Permit;
b. A copy of the annual or quarterly tax payments;
c. A copy of all receipts showing payment of all regulator fees as provided or in this Code;
d. Sworn statement of the capital investment and annual gross sales or receipts of the of the
previous year;
e. Certificate f tax exemption from those concerned if the business is tax exempt;
f. Any false statement deliberately made by the applicant, shall constitute as a ground for
revocation thereof and may be prosecuted in accordance with the penalties provided for
in this ordinance;
g. A Mayor’s Permit shall be refused to any person for the following reasons;
(1) The business establishment or undertaking does not conform to zoning
regulation, safety health and other requirement of the City;
(2) That has unsettled tax obligation, debt or other liabilities with the City
Government ; and
(3) That is disqualified under any provision of law to established or operate the
business for which a permit is being applied.

SECTION 409. Payment of Permit -

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1. The applicant shall secure the permit from the Business Permit and License Official and pay the
corresponding permit fee to the City Treasure. The Business Permit and License Office shall
keep a record of all permits issued.
2. All permits issued shall take effect on the date of issuance and shall expire on the date specified
therein but not beyond December thirty-one (31) of the year it was issued.
3. The issuance of the permit shall not relieve the permitee from complying with the zoning or
location clearance, building permit, sanitary/ health clearance and other requirements. Non-
compliance of the requirements within SIX (6) MONTHS after the issuance of the Mayor’s
Permit, shall consider the business deemed cancelled or revoked.

SECTION 410. Renewal of Permit – The Mayor’s Permit to engage in business shall be duly
renewed every year not later than January 20 of the current year. However, the period of payment
may be extended by the Mayor not later than 31 st day of January of the same year for justifiable
reasons. Failure to renew the Mayor’s Permit within the prescribed period shall subject the taxpayer
to twenty-five (25%) surcharge of the permit fee.

SECTION 411. Posting or Display to Public View – Mandatory Requirements. The Mayor’s Permit
issued to any business shall at all times be posted or displayed for public view. Business Permit
Registration Plates issued to all operators of business establishments with fixed place of business or
office, they shall keep the Mayor’s Permit or copy thereof in their person.

SECTION 412. Pre-requisites of law; Strict Compliance – The pre-requisite of law relative to the
corporate existence and organizational setup of the business establishment securing the Mayor’s
Permit shall be strictly complied with before the same shall be issued.

SECTION 413. Barangay Clearance – All business establishments applying or renewing business
permits shall secure a clearance with official receipt from the barangay where they are located
before a Mayor’s Permit maybe issued. However, if such barangay clearance is not acted upon by
the barangay within seven days after filing thereof, the Mayor may issue the permit applied for.

SECTION 414. Non-issuance of Permit. A Mayor’s Permit may be refused on the ground that the
person applying for a permit has failed to comply with the documentary requirements for its
issuance and/or has violated and continue to violate any ordinance or regulation relating to such
permit.

SECTION 415. Revocation of Permit – Upon proper and written notice, the City Mayor may revoke
the permit and close the establishment for any of the following reasons:
1. Violation of any condition set forth in the permit;
2. Abuse of privilege to do business or pursue an activity to the injury of public morals and peace;
and
3. When the place of business becomes a nuisance or is allowed to be used by disorderly
characters, criminals or persons of ille-repute

SECTION 416. Separate Permit on every kind of Business. If a person desires to engage in more
than one kind of business, he shall secure the corresponding ermit and pay the permit fee imposed
on each separate or different business establishment.

SECTION 417. Issuance of Certified Copy and Amendment of Permits.

1. The Office of the City Mayor, through the Business Permits and Licenses Division, shall upon
presentation of satisfactory proof that the original copy of the permit has been lost, stolen, or
destroyed, shall issue a certified copy of the same upon payment of Fifty pesos for each certified
copy issued.
2. Transfer of Location or Amendment of Mayor’s Permit – Businesses which are operating with
valid permits and are transferring to a new business location/address or amend any entries
thereof, shall also be required to pay a processing fee of One Hundred Pesos in addition to the
regular fees provided under this Article.

SECTION 418. Abandonment of Closure Benefits - When a business or occupation is abandoned or

closed, the person conducting the same shall submit it the City Treasurer and Licensing Division,
Office of the Mayor within twenty days from the date of such abandonment or closure, a sworn
statement to the effect, stating therein the date of abandonment or closure and the corresponding
taxes that must be liquidated, otherwise, said business shall be presumed to be still in actual
operation. All taxes due and payable for the corresponding quarter should be settled before a
business is deemed officially closed of abandoned. All taxes already aid for the whole current year
shall not, however, be subject to a refund for the unused term.
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SECTION 419. Retirement of Business – When an individual paying a permit fee dies and the same
business is continued by heirs or persons interested in his estate, no additional payment shall be
required on the unexpired term for which the fee was paid.

SECTION 420. Death of Permittee. When an individual paying a permit fee dies and the same
business in continued by his heirs or persons interested in his estate, no additional payment shall be
required on the unexpired term for which the fee was paid.

SECTION 421. Inspection of Business Establishments – Business establishment shall be subject to

inspection during their business hours by any duly authorized official with a mission order issued by
the head of the department concerned, connected with public health, welfare and safety and who
has technical and official authority in such matters to see the effective compliance of the
requirements of ordinances and provisions of existing laws and of this Code.

B. Regulatory Fees

(1) On private cemeteries and memorial park: Amount of Tax /Annum

Less than 2 hectares P 665.00
2 hectares to 5 hectares 998.00
More than 5 hectares 1,331.00

(2) On cold storage and refrigeration business: Amount of Tax/Annum

(a) Cold Storage with capacity of;
Less than 5 cubic meters P121.00
Over 5 cu. m. but less than 10 cu. m. 181.00
Over 10 cu. m. but less than 25 cu. m. 302.00
Over 25 cu. m. but less than 40 cu. m. 484.00
Over 40 cu. m. 726.00
(b) Refrigeration business:
Less than 4 cu. m. 121.00
Over 5 cu. m. 181.00
(c) When used in this sub-section, total cold storage capacity means the capacity of the
cold storage room, refrigerating case, icebox and similar store devices in a single place of
establishment all taken together.

(3) On Lumberyards:
Amount of Tax/Annum
With an area of less than 500 sq m. P 600.00
Over 500 sq m to 1,000 sq m 750.00
Over 1,000 sq m to 1,500 sq m. 900.00
Over 1,500 sq m to 2,000 sq m. 1,200.00
Over 2,000 sq m. 1,500.00

(4) On dealers in fermented liquors, distilled spirits and or wines; Amount of Tax/Annum

(a) Wholesaler/ dealer of foreign liquors P 1,730.00

(b) Wholesaler/ dealer of domestic liquors 877.00
(c) Retail dealer in foreign liquors 435.00
(d) Retailer/dealer of domestic liquors 302.00
(e) Retailer/dealer of vino liquors 114.00
(f) Retailer/dealer of fermented liquors 171.00
(g) Wholesaler/dealer of fermented liquors 435.00
(h) Retail/ dealer of tuba, basi, and/or tapuy 108.00

(5) On tobacco/cigar and cigarettes; Amount of Tax/Annum

(a) Retailer/ dealer of tobacco leaf P 114.00
(b) Wholesaler/dealer of tobacco leaf 435.00
(c) Retailer/dealer of tobacco 114.00
(d) Wholesale/dealer of tobacco 435.00
(e) Retail/dealer of cigarettes 145.00
(f) Wholesale/dealer of cigar and cigarettes 1,210.00

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(6) On operators of rice and corn mills engaged in the milling of rice and corn belonging to other
persons with total capacity per machine in accordance with the following schedules:
Amount of Tax/Annum
(a) Corn mill, not exceeding 100 cavans per 12 hours capacity P 30.00
(b) Corn mills, exceeding 100 cavans per 12 hours capacity 30.00
(c) Kiskisan type, not exceeding 100 cavans of palay per 12 hours capacity 45.00
(d) Kiskisan type, exceeding 100 cavans of palay per 12 hours capacity 51.00
(e) Cono type, not exceeding 100 cavans of palay per 12 hours capacity 121.00
(f) Cono type, not exceeding 200 cavans of palay per 12 hours capacity 266.00
(g) Cono type, not exceeding 300 cavans of palay per 12 hours capacity 399.00
(h) Cono type, not exceeding 400 cavans of palay per 12 hours capacity 598.00
(i) Cono type, not exceeding 500 cavans of palay per 12 hours capacity 855.00
(j) Cono type, not exceeding 600 cavans of palay per 12 hours capacity 1,197.00
(k) Cono type, not exceeding 700 cavans of palay per 12 hours capacity 1,563.00
(l) Cono type, not exceeding 800 cavans of palay per 12 hours capacity 2,129.00
(m) Cono type, not exceeding 900 cavans of palay per 12 hours capacity 2,862.00
(n) Cono type, not exceeding 1,000 cavans of palay per 12 hours capacity 3,194.00
(n) Cono type, exceeding 1,000 cavans of palay per 12 hours capacity 3,726.00

Rice and Corn millers who are also engaged in the business of wholesaling, retailing or both of
said cereals shall first secure a Mayor’s Permit for the purpose. They shall have separate
stores accessible to the public with assign board stating therein that they are retailing or
wholesaling the aforesaid cereals and secure the necessary papers required of them by the
National Food Authority and shall keep separate books of accounts for the two businesses.
(7) On amusement places wherein the customers thereof participate without bets or wagers
including but not limited to the following:
Amount of Tax/Annum
1) Day and Night clubs P 7,983.00
2) Day club or night club 5,324.00
3) Cocktail lounge or bar 2,129.00
4) Disco houses or pub houses 2,562.00
5) Cabaret or dance hall 1,331.00
6) Bath house, swimming pool, resorts, and similar places 399.00
7) Skating rink, billiard or pool halls; 565.00
(a) For first table 66.00
(b) For each additional table 26.00
(c) For each wooden table 26.00
8) Bowling alley;
(a) Automatic per lane 133.00
(b) Non- Automatic per lane 105.00
9) Circus, Carnival or the like:
(a) Per day for the first ten days 53.00
(b) Per day thereafter 12.00
10) Merry-go-round, roller coasters, ferries wheels, swings,
shooting galleries and other similar contrivances:
(a) Per day for the first 10 days 12.00
(b) Per day thereafter 8.00
(c) Race tract 2,420.00
(d) For conducting horse race 1,996.00
(e) Per day or fraction thereof 66.00

(8) On amusement devices:

(a) Each Kanta Singko 181.00
(b) Each machine/ apparatus for visual entertainment 181.00
(c) Each DVD, VCD, Laser, Beta/VHS players and family 181.00
Computer
(d) Each apparatus for weighing persons 39.00
(e) Each laser disc projector 181.00

(9) Golf Links 3,993.00

(10) Other business/Firms/Establishments:

110
 1) Buy and sale of empty bottles 363.00
2) Ice cream makers and or dealers 181.00
3) Ice candy makers/manufacturers or dealers 181.00
4) Scramble, palamig makers/ manufacturers and or dealer 90.75
5) Barbeque stands 90.75
6) Newspapers, comics, magazines agents or dealers 205.00
7) Animal hides dealers 205.00
8) Gold dust buyers and dealers 254.00
9) Gold panner per individual 60.00
10) Mequi manufacturer 181.00
11) Goldsmiths with soap 254.00
12) Watch repair shops 254.00
13) Lessor of apartment and buildings:
(a) Residential 423.00
(b) Commercial 605.00
14) Shipping agencies 605.00
15) Coco lumber dealers 605.00
16) Bakery with small unit of oven 302.00
17) Bakery with chambers/baking/heating 665.00
18) Private deep-well drillers 423.00
19) Videotape for rent 423.00
20) Boxing stadium 665.00
21) Boxing contest:
(a) Per day 181.00
22) Theaters with cinematographs:
(a) With balcony and orchestra with seating capacity of 200 to 999 2,036.00
(b) With balcony and orchestra with seating capacity of 1,000 2,544.00
persons and above
(c) With balcony, lodge and orchestra 3,025.00
23) On cockpits
24) Retail of beer 181.00
25) Retail of soft drinks 145.00
26) Combo/mobile sound system operator 665.00
27) Tax on tailoring/haberdashery/dress shops;
(a) 3 to 5 sewing machines 254.00
(b) 6 sewing machines and up 1,064.00

(11) Tax on shippers:

1) Shipper of charcoal 242.00
2) Shipper of large cattle (cows, carabaos, horse) 1,512.00
3) Shipper of Hogs 762.00
4) Shipper of goats 665.00
5) Shipper of chicken 544.00
6) Shipper of dried fish 307.00
7) Shipper of live fish 302.00
8) Shipper of shark fins, oil and tail 302.00
9) Shipper of fresh meat 605.00
10) Shipper of all marine and aquatic products 302.00
11) Shipper of ipil-ipil leaves 302.00
12) Shipper of salago and other raw materials 363.00
13) Shipper of used batteries, empty bottles, plastics, cartoons,
tins, papers, scrap irons and other junk materials

(12) Permit/Inspection Fees on Animals:

1) Large Cattle per Head 50.00
2) Horse 25.00
3) Pigs 20.00
4) Goats 15.00
5) Fowls 10.00
6) Exportation of Live Prawns 1,000.00
7) Exportation of Fishery Products 200.00

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(13) Inspection Fee on Fish, Meat, etc:
1) Fish (fresh or dried) per Thermo Chest 10.00
2) Animal Hide per bundle of 50 kgs. 15.00
3) Meat (fresh or dried) per box 15.00
4) Bagoong (any kind) per 5 gallons 2.00
5) Other Marine and aquatic products per Thermo chest or box 2.00

(14) Auxiliary Invoice Fees:

1) Fish per ton 20.00
2) MOP, Gold Leaf, Black Leaf, Brown Leaf, Trocha Shells, Kapiz
Shells, Green Snail Shells per 50 kgs. 20.00
3) Other Low Value shells per 50 kgs. 20.00
4) Trepang or Lechery de Mor per 50 kgs. 20.00
5) Iced/Dried Squid per 50kgs. 20.00
6) Live/Iced Prawns, Shrimps, & Crabs per 50 kgs. 20.00
7) Iced/Dried Scallop & Crab Meat per 50kg. 20.00
8) Salted Skin of Sea Snake, Crocodiles Sea Reptiles etc. per 25 20.00
kgs.
9) Sponges per 25 kgs. 20.00
10) Bangus Fry, other Fry per pot 25.00
11) Salted Fish, Bagoong (any kind) per ton 20.00

(15) Tax on billboards, signboards and advertisement:

1) Billboards or signboards for advertisements of business, per sq. m.
or any fraction thereof;
(a) Single faced 18.00
(b) Double faced 36.00

2) Billboards or signs or advertisement for business and professions,

painted on any buildings or structure or otherwise separated or 18.00
detached there from, per sq. m. or any fraction thereof
3) Billboards or signs for professional, per sq. m. or any fraction 18.00
thereof
4) Advertisement by means of placards per sq. m. or any fraction 24.00
thereof
5) Advertisements for business or profession by means of slides in 121.00
movie houses or theaters, payable by owners of movie houses or
theaters, annually
6) Advertisement for business or profession by means of film 2,000.00
exhibition payable by owners of movie houses or theaters
7) For the use of electric or neon lights in billboards per sq. m. or 30.00
fraction thereof
8) Mass display of signs (per quarter);
(a) From 100 to 250 display signs 580.00
(b) From 251 to 500 display signs 871.00
(c) From 501 to 750 display signs 1,064.00
(d) From 751 to 1,000 display signs 1,335.00
(e) For more than 1,000 display signs
9) Advertisements by means of vehicles, balloons, kites, etc.;
(a) Per day or fraction thereof 66.00
(b) Per week or fraction thereof 102.00
(c) Per month or fraction thereof 133.00

(16) Annual Tax on Internet Shops 1,000.00

(17) All Cooperatives, including Government-Owned or Controlled Corporations which are granted
with tax exemption but are withdrawn under Section 193 of Republic Act 7160 also known as the
Local Government Code of 1991, based on the gross receipts of the preceding year, the rate of the
tax shall not exceed 1 percent.

(18) On any business not otherwise specified in the preceding paragraphs which the Sanggunian
may deem proper to tax: Provided, that on any business subject to excise, or value added tax or
percentage tax, under the National Internal Revenue Code, as amended, the tax shall not exceed
Two percent of the gross sales or receipts of the calendar year.
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(19) Exemptions- Business engaged in the production, manufacture, refinery, distribution or sale of
oil, gasoline, and other petroleum products shall not be subject to any local tax imposed in this
Article.

(20) Newly started business. In case of a newly started business under Section 406 numbers
1,2,3,4,5,6,7 and 11, the tax shall be paid by quarter, the initial tax for the quarter for which the
business starts to operate is One Twenty-fifth of one percent of the capital investment. In the
succeeding quarter, in case the business opens before the last quarter of the year, the tax shall be
based on the gross sales or receipts for the preceding Section 406 numbers 1,2,3,4,5,6,7 and 11. In
the succeeding calendar year, regardless of when the business started, the tax shall be based on
the gross sales or receipts of the preceding calendar year or any fraction thereof as provided in the
pertinent schedule.

(21) Transfer tax on business- There shall be collected a transfer fee of fifty percent of one percent
from the new owner to whom the business was transferred by sale or other form of conveyance,
based on the total consideration or the actual inventory which shall be paid to the City Treasurer of
Masbate before a permit shall be issued by the City Mayor.

(22) The Basis for Computation of Tax on Business Permits whose gross receipts are not properly
declared shall be the Presumptive Income Level Approach.

SECTION 422. Accrual and Time of Payment. Unless otherwise specifically provided in this Article,
the taxes imposed herein shall accrue on the first day of January of each year and shall be paid
once within the first twenty days of January or in quarterly installments within the first twenty days of
January, April, July and October of each year. The Sangguniang Panlungsod or the Mayor may, for
a justifiable reason or cause, extend the time for payment of such taxes without surcharges or
penalties, but only for a period not exceeding six months.
(1) The tax imposed hereon shall be payable for every separate or distinct establishments or place
where business subject to tax is conducted.
(2) In case where a person conducts or operate two or more of the businesses mentioned in Section
406 of this Code, which is subject to the same rate, the tax shall be computed on the combined total
gross sales or receipts of the two or more related business.

SECTION 423. Situs of Tax.

I. Definition of Terms.
1. Principal Office – the head or main office of the business appearing in the pertinent documents
submitted to the Securities and Exchange Commission or the Department of Trade and Industry
or other appropriate agencies as the case may be.
a. The city or municipality specifically mentioned in the articles of incorporation or official
registration papers as being the official address of said principal office shall be
considered as the situs thereof.
b. In case there is transfer or relocation of the principal office to another city or municipality,
it shall be the duty of the owner, operator or manager of the business to give due notice
of such transfer or relocation to the City Mayor within fifteen days after such transfer or
relocation is effected.
2. Branch of Sales Office – a fixed place in the locality, which conducts operations of the business
as an extension of the principal office. Offices used only as display areas of the products where
no stocks or items are stored for sale, although orders for the products may be received thereat,
are not branch or sales offices as herein contemplated. A warehouse, which accepts orders
and/or issues sales invoices independent of a branch with sales office, shall be considered as a
sales office.
3. Warehouse – a building utilized for the storage of products for sale and from which goods or
merchandise are withdrawn for delivery to customers or dealers or by persons acting in behalf of
the business. A warehouse that does not accept orders and/or issue sales invoices as
aforementioned shall not be considered a branch or sales office.
4. Plantation - a tract of agricultural land planted to trees or seedlings whether fruit bearing or not.
Uniformly spaced or seeded by broadcast methods or normally arranged to allow highest
production. For purposes of this Article, inland fishing ground shall be considered as plantation.
5. Experimental Farms – agricultural lands utilized by a business or corporation to conduct studies,
tests, researches or experiments involving agricultural, agribusiness, marine or aquatic,

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 livestock, poultry, dairy and other similar products for the purpose of improving the quality and
quantity of goods or products.

II. Sales Allocation – The following procedures shall govern in determining the sales allocation;
1. All sales made by a branch or sales office or warehouse located in this City shall be taxable
herein.
2. In case the principal office is located in this city, all sales recorded in the principal office and
those in other localities where there is no branch or sales office or warehouse shall be taxable
herein.
a. If the principal office is located in this city and the factory, project office, plant or
plantation is located in another locality, thirty percent of the sales recorded in the principal
office shall be taxable here.
b. If the factory, project office, plant or plantation is located in this city and the principal
office is located in another locality, Seventy percent of the sales recorded in the principal
office shall be taxable herein. The sales allocation in one and two above shall not apply to
experimental farms.
c. If the plantation is located in this city and the factory is located in another locality, Forty
percent of the Seventy percent sales in two (b) above shall be taxable herein. On the
other hand, if the factory is located in this city, and the plantation is located in another
locality, Sixty percent of the Seventy percent sales in two (b) shall be taxable herein.
d. If the factory, project office, plant or plantation is located in this city and the other
factories, project offices, plants or plantations are located in another localities, this city
shall tax the sales in proportion to the volume of production in the factory, project office,
plant or plantation located herein during the tax period.
e. In the case of project offices or services and other independent contractors, the term
“production” shall refer to the cost of the projects actually undertaken during the tax
period.
3. All sales made by the factory, project office, plant or plantation located in this city shall be
recorded in the branch or sales office which is similarly located herein and shall be taxable by
this city. In case there is no branch or sales office or warehouse in this city but the principal office
is located therein, the sales made in the said factory shall be taxed by this City along with the
sales made in the principal office.
4. In case of manufacturers or producers, which engaged in the services of an independent
contractor to produce or manufacture some of their products, the foregoing rules on the “situs of
taxation” shall apply. However, the factory or plant or warehouse of the contractor utilized for the
production and the storage of the manufacturer’s products shall be considered as the factory or
plant and the warehouse of the manufacturers.
5. All route sales made in this city where the manufacturer, producer, wholesaler, maintains a
branch or sales office or warehouse shall be recorded in the branch or sales office or warehouse
and shall be taxable herein.
6. This city shall tax the sales of the products withdrawn by route trucks from the branch, sales
office or warehouse located herein but sold in another locality.

SECTION 424. Surcharge for Late Payment. Failure to pay the tax imposed in this Article on time
shall subject the taxpayer to a surcharge of Twenty five percent of the original amount of tax due,
such surcharge to be paid at the same time and in same manner as the tax due.
SECTION 425. Interest on Unpaid Tax. In addition to the surcharge for late payment, there shall be
imposed upon the unpaid amount including surcharges an interest of two percent per month from the
due date until the tax is fully paid but in no case shall the total interest on the unpaid amount or
portion thereof exceed thirty-six months.
SECTION 426. Rate of Mayor’s Permit Fee.

(1) The herein rates of annual business permit fees shall be based on the aggregate area utilized by
the business:

(a) Manufacturers; Fee per Annum

(1) Less than 50 sq.m P 1,500.00
(2) 50 to less than 100 sq.m 2,000.00
(3) 100 to less than 500 sq.m 3,000.00
(4) 500 to less than 1,000 sq.m 4,000.00
(5) 1,000 or more sq.ms. 5,000.00

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 (b) Wholesalers, Retailers, Contractors, Eating Places (restaurants, carenderias, soda
fountains, snack counters and similar establishments) and other business not mentioned
in this section.
(1) Less than 100 sq.m 1,200.00
(2) 50 to less than 100 sq.m 1,500.00
(3) 100 to less than 200 sq.m 1,800.00
(4) 200 to less than 500 sq.m 2,200.00
(5) 500 or more sq.m 3,000.00
(c) Fixed Rate of Mayor’s Permit Fee:
(1) Financial institutions and/or lending institutions (pawnshops, banks, insurance
companies, savings and loan associations, financial and/or lending investors,
dealers in securities, education/life plans, memorial life plans, etc.)
(a) Main Office 5,000.00
(b) Per Branch 2,500.00
(2) Money shops, per establishment 2,000.00
(3) Private Warehouse or Bodega:
(a) With principal business located in Masbate City 2,000.00
(4) Amusement Places:
(a) Bar or Cocktail Lounge/Beer Garden 2,500.00
(b) Bowling Establishments 2,500.00
(c) Billiard or Pool Hall, per table 1,500.00
(d) Cabaret/Dance Hall 2,000.00
(e) Coliseum 5,000.00
(f) Concert Hall 2,000.00
(g) Gymnasium/Sports Physical Fitness 2,000.00
(h) Night/Day Club 3,000.00
(i) Off-track Betting Station 3,000.00
(j) Cinema house 3,000.00
(k) Other pleasurable and amusement place 2,000.00
(l) Cockpits 5,000.00
(5) Posting of Security Guards/Security Agency 1,500.00
(6) Learning Institutions;
(a) Nursery, Kindergarten & Similar schools 1,500.00
(7) Amusement Machines, Devices, Contrivances and the like 1,500.00
(8) Automated Teller Machines (in banks and the like, per machine) 500.00
(9) Administrative Offices & Other offices not mentioned 1,500.00
(10) Numbering of Commercial Establishment Fee 150.00
(2) Manufacturers, exporters, importers, wholesalers, and/or retailers of hazardous, toxic, flammable
or explosive materials or products shall pay an additional one hundred percent of the rates
herein prescribed; Provided, further, that when the business is conducted with some other
businesses in the same place, the fee to be collected shall be that which has the highest rate among
the business concerned, plus fifty percent thereof; Provided, that in no case shall a Mayor’s
Permit be assessed to exceed Ten Thousand Pesos per annum.

FEES FOR SEALING AND LICENSING OF WEIGHTS AND MEASURES

SECTION 427. Imposition of Fees. As a requisite for the use of instrument of weights and measures,
every person within the City of Masbate who are using such instruments in his business, profession
or calling shall have them tested and sealed every three months, and pay the fees therefore to the
City Treasurer in accordance with the following schedule:
(1) For sealing linear measures:
(a) Not over one meter P 15.00
(b) Over one meter 30.00
(2) For sealing metric instruments of capacity:
(a) Not over ten liters 15.00
(b) Over ten liters 30.00
(3) For sealing metric instruments of weights:
(a) With capacity of not more than 30 kgs. 20.00
(b) With capacity of more than 30 kgs. but not over 300 kgs. 30.00
(c) With capacity of more than 300 kgs. but not over 3,000 kgs. 50.00
(d) With capacity of more than 3,000 kgs. 60.00
(4) For sealing of platform scale or other precision balances:
(a) Over 30 to 300 kgs. 20.00
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 (b) Over 300 to 3,000 kgs. 50.00
(c) Over 3,000 kgs. 75.00
(d) Truck Scale 500.00
(5) For sealing scale or balance with complete set of weights:
(1) For each scale or balance with complete set of weight:
(a) For use therewith 75.00
(b) For each extra weight 10.00
(6) For sealing of gasoline, diesel and oil pumps, per pump 100.00

SECTION 428. Payment of Fees and Surcharges. The fees herein imposed shall be paid to the City
Treasurer every three months in which case, the same may be renewable on or before the
anniversary date thereof. The official receipt evidencing payment shall serve as a license to use
such instrument for Three months of the sealing unless such instruments become defective before
the expiration period. Failure to have the instruments re-tested and the corresponding fee paid
therefore within the prescribed period, shall subject the owner or user to a surcharge of twenty five
percent of the prescribed fees plus interest of two percent per month or fraction thereof; Provided,
however, that in no case shall the interest exceed thirty six months.
SECTION 429. Exemptions. The following shall be exempted from payment of fees and surcharges;
A. All instruments for weights and measures used in the government work or maintained for public
use by any instrumentality of the government.
B. Instruments of weights and measures intended for sale by manufacturer, importers, and dealers
are exempt from the fees imposed in this Article.

SECTION 430. Secondary Standards Preserved by the City Treasurer. The City Treasurer shall
keep full sets of secondary standards in his office for use in testing of weights and measures. These
secondary standards shall be compared with the fundamental standards in the Department of
Science and Technology at least once a year. When found to be sufficiently accurate, the secondary
standard shall be distinguished by label, tag or seal and shall be accompanied by a certificate
showing the amount of its variation from the fundamental standards. If the variation is of sufficient
magnitude to impair the utility of instrument, it shall be destroyed at the Department of Science and
Technology.

SECTION 431. Destruction of Defective Instruments or Measures. Any defective instrument of

weights and measures shall be destroyed by the City Treasurer or his authorized deputies if its
defect is such that it cannot be readily and securely repaired.

SECTION 432. Inspection of Weights and Measures. The City Treasurer or his duly authorized
representatives shall have the exclusive authority to inspect and test instruments of weights and
measures. The City Treasurer shall designate an official sealer who shall be responsible for the
calibration, testing, sealing and inspection of weights and measures and shall have the authority to
confiscate defective weight instruments for destruction. In case the inspection and testing is
conducted by his authorized representatives, they shall report on the conditions of the instruments in
the territory assigned to them. It shall be their duty to secure evidence of infringements of the law or
of the fraud in the use of weights and measures or of neglect of duty on the part of any office
engaged in the sealing weights and measures. Evidence so secured by them shall be presented
forthwith to the City Treasurer and to the proper prosecuting officer.

SECTION 433. Dealers Permit to Keep Unsealed Weights and Measures. A written permission from
the City Treasurer shall be required before any dealer may keep unsealed instruments of weights
and measures in stock for sale.

SECTION 434. Fraudulent Practices Relative to Weights and Measures. The following acts relating
to weights and measures are prohibited.
A. For any person other than the official sealer or his duly authorized representative to place or
attached an official tag, seal, sticker, mark stamp, brand or other characteristic sign used to
indicate that such instrument of weights and measure has officially been tested, calibrated,
sealed or inspected;
B. For any person to imitate any seal, sticker, mark, stamp, brand, tag or other characteristic sign
used to indicate that such instrument of weights and measure has been officially tested,
calibrated, sealed or inspected;
C. For any person other than the official sealer or his duly authorized representative to alter in any
way the certificate or receipt given by the official sealer or his duly authorized representative as

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 an acknowledgment that the instrument for determining weights and measures has been fully
tested, calibrated, sealed or inspected;
D. For any person to make or knowingly sell or use any false or counterfeit seal, sticker, brand,
stamp tag, certificate or license or any dye for printing or making the same or any characteristic
sign used to indicate that such instrument of weight or measure has been officially tested,
calibrated, sealed or inspected;
E. For any person other than the official sealer or his duly authorized representative to alter the
written figures, letters or symbols on any official seal, sticker, receipt, stamp, tag, certificate or
license used or issued;
F. For any person to use or re use any stored, altered, expired, damage stamp, tag, certificate or
license for the purpose of making it appear that the instrument of weight or measure has been
tested, calibrated, sealed or inspected;
G. For any person engaged in the buying and selling of consumer products or of furnishing services
the value of which is estimated by weight or measure to possess, or maintain with intention to
use any scale or balance, weight and measure that has not been sealed, or if previously sealed,
the license therefore has expired and has not been renewed in due time;
H. For any person to fraudulently alter any scale, balance, weight or measure after it has been
officially sealed;
I. For any person to fraudulently give short weight or measure in the making of a scale;
J. For any person, assuming to determine truly the weight or measure of any article bought or sold
by weight or measure, to fraudulently misrepresent the weight or measure thereof; or
K. For any person to produce the commission of any such offense abovementioned by another.
L. Instruments officially sealed at some previous time which have remained unaltered and accurate
and the seal or tag officially affixed thereto remains intact and in the same position and condition
in which it was placed by the official sealer or his duly authorized representative shall, if
presented for sealing, be sealed promptly on demand of the official sealer without penalty except
a surcharge fixed by law or regulation.

SECTION 435. Compromise Power. The City Treasurer is hereby authorized to settle an offense
that does not involved commission of fraud before a case therefore is filed in court upon payment of
compromise penalty of Three Hundred Pesos.
SECTION 436. Penalties.
(1) Any person who shall violate the provisions of sub-sections (1) to (6) of Section 434 shall, upon
conviction, be subject to a fine of One thousand pesos to Five thousand pesos or by imprisonment
of one month to six months or both, upon the discretion of the court;
(2) Any person who shall violate the provisions of sub-section (7) of Section 434 for the first time
shall be subject to a fine of Five hundred pesos or by an imprisonment of One month or both, upon
the discretion of the court;
(3) The owner-possessor or user of instrument of weights and measures enumerated in sub-sections
(8) to (11) of Section 434 shall, upon conviction, be subject to a fine of Five hundred pesos or
imprisonment of one month or both, upon the discretion of the court.

PERMIT FEE FOR GAFFERS, REFEREES, BET TAKERS PROMOTERS, PIT MANAGERS,
REFEREES AND GAFF WOUND HEALERS
SECTION 437. Definitions.
1. Cockpit (Sabungan/Bulangan) includes any place, compound, building or portion thereof, where
cockfights are held, whether or not money is made on the results of such cockfights;
2. Promoter refers to an individual who alone or with another, is engaged in convening, meeting,
holding and celebration of specially programmed cockfighting like local or international derbies;
3. Gaffer (Para-tadi) is a person knowledgeable in the art of arming fighting cocks with gaffs;
4. Referee (Centenciador) refers to a person who watches and oversees the proper gaffing of
fighting cocks; determines the physical condition of fighting cocks while fighting is in progress,
the injuries sustained by the cocks and their capability to continue fighting and decides and
makes known his decision by word or gesture, the results of the cockfight by announcing the
winner or declaring a tie in a contest or game;
5. Gaff Wound Healer refers to a person who applies medicine or cures wounded fighting cocks
during a fight;
6. Pit Manager refers to a person who professionally, regularly and habitually manages cockfight
therein. He may be the owner or a person employed by the owner of the cockpit.

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SECTION 438. Imposition of Fee. Without prejudice to the fees imposed by other Government
Agencies, there shall be collected the following annual fees from cockpit operators/owners/licensees
and cockpit personnel:
(1) On cockpit operators/owners/licensees;
(a) Application filing fee P 50.00
(b) Annual Cockpit Operator /owner/licensee permit fee 500.00
(2) On cockpit personnel;
(a) Gaffer 100.00
(b) Gaff wound healer 100.00
(c) Referee 200.00
(d) Bet takers 200.00
(e) Pit Manager 300.00
(f) Promoter 500.00

SECTION 439. Time of Payment .

A. The application filing fee is payable to the City Treasurer upon application for a permit or license
to operate and maintain cockpits. The annual cockpit permit fee is also payable upon application
for a permit and within the First twenty days of January of each year in case of the renewal
thereof.
B. The permit fee on cockpit personnel shall be paid to the City Treasurer before they can
participate in a cockfight. Thereafter, the fee shall be paid annually upon renewal of registration
on the First twenty days of January of each year.

SECTION 440. Surcharge for Late Payment. Failure to pay the fee imposed in this Article on time
shall subject the taxpayer to a surcharge of Twenty five percent of the original amount of fee due,
such surcharge to be paid at the same time and in the same manner as the tax due.
SECTION 441. Administrative Provisions .
(1) Ownership, Operation and Management of Cockpit.
The following entities may own, operate or manage a cockpit;
(a) Filipino citizens not otherwise prohibited by existing ordinances or laws;
(b) Cooperatives or corporations, the capitalization of which is One hundred percent (100%)
Filipino-owned and formed/organized and established and licensed for such purpose.
(2) Site and Construction of Cockpit. Cockpit may be established, maintained or operated within the
appropriate areas as prescribed in the Zoning Law and/or Ordinance. In the absence of such law or
ordinance, no cockpit shall be constructed and /or operated within the radius of Two Hundred linear
meters from any existing commercial areas, hospitals, school buildings, churches, or other public
buildings. Approval or issuance of building permits for the construction of cockpits shall be made by
the City Engineer in accordance with the existing National Building Code, ordinance or rules and
regulations.
(3) Requirements for Licensing of Cockpits. The City Mayor is authorized to issue licenses for the
operation and maintenance of cockpits. The following requirements must be fully complied with
before the issuance of such licenses;
(a) New License. Every application for new license to operate or maintain a cockpit shall be
submitted to the Office of the City Mayor accompanied with the following;
(1) The location and vicinity of the cockpit;
(2) The cockpit building plan/design as approved by the City Engineer and his
certification to the effect that the cockpit was constructed in accordance with an
approved plan/design in the area allowed by the Zoning Ordinance;
(3) A certification by the City Engineer to the effect that the location of the cockpit is not
within the radius of two hundred linear meters from the existing residential,
commercial areas, hospitals, school buildings, churches and/or other public places;
(4) Official receipts showing payment of city taxes, permits, fees and charges as
prescribed in accordance with the provisions of the Revenue Code;
(5) Sanitary permit; and
(6) Franchise to operate granted by the Sangguniang Panlungsod of the City of Masbate.
(b) Annual Renewal. Every application for the annual renewal of a license to operate or
manage a cockpit shall be submitted to the City Mayor not later than January 20 of each
year and shall be accompanied with the following;
(1) Official receipts showing payment of City taxes, fees and charges as prescribed in
this Code; and

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 (2) In case the cockpit was constructed more than ten years before the date of the
renewal of application, a certification from the City Engineer to the effect that such
cockpit is free from material, structural or physical hazards.
(4) Cockfighting Officials.
(a) Gaffers, referees, bet takers, promoters, shall not act as such in any cockfight herein
authorized without securing first a license every year on or before January 31;
(b) Bet taker (Kristo) who is regularly employed in a licensed cockpit shall wear a uniform
with a number thereon while in the performance of his duty;
(c) No gambling of any other kind shall be permitted in the premises of the cockpit during
cockfights;
(d) No intoxicating liquor of any kind shall be sold in the premises of any cockpit; neither
shall any firearm or deadly weapon be permitted to be carried within the premises
thereof, except by peace officers in the performance of their official duties.

SECTION 442. Penalty. Any violation of the provisions of this Article shall be punishable by a fine of
One Thousand to Five Thousand Pesos, or an imprisonment of one to six months, or both at the
discretion of the court. Any violation of the provisions of this Article shall be a sufficient cause for the
revocation or cancellation of the license and/or permit granted.

SECTION 443. Applicability Clause . The provisions of Presidential Decree 449 (Cockfighting Law)
of 1974, Presidential Decree 1802 (Creating the Philippine Game Fowl Commission) and such other
pertinent laws, shall apply to all matters regarding the operation of cockpits and the holding of
cockfights in this City.
SPECIAL PERMIT FEE FOR COCKFIGHTING
SECTION 444. Definitions.
1. Cockfighting is a sport of pitting or evenly matching gamecocks to engage in an actual fight
where bets on either side are laid. Cockfighting may also be formed as “cockfighting derby,
pintakasi, or tupada” or it’s equivalent in different Philippine localities;
2. Cockfight (sultada) is the actual fight or physical combat of two pitted or evenly matched
gamecocks, where bets on either side is laid;
3. International Derby refers to the individual cockfight participated in by local and foreign game
cockers or cockfighting aficionados with pot money is awarded to the proclaimed winning entry;
4. Local Derby is an invitational cockfight participated in by game cockers or cockfighting aficionados of the
Philippines with pot money are awarded to the proclaimed winning entry;
5. Special Cockfight means a cockfight held on days other than Sundays and legal holidays and for
a special purpose.

SECTION 445. Imposition of Fees. Without prejudice to the fees imposed by other government
agencies, there shall be collected the following fees per day of cockfighting:
(1) Special cockfight (Pintakasi) P 500.00
(2) Local derby 1,000.00
(3) International derby 5,000.00
(a) In derbies with pot money of more than P 100,000.00 2,500.00
(b) In derbies with pot money of less than P 100, 000.00 1,500.00
(4) Special levies for winning bets shall be paid as follows;
(a) For every sultada for regular or special cockfight (with no derby),
there shall be collected from the owner of the winning cock by the
cockpit owner to be remitted to the City Treasurer 30.00
(b) For every sultada for derbies which shall be collected from the
owner of the winning cock by the cockpit owner to be remitted to
the City Treasurer 100.00

SECTION 446. Time of Payment. The fees herein imposed shall be payable to the City Treasurer
before the holding of cockfight, whether special or derby, except special levies for winning bets
which shall be paid on the first working day immediately after the holding of the cockfight.
SECTION 447. Surcharge for Late Payment. Failure to pay the fees imposed in this Article on time,
shall subject the taxpayer to a surcharge of Twenty five percent of the original amount of tax due,
such surcharge to be paid at the same time and in the manner as the tax due.

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SECTION 448. Administrative Provisions.

A. Permit Required for Special Cockfight: Application therefore; No special cockfights may be
allowed unless authorized by a special permit from the Sangguniang Panlungsod. The application
for such permit shall be filed with the Sanggunian Panlungsod at least thirty days before the event.
Every application shall be signed by the owner/operator or licensee where such special cockfights
are held, and countersigned by the promoter or a representative of the beneficiary to be supported
with the following;
(1) Letter request of the beneficiary to the cockpit owner, operator or lessee to stage
special cockfights in a particular cockpit;
(2) Application letter of the cockpit owner, operator for a special permit;
(3) Recommendation, endorsement or referral by the City Mayor to the Sangguniang
Panlungsod;
(4) In case of derbies in support of national or local fund raising campaign, a copy of the
Presidential Proclamation authorizing the fund raising campaign.

B. Holding of Cockfights – Except as provided in this Article, cockfighting shall be allowed in this City
only in licensed cockpit during Sundays and legal holidays and during local fiestas for not more than
three consecutive days. It may also be held during City agricultural, commercial or industrial fair,
carnival or exposition for a similar period of three consecutive days upon resolution of the
Sangguniang Panlungsod. No cockfighting on the occasion of such fair, carnival, exposition shall be
allowed within the month of a local fiesta or for more than two occasions a year. No cockfighting
shall be held on December 30 (Rizal Day), June 12 (Philippine Independence Day), November 30
(National Heroes Day), Holy Thursday, Good Friday, Election Day or Referendum Day and during
Registration days for such election or referendum.

C. Cockfighting for Entertainment of Tourist or for Charitable Purposes. Subject to the preceding
subsections hereof, the holding of cockfights may also be allowed for the entertainment of foreign
dignitaries or for tourist, or for returning Filipinos, commonly known as “Balikbayan” or for the
support of the national fund-raising campaigns for charitable purposes as may be authorized upon
resolution of the Sangguniang Panlungsod in a licensed cockpit or in playgrounds or parks. This
privilege shall be extended for only one time for a period not exceeding three consecutive days
within a year.

D. Barangay Cockfight During Fiesta Celebration- The Sangguniang Panlungsod by way of

resolution and upon application by the Sangguniang Barangay concerned who will have a barangay
fiesta, may authorize the City Mayor to issue a special permit to the said barangay to hold a
barangay cockfight within the barangay twice a week, except Sundays and legal holidays, for two
months immediately preceding a barangay fiesta upon payment of fees in the amount of Five
Hundred Pesos with the City Treasurer’s Office , provided, however, that the proceeds that may be
derived on this shall accrue to the general fund of the barangay.

E. Penalty – Any violation of the provisions of this Article shall be punishable by a fine of One
Thousand to Five Thousand pesos or an imprisonment of one to six months or both fine and
imprisonment at the discretion of the court.

REGISTRATION OF LARGE CATTLE AND TRANSFER FEE

SECTION 449. Definition. For purposes of this Article, large cattle includes a one-year-old horse,
male ass, carabao or other animals belonging to or member of the mammalian family.

SECTION 450. Imposition of Fee .

A. The owner of the large cattle is required to register his ownership thereof with the City Treasurer
for which a certification of ownership shall be issued to him upon payment of a registration fee of
Ten pesos per head.
B. If the large cattle is sold or its ownership is transferred to another person, the sale or transfer
shall likewise, be registered with the City Treasurer for which a transfer certificate shall be issued
to the purchaser upon payment of a transfer fee of Ten pesos per head.
C. The following fees shall also be collected relative to the registration and transfer of large cattle;
(a) Registration of brand P 100.00
(b) Branding fee per head 30.00
(c) Livestock Development Fund 10.00
(d) Service fee, Miscellaneous Fee 50.00
(e) Late registration of large cattle per head 50.00
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SECTION 451. Time of Payment. The fee imposed herein shall be paid to the City Treasurer upon
registration, transfer, registration of brand and branding of large cattle.
SECTION 452. Administrative Provisions.
A. Large cattle shall be registered with the City Treasurer upon reaching the age of one year;
B. The ownership of large cattle or its sale or transfer of ownership to another person shall be
registered with the City Treasurer. All large cattle presented to the City Treasurer shall be
recorded to the registry book showing the name and residence of the owner; the consideration or
purchase price of the animal in case of sale or transfer, and class, color, age, sex, brand and
other identifying marks. These data shall also be stated in the certificate of ownership issued;
C. If the large cattle is sold or the ownership is transferred to another person, the name and
residence of the vendor or transferor and the vendee or transferee and or reference by number
of the original certificate of ownership with the name of the local government unit that issued it,
shall be indicated in the transfer certificate of ownership that shall be issued by the City
Treasurer except upon the production of the Original Certificate of Ownership and Certificate of
Transfer and such other documents that show title to the owner;
D. A barangay certification from the barangay where said animal originated must be presented
before a certificate of registration/transfer of title shall be issued;
E. The City Treasurer shall designate a revenue collector to conduct registration of large cattle in
the barangays. The collector so designated shall issue an official receipt stating therein all the
fees and charges collected for future references.

PERMIT FEE ON BICYCLE, CARTS AND SLEDGES

SECTION 453. Imposition of Fees. There shall be collected the following annual fees for the
registration and payment for each bicycle or pedaled tricycle being used in this City;
(a) For each bicycle 30.00
(b) For each cart 20.00
(c) For each sledge 25.00

SECTION 454. Time and Manner of Payment. The fee imposed herein shall be paid to the City
Treasurer within the first twenty days of January of each year.
SECTION 455. Administrative Provisions. The City Treasurer shall keep a record of all bicycles,
pedaled tricycle, carts, and sledges, which shall contain the following;
(1) Make and brand of the unit
(2) Name and address of the owner
(3) The number of the metal plate

For this purpose, a sticker shall be provided by the City Treasurer for every pedaled tricycle, carts
and sledges registered in his office. Such sticker shall have corresponding registry number.
POUNDAGE FEE

SECTION 456. Definition.

1. Astray Animal means an animal which is set loose or not under complete control of the owner, or
one in charge or in possession thereof, or found in public or private places whether fattened or
not;
2. Streets and Public Places include national, provincial city, municipal, or barangay streets, parks,
plazas and such other places open to the public;
3. Private Places include privately owned streets, yards, rice fields or farmlands and lots owned by
an individual other than the owner of the animal.

SECTION 457. Imposition of Fees. There shall be collected the following poundage fees for each
day or fraction thereof from the owner of an astray animal:
(1) Large cattle, per head per day P 100.00
(2) All animals, per head per day 50.00
(3) Caretaker fee per head per day 30.00

SECTION 458. Time of Payment. The fee imposed herein shall be paid to the City Treasurer before
the release of the animal to its owners.
SECTION 459. Administrative Provisions.
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A. The Philippine National Police Station Commander in coordination with the City Treasurer shall
apprehend and impound any astray animal, which he shall record in a book for the purpose;
B. The City Treasurer shall cause a notice of the impounding of the animal to be posted at the main
door of the City Hall for five consecutive days, starting one day after the animal is impounded
within which the owner is required to claim and establish proof of ownership thereof;
C. Animals redeemed by the owner, before the same is released, shall first be vaccinated with anti-
rabies serum by the City Veterinarian personnel;
D. If no person shall claim ownership of the animal after the expiration of five days from its
impounding, it shall be sold at public auction under the following procedures;
(a) The City Treasurer shall post a notice for two days in two places including the main door
of the City Hall and in the public market. The animal shall be sold at the highest bidder.
Within two days after the auction sale, the City Treasurer shall make a report of the
proceedings in writings to the City Mayor;
(b) The owner may stop the sale by paying at any time before or during the auction sale, the
poundage fees and the cost of the advertisements and conduct of sale to the City
Treasurer, otherwise, the sale shall proceed;
(c) The proceeds of the sale shall be applied to the cost of the impounding, advertisement
and conduct of the sale. The residue of the costs shall accrue to the general fund of the
City;
(d) In case the impounded animals are not disposed of within two days from the date of the
notice of public auction, the same shall be sold to the government for the amount
equivalent to the poundage fees due.
SECTION 460. Penalty. Owners whose animals are caught astray and incurred damages to plants,
properties and persons shall pay the following;
(1) For first offense P 500.00
(2) For second offense 1,000.00
(3) For third offense 1,500.00
In addition to the fine, the owner shall also pay the amount of the damage incurred, if any to the
property owner or to the persons affected.

DOG LICENSE FEE

SECTION 461. Imposition of Fee. There shall be collected a license fee of Twenty Five pesos and a
registration fee/service fee of Fifteen pesos from every owner of a dog three months old.
SECTION 462. Time of Payment. The fee imposed herein shall be paid within the first twenty days of
January every year. If the dog is acquired after January 20, the fee shall be paid without penalty
within the first twenty after the date of the acquisition.
SECTION 463. Administrative Provisions.
A. The City Treasurer shall keep a record of all the licensed dogs describing the same by name,
color, breed, and sex. He shall also enter the name and address of the owner or keeper thereof;
B. The owner or keeper of any dog licensed under this Article shall provide a leather or metal collar.
He shall also tie the dog within his premises and shall muzzle the same if set loose outside his
premises;
C. All dogs upon reaching the age of three months old shall be subjected to mandatory anti-rabies
vaccination to be conducted by the City Veterinarian upon payment of a dog license fee.

PERMIT FEE ON PARADE

SECTION 464. Imposition of Fee. There shall be collected a permit fee of One Hundred Fifty Pesos
per day for every circus, or menagerie, parade or other parade using banners, floats or musical
instruments and/or assembly held in this City.

SECTION 465. Exemption. Civic and military parades and religious processions shall be exempt
from the payment of the permit fee imposed herein.

SECTION 466. Time of Payment . The fee imposed in this Article shall be paid to the City Treasurer
upon application for Mayor’s Permit.

SECTION 467. Administrative Provision. Any person that shall hold a parade within this City shall
first obtain a permit from the City Mayor before undertaking the activity. For this purpose, a written
application in a prescribed form shall set forth the name and address of the applicants, the
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description of the activity, the place where the same will be conducted and such other pertinent
information or data as may be required.

REGISTRATION FEES ON FISHING BOATS AND MOTORBOATS

SECTION 468. Imposition of Fees. There shall be collected the following annual registration fees
from the owner of each fishing boats, motorboats of three tons or less operating within this City;
(1) Motorized with engine less than 10 horsepower P 150.00
(2) Motorized with engine of 10 horsepower or more 300.00
(3) Non-motorized 30.00

SECTION 469. Time and Manner of Payment. The fee herein imposed shall be paid to the City
Treasurer within the first twenty days of January or within the first twenty days of each calendar
quarter.

SECTION 470. Administrative Provision. The City Treasurer shall keep a register of all fishing boats,
motor boats or bancas which shall contain the name and address of the owner, corresponding
registry number, make or kind of engine and the like.

FEE ON THE SALE OF LARGE CATTLE BY PERSON OTHER THAN THE ANIMAL RAISER

SECTION 471. Imposition of Fee. There shall be collected a fee for the sale of large cattle by person
other than the animal raiser himself within the jurisdiction of this City.
(1) Large cattle, per head P 75.00

SECTION 472. Time of Payment. The fee imposed in this Article shall be paid to the City Treasurer
by the person who, other than the animal raiser, sells large cattle before the City Treasurer issues
the corresponding transfer certificate of ownership of large cattle.

SECTION 473. Administrative Provision. Every transfer of ownership of large cattle by the person
other than the animal raiser shall be recorded by the City Treasurer in a registry book for such
purpose. Every transfer of large cattle shall be made only upon presentation of a certification from
the Barangay Captain where the cattle comes from as proof that the same has been lawfully
acquired from the owner thereof.

SPECIAL PERMIT FOR PROMOTIONAL SALE AND ADVERTISEMENT

OF CERTAIN PRODUCTS

SECTION 474. Scope. This Special Permit shall govern the imposition and collection of fees from
promotional sale and advertisement-related activities.

SECTION 475. Coverage. This shall cover all transient businesspersons who conduct promotional
sale and advertising in the City of Masbate. Business establishments with duly approved business
license and has a place of business in the City shall not be required to secure a Special Permit
provided that such activities are conducted within their licensed establishments.

SECTION 476. Definition.

1. Advertisement - a notice or announcement in a public medium promoting a product, service or
event;
2. Person - every natural or juridical being susceptible of rights and obligations or of being subject
to legal relations;
3. Permit-an official document giving someone authorization to do something;
4. Product - an article that is produced or manufactured for sale;
5. Promotional Sale - the act of promoting, advertising or selling of products from house to house,
office to office, store to store not carried by a duly licensed establishment or, in the case of
licensed business, when such activity is conducted outside the place of business.

SECTION 477. Imposition of Fees. A Special Permit shall be issued to any person or individual who
shall conduct a promotional sale or advertisement of certain products. The following fees shall be
charged on a daily basis;
(1) Promotional sale of liquor, beverage, cigarettes P 300.00
(2) Promotional sale of medicines and cosmetics 150.00
(3) Promotional sale of detergents and the like 100.00
(4) Promotional sale of dairy products and similar commodities 100.00
(5) Promotional sale of devices or equipments
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 (whether manual or electronics) 150.00
(6) Promotional sale of kitchen wares and aluminum products 150.00

SECTION 478. Time of Payment . The fees imposed in this Article shall be paid to the City Treasurer
by the person applying for a Special Permit before a promotional activity can be lawfully pursued in
the city.

SECTION 479. Administrative Provision. All persons who shall engage in the promotion and or
advertisement of intoxicating liquors, beverages, cigarettes, detergents, dairy products and other
similar commodities; electronic devices/ equipments and kitchen wares are hereby required to
secure a Special Permit from the City Mayor before conducting such activity. Every permit issued
shall bear the name of the applicant, the place, time, and description of the activity and such other
pertinent information as may be necessary. It shall be unlawful for any person or individual to
conduct any promotional and or advertisement activities within the City of Masbate, without an
approved permit issued for the purpose.

SECTION 480. Penalty. Violation of any provision of this Article shall subject the owner, manager or
promoter with the following sanctions:
(1) 1st Offense - written warning
(2) 2nd Offense - fine of P 1,000.00
(3) 3rd Offense - confiscation of products plus a fine of 2,000.00

SPECIAL PERMIT FOR THE EXERCISE OF OCCUPATION OR CALLING

SECTION 481. Scope. This shall govern the levy and collection of an annual Occupational Permit
Fee from every person who is employed or working in all private business establishments operating
within the City of Masbate.

SECTION 482. Definition of Terms.

1. Occupation/Calling – refers to a job requiring manual skills and special trainings to the exclusion
of professionals that entail prolonged trainings and Professional Regulation Commission Board
Examination;
2. Fee – a charged fixed by law or ordinance for the regulation or inspection of an activity;
3. Permit – a written license issued by an authority to someone for some right or opportunity;
4. Person – a natural being susceptible of rights and obligations or being subject to legal relations.

SECTION 483. Imposition of Fees, There shall be collected an Annual Occupational Permit Fee
from every person who shall practice or exercise his occupation or calling in accordance with the
following:

ONE HUNDRED PESOS – Actor, actress, attendant, animal trainer, auctioneer, band/combo leader,
bondsman, bondswoman, bar and floor manager, club singer, detail man, driving instructor, flight
attendant, forensic expert, hand writing expert, hospitality girl, insurance adjuster, martial arts
instructor, masseur, merchandiser, music and dance instructor, player, promoter, sponsor of boxing
or show, promo girls, radio announcer, and technician, receptionist and sales agents. Bagger,
barber, bartender, beautician, butcher, cashier, chambermaid, construction worker, cook, crew,
(kitchen, pantry, service counter) delivery crew, electrician, fortune teller, golf caddie, guest relation
officer, hairstylist, house painter, life guard, make-up artist, manicurist, master cutter, mechanic,
photographer, plumber, porter, sales clerk, security guard, stage performer, taxi/jeepney driver,
technician, tourist guide, usher, usherette, waiter/ waitress, watchman, workers under the employ or
recruitment agencies such as arrastre laborer.

SECTION 484. Time of Payment. The Occupational Permit Fee shall be paid to the City Treasurer
before any occupation or calling can be lawfully pursued in the City.

SECTION 485. Surcharge for Late Payment .Failure to pay the fees imposed herein on time shall
subject the offender to a surcharge of Twenty Five percent of the original amount of fees due.

SECTION 486. Administrative Provisions .

A. It shall be unlawful for any person to exercise his occupation or calling within the jurisdiction of
the City without acquiring the individual Occupational Permit. The owners/proprietors/employers
of business establishments shall require their employees to secure a permit before said workers
shall be allowed to practice their occupation.
B. All persons applying for a permit shall first secure a Police Clearance and Health Certificate
before he can be issued with Occupational Permit Card, which shall set forth the name, address
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 of the applicant, the description of occupation or work, place, date of birth, age, civil status and
such other pertinent data as may be required.
C. It shall be the duty of the Business Permit and Licensing Officer under the Office of the Mayor to
inspect all employees working in business establishments to ensure compliance of this Article.

SECTION 487. Exemption. Employees working in the government shall be exempt from the
payment hereof.

SECTION 488. Penalty. Penalties under this Article shall be in accordance with the following:
(1) Owners / proprietors/Employers of business establishments who shall allow any person to work
in his establishment without the required permit as required in this Article, shall be penalized in
accordance with the following;
(a) First Offense - fine of P500.00
(b) Second Offense - fine of P 1,000.00
(c) Third Offense - fine of P 1,500.00 or an imprisonment not exceeding six
months or both at discretion of the court.

SPECIAL PERMIT FEE FOR SELLING/SERVING LIQUOR DURING PROHIBITED TIME

SECTION 489. Statement of Policy. It is the fundamental concern of the state to protect its
inhabitants and to ensure their comfort, safety and convenience, the City Government of Masbate
hereby imposes the following policies;

SECTION 490. Definition of Terms.

1. Fee– a charge fixed by an ordinance for the regulation or inspection of an activity.

SECTION 491. Special Permit Fee for Selling/Serving Liquor during Prohibited Time.
(1) Regulatory Acts:
(a) No licensed liquor dealer shall sell or serve liquor before 8:00 a.m and after 10:00 p.m.,
except for sari-sari stores, which are allowed only to sell from 8:00 a.m. to 6:00 p.m. A
Special Permit may be issued, however, upon payment of an annual fee in the amount of
One Thousand Five Hundred Pesos to a qualified establishment, which shall be allowed
to sell liquors from 10:00 p.m., but not beyond 2:00 a.m.
(b) Special permit may be issued to qualified amusement places to serve or dispense liquor
beyond 10:00 p.m. but not beyond 3:00 a.m., upon payment of Three Thousand Five
Hundred Pesos annually.
(c) It shall be unlawful for any person to sell, buy, or otherwise dispense of any kind of hard
drinks or liquor from any sari-sari store within the jurisdiction of Masbate City from 6:00
p.m. to 8:00 a.m.

SECTION 492. Regulatory Fees. There shall be collected an additional fees for the following;
(1) Kinds of Liquors Regulatory fees per annum
Wholesale Retail
(a) Important Liquor P 3,500.00 1,500.00
(b) Domestic Liquor (Local Wine) 1,000.00 250.00
(c) Fermented Liquor (Beer) 600.00 200.00
(d) Vino 300.00 150.00
(e) Tuba, Basi or Tapuy 200.00 100.00

(2) Fees on Amusement Places - There shall be collected a regulatory fee on amusement places
like night clubs, bars, cocktail lounges, beer gardens, disco houses, videoke bars, cabarets,
ballroom dancing halls, sing-a-long pub houses, and other similar establishments, to wit;
Fees
(a) Imported Liquor P 4,000.00
(b) Domestic Liquor (Local Wine) 4,000.00
(c) Fermented Liquor (Beer) 3,000.00
(d) Vino 500.00
(e) Tuba, Basi or Tapuy 500.00

SECTION 493. Time of Payment. The fees herein imposed shall be paid to the City Treasurer or his
duly authorized representative before the issuance of the Special Permit which shall be renewable
annually on or before twentieth of January of each year.

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SECTION 494. Penalty. Any person found violating any provision hereof, shall be penalized in
accordance with the following;
1st Offense - fine of P 1,500.00
2nd Offense - fine of P 3,500.00
3rd Offense - fine of P 5,000.00 or an imprisonment not exceeding six
months, or both, at the discretion of the court.

TOURISM FEES

SECTION 495. Registration .A registration fee shall be imposed on all tourism establishments,
whether operating as principal, branch or extension office within Masbate City payable and without
prejudice to the collection of taxes, fees and surcharges imposed under existing laws, ordinances,
regulations and other local issuances. An annual registration fee shall be imposed as follows;
(1) Tourist Oriented:
(a) Resort :
(1) Class “AAA” P 1,500.00
(2) Class “AA” 1,000.00
(3) Class “A” 500.00
(b) Tourist inn/Pension house 1,000.00
(c) Travel Agency 2,000.00
(d) Tour Guide 100.00
(e) Condo/Apartelle:
(1) Less than 50 rooms 1,000.00
(2) 50 to 100 rooms 2,000.00
(3) More than 100 rooms 3,000.00
(2) Tourism- related Establishments:
(a) Amusement Centers 500.00
(b) Fitness Centers (gym, slimming salons) 500.00
(c) Health Clubs (spa, aroma, therapy, massage) 500.00
(d) Training Centers (voice, dance, language schools) 500.00
(e) Restaurants (fine dining, fast-food, snack centers) 500.00
(f) Tourist Transport 500.00
(g) Cocktail Lounges, Bars, Day/Night Clubs, Music/KTV Lounges 500.00
(h) Hotels:
(1) Deluxe 5,000.00
(2) First Class 3,000.00
(3) Standard 2,500.00
(4) Economy 1,000.00

SECTION 496. Time of Payment. The fees imposed in this Article shall be paid to the City Treasurer
within the first twenty day of January upon application for a registration with the Office of the City
Mayor.
BUILDING PERMIT FEE
SECTION 497. Imposition of Fees. Every person, firm, corporation, including government agencies
who shall construct, erect, alter, move, convert or demolish any building or structure shall first
secure a Building Permit from the Office of the City Engineer or Building Official and pay the fees
imposed hereof.

SECTION 498. Bases of Assessment. The following shall be the bases for the proper
implementation of this article;
1. Character of occupancy or use of building or structure
2. Cost of construction
3. Floor area
4. Height
Regardless of type, the cost of construction of any building/ structure for the purpose of assessing
the corresponding fees shall be based on the following table:

Table I. G.1. On fixed Cost of Construction, per sq. meter -

LOCATION GROUP
Within the City of A, B, C, D, E, G, H, I F J
Masbate P 10,000.00 P 8,000.00 P 6, 000.00

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SECTION 499. General Classification of Use /Character of Building /Structure.
Group A (Residential Dwellings)
Division A-1 building /structure - (Residential for exclusive use of single family)
1. Indigenous family dwelling units
2. Single-detached units
3. School or company staff housing
4. Single (nuclear) family dwellings
5. Churches or similar places of worship
6. Church rectories
7. Community facilities and social centers
8. Parks, playgrounds, pocket parks, parkways, promenades and play lot
9. Clubhouses and recreational uses such as golf courses, swimming pools, tennis and
basketball courts, and similar uses operated by the government or private operated by
the government or private individuals as membership organization for the benefit of their
members, families, and guests not operated primarily for gain.
Division A-2- (Residential building for the exclusive use of non-leasing occupants not exceeding 10
persons)
1. Single- attached or duplex or town-houses, each privately owned
2. School dormitories (on campus)
3. Convents and monasteries
4. Military or police barracks/ dormitories
5. All uses allowed in Division A-1 (or for R- 1 class) building /structure
6. Pre-schools, elementary and high schools, provided that they do not exceed sixteen
classroom
7. Outpatient clinics, family planning clinics, lying-in clinics, diagnostic clinics,
medical and clinical laboratories

8. Branch library and museum

9. Steam /dry cleaning outlets
Group B – Residential (Structure, Hotels and Apartments) Buildings
Division B-1 – Residential
1. All uses permitted in Divisions A-1 and A- 2 (or for R-1 class R-2 class building
/structures.
2. Leased single-detached dwelling unit, cottage with more than one
independent unit and duplexes.
3. Boarding and lodging houses
4. Multiple-housing units for lease or still for sale
5. Townhouses, each privately owned
6. Boarding houses
7. Accessories (shop –houses), row houses, townhouses, tenements and apartments
8. Multiple privately-owned condominium units or tenement houses (residential building for
the exclusive use of non-leasing occupants not exceeding ten persons and of low-rise
type (up to five) stories maximum building height)
9. Hotels, motels, inns, pension houses and apartels
10. Private or off-campus dormitories
11. Elementary schools and high schools provided that these would not exceed twenty
classrooms.
Group C- Educational and Recreation
Division C-1 (Educational)
1. Educational installations like schools, colleges, universities, vocational, convents
institutions, seminaries, including school auditoriums, gymnasia reviewing stands, little
theaters, concert halls, opera houses.
2. Seminar /workshop facilities.
3. Training centers /facilities
4. Libraries, museums, exhibition halls and art galleries
5. Civic centers, clubhouses, lodges, community centers.
6. Churches, mosque, temples, shrines, chapels and places or work ship
7. Civic or government centers
8. Other types of government buildings
Division C-2 (Recreational)
1. Amusement halls and parlors
2. Message and sauna parlors
3. Health studios and reducing salons
4. Billiard halls, pool rooms, blowing alleys and golf clubhouses
5. Dancing schools, disco pads, dance and amusement halls
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 6. Gymnasia, pelota courts and sports complex
Group D- Institutional (Government and Health Services Group)
Division D-1 (Institutional, where personal liberties of in-mates are restrained, or quarter of those
rendering public assistance and maintaining peace and order)
1. Mental hospitals, mental sanitaria and mental asylums
2. Police and fire stations, guard houses
3. Jails, prisons, reformatories and correctional institutions
4. Rehabilitation center
5. Leprosaria and quarantine station
Division D-2 (Institutional, buildings for health care)
1. Hospitals, sanitaria, and homes for the aged
2. Nurseries for children of Kindergarten age or non-ambulatory Patients accommodating
more than five persons.
Division D-3 - (Institutional for ambulatory patients or children over kindergarten age)
1. Nursing homes for ambulatory patients
2. School and home, for children over kindergarten age
3. Orphanages
Group E- Business and Mercantile (Commercial)
Division E-1 - (Business and Mercantile, where no work is done except change of parts and
maintenance requiring no open flames, welding, or use of highly flammable liquids)
All uses allowed in Division B-1 (or for R- 3 class) buildings /structures
1. Gasoline filling and service stations.
2. Storage garage and boat storage.
3. Commercial garages and parking buildings, display for cars, tractors, etc.
4. Bus and railways depots and terminals and offices
5. Port facilities
6. Airports and heliport facilities
7. All other types of transportation complex
8. All other types of large complexes for public services
9. Pawnshops, money shops, photo and portrait studios, shoe shine, repair stand, retail
drugstores, tailoring and dress shops.
10. Bakeshops and bakery goods stores
11. Stores for construction supplies and building materials such as electrical and electrical
and electronics, plumbing supplies, ceramic clay cement and other similar products
except CHBs, gravel and sand and other concrete products.
Division E-2 - (Business and Mercantile in nature)
1. Wholesale and retail stores
2. Shopping centers, malls and supermarkets
3. Wet and dry markets
4. Restaurants, drinking and dining establishments with less than one hundred (100)
occupancies.
5. Day /night clubs, bars, cocktails, sing-along lounges, bistros, pubs, beer gardens
6. Bakeries, pastryandbakeshops.
7. Office buildings
8. Financial Institutions
9. Printing & publishing plants and officers
10. Engraving, photo developing and printing shops
11. Photographer and painter studios, tailoring and haberdashery shops
12. Factories and workshops, using less flammable or non-combustible materials
13. Battery shops and repair shops
14. Paint stores without bulk handling
15. Funeral parlors
16. Memorial and mortuary chapels, crematories
17. Columbarium
18. Telephone and telegraph exchanges
19. Telecommunications, media and public information complexes including radio and TV
broadcasting studios
20. Cell (mobile) phone towers
21. Battery shops and auto repair shops
22. Police and Fire stations
23. Glassware and metal ware stores, household equipment and appliance shops
24. Manufacture of insignia, badges and similar emblems except metal
25. General retails establishments such as curio or antique shops, pet shops and aquarium
stores, bookstores, art supplies and novelties, jewelry shops, liquor wine stores and
flower shops
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 26. Employment /recruitment agencies, news syndicate services and office equipment and
repair shops and others offices
27. Watch sales and services, locksmith and other related service
28. Other stores and shops for conducting retail business and local shopping
establishments
29. Radio, television and other electrical appliance repair shops
30. Furniture, repair and upholstering job
31. Computer stores and video shops, including repairs
32. Internet cafes and cyber stations
33. Garment manufacturing with no more than twenty machines
34. Signboard and streamer painting and silk screening
35. Car barns for jeepneys and taxis not more than six units
36. Lotto terminals, off-fronton, on-line bingo outlets and off-track betting stations
37. Gardens and landscaping supply /contractors
38. Printing, typesetting, copiers and duplicating services
39. Photo supply and developing
40. Restaurants, canteens, eateries, delicatessen shops, confectionery shops and carwash
with minimum 100 sq. meters service area
41. Physical fitness gyms /centers
Division E-3 - (Business and Mercantile, where no repair work is done except exchange of parts
and maintenance requiring no open flames, welding or use of highly flammable liquid)
All permitted uses in Division E-1 (or for C-1 and C-2 class) buildings.
1. Aircrafts hangars
2. Commercial parking lots and garages
3. Department stores, shopping malls, centers, commercial and sports complexes areas
4. Institutional uses as university complexes
5. Other commercial /business activities not elsewhere classified (i.e.)
Group F –Industrial (Non – Collusive/Non –Hazardous Industries and Non Pollute,
Hazardous Industries)
Division F-1 - (Light Industrial)
1. Ice and cold storage buildings
2. Power plants (thermal, hydro or geothermal)
3. Pumping plants (water supply, storm drainage, sewerage, irrigation and waste treatment
plants)
4. Dairies and creameries
5. Rice mills and sugar centrals
6. Breweries, bottling plants, canneries, and tanneries
7. Factories and workshops using incombustible or non-explosive materials
Group G –Storage and Hazardous Industrial (Collusive /Non-Hazardous Industries and
Collusive / Hazardous Industries Only)
Division G-1-(Medium Industrial, which shall include storage and handing of hazardous and highly
flammable materials)
1. Storage tanks, buildings for storing gasoline, acetylene, LPG, calcium, carbides,
oxygen, hydrogen, and the like
2. Armories, arsenals and munitions factories
3. Match and fireworks factories
4. Plastics resin plants (monomer and polymer)
5. Plastics compounding and processing plants
6. Acetylene and oxygen generating plants
7. Cooking oil and soap processing plants
8. Factories for highly flammable chemicals
9. Water and power generation /distribution complexes
10. Liquid and solid waste management facilities
11. All other types of large complexes for public utilities
Division G-2 (Medium Industrial buildings for storage and handling of flammable materials)
1.All uses permitted in I-1 class
2.Dry cleaning plants using flammable liquids
3.Paint stores with bulk handling
4.Paint shops and spray painting rooms
5.Sign and billboard painting shops
Division G-3 - (Medium Industrial buildings for wood working activities, papers, textiles cardboard
manufacturers, and garment factories)
1. Wood working establishments, lumber and timber yard
2. Planning mills and sawmills, veneer plants
3. Wood drying kilns
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 4. Pulp, paper and paperboard factories
5. Wood and cardboard box factories
6. Textile and cardboard box factories
7. Grains and cement silos
8. Warehouses where highly combustible materials are stores
9. Factories where loose combustible fiber, dirt is manufactured processed or generated
10. Garment and undergarment factories
Division G-4 - (Medium Industrial, for repair garages and engine manufacture)
1. Repair garages and shops
2. Factories for engines and turbines and attached testing facilities
Division G-5 - (Medium Industrial, for aircraft facilities)
1. Hangars
2. Manufacture and assembly plants of aircraft engine
3. Repairs and testing shops for aircraft engines and parts
Group H- Assembly for less than 1,000 (Cultural and /or Recreational)
Division H-1 - (Recreational, which are assembly buildings with stage and have an occupant load
of less than 1,000)
1. Theaters and auditoriums
2. Concert halls and open houses
3. Convention halls
4. Little theaters, audio –visual rooms
Division H-2 - (Recreational, which are assembly buildings with stage and have an occupant load
of 300 or more)
1. Dance halls, cabarets, ballrooms
2 .Skating rinks
3. Cockfighting arenas
Division H-3 - (Recreational, which are assembly buildings with stage and have an occupant load
of less than 300)
1. Dance halls, ball rooms
2. Skating rinks
Division H-4 - (Recreational, tourism estate developments or tourism–oriented establishments
which are structures not included in Division H-1)
1. Sports stands
2. Reviewing stands
3. Grandstand and bleachers
4. Covered amusement parks
5. Boxing arenas, jai-alai stadiums
6. Race tracks and hippodromes
7. All types of resort complexes
8. All other types of amusement and entertainment complexes
Group I – Assembly more than 1,000 (Cultural and /or Recreational)
Division I-1 - (Recreational, Assembly Buildings with stage and an occupant load of 1,000 or more
in the building)
1. Coliseum and sports complexes
2. Theaters and convention centers
3. Concert halls and open houses
4. Convention centers
Group J – Accessory (Agricultural and other Occupancies /Uses not specifically mentioned under
Groups A through I)
Division J-1 - (Agricultural structures)
1. Sheds
2. Barns
3. Poultry houses
4. Piggeries
5. Hatcheries
6. Stables
7. Greenhouses
8. Granaries
9. Silos
Division J-2 - (Accessory)
1. Private garages, carports
2. Towers, smokestacks and chimneys
3. Swimming pools including shower and locker room
4. Fence over 1.80 meters high, separate fire walls
5. Steel and /or concrete tanks
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 Division J-3
1. Stages, platforms and similar structures
2. Pelota, tennis, badminton or basketball courts
3. Tombs, mausoleums niches
4. Aviaries and aquariums and zoo structures
5. Banks and record vaults

SECTION 500. Filing Fee . (Non Refundable

1. Cost of Construction Fee
a. Up to 100,000.00 150.00
b. Over 100,000.00 to 300,000.00 250.00
c. Over 300,000.00 to 500,000.00 350.00
d. Over 500,000.00 to 1,000.000.00 500.00
e. Over 1,000,000.00 600.00
2. Line and Grade
All sides fronting or abutting / streets, rivers, and creeks
a. First 10 meters 100.00
b. Every meter or fraction thereof
in excess of 10 meters 10.00
3. All other sides:
Every meter or fraction thereof 5.00

SECTION 501. Construction /addition/renovation/alteration of building/structures under Group/s and

Divisions shall be assessed as follows.

Division A-1
Area in sq. meters Fee/sq. m.
1. Original complete construction up to 20.00 sq. meters P 2.00
2. Additional/renovation/alteration up to 20.00 sq. meters
regardless of floor area of original construction 2.40
3. Above 20.00 sq. meters to 50.00 sq. meters 3.40
4. Above 50.00 sq. meters to 100.00 sq. meters 4.80
5. Above 100.00 sq. meters to 150 sq. meters 6.00
6. Above 150.00 sq. meters 7.20
Sample Computation for Building Fee for a 75.00 sq. meters floor area:
Floor area = 75.00 sq. meters
Therefore area bracket is 3.a.iv
Fee = P 4.80 /sq. meter
Building Fee = 75.00 x 4.80 = P 360.00

Division A-2
Area in sq. meters Fee/sq. m.
1. Original complete construction up to 20.00 sq. meters 3.00
2. Additional/renovation/alteration up to 20.00 sq. meters
regardless of floor area of original construction 3.40
3. Above 20.00 sq. meters to 50.00 sq. meters 5.20
4. Above 50.00 sq. meters to 100.00 sq. meters 8.00
5. Above 150.00 sq. meters 8.40

Division B-1/C-1/E-1, 2, 3/F-1/G-1 2, 3, 4/I-1 and J-1, 2, 3

Area in sq. meters Fee sq. m.
1. Up to 500 23.00
2. Above 500 to 600 22.00
3. Above 600 to 700 20.50
4. Above 700 to 800 19.50
5. Above 800 to 900 18.00
6. Above 900 to 1,000 17.00
7. Above 1,000 to 1,500 16.00
8. Above 1,500 to 2,000 15.00
9. Above 2,000 to 3,000 14.00
10. Above 3,000 12.00
NOTE: Computation of the building fee for Section 501.c is cumulative. The total area is split up into
sub-areas corresponding to the area bracket indicated in the table above. Each sub-area and the
fee corresponding to its area bracket are multiplied together. The building fee is the sum of the
individual products as shown in the following example:
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 Sample Computation:
Building Fee for a building having a floor area of 3,200 sq. meters:
1. First 500 sq. meters @ 23.00 P 11,500.00
2. Next 100 sq. meters @ 22.00 2,200.00
3. Next 100 sq. meters @ 20.50 2,050.00
4. Next 100 sq. meters @ 19.50 1,950.00
5. Next 100 sq. meters @ 18.00 1,800.00
6. Next 100 sq. meters @ 17.00 1,700.00
7. Next 500 sq. meters @ 16.00 8,000.00
8. Next 500 sq. meters @ 15.00 7,500.00
9. Next 1,000 sq. meters @ 14.00 14,000.00
10. Next 200 sq. meters @ 12.00 2,400.00
Total Building Fee P 53,100.00

Division C-2/D-1, 2, 3
Area in sq. meters Fee per sq. m.
1. Up to 500 P 12.00
2. Above 500 to 600 11.00
3. Above 600 to 700 10.20
4. Above 700 to 800 9.60
5. Above 800 to 900 9.00
6. Above 900 to 1,000 8.40
7. Above 1,000 to 1,500 7.20
8. Above 1,500 to 2,000 6.60
9. Above 2,000 to 3,000 6.00
10. Above 3,000 5.00
NOTE: Computation of the building fee under Section 501.d follows example of Section 501. c of
this schedule.
Division J-2 structure shall assessed 50% of the rate of the principal building of which they are
accessories (Section 501. a to d).

SECTION 502. Electrical Fees .The following schedule shall be used for computing electrical fees in
residential, institutional, commercial and industrial structures.
(a) Total Connected Load (KVA) Fees
1. Over 5 KVA or less P 200.00
2. Over 5 KVA to 50 KVA 200.00 + 20.00/KVA
3. Over 50 KVA to 300 KVA 1,100.00 + 10.00/KVA
4. Over 300 KVA to 1,500 KVA 3,600.00 + 5.00/KVA
5. Over 1,500KVA to 6,000 KVA 9,600.00 + 2.50/KVA
6. Over 6,000 KVA 20,850.00 + 1.25/KVA
NOTE: Total Connected load as shown in the load schedule.
(b) Total Transformer/Uninterrupted Power Supply (UPS) /Generator Capacity
(KVA)
1. 5 KVA or less P 40.00
2. Over 5 KVA to 50 KVA 40.00 + 4.00/KVA
3. Over 50 KVA to 300 KVA 220.00 + 2.00/KVA
4. Over 300 KVA to 1,500 KVA7 20.00 + 1.00/KVA
5. Over 1,500KVA to 6,000 KVA 1,920.00 + 0.50/KVA
5. Over 6,000 KVA 4,170.00 + 0.25/KVA
NOTE: Total Transformer/UPS/Generator Capacity shall include all transformers, UPS and
generators which owned/installed by the owner/applicant as shown in the electrical plans and
specifications.
(c) Pole/Attachment Location Plan Permit
1. Power Supply Pole Location 30.00
2. Guying Attachment 30.00
This applies to designs/installation within the premises.
(d) Miscellaneous Fee – Electric meter for union, separation, alteration, reconnection or
relocation and issuance of Wiring Permit
Use or Character of Electric Meter Wiring Permit
Occupancy Issuance
1. Residential P 15.00 15.00
2. Commercial/Industrial 60.00 36.00
3. Institutional 30.00 12.00

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 (e) Formula For Computation of Fees - The Total Electrical Fees shall be the sum of subsections
a) to d), Section 502 of this Article.
(f) Forfeiture of Fees - If the electrical work or installation is found not in conformity with the
minimum safety requirements of the Philippine Electrical Codes and the Electrical Engineer
Law (RA 7920), and the owner fails to perform corrective actions within the reasonable time
provided by the Building Official, the latter and/or their duly authorized representatives shall
forthwith cancel the permit and the fees thereon shall be forfeited.

SECTION 503. Mechanical Fees.

(a) Refrigeration, Air Conditioning and Mechanical Ventilation:
1. Refrigeration (cold storage), per ton or fraction P 40.00
2. Ice Plants, per ton or fraction thereof 60.00
3. Packaged/Centralized Air Conditioning Systems:
up to 100 tons, per ton - 90.00
4. Every ton or fraction thereof above 100 tons 40.00
5. Window type air conditioners, per unit 60.00
6. Mechanical Ventilation, per KW or fraction thereof
of blower or fan, or metric equivalent 40.00
7. In a series of AC/REF systems located in one establishment, the total installed
tons of refrigeration shall be used as the basis of computation for purposes of
installation or inspection and shall not be considered individually.
8. For evaluation purposes-
a) For Commercial /Industrial Refrigeration without Ice Making (refer to Section 240 a. 1)
1) 1.10 KW per ton, for compressors up to 5 tons capacity.
2) 1.00 KW per ton, for compressors above 5 up tons capacity.
3) 0.97 KW per ton, for compressors above 50 tons capacity.
b) For Ice making (refer to Section 240 a. 2):
1) 3.50 KW per ton, for compressors up to 50 tons capacity
2) 3.25KW per ton, for compressors above 5 up tons capacity.
3) 3.00 KW per ton, for compressors above 50 tons capacity.
c) For Air conditioning (refer to Section 240 a.3)
1) 0.90 KW per ton, compressors 1.2 to 5 tons capacity.
2) 0.80 KW per ton, for above 5up to 50 tons capacity.
3) 0.70 KW per ton, for compressors above 50 tons capacity.
(b) Escalators and Moving Walks, funiculars and the like:
1. Escalator and moving walk, per KW or fraction thereof1 P 10.00
2. Escalator and moving walks up to 20.00 lineal meters or
fraction thereof 20.00
3. Every lineal meter or fraction thereof in excess of 20 lineal meters 10.00
4. Funicular, per KW or fraction thereof 200.00
Per lineal meter travel 20.00
5. Cable car, per KW or fraction thereof 40.00
Per lineal meter travel 5.00
(c) Elevators, per unit:
1. Motor driven dumbwaiters P 600.00
2. Construction elevators for material 2,000.00
3. Passenger elevators 5,000.00
4. Freight elevators 5,000.00
5. Car elevators 5,000.00
(d) Boilers, per KW:
1. Up to 7.5 KW P 500.00
2. Above 7.5 KW to 22 KW 700.00
3. Above 22 KW to 37 KW 900.00
4. Above 37 KW to 52 KW 1,200.00
5. Above 52 KW to 67 KW 1,400.00
6. Above 67 KW to 74 KW 1,600.00
7. Every KW or fraction thereof above 74 KW 5.00
NOTE:
(1) Boiler rating shall be computed on the basis of 1.00/Sq meter of heating surface for one
(1) boiler KW.
(2) Steam from this boiler used to propel any prime- is exempted from fees.
(3) Steam engines/turbines/etc. propelled from source will use the schedule of fees above.

(e) Pressurized water heaters, per unit P 200.00

(f) Water, sump and sewage pumps for commercial/industrial use,
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 per KW or fraction thereof 60.00
(g) Automatic fire sprinkler system, per sprinkler head 4.00
(h) Diesel/Gasoline, Ice Steam, Gas Turbine/Engine, Hydro,
Nuclear or Solar Generating Units and the like, per KW:
1. Every KW up to 50 KW 25.00
2. Above 50KW up to 100 KW 20.00
3. Every KW above 100KW 3.00
(i) Compressed Air, Vacuum, Commercial,
Institutional and/or Industrial Gasses, per outlet 20.00
(j) Power piping for gas, steam, etc. per lineal meter or thereof or per cu. meter or fraction
thereof whichever is higher
(k) Other Internal Combustion Engines, including cranes, loaders, pumps, mixers, compressors
and the like, not registered with the LTO, per KW:
1. Up to 50 KW 10.00
2. Above 50 KW to 100 KW 12.00
3. Every above 100 KW or fraction thereof 3.00
(l) Pressure Vessels, per cu. Meter or fraction thereof 6.00
(m) Other Machinery/Equipment for commercial/Industrial,
Institutional use not elsewhere specified, per KW or
fraction thereof 6.00
(n) Pneumatic tubes, Conveyors, Monorails for materials
handing and addition to existing supply and/or exhaust duct
works and the like, per lineal meters or fraction thereof 10.0
NOTE: Transfer of machine/equipment location within a building requires a mechanical
permit and payment of fee.

SECTION 504. Plumbing Fees.

(a) Installation Fees, one “UNIT” composed of one Water closet,
two floor drains, one lavatory, one sink with ordinary trap,
three faucets and one shower head. A partial part thereof shall
be charged as that of the cost of a whole “UNIT” 24.00
(b) Every fixture in excess of one unit:
1. Each water closet 7.00
2. Each floor drain 3.00
3. Each sink 6.00
4. Each lavatory 7.00
5. Each faucet 2.00
6. Each shower head 2.00
(c) Special Plumbing Fixtures:
1. Each slop sink 7.00
2. Each urinal 4.00
3. Each bath tub 7.00
4. Each grease trap 7.00
5. Each garage trap 7.00
6. Each bidet 4.00
7. Each dental 4.00
8. Each gas-fired water heater 4.00
9. Each drinking fountain 2.00
10. Each bar or soda fountain sink 4.00
11. Each laundry sink 4.00
12. Each laboratory sink 4.00
13. Each fixed-type sterilizer 2.00
(d) Each water meter 2.00
1. 12 to 25mm Ø 8.00
2. Above 25mm Ø 10.00
(e) Construction of septic tank, applicable in all Groups
1. Up to 5.00 cu. meters of digestion chamber 24.00
2. Every cu. meter or fraction thereof
in excess of 5.00 cu. meters 7.00

SECTION 505. Electronic Fees.

(a) Central Office switching equipment, remote-switching unit concentrators, PABX/PBX’s,
cordless/ wireless telephone and communication systems, intercommunication systems and
other types of switching/ routing/distribution equipment used for voice, data image text, and

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 facsimile, internet service, cellular, paging and other types/forms of wired or wireless
communications,
per port P 240.00
(b) Broadcast station for radio and TV for both commercial and training purposes, CATV headed,
transmitting/ receiving/relay radio and broadcasting communications stations,
communications centers switching centers, control centers, operation and/or maintenance
centers, call centers, cell sites, equipment silos/shelters and other similar locations/structures
used for electronics and communications services, including those used for navigational aids,
radar, telemetry, tests and measurements; global positioning and personnel/vehicle location,
per location 1,000.00
(c) Automated teller machines, ticketing, vending and other electronic dispensing machines,
telephone booths, pay phones, coin changers, location or direction finding systems,
navigational equipment used for land, aeronautical or maritime applications, photography and
reproduction machine’s-ray, scanners, ultrasound and other apparatus/equipment used for
medical, biomedical, laboratory and testing purposes and other similar electronic or
electronically controlled apparatus or devices whether located indoor or outdoor,
per unit 10.00
(d) Electronics and communications outlets used for connection and termination of voice, data,
computer (including work-stations, servers, routers, etc.) audio, video, or any form of
electronics and communication services, irrespective of whether a user terminal is
connected, per outlet 2.40
(e) Station/terminal/control point/port/central or remote panels/outlets for security and alarm
systems (including watchman system, burglar alarms, intrusion detection systems, lighting
control, monitoring and surveillance system, sensors, detectors, parking management
system, barrier control, signal lights, etc.) electronics fire alarm (including early- detection
systems, smoke detectors, etc.), sound-reinforcement/background, music/paging/conference
systems and the like, CATV/MATV/CCTV and off-air television, electronically controlled
conveyance system and similar types of electronic or electronically controlled installations
whether a user terminal is connected, per termination 2.40
(f) Studios, auditoriums, theater, and similar structures for radio and TV broadcast, recording,
audio/video reproduction/simulation and similar activities, per location 1,000.00
(g) Antenna towers/masts or other structures for installation of any electronic and/or
communications transmission /reception, per structure 1,000.00
(h) Electronic or electronically-controlled indoor and outdoor signage’s and display systems,
including TV monitors, multi-media signs, etc, per unit 50.00
(i) Poles and attachment:
1. Per Pole (to be paid by pole owner) 20.00
2. Per attachment (to be paid by any
entity who attaches to the pole of others) 20.00
(j) Other types of electronically- controlled device, apparatus, equipment, instrument or units not
specifically identified above, per unit 50.00

SECTION 506. Accessories of the Building/Structure Fees.

(a) All parts buildings which are open on two or more sides, such as balconies, terraces, lanais
and the like, shall be charged 50% of the rate of the principal building of which they are a part
(Section 238. a to d).
(b) Buildings with a height of more than 8.00 meters shall be charged an additional fee of twenty-
five centavos (P 0.25) per cu. meter above 8.00 meters. The height shall be measured from
the ground level up to the bottom of the roof slab or the top of grits, whichever applies.
(c) Bank and Record vaults with interior volume
1. Up to 20.00 cu. meter 20.00
2. In excess of 20.00 cu. meters 8.00
(d) Swimming Pools, per cu. meter or fraction thereof:
1. GROUP A Residential 3.00
2. Commercial/Industrial GROUPS B, E, F, G, 36.00
3. Social/Recreational/Institutional GROUPS C, D, H, I 24.00
4. Swimming pools improvised from local indigenous materials such as rocks, stones and /or
small boulders and with plain cement flooring shall be charged 50% of the above rates
5. Swimming pool shower rooms/locker rooms:
a. Per unit or fraction thereof 60.00
b. Residential GROUP A 6.00
c. GROUP B. E. F. G 18.00
d. GROUP C, D, H 12.00
(e) Construction of firewalls separate from the building:
1. Per sq. meter of fraction thereof 3.00
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 2. Provided, that the minimum fee shall be 48.00
(f) Construction/erection of towers including Radio and TV tower, water tank supporting
structures and the like:
Use or Character of Occupancy Self- Trilon
Supporting (Guyed)
1. Single detached dwelling units 500.00 150.00
2. Commercial/Industrial
(Groups B, E, F, G) up to 10.00 meters
in height 2,400.00 240.00
(a) Every meter or fraction thereof
in excess of 10.00 meters 120.00 12.00
3. Education /Recreation /Institutional
(Group C, D. H, l) up to 10.00 meters
in height 1,800.00 120.00
(a) Every meter or fraction thereof
in excess of 10.00 meters 120.00 12.00
(g) Storage Silos, up to 10.00 meters in height
1. Every meter or fraction thereof
in excess of 10.00 meters 2,400.00
2. Silos with platforms or floors shall be
charged an additional fee in accordance
with Section 3.e. of this Schedule 150.00
(h) Construction of Smokestacks and Chimneys for Commercial/Industrial use Group B, E, F and
G:
1. Smokestacks, up to 10.00 meters in
height, measured from the base 240.00
(a) Every meter or fraction thereof in
excess of 10.00 meters 12.00
2. Chimney up to 10.00 meters in
height, measured from base 48.00
(a) Every meter or fraction thereof in excess
of 10.00 meters 2.00
(i) Construction of Commercial/Industrial Fixed Ovens, per sq.
meters or fraction thereof of interior floor area 48.00
(j) Construction of Industrial kiln/Furnace, per cu. meter or
fraction thereof of volume 12.00
(k) Construction of reinforcing concrete or steel tanks or
above ground GROUPS A and B, up to 2.00 cu. meter
1. Every cu. meters or fraction thereof in excess
of 2.00 cu. meters 12.00
2. For all other than Groups A and B
up to 10.00 cu. Meters 480.00
(a) Every cu. meter or fraction thereof in
excess of 10.00 cu. meters 24.00
(l) Construction of Water and Waste Water Treatment
Tanks: (Including Cisterns, Sedimentation and Chemical
treatment Tanks) per cu. meter of volume 7.00
(m) Construction of reinforced concrete or steel tanks
except for Commercial/Industrial Use:
1. Above ground, up to 10.00 cu. meters 480.00
Every cu. meters or fraction thereof
in excess of 10.00 cu. meters 480.00
2. Underground, up to 20.00 cu. meters 540.00
Every cu. meter or fraction thereof
in excess of 20.00 cu. meters 24.00
(n) Pull-outs and Reinstallation of Commercial/Industrial Steel Tanks:
1. Underground, per cu. meter or fraction thereof of excavation 3.00
2. Saddle or trestle mounted horizontal tanks,
per cu. meter or fraction thereof of volume of tank 3.00
3. Reinstallation of vertical storage tanks shall be the same
as new construction fees in accordance with Section 8.k. above.
(o) Booths, Kiosks, Platforms, Stages and the like,
per sq meter or fractions thereof of floor area:
1. Construction of permanent type 10.00
2. Construction of temporary type 5.00
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 3. Inspection of knock-down temporary type, per unit 24.00
(p) Construction of buildings and other accessory structures
with cemeteries and memorial parks:
1. Tombs, per sq. meter of covered ground area 5.00
2. Semi-enclosed, mausoleums whether canopied or not,
per sq. meter of built-up area 5.00
3. Totally enclosed mausoleums, per sq. meter of floor area 12.00
4. Totally enclosed mausoleums, per sq. meter of floor area 5.00
5. Columbarium, per sq. meter 18.00

SECTION 507. Accessory Fees.

(1) Establishment of Line and Grade-
(a) All sides fronting or abutting/street, rivers, and creeks:
1. First 10 meters 100.00
2. Every meter or fraction thereof 10.00
(b) All other sides:
1. Every meter or fraction thereof 5.00
(2) Ground Preparation and Excavation Fee:
While the application for Building Permit is still being processed, the Building Official may issue
Ground Preparation and Excavation Permit (GP & EP) for foundation, subject to the verification,
inspection and review by the Line and Grade Section of the Inspection and Enforcement Division to
determine compliance to line and grade setbacks, yards/easements and parking requirements.
(a) Inspection and Verification Fee 200.00
(b) Per. cu. meters of excavation 3.00
(c) Issuance of GP & EP, valid only for thirty (30) days or
superseded upon issuance of Building Permit 50.00
(d) Per cu. meter of excavation for foundation with basement
(e) Excavation other than foundation or basement, per cu. Meter 3.00
(f) Encroachment of footing or foundations of buildings/structures
to public areas as permitted, per sq. meter or fraction thereof of
footing or foundation encroachment 250.00
(3) Fencing Fees:
(a) Made of masonry, metal, concrete up to1.80 meters in height,
per lineal meter or fraction thereof 3.00
(b) In excess of 1.80 meter in height, per lineal meter or fraction
thereof 6.00
(c) Made of indigenous materials, barbed, chicken or hog wires,
per linear meter 2.40
(4) Construction of Pavements, up to 20.00 sq. meters 24.00
(5) In excess of 20% or fraction thereof of paved areas intended for
commercial/Industrial/Institutional use, such as parking and
sidewalk areas, gasoline station premises, skating rinks, pelota
courts, tennis and basketball courts and the like 3.00
(6) Use of Street and Sidewalks, enclosures and occupancy
sidewalks up to 20.00 sq. meters, per calendar month 240.00
(7) Erection of Scaffolding Occupying Public Areas, per calendar month.
(a) Up to 10.00 meters in lengths 150.00
(b) Every lineal meter or fraction thereof in
excess of 10.00 meters 12.00
(8) Sign Fees:
(a) Erection and anchorage of display
surface, up to 4.00 sq. meters of signboard area 120.00
(b) Every sq meter or fraction thereof in
excess of 4.00 sq. meters 24.00
(c) Installation Fees, per sq. meter or fraction thereof of display surface.

Type of Sign Display Business Sign Advertising Signs

Neon P 36.00 P 52.00

Illuminated 24.00 36.00
Others 15.00 24.00
Painted-on 9.60 18.00

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(d) Annual Renewal Fees, per sq. meter of display surface or fraction
thereof:

Type of Sign Display Business Sign Advertising Signs

Neon P36.00, min. fee shall be P124.00 P 46.00 min. fee shall be P200.00
Illuminated P18.00, min. fee shall be P 72.00 P 38.00 min, fee shall be P150.00
Others P12.00, min. fee shall be P 40.00 P 20.00, min. fee shall be P110.00
Painted –on P 8.00, min. fee shall be P 30.00 P 12.00, min. fee shall be P100.00

(9) Repair Fees:

(a) Alteration/renovation/improvement on vertical dimensions of
buildings/structures in sq. meter, such as facades, exterior and
interior walls, shall be assessed in accordance with the following
rate, for all groups P 5.00
(b) Alteration /renovation/improvements on horizontal dimensions
of building/structures, such as floorings, ceilings and roofing
shall be assessed in accordance with the following rate, for all
groups. 5.00
(c) Repairs on buildings/structures in all groups costing more than
five thousand pesos (P 5,000.00) shall be charged 1% of the detailed
repair cost. Itemized original materials to be replaced with it or new
substitute and labor.
(10) Raising of Buildings/Structures Fees:
(a) Assessment of fees for rising of any building/structures shall be based on the new
usable area generated.
(b) The fees to be charged shall be as prescribed under Section 238 a to e. of this
schedule, whichever group applies.
(11) Demolition/Moving of Building/Structures Fees: Per sq. meter of area or dimensions involved:

(a) Building in all Groups per sq. meter floor area 3.00
(b) Building Systems/Frames or portion thereof per
vertical or horizontal dimensions, including fences 4.00
(c) Structures of up to 10.00 meters in height 800.00
(1) Every meter or portion thereof
in excess of 10.00 cu. meter/unit 50.00
(d) Appendage of up 3.00 cu. meter/unit 50.00
(1) Every cu. meter or portion thereof in
excess of 3.00 cu. meters 50.00
(e) Moving fee, per sq. meter of area of building or
structure to be moved 3.00
(f) City Mayor’s Permit Fee for every construction 50.00

SECTION 508. Exemption. Public buildings and traditional indigenous family dwellings shall be
exempt from payment of building permit fees, when the same was constructed out of native
materials such as bamboo, nipa, logs, or lumber, the total cost of which does not exceed Fifteen
thousand pesos.
Exemption from Building Permits
(a) Minor Constructions:
(1) Sheds, outhouses, greenhouses, children’s playhouses, aviaries, poultry houses and
the like, not exceeding 6.00 sq. meters in total area, provided they are completely
detached from any other buildings and are intended only for the private use of the
owner;
(2) Addition of open terraces or patios resting directly on the ground, not exceeding 20.00
sq. meters in total floor area, exclusively for the private use of the owner;
(3) Installation of window grilles;
(4) Garden pools for the habitation of water plants and/or aquarium fish not exceeding 500
millimeters in depth and exclusively for private use;
(5) Garden masonry walls other than party walls not exceeding 1.20 meters in height,
footpaths, residential garden walks and/or driveways.
(b) Repair Works:

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 (1) Repair works not affecting or involving any structural member, such as replacement of
deteriorated roofing sheets or tiles, gutters, downspouts, fascias, ceiling and/or
sidings.
(2) Repair and/or replacement of non load- bearing partition walls.
(3) Repair or replacement of any interior portion or a house not involving addition or
alteration.
(4) Repair and/or replacement work of doors and windows
(5) Repair o replacement work of flooring.
(6) Repair of perimeter fence and walls.
(7) Repair or replacement of plumbing fixtures, fittings or piping, such as toilet bowls,
sinks, lavatories, urinals, bidets, pipes, faucets, valves for single detach dwellings and
duplexes.
(c) And those covered by Batas Pambansa Bilang 220 otherwise known as Economic and
Social Housing Project.

SECTION 509. Time of Payment. The fee shall be paid to the City Treasurer before the issuance of
the building permit and Mayor’s Permit.

SECTION 510. Administrative Provisions . An application to construct a building or structure shall be

in writing using the prescribed form and shall be submitted with the requirements and clearances.

REQUIREMENTS AND CLEARANCES

SECTION 511. Checklist of Requirements For New Construction.

(1) Certified true copy of original of title/transfer of certificate from the Register of Deeds, submit
two photocopies per page and the original;
(2) if the applicant is not the lot owner, submit the original and one photocopy of the written
consent from the lot owner;
(3) Special Power of Attorney. Submit the original and two photocopies;
(4) Tax Declaration /Tax Receipt of the Current Year, submit two copies, and bring the original
receipt;
(5) Location Plan duly signed and sealed by Geodetic Engineer, submit one copy and bring the
original survey plan;
(6) Notarized Contract of Lease or Contract to Sale, submit one photocopy;
(7) Notarized Deed of Absolute Sale, submit one photocopy;
(8) Notarized Consent of Firewall Construction from the adjacent lot, submit one photocopy;
(9) Philippine Regulation Commission Identification Card and Professional Tax Receipt by the
Signing Architect/ Civil Engineer, submit one photocopy and three sealed specimen
signature;
NOTE: For architect or engineer, who is not registered in this Office, submit photocopy of the
card and receipt signed and sealed, submit original for authentication and personal
appearance is required or requested by the Building Official.
(10) Six sets – Blue printed building plans;
(11) Five sets scope of works, duly signed & sealed by an Architect and or by the Civil Engineer;
(12) Five sets specifications, duly signed & sealed by an Architect and or by the Civil Engineer;
(13) Five sets bill of materials, duly signed & sealed by an Architect and or by the Civil Engineer;
(14) Five sets structural computation sheets, signed & sealed by an Architect and or by the Civil
Engineer;
NOTE: Also required for construction offence with 1.8 m.
(15) Three sets soil boring /soil exploration & official receipt, original or photocopy for four storey
building and above, roof deck or GI roofing);
NOTE: Submit the latest pictures of boring test in different angles or views, original and
photocopy of official receipt of payment signed and sealed by the Geotechnical Engineer.
(16) Three sets plate load test, submit the original copy with one photocopy from two to three
storey-building. It is optional for one storey or as required by the Building Official;
NOTE: Submit the latest pictures of boring test in different angles/views, both original and
photocopy of official receipt of payment, signed and sealed by the Geotechnical Engineer;
(17) Demolition procedures and acceptance letter re: In- charge of demolition, signed and
sealed by an Architect and or by the Civil Engineer with applicant’s confirmation;
(18) Copy of previous building permits, plans & logbook, submit the original with one photocopy,
for additional/ renovation and repair only;
(19) Barangay Clearance. Indicate the kind of request whether for new construction, repair,
demolition, renovation and other related request or specifics. Submit the original copy with
one photocopy of receipt (if there is);

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 (20) Authorization letter from the applicant/s to follow up;
(21) Permits. Submit the original copy with one photocopy, any valid identification card of the
owner or applicant or authorized person; Submit one folder with fastener and big envelope
with tie or garter;
(22) Structural computation and certification from the civil or structural engineer, stating therein
that the existing structure can carry the additional load;
(23) Certification from the owner /applicant that storage warehouse shall be free from
combustible or flammable materials;
(24) List of manpower. Submit the original with one photocopy;
(25) Mayor’s permit on occupation or calling .Two photocopies and bring original;
(26) Others Clearances (as may be specified);
(27) Location Clearance. Submit the original and one photocopy. (For non-conforming
use/occupancy);
(28) Home Owners Association Clearance .Submit the original with one photocopy;
(29) Clearance from The Department of Public Works And Highways. Bring the original copy
and one photocopy;
NOTE: Submit an affidavit of Undertaking Re: Road Widening Improvement.
(30) Clearance from The Office of the Mayor .Original and one photocopy;
(31) Clearance from the Department Of Education; Submit the original with one photocopy, for
educational building;
(32) Civil Aeronautics & Aviation Building, Height Clearance. Submit the original with one
photocopy for the building with 450m in height and higher;
(33) Philippines Ports Authority. For the construction of port zone, submit the original and one
photocopy;
(34) Department of Health. For hospital building location, submit the Environment Compliance
Certificate from the Department of Environment and Natural Resources;
(35) Advance Line and Grade. Submit the original with one photocopy;
(36) Department of Tourism . Submit the original with one photocopy;
(37) Department of Interior and Local Government. Submit the original with one photocopy;
(38) Department of Agrarian Reform. Submit the original with one photocopy;
(39) Department of Agriculture. Submit original with one photocopy.

TEMPORARY ELECTRICAL PERMIT FOR INFORMAL SETTLERS

SECTION 512. Imposition of Fees. Temporary Electrical Permit fees shall be collected same as
Electrical fees of this Code.

SECTION 513. Time of Payment .The fees imposed in this Article shall be paid to the City Treasurer
upon issuance of an order of payment made and before the issuance of Temporary Electrical Permit.

SECTION 514. Administrative Provisions. An applicant of Temporary Electrical Permit shall

accomplish a prescribed form/s, signed and sealed by professional or registered electrical engineer
with the following requirements to be submitted to the office of building official;
Requirements:
(1) Barangay Certification – To prove the authenticity of the applicant’s address and states the
status of lot whether a government lot or a privately owned lot;
(2) Affidavit of Waiver – To be executed by applicant, duly notarized, waiving his right to the lot in
case the government or the real owner deems in time to vacate the lot;
NOTE: For privately owned lots, applicants must secure approval of the private owner.
(3) Sketch Plan (Bond Paper Size) – Which indicates the electrical lay-out, single line diagram,
schedule of loads, location map, general notes and specification signed and sealed by
Professional Electrical Engineer and by the Supervising Engineer who must be a Registered
Electrical Engineer or a Registered Master Electrician.

CERTIFICATE OF USE OR OCCUPANCY PERMIT FEES

SECTION 515. Certificate of Use or Occupancy. (Table I G. I. for fixed costing)

a. Division A-1 and A-2 Buildings:
(1) Costing up P 150,000.00 100.00
(2) Costing more than P 150,000.00
up to P 400,000.00 200.00
(3) Costing more than P 400,000.00
up to P 850,000.00 400.00
(4) Costing more that P 850,000.00
up to P 1,200,000.00 800.00
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 (5) Every million or portion thereof in excess
of P 1, 200,000.00 800.00
b. Division B-1/E-1, 2, 3/F-1/G-1, 2, 3, 4, 5/ H- 1, 2, 3, 4,/and l-1 Buildings:
(1) Costing up to P 150,000.00 200.00
(2) Costing more than P 150,000.00
up to P 400,000.00 400.00
(3) Costing more than P 400,000.00
up to P 850,000.00 800.00
(4) Costing more than P 850,000.00
up to P 1,200,000.00 1,000.00
(5) Every million or portion there in excess
of P 1, 200,000.00 1,000.00
c. Division C-1, 2/D-1, 2, 3 Buildings:
(1) Costing up P 150,000.00 150.00
(2) Costing more than P 150, 000.00
up to P 400,000.00 250.00
(3) Costing more than P 400,000.00
up to P 850, 000.00 600.00
(4) Costing more than P 850,000.00
up to P 1, 200,000.00 900.00
(5) Every million or portion thereof in excess
of P 1, 200,000.00 900.00
d. Division J-1 Building/structures;
(1) With floor area up to 20.00 sq. meters 50.00
(2) With floor area above 20.00 sq. meters
up to 500.00 sq. meters 240.00
(3) With floor area above 500.00 sq meters
up to 1, 000.00 sq. meters 360.00
(4) With floor area above 1, 000.00 sq. meters
up to 5,000.00 sq. meters 480.00
(5) With floor area above 5, 000.00 sq. meters
up to 10, 000.00 sq. meters 200.00
(6) With floor area above 10, 000.00 sq. meters 2,400.00
e. Division J-2 Structures:
(1) Garages, carports, balconies, terraces, lanais and the like:
50% of the rate of the principal building, of which they are accessories.
(2) Aviaries, aquariums, zoo structures and the like: same rates as for Section
252. d above.
(3) Towers such as for Radio and TV transmissions, cell site, sign (ground or roof
type) and water tank supporting structures and the like in any location shall be
imposed fees as follows:
(a) First 10.00 meters of height from the ground 800.00
(b) Every meter or fraction thereof in
excess of 10.00 meters 50.00
f. Change in Use/Occupancy, per sq. meter or fraction thereof of
area affected 5.00

SECTION 516. Certificate of Occupancy for Building/Structures Completed before the effectivity of
the Revenue Code. – Schedules;
Category I- Residential
(1) Indigenous family dwellings and houses of mixed materials
having an area not exceeding 40 sq.m 50.00
(2) Building with area above 40 sq.m. to 100 sq.m. 100.00
(3) Building with area above 100 sq.m. to 200 sq. m. 150.00
(4) Building with area above 200 sq.m. to 300 sq. m. 200.00
(5) Building with area above 300 sq.m. to 500 sq. m. 400.00
(6) Building with area above 500 sq. m. 800.00
Category II-Commercial and Industrial
(1) Building with area up to 5, 000 sq. m. 200.00
(2) Building with area above 5, 000 sq. m. up to 10, 000 sq. m. 400.00
(3) Building with area above 10, 000 sq. m. up to 20, 000 sq. m. 800.00
(4) Building with area above 20, 000 sq. m. up to 30, 000 sq. m 1,600.00
(5) Building with area above 30, 000 sq. m. 3,200.00
Category III- Educational, Social and Institutional
(1) Building with area up to 5, 000 sq. m. 100.00
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(2) Building with area above 5, 000 sq. m. up to 10, 000 sq. m. 225.00
(3) Building with area above 10, 000 sq. m. up to 20, 000 sq. m. 450.00
(4) Building with area above 20, 000 sq. m. up to 30, 000 sq. m. 900.00
(5) Building with area above 30, 000 sq. m. 1,800.00

SECTION 517. Time of Payment. The fees hereof shall be paid to the City Treasurer before
issuance of the Certificate of Occupancy.

SECTION 518. Administrative Provisions. An application for certificate of occupancy shall be

accomplished, the prescribed form/s signed and sealed by Architect or Engineer and shall be
submitted to the office of Building Official together with the following:
Requirements for Application:
(1) For building and structures constructed after the promulgation of the National Building Code
(Presidential Decree 1096)
(a) One Set of Approved Plans.
(b) Approved Building Permit
(c) PTR/PRC ID Xerox
(d) Log Book
(e) Contractors tax /City Tax
(f) Authorization Letter
(2) For building /structures completed before the effectivity of Presidential Decree 1096 -In
order to obtain a Certificate of Occupancy for a building/ structure constructed and
occupied prior to the promulgation of Presidential Decree 1096, the following procedures
shall be followed;
(a) The owner or applicant shall submit to the Building Official MPW Form No77- 005duly
accomplished under oath together with the following attachments;
(b) TCT, tax declaration with current tax receipt, deed of sale, lease contract to purchase
as the case may be, of the lot and/or house;
(c) In the case of an indigenous family dwellings and houses of mixed materials having an
area not exceeding forty square meters;

(1) Simple sketch, signed by the owner or his authorized representative, showing the
floor plans and elevations of the house, indicating thereon the dimensions in
meters and materials used. For elevations, photographs may suffice in place of a
sketch;
(2) Site plan showing the building in relation to the lot indicating thereon, the location
and dimension of courts and yards as well as the firewalls, if any;
(d) Vicinity map showing the street, street intersection and easily recognizable landmarks;
(e) A sketch of the plumbing and electrical systems indicating the number and location of
outlets, switches and main circuit breaker;
(3) In case of a single detached or duplex family dwellings living units for the use of owner and
his family, above forty (40) square meters in area.
(a) As built plans (Location and Site Plan, Architectural, Electrical, and Sanitary and
Plumbing Plans) signed by a duly licensed Architect or Civil Engineer in case of
architectural and structural plans, by a duly license professional Electrical Engineer in
case of electrical plans, by a duly licensed Sanitary Engineer in case of sanitary or
plumbing installations of more than20 units by a Master Plumber in case of sanitary or
plumbing installation not exceeding 20 units, by a Sanitary Engineer for sanitary
installation of more than 20 units or Master Plumber for Sanitary installation not
exceeding 20units that the sanitary facilities are in order and by a Professional
Electrical Engineer that the electrical installation are safe and in accordance with the
basic requirements of the NBC;
(b) A certificate from a duly licensed Civil Engineer or Architect that the structure is safe,
and the fire safety provisions are in order.
(4) In the case of Category II and III Buildings or Structures (commercial industrial and
institutional buildings including multi-family living units such as accessories apartments,
dormitories, hotels and the like);
(a) TCT, tax declaration with current tax receipts, deed of sale, or lease contract to
purchase as the case may be, of the lot, building or structure.
(b) As built plans (Location and Site Plan, Architectural, Structural, Electrical, Sanitary,
Mechanical and Plumbing plans), signed and sealed by a duly licensed Architect or
Civil Engineer in case of architectural and structural plans, by a duly licensed
Professional Electrical Engineer, in case of electrical plans, by a duly licensed
Professional Mechanical Engineer, in case of mechanical plans, by a duly licensed

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 Sanitary Engineer, in case of sanitary or plumbing installation of more than 20 units, of
Master Plumber, incase of sanitary or plumbing installations, not exceeding 20 units;
(c) Certifications from a duly licensed architect and/or civil engineer electrical engineer,
mechanical engineer and sanitary or master plumber that the building/structure is
architecturally and structurally sound, and that the electrical, mechanical (if any) and
sanitary / plumbing installations are in order (Refer to prescribed forms therefore);
(d) Fire Safety Inspection Certificate issued by the CLFS.

ANNUAL INSPECTION FEES

SECTION 519. Imposition of Fees. There shall be collected an annual inspection fee on
buildings/structures constructed within the City of Masbate based on the following;
(a) Division A-1 and A-2: Single detached dwelling units and duplexes are not subject to annual
inspections. If the owner request inspections, the fee for each of the services enumerated
below is;
(1) Land Use Conformity P 120.00
(2) Architectural Presentability 120.00
(3) Structural Stability 120.00
(4) Sanitary and Health Requirements 120.00
(5) Fire- Resistive Requirements 120.00
(b) Division B-1/D-1, 2, 3/E-1, 2, 3/F-1/G-1, 2, 3, 4, 5/H-1, 2, 3, 4/and l-1, Commercial, Industrial
Institutional buildings and appendages area shall be assessed as follows:
(1) Appendage of up to 3.00 cu. meters/unit 150.00
(2) Floor area to 100.00 sq. meters 120.00
(3) Above 100.00 sq. meters up to 200.00 sq. meters 240.00
(4) Above 200.00 sq. meters up to350.00 sq. meters 80.00
(5) Above 350.00 sq. meters up to 500.00 sq. meters 720.00
(6) Above 500.00 sq. meters up to up to 750.00 sq. meters 960.00
(7) Above 750.00 sq. meters up to 1,000.00 sq. meters 1,200.00
(8) Every 1, 000.00 sq. meters of its portion in excess of
1,000.00 sq. meters 1,200.00
(c) Division C-1, 2, Amusement Houses, Gymnasia and the like:
(1) First class cinematographs or theaters 1,200.00
(2) Second class cinematographs or theaters 720.00
(3) Third class cinematographs or theaters 520.00
(4) Grandstands/Bleachers, Gymnasia and the like 720.00
(5) Annual plumbing inspection fees each Plumbing unit 60.00
(d) Electrical Inspections Fees:
(1) A one-time electrical inspection fee equivalent to 10% of Total Permit Fees shall be
charged to cover all inspection trips during construction.
(2) Annual Inspection Fees are the same as in Section 239 e.g.
(e) Annual Mechanical Inspection Fees:
(1) Refrigeration and Ice Plant, per ton:
(a) Up to 100 tons capacity 25.00
(b) Above 100 tons up to 150 tons 20.00
(c) Above 150 tons up to 300 tons 15.00
(d) Above 300 tons up to 500 tons 10.00
(e) Every ton or fraction thereof above 500 tons 5.00
(2) Air Conditioning Systems:
Window type air conditioners, per unit 40.00
(3) Packaged or centralized air-conditioning systems:
(a) First 100 tons, per ton 25.00
(b) Above 100 tons, up to 150 tons per ton 20.00
(c) Every ton or fraction thereof above 500 tons 8.00
(4) Mechanical Ventilation, per unit, per KW:
(a) Up to 1 KW 10.00
(b) Above 1 KW to 7.5 KW 50.00
(c) Every KW to 7.5 KW 20.00
(5) Escalators and Moving Walks; Funiculars and the like:
(a) Escalator and Moving Walks, per unit 120.00
(b) Funiculars, per KW or fraction thereof 50.00
(c) Per lineal meter or fraction thereof of travel 10.00
(d) Cable, car per KW or fraction thereof 25.00
(6) Elevators, per unit:

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 (a) Passenger elevators 500.00
(b)Freight Elevators 400.00
(c) Motor driven dumbwaiters 50.00
(d) Construction elevators for materials 400.00
(e) Car elevators 500.00
(f) Every landing above first five
landing for all the above elevators 50.00
(7) Boilers, per unit:
(a) Up to 7.5 KW 400.00
(b) 7.5 KW up 22 KW 550.00
(c) 22 KW up 37 KW 600.00
(d) 37 KW up to 52 KW 650.00
(e) 52 KW up to 67 KW 800.00
(f) 67 KW up to 74 KW 900.00
(g) Every KW or fraction there of above 74 KW 4.00
(8) Pressurized Water Heaters, per unit 120.00
(9) Automatic Fire Extinguishers, per sprinkler head 2.00
(10) Water, Sump and Sewage pumps for buildings /structures for
commercial/ industrial purposes, per KW:
(a) Up to 5 KW 50.00
(b) Above 5 KW to 10 KW 90.00
(c) Every KW or fraction thereof above 10 KW 20.00
(11) Diesel/Gasoline Internal Combustion Engine, Gas Turbine/Engine,
Hydro, Nuclear or Solar Generating units and the like, per KW:
(a) Per KW, up to 50 KW 15.00
(b) Above 50 KW up to 100 KW 10.00
(c) Every KW or fraction thereof above 100 KW 2.40
(12) Compressed air, vacuum, commercial /Institutional/industrial
gases, per outlet 10.00
(13) Power piping for gas/steam/etc., per lineal meter or fraction
thereof or per cu. meter or fraction thereof, which ever is higher. 2.00
(14) Other Internal Combustion Engines, including cranes, forklifts, loaders,
mixers, compressors and the like
(a) Per unit, up to 10 KW 100.00
(b) Every KW above 10 KW 3.00
(15) Other machineries and/or equipments for commercial/ industrial/
institutional use not elsewhere specified, per unit:
(a) Up to ½ KW 8.00
(b) Above ½ KW up to 1 KW 23.00
(c) Above 1 KW up to 3 KW 39.00
(d) Above 3 KW up to 5 KW 55.00
(e) Above 5 KW up to 10 KW 80.00
(f) Every KW above 10 KW or fraction thereof 4.00

(16) Pressure Vessels, per cu. meter or fraction thereof 40.00

(17) Pneumatic tubes, Conveyors, Monorails for material handing,
per lineal meter or fraction thereof 2.40
(18) Testing/ Calibration of pressure gauge, per unit 24.00
(a) Each Gas Meter, tested, proved and sealed, per gas meter 30.00
(19) Every mechanical ride inspection, etc.used in amusement centers
of fairs, such as Ferris wheel, and like, per unit 30.00
(f) Annual Electronic Inspection fees
(Shall be the same as the fees in electronic fees of this schedule. Section 505)

SECTION 520. Certifications.

(1) Certified true copy of building permits 50.00
(2) Certified true copy of Certificate of Use/Occupancy 50.00
(3) Issuance of Certificate of Damage 50.00
(4) Certified true copy of Certificate of Damage 50.00
(5) Certified true copy of Electrical Certificate 50.00
(6) Issuance of Certificate of Gas Meter Installation 50.00
(7) Certified true copy of Certificate or Operation 50.00
(8) Other Certification 50.00

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SECTION 521. Payment of Fee. The fee shall be paid to the City Treasurer before issuance of the
certificate of Annual Inspection.

SECTION 522. Administrative Provisions. A certificate of Annual Inspection shall be issued for the
continuous use of said building/ structure after the compliance to preserve its architectural well
being, Structural stability, Electrical and Mechanical safety, Sanitary and Fire Protection facilities and
no alteration/addition/repair/new electrical/ mechanical installation made thereon without a permit
therefore. No business license shall be issued by the Mayor’s Office to commercial, industrial, agro-
industrial and institutional establishments without a valid certificate of annual inspection.

COMMON PROVISIONS APPLICABLE TO CONSTRUCTION

AND BUILDING PERMIT /CERTIFICATES

SECTION 523. Administrative Sanctions . Non-issuance, suspension, revocation and/or invalidation

of mechanical/ construction permits and certificates of operation occupancy.
(1) Imposition of surcharge or penalty;
(2) Issuance of installation/operation/construction stoppage order; and
(3) Imposition of administrative fines.

SECTION 524. Grounds for the Non- Issuance, Suspension Revocation or Invalidation of
Permits/Certificates. The Building Official may order or cause the non-issuance, suspension or
revocation of building permits on any of or all of the following grounds:
(1) Errors found in the plans and specifications;
(2) Incorrect or inaccurate data or information found in the application;
(3) Non-compliance with the terms and conditions of the permits;
(4) Failure to commence the work within the period of one year from the date of issuance of permit;
(5) Suspension or abandonment of the work so authorized in the permit at anytime after it had been
commenced for a period of one hundred twenty days or more;
(6) Unauthorized change, modification, alteration or addition in the approved plans and
specifications and/or in the type of construction;
(7) Failure to engage the services of a duly licensed architect or engineer to undertake the full time
inspection and supervision of the installation or construction work and/or failure of the
architect/engineer hired to keep at all times a logbook at the jobsite of the progress of construction,
installation or work;
(8) Non- compliance with the provisions of this Code or any Rules and Regulations.
Notice of non-issuance, suspension or revocation of building permits shall always be made in
writing, stating the reasons or grounds therefore. All applications that had been denied by the
Building Official shall be return to applicants together with the plans and supporting documents.

SECTION 525. Issuance of Work Stoppage Order. The Industrial Safety Division, City Engineer’s
Office, shall conduct regular inspection of mechanical installation and building/structure construction
and/ or repair and shall direct or order the stoppage of work based on any or all of the following
grounds:
(1) Non-compliance with the terms and conditions of the permit.
(2) Unauthorized change, modification or alteration in the approved plans and specifications for
mechanical permit and/ or violation or non-compliance with construction safety standards.

SECTION 526. Administrative Fines. The City Engineer or his duly authorized representative
may prescribed and impose fines not exceeding Five Thousand pesos in the following cases,
subject to the terms and procedures as hereunder provided:
A. Erecting, constructing, altering, repairing, moving, converting, installing or demolishing a private
or public building/structure without a building/ demolition permit;
B. Making any alteration addition conversion, or repair in any building/ structure/ appurtenances
thereto constructed or installed before the adoption of the Code, whether private or public,
without a permit;
C. Non-compliance with the work stoppage order or notice and/or order to effect necessary
correction in plans and specifications found defective;
D. (4) Use or occupancy of a building/structure without Certificate of Occupancy/Use even if
constructed under a valid building permit; In addition to the imposed penalty, the owner shall
correct/remove his violation of the provision of the Code.

SECTION 527. Determination of Amount of Fines.

(a) In the determination of the amount of fines to be imposed, violation shall be classified as
follows:
(1) Light Violations
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 (a) Failure to post Certificate of Occupancy/Use/Operation.
(b) Failure to post Building Permit construction information sign.
(c) Failure to provide or install appropriate safety measures for the protection of workers,
inspectors, visitors, immediate neighbors and pedestrians.
(2) Less Grave Violations
(a) Non-compliance with the work stoppage order for the alteration/addition/
(b) Conversion/repair without permit.
(c) Use or occupancy of building/structure without appropriate Certificate of
Occupancy/Use/Operation.
(3) Grave Violations
(a) Unauthorized change, modification or alteration during construction in the duly
submitted plans and specifications on which the building permit is based.
(b) Unauthorized change in type of construction from more fire-resistive to less fire-
resistive.
(c) Non-compliance with order to abate or demolish.
(d) Non-compliance with work stoppage order for construction/demolition without a permit.
(e) Change in the existing use or occupancy without Certificate of Change of
Occupancy/Use/Operation.
(f) Excavation left open without any work being done in the site for more than one
hundred twenty days.
(b) Amount of Fines -The following amount of fines for violations of the Code and this are hereby
prescribed:
(1) Light Violations - P 2,000.00
(2) Less Grave Violation - 3,000.00
(3) Grave Violations - 5,000.00
(c) Penalty - Without prejudice to the provisions of the preceding Sections, the Building Official is
hereby also authorized to impose a penalty or surcharge in the following cases in such amount and
in the manner as hereunder fixed and determined.
(1) For constructing, installing, repairing, altering or causing any change in the occupancy
use of any building/structure or part thereof appurtenances thereto without any permit,
there shall be imposed a surcharge of 100% of the building fees;
(2) Provided, that when the work in the building /structure is started pending issuance of
the Building Official, the amount of the surcharge shall be in accordance with the
following;
(a) Excavation for Foundation 10% of building permit fees
(b) Construction of foundation 25% of building permit fees
(c) Construction of superstructure up to
2 meters above established grade 50% of buildings permit fees
(d) Construction of superstructure
above 1meter 100% of building permit fees
(3) For failure to pay the annual inspection fee within thirty days the prescribed date, a
surcharge of twenty-five percent of the inspection fee shall be imposed.

SECTION. 528. Applicability of the National Building Code or Presidential Decree 1096. The
provisions of the National Building Code, including the provisions on the rates of fees and charges,
shall apply to the issuance of permits being issued pursuant to the provisions of said Code. The
enforcement of said Code shall now be lodged with the City government pursuant to the pertinent
provisions of the Local Government Code of 1991 and of this Revenue Code.

SECTION. 529. Honoraria of Licensed Engineers and Architect. The local government will grant
payment of monthly honoraria to the licensed engineers and architects in the office of Building
Official who affix their signature in the plans or permits in amount of twenty five percent of their
respective basic monthly salary.

FIRE INSPECTION FEES

SECTION 530. Imposition of Fees. Any person, natural or juridical, who uses or occupies any
building or structure or who shall keep or store at his place of business or any place in Masbate City,
or transport or convey over the streets of Masbate City any flammable, explosive, or highly
combustible materials, shall first secure a permit from the City Engineer in coordination with the City
Fire Marshall, and pay the corresponding annual fees therefore as follows:
(a) For the use or occupancy of buildings, structures, facilities, or their premise including the
installation of fire protection and fire safety equipments:
(1) Assembly buildings such as leisure, theaters,
auditoriums, cockpits. grandstands, boxing areas,
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 convention halls, concert halls, racetracks,
sports complexes, and the like P 300.00
(2) Education /Institutional buildings such as school
universities, hospitals, nursery and kindergarten
schools, day care centers, civic centers, and the like 300.00
(3) Industrial /commercial buildings or establishments,
retailers, wholesalers, distributors, importers, exporters,
manufacturers, producers, assemblers, distillers’ compounders
and brewers 300.00
(4) Eateries 200.00
(5) Amusement places, such as night clubs, sauna and bath
houses, pub houses, disco, beer houses, bars and cocktail
lounges, etc 200.00
(6) Service contractors 100.00
(7) Lessors of real property, per unit, and hotels, pension inns,
motels, boarding houses, per unit /chamber/ room 100.00
(8) Offices of professionals 75.00
(b) Storage Occupancies:
(1) Lumberyards 350.00
(2) Combustible solids 350.00
(3) Flammable liquids 350.00
(4) Flammable gases 350.00
(5) Warehouse (highly combustible materials) 300.00
(6) Warehouse (low combustible materials) 200.00
(7) Parking garages 200.00
(8) Cold storages 300.00
(9) Grains and foods 200.00
(10) Others 100.00
(c) Processing of Building Plans
(1) Residential P 100.00
(2) Commercial 200.00
(3) Industrial 200.00
(4) Others 100.00
(d) For storage handing and/or use/installation of liquefied
petroleum or other types of compressed gas system in bulk
storage, per gallon of water capacity:
(1) Not more than 500 gallons 200.00
(2) Over 500 gallons Up to 2,000 gallons 300.00
(3) Over 2,000 gallons Up to 5,000 gallons 600.00
(4) Over 5,000 gallons Up to 50,000 gallons 1,500.00
(5) Over 50,000 gallons Up to 200,000 gallons 2,000.00
(6) Over 200,000 gallons Up to 500,000 gallons 2,500.00
(7) Every additional 1,000 gallons or fraction thereof
in excess of 500,000 gallons 500.00
(e) For liquefied gas installation not in bulk, per gallon of water capacity:
(1) 5 up to 20 gallons 30.00
(2) Over 20 gallons up to 50 gallons 40.00
(3) Over 50 gallons up to 100 gallons 50.00
(4) Over 100 gallons up to 200 gallons 60.00
(5) Over 200 gallons up to 300 gallons 70.00
(6) Over 300 gallons up to 500 gallons 80.00
(7) Every additional 100 gallons in excess of 500 gallons 70.00
(8) Transportation and/or conveyances of explosives,
flammable or combustible materials by means
of motor vehicle or other means of transportation per month 100.00

SECTION 531. Time of Payment. The fees imposed in this Article shall be paid to the City Treasurer
within thirty days after the inspection has been conducted for the purpose of securing a permit.

SECTION 532. Administrative Provisions. The City Engineer, in coordination with the City Fire
Marshall, shall have the supervision over the location and manner of storing and transporting
flammable, explosive, and combustible materials, and installing gas system or cooking appliances in
Masbate City, subject to the rules and regulations on fire prevention and protection. If in his
judgment, the location or manner of storing such materials, and the installation of the gas system or
cooking appliances are improper and would serve as fire hazards, he shall issue an order to the
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owner/ administrator of the building so that appropriate measures can be undertaken with respect to
proper storage and care within twenty four hours from receipt of the order.
A. No permit shall be issued for the conveyance of gunpowder, dynamite explosives, blasting
supplies or ingredients thereof unless a permit has been secured from the proper government
agency.
B. Any building or structure, which is declared by the City Engineer/ City Fire Marshall as a fire
hazard to adjoining establishments shall be removed or renovated in accordance with the
applicable rules and regulations within thirty days from receipt of the order from the City Engineer
or City Fire Marshall, for buildings whose assessed value does not exceed Five thousand pesos.
For buildings whose assessed value exceeds the above value, the order shall be carried out
within sixty days.
C. Unless otherwise provided by this Article and other existing ordinances, the inspection shall be
conducted annually before the granting of the permit therefore.

EXCAVATION PERMIT FEES (ROADS AND WATERWORKS)

SECTION 533. Imposition of Fees. Fees and charges shall be collected from any applicant who shall
make, or cause to be made, any excavation within the City.
(1) Processing Fee:
(a) Poles and house connections P 20.00
(b) All other excavations 50.00
(2) Excavations Permit Fees;
For 50 lineal meters or less
(a) Over and above 50 lineal meters, per lineal meter 100.00
(b) Concrete curbs, for every lineal meter or fraction thereof 400.00
(c) For installation of wooden /concrete pole, per pole 25.00
(3) Deposit for restoration and maintenance work per sq. m. or fraction thereof.
(a) Concrete-paved streets
(1) 9” thickness 500.00
(2) 8” thickness 450.00
(3) 7” thickness 400.00
(4) 6” thickness 350.00
(5) 4” thickness 300.00
(b) Asphalt- paved streets 300.00
(c) Macadam- surfaced street 200.00
(d) Concrete sidewalk 400.00
(c) Curb and gutter, per lineal meter 300.00
(d) Concrete curbs, per lineal meter 200.00
(4) Restoration works and other consequential responsibilities or obligations over excavations
after the completion of the underground works shall be done by the contractor/-implementing
agency. For individual connection, restoration shall be done by the City Engineer.
(5) A cash deposit and/ or performance bond for restoration cost of the project undertaken by the
implementing agency (such as Philippine Long Distance Telephone Company or Masbate Mobo
Water District, etc.) based on the schedule of restoration rates of the City government, shall be
made refundable one month after the expiration of one year period. For restoration works to be
undertaken by contract, the contractor shall post a guaranty bond equivalent to the computed
restoration cost. A certified photocopy of the guaranty bond posted to the implementing agency is
acceptable.
(6) For individual connections, a cash payment for restoration works shall be made to the City
government.

SECTION 534. Filing of Application. Application for permit to undertake excavation shall be filed
with the City Engineer. The permit shall be released within ten working days after submission of all
requirements.

SECTION 535. Conditions for Permit. The permit to undertake excavations shall contain, among
others, such conditions as may be necessary to ensure public safety and convenience. All such
excavations shall be in accordance with the excavation and installation plans approved by the City
Engineer.

SECTION 536. Exercise of Supervision. All excavation works shall be under the supervision of the
City Engineer to ensure compliance with the installation plans and other conditions in the permit.

SECTION 537. Excavation Affecting Adjoining Properties.

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 (1) Temporary support of adjoining property - The person causing any excavation to be
made shall provide such sheet pilling and bracing as may be necessary to prevent materials or
structures of adjoining property from caving in before permanent support shall been provided for the
sides of an excavation.
(2) Permanent support of adjoining property - Wherever provisions are made for the
permanent support of the sides of an excavation, the person causing such excavation to be made
shall construct an appropriate retaining wall, which shall be carried to a height sufficient to retain the
soil of the adjoining area.
(3) Entrance of adjoining premises - For the purpose of providing temporary support to
adjoining premises, the person causing an excavation to be made shall get the consent of the owner
of the adjoining premises to enter said premises and construct the temporary support. However, if
such consent and entrance are not granted, the owner of adjoining premises shall be responsible for
providing the necessary support, as the case maybe, to his premises at his own expense, and for
that purpose, he shall be given authority to enter the premises where the excavation is to be made.

SECTION 538. Excavation Affecting Adjoining Structures.

(1) Excavation more than four feet deep - Wherever an excavation is carried to the depth of
more than four feet below the curb, the person causing the excavation to be made shall seek
consent to enter premises of adjoining structures at all times, if granted the consent of the owner of
the adjoining structures to enter, he shall, at his own expense, preserve and protect from damage all
existing structures, the safety of which may be affected by the part of the excavation which extends
more than four feet below the curb line. He shall support such structure by proper foundation. If the
owners consent to enter is not granted to the person causing the excavation to be made, it shall be
the duty of the owner not granted the consent to make and provide the necessary foundations, and
when necessary for that purpose, such owner shall be given authority to enter the premises where
such excavation it to be made.
(2) Excavation four feet or less in depth - The person causing the excavation shall preserve
the safety of the structure which may be affected by the excavation and protect them from injury and
support them by proper foundation (except as otherwise provided in excavations more than four feet
deep); and when necessary for that purpose, the owner of the structures shall be given the authority
to enter the premises where such excavation is to be made.

SECTION 539. Appropriate Markers and Guards. The excavations shall be provided with
appropriate markers and safety to traveling vehicles and pedestrians. Such markers and safety
guards shall carry the identity of the person or agency undertaking the excavation.

In the event of death, injury and/or damages caused by the non-completion of such works and/ or
failure of the one undertaking the work to adopt the required precautionary measures for the
protection of the general public or violation of any of the terms or conditions of the permit, the
excavator with permit shall assume fully all liabilities for such death, injury or damage arising there
from. For this purpose, the excavator with permit shall purchase insurance coverage to answer for
third party liability.

SECTION 540. Insertion Prohibited. All excavations passing through canals and insertions through
drainage or sewer pipes are strictly prohibited.

SECTION 541. Private Roads, Passageways, and Sidewalks. The City Engineer or his authorized
representative shall have the authority to inspect all diggings and excavations being undertaken on
all private roads, passageways and sidewalks and to require that restoration of the excavated area
meet the standard specifications prescribed by the City Government.

SECTION 542. Time of Payment and Surcharge for Late Payment. The fees imposed in this Article
shall be paid to the City Treasurer before the permit to dig or to excavate is issued, such permit is
valid when the official receipt covering payment of the prescribed fees is attached thereto. A
surcharge of Twenty percent plus Two percent interest per month of the processing and excavation
fees as imposed in this Article shall be collected from any person or entity, which commenced to dig
or excavate before the permit was issued. Provided, that when the excavation work is started with
due notice to the City Government and after the lapse of ten working days from the date of filing and
acceptance of the application for Excavation Permit, no surcharge or penalty shall be imposed

SECTION 543. Administrative Fines.

(1) Imposition of Fines- Administrative sanction not exceeding Five thousand pesos shall be
imposed on the following cases:
(a) Excavating without an Excavation Permit;
(b) Non-compliance with the work stoppage;
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 (c) Failure to post or display the Excavation Permit in a conspicuous place in project site;
(d) Failure to install road/highway safety construction devices
(e) Failure to install road signs and billboards.
(2) Determination of amount of fines:
(a) Light Violation
(1) Failure to post Excavation Permit in conspicuous place in project.
(b) Not Grave Violation
(1) Non-compliance with work stoppage order;
(2) Excavating without excavation permit;
(3) Failure to restore the excavated portion of the street according to each approved
work schedule.
(c) Grave Violation
(1) Failure to install road/highway safety construction devices;
(2) Failure to install road signs and billboards;
(3) Failure to restore the excavated portion of the road right-of-way to its original
conditions;
(4) Non-compliance with work stoppage order for excavating without an Excavation
Permit.
(3) Schedule of Fines.
(a) Violation Light Not Grave Grave
(1) Minimum 100 500 1,000
(2) Medium 200 1,500 3,000
(3) Maximum 300 3,000 5,000
(b) The above shall be imposed as follows:
(1) Minimum fine -For failure to comply with the terms of the first notice.
(2) Medium fine-For failure to comply with the terms of the second notice.
(3) Maximum fine- For failure to comply with the terms of the third notice.

SECTION 544. Escalation Clause. Should there be any increase in the cost of labor materials,
including the increase in cost of operation and maintenance equipment, upon the recommendation
of the City Engineer and subsequent approval of the City Mayor, a corresponding increase shall be
adjusted in the restoration costs listed therein but not to exceed Fifty percent of the increase in the
cost of items and not more often than once a year.

SECTION 545. Penalties. Any person violating any of the provisions of this Article shall upon
conviction, be punished by a fine of not less than One Thousand Pesos but not more than Five
Thousand Pesos or imprisonment of not less than thirty days nor more than six months or both at
the discretion of the court. In case of a corporation, partnership or association, the president,
manager, or the person-in-charge of the project shall be liable thereof.

SPECIAL PERMIT FEES FOR STORAGE AND SALE OF FLAMMABLE,

COMBUSTIBLE, OR SOLID SUBSTANCES

SECTION 546. Imposition of Fees. Every person or entity who shall establish, operate and maintain
the business of storage and sale of flammable, combustible, or explosive substances within Masbate
City shall first secure a special permit from the City Engineer in coordination with the City Fire
Marshall and pay the corresponding fees to the City Treasurer;
(a) Flammable Liquids:
(1) With flash point at 200F or below such as gasoline and other carbon bisulphate, naphtha,
benzyl, allodin and acetone:
Over 5 to 25 gallons P 11.00
Over 25 to 50 gallons 30.00
Over 50 to 100 gallons 60.00
Over 100 to 500 gallons 120.00
Over 500 to 1, 000 gallons 180.00
Over 1,000 to 1, 500 gallons 240.00
Over 1, 500 to 2, 000 gallons 300.00
Over 2, 000 to 2, 500 gallons 360.00
Over 2, 500 to 3, 000 gallons 480.00
Over 3, 000 to 3, 500 gallons 600.00
Over 3, 500 to 4, 000 gallons 720.00
Over 4, 000 to 8, 000 gallons 900.00
Over 8, 000 to 10, 000 gallons 1,200.00
Over 10,000 to 50,000 gallons 1,800.00

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 Over 50,000 to 200,000 gallons 2,700.00
Over 200,000 to 500,000 gallons 3,600.00
Over 500,000 to 1, 500,000 gallons 4,800.00
Over 1,500,000 gallons 6,000.00
(2) With flash point at above 200 F and below 700 F such as alcohol, amyl acetate, tuluol,
ethyl acetate:
Over 5 to 25 gallons 22.00
Over 25 to 50 gallons 30.00
Over 50 to 100 gallons 45.00
Over 100 to 500 gallons 75.00
Over 500 to 1,000 gallons 120.00
Over 1,000 to 5,000 gallons 300.00
Over 5,000 to 25,000 gallons 600.00
Over 25,000 to 50,000 gallons 1,200.00
Over 50,000 gallons 1,500.00
(3) With flash point at above 70 degrees F up to 200 degrees F such as turpentine, thinner,
prepared paints, cleansing solvents, polishing liquids:
Over 5 to 25 gallons 11.00
Over 25 to 50 gallons 18.00
Over 50 to 100 gallons 30.00
Over 100 to 1,000 gallons 75.00
Over 1,000 to 5,000 gallons 150.00
Over 5,000 to 10,000 gallons 300.00
Over 10,000 to 50,000 gallons 450.00
Over 50,000 to 100,000 gallons 750.00
Over 100,000 to 500,000 gallons 1,200.00
Over 500,000 gallons to 900,000 gallons 2,250.00
Over 900,000 gallons 3,000.00
(4) With flash point of over 200 degrees F when subject to spontaneous ignition or is
artificially heated to a temperature equal to or higher than its flash point such as
petroleum oil, crude oil, others:
Over 5 to 25 gals 11.00
Over 25 to 50 gals 18.00
Over 50 to 100 gals 30.00
Over 100 to 500 gals 90.00
Over 500 to 1,000 gals 180.00
Over 1,000 to 20,000 gals 300.00
Over 20,000 gals 450.00
(b) Flammable gases:
(1) Acetylene, hydrogen, coal gas, and other flammables in gaseous form, except Liquefied
Petroleum Gas and other compressed air.
Over 15 to 25 gals P 15.00
Over 25 to 100 gals 30.00
Over 100 to 500 gals 90.00
Over 500 to 2,000 gals 180.00
Over 2,000 to 10,000 gals 450.00
Over 10,000 to 50,000 gals 900.00
Over 50,000 to 100,000 gals 1,350.00
Over 100,000 gals 2,250.00
(c) Combustible solids:
(1) Calcium Carbide:
Over 10 up to 20 kgs. 33.00
Over 20 up to 50 kgs. 45.00
Over 50 up to 500 kgs. 90.00
Over 500 up to 1,000 kgs. 135.00
Over 1,000 up to 5,000 kgs. 180.00
Over 5,000 up to 10,000 kgs. 225.00
Over 10,000 up to 50,000 kgs. 337.50
Over 50,000 kgs. 450.00
(2) Pyrolyxin:
Over 10 to 50kgs. 30.00
Over 50 to 200 kgs. 60.00
Over 200 to 500 kgs. 120.00
Over 500 to 1,000 kgs. 225.00
Over 1,000 to, 3,000 kgs. 450.00
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 Over 3,000 to 10,000 kgs. 750.00
Over 10,000 kgs. 1,500.00
(3) Matches:
Over 25 to 100 kgs. 30.00
Over 100 to 500 kgs. 150.00
Over 500 to 1,000 kgs. 300.00
Over 1,000 to 5,000 kgs. 600.00
Over 5,000 kgs. 1,200.00
(4) Nitrate, phosphorous, bromine, sodium, picric acid, and other hazardous explosive,
corrosive, oxidizing and lachrymatory properties:
Over 5 to 25 kgs. 30.00
Over 25 to 100 kgs. 45.00
Over 100 to 500 kgs. 112.00
Over 500 to 1,000kgs. 225.00
Over 1,000 to 5,000 kgs. 337.50
Over 5,000 kgs. 450.00
(5) Shredded combustible materials such as wood shavings (kusot), waste (estopa), sisal,
oakum, and other similar combustible shaving and fine materials:
Over 9 to 100 cu.ft. 30.00
Over 100 to 50 cu.ft. 80.00
Over 500 to 1,000 cu.ft. 135.00
Over 1,000 to 2,500 cu.ft. 225.00
Over 2,500 cu.ft. 337.50
(6) Tar, resin, waxes, copra, rubber coal, bituminous coal and similar combustible materials:
Over 50 to 100 kgs 33.00
Over 100 to 1,000 kgs 67.50
Over 1,000 to 5,000 kgs 135.00
Over 5,000 kgs 225.00

SECTION 547. Time of Payment. Upon issuance of the Order of Payment by the City Engineer or
his authorized representative, the fees imposed herein shall be paid to the City Treasurer.

SERVICE FEES
FEES FOR VERIFICATION AND INSPECTION OF SUBDIVISION

SECTION 548. Definition.

A. Subdivision – refers to a tract or parcel of land divided into two or more lots, sites or other
divisions for the purpose of building development. It includes re-subdivision and when
appropriate to the context relative to the process of subdivisions, can be commercial or
residential;
B. Commercial Subdivisions –are for factory site, commercial center, and building for office space
or recreation center, and open to the public;
C. Residential Subdivisions – are for housing projects or for residential purposes.

SECTION 549. Imposition of Fee. There shall be collected for the inspection and verification of
subdivision, proposed or otherwise, within the jurisdiction of this City based on the following rates:
SCHEDULE OF FEES

I. ZONING/LOCATIONAL CLEARANCE
Project cost of which is:
(1) Single Residential structure attached or detached;
(a) P 100,000 and below P 200.00
(b) Over P100, 000 to 200,000 400.00
(c) Over P200, 000 500.00
+ 1/10 of 1% in excess of P200, 000
(2) Apartment / Townhouses;
(a) P 500,000 and below P 1,000.00
(b) Over P500, 000 to 2 Million 1,500.00
(c) Over P2 Million 2,500.00
+ 1/10 of 1% in excess of P2 Million regardless of the number of doors
(3) Dormitories;
(a) P2 Million and below 2,500.00
(b) Over P2 Million 2,500.00
+ 1/10 of 1% in excess of P2 Million regardless of the number of doors

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(4) Commercial, Industrial and Agro-Industrial;
(a) Below P100, 000 P 1,000.00
(b) Over P100, 000 to P 500,000 1,500.00
(c) Over P500, 000 to P 1 Million 2,000.00
(d) Over P1 Million to P2 Million 3,000.00
(e) Over P2 Million 5,000.00
+ 1/10 of 1% in excess of P 2 Million
(5) Special Uses / Special Projects;
(Gasoline Stations, Cell Sites, slaughterhouses, treatment Plants, etc.)
(a) Below P2 Million 5,000.00
(b) Over P2 Million 5,000.00
+ 1/10 of 1% in excess of P2 Million
(6) Alteration /Expansion (affected areas/ cost only)
(Same as original application)
(7) Other Certifications;
(a) Zoning Certification 100.00
(b) Certificate of Exemption for Residential
(c) Building within Approved Subdivision 100.00
Certificate of Non-Conformance 500.00

II. SUBDIVISION AND CONDOMINIUM PROJECTS (under PD 957)

(1) Approval of Subdivision Plan (including Town Houses)

(a) Preliminary Approval and Locational Clearance
(PALC) / Preliminary Subdivision Development
Plan (PSDP) per Ha. 250.00
(1) Inspection Fee per Ha. 1,000.00
(regardless of density)
(b) Final Approval and Development Permit per Ha 2,000.00
(regardless of density)
(1) Additional Fee on Floor Area of Houses
and building sold with lot per Ha. 2.00

(2) Inspection Fee per Ha. (Regardless of density) 1, 000.00

(Not applicable for projects already inspected for PALC application)
(3) Alteration of Plan (affected areas only)
(4) Certificate of Completion per Ha. 1,000.00
(Regardless of density)
(5) Extension of Time to Develop 350.00
(c) Inspection Fee per Ha. 1,000.00
(Regardless of density)

(2) Approval of Condominium Projects

Final Approval and Development Permit
(a) Processing Fee
(1) Land Area per sq m. 5.00
(2) No. of Floors per floor 200.00
(3) Building Areas per sq. m. 4.00
(4) Inspection Fee per sq. m. of GFA 12.00
(b) Alteration of Plan (affected areas only)
(Same as Final Approval & Development Permit)
(c) Conversion (affected /unfinished areas only)
(Same as Final Approval & Development Permit)
(d) Extension of Time to Develop
(1) Processing Fee 350.00
(2) Inspection Fee per sq. m. of GFA 12.00
(affected /unfinished areas only)
(e) Certificate of Completion
(1) Certificate Fee 150.00
(2) Processing Fee per sq. m. of GFA 12.00

(3) Projects under BP 220

Subdivision
(1) Preliminary Approval and Locational Clearance:
(a) Socialized Housing per Ha. 75.00
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 (b) Economic Housing per Ha. 150.00
Inspection Fee:
(a) Socialized Housing per Ha. 200.00
(b) Economic Housing per Ha. 500.00
(2) Final Approval and Development Permit
Processing Fee:
(a) Socialized Housing per Ha. 500.00
(b) Economic Housing per Ha. 1,000.00
(c) Alteration of Plan (affected areas only)
(Same as Final Approval & Development Permit)
(3) Building Permit per sq. m. 5.00
(floor area of housing unit)
(4) Extension of Time to Develop
Filling Fee:
(a) Socialized Housing per Ha. 350.00
(b) Economic Housing per Ha. 350.00
(5) Certificate of Completion
Certificate Fee:
(a) Socialized Housing per Ha. 150.00
(b) Economic Housing per Ha. 150.00
Processing Fee:
(a) Socialized Housing per Ha. 200.00
(b) Economic Housing per Ha. 500.00
(6) Occupation Permit
Inspection Fee:
(Saleable floor area of the housing unit)
(a) Socialized Housing per sq. m. 5.00
(b) Economic Housing per sq. m. 5.00
Condominium
Preliminary Approval and Locational Clearance 500.00
Final Approval and Development Permit
(a) Inspection Fee per sq. m. of GFA 2.00
(b) Total Land Area per sq. m. 5.00
(c) Number of Floor per floor 100.00
(d) Building Area per sq. m. of GFA 2.00
(7) Alteration Plan (affected /unfinished areas only)
(Same as Final Same Approval & Development Permit)
(8) Extension of Time to Develop 350.00
Inspection Fee:
(a) (FA x P2.00 x % of remaining development cost) per sq. m. 2.00
(9) Certificate of Completion
(a) Certificate Fee 150.00
(b) Processing Fee per sq. m. of GFA 3.00

(4) Approval of Industrial/Commercial Subdivision

(1) Preliminary Approval and Locational Clearance per Ha. 300.00
(a) Inspection Fee per Ha. 1,000.00
(regardless of inspection)
(2) Final Approval and Development Permit per Ha. 5,000.00
(a) Inspection Fee per Ha. 1,000.00
(regardless of inspection)
(Projects already inspected for PALC application may not be charge inspection fee)
(3) Alteration of Plan (affected areas only)
(4) Extension of Time to Develop per Ha. 350.00
(a) Inspection Fee per Ha. 1,000.00
(affected/unfinished areas only)
(5) Certificate of Completion
(a) Industrial per Ha. 350.00
(regardless of inspection)
(b) Commercial per Ha. 500.00
(regardless of inspection)

(5) Approval of Farm lot Subdivision

(1) Preliminary Approval and Locational Clearance per Ha. 300.00
(a) Inspection Fee per Ha. 500.00
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(2) Final Approval and Development Permit per Ha. 1,000.00
(Projects already inspected for PALC application may
not be charge inspection fee)
(3) Alteration of Plan (affected areas only)
(same as Final Approval and Development Permit)
(4) Extension of Time to Develop 350.00
(a) Inspection Fee per Ha. 1,000.00
(affected/unfinished areas only)
(5) Certificate of Completion
(a) Certificate Fee 150.00
(b) Processing Fee per Ha. 1,000.00

(6) Approval of Memorial Park/Cemetery Project/Columbarium

(1) Preliminary Approval and Locational
(a) Memorial Projects per Ha. 500.00
(b) Cemeteries per Ha. 200.00
(c) Columbarium per Ha. 2,500.00
Inspection Fee:
(a) Memorial Projects per Ha. 1,000.00
(b) Cemeteries per Ha. 500.00
(c) Columbarium per sq. m.of GFA 12.00
(2) Final Approval and Development Permit per Ha. 1,000.00
(a) Memorial Projects per sq. m. 2.00
(b) Cemeteries per sq. m. 1.00
(c) Columbarium per sq. m. of land area 200.00
Inspection fee per Ha. 500.00
(Projects already inspected for PALC application may not be charge inspection fee)
(a) Memorial Projects per Ha. 1,000.00
(b) Cemeteries per Ha. 500.00
(c) Columbarium per sq. m. of GFA 12.00
(3) Alteration Fee
(same as a /unfinished areas only)
(4) Extension of Time to Develop
Inspection Fee (affected /unfinished areas only)
(a) Memorial Projects per Ha. 1,000.00
(b) Cemeteries per Ha. 500.00
(c) Columbarium per sq. m. of GFA 12.00
(5) Certificate of Completion
(a) Certificate Fee 150.00
(b) Processing Fee per Ha. 1,000.00
(c) Memorial Projects per Ha. 1,000.00
(d) Cemeteries Per Ha. 500.00
(e) Columbarium per sq. m. of GFA 4.00
(7) Other Transactions / Certifications
(1) Other Certifications
(a) Zoning Certifications per Ha. 500.00
(b) Certification of Town Plan/Zoning.
Ordinance Approval per Ha. 150.00
(c) Certification of New Rights/Sales per Ha. 150.00
(d) Certificate of Registration (form) Per Ha. 150.00
(e) License to Sell (form) per Ha. 150.00
(f) Certificate of Creditable Withholding Tax per Ha. 150.00
(g) Others, to include:
(2) Availability to records/public request 200.00
(3) Certificate of no records on file 200.00
(4) Certification of with or without CR/LS 200.00
(5) Certified xerox copy of documents (report size)
(a) Document of five (5) pages or less 30.00
(b) Every additional page 3.00
(6) Photocopy of Documents 2.00
(8) Legal Fees
(1) Filing Fees 1,000.00
(2) Additional Fee for Claims
(for refund, damages, Attorney’s fees etc.)
(a) Not more than P20, 000.00 120.00
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 (b) More than P20,000.00 but less than P80, 000.00 400.00
(c) P80, 000.00 or more but less than P100, 000.00 600.00
(d) P100, 000.00 or more but less than P150,000.00 1,000.00
(e) For every P1,000.00 in excess of P150, 000.00 5.00
(3) Petition for Review 2,000.00
(4) Pauper-litigants are exempt from payment of legal fees:
(a) Those whose gross income is not more than Six Thousand Pesos per month residing
outside Masbate City
(b) Those whose gross income is not more than Four Thousand Pesos per month residing
within Masbate City
(c) Those who do not own real property.
(5) Government Agencies and its Instrumentalities are exempted from paying legal fees.
(6) Local Governments & Government Owned or Controlled Corporations with or without
independent charters are not exempted from paying the fees.

SECTION 550. Time of Payment .The fee shall be paid to the City Treasurer upon application but
prior to the issuance of the compliance certificate by the Zoning Officer through the City Mayor.
Thereafter, the fee shall be paid to the City Treasurer annually until the construction of the roads,
bridges, drainage systems and other specifications mentioned in the subdivision plan are completed
and the final inspection has been made.

SECTION 551. Administrative Provisions. All constructions, repairs, improvements of buildings,

structure of all business establishments shall be started only when the owner thereof has secured
the Zoning Compliance Certificate from the City Mayor through the Zoning Officer. The fee imposed
herein shall be without prejudice to the impositions of the Housing and Land Use Regulatory Board.

OFFICE AND MISCELLANEOUS FEES

SECTION 552. Imposition of Fees. There shall be collected the following fees from every person
requesting for copies of the official records and documents from the office of the Sangguniang
Panlungsod and from the different offices of this City, as follows;

1. Certification, clearance and similar documents P 30.00

2. Where the copy to be furnished is in printed form in
whole or in part, for each page (double this fee if there
are two pages in a sheet) 35.00
3. Certified true copy of any document with seal of office
First 20 pages 10.00/page
Succeeding pages 5.00/page
4. Xerox/Photocopy of any document 5.00/page

SECTION 553. Manner and Time of Payment. The requestor shall secure the assessment of fee
from the Records Officer of its offices, which shall be the basis of payment with the City Treasurer.
The fee shall be paid to the City Treasurer by the interested person before the issuance of the copy
of any record or document is made.

LOCAL REGISTRY FEES

SECTION 554. Imposition of Fee. There shall be collected fees for the services rendered by the
Local Civil Registrar of this City based on the following;

(a) For registration of the following and certified copies of documents on file in the office of Local
Registrar:

(1) Adoption 50.00

(2) Annulment of Marriage 50.00
(3) Legal Separation or Divorce 50.00
(4) Naturalization 75.00
(5) Option of elect Filipino Citizenship 110.00
(6) Certified copies of any document in the
register, each 100 words 50.00
(7) Court decision or order to correct or change entries
in any certificate of birth, death or marriage 50.00

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 (8) Voluntary emancipation of minor 50.00
(9) Repatriation or voluntary renunciation
of citizenship 82.50
(10) Recognition or impugning or denying
such registration, recognition or acknowledgment 50.00
(11) Judicial determination of paternity or affiliation 100.00
(12) Court decision in the custody of children for
guardianship or adoption 50.00
(13) Aliases 50.00
(14) Late registration of live birth one year and over 50.00
(15) Late registration of live birth less than one year 25.00
(16) Certified copies of marriage contract, each 50.00
(17) Certification of death: For claims
and settlement of estate 50.00

(b) Certification of Live Birth:

(1) For student 22.00
(2) For employment 50.00
(3) For travel abroad 100.00
(4) For retirement and claims 75.00
(5) For application to take board exam 50.00
(6) For establishment citizenship 55.00

(c) Application Fees Pursuant to Republic Act No. 9048

(1) Change of Name/Nickname 3,000.00
(2) Service fee 1,000.00
(3) Correction of Clerical Error 1,000.00
(4) Service Fee 500.00

(d) Batch Request System:

(1) Certificate of Live Birth 350.00
(2) Certificate of Marriage 350.00
(3) Certificate of Death 350.00
(4) Certificate of No Marriage (CENOMAR) 380.00

(e) Marriage Fees:

(1) Application for marriage license 75.00
(2) Filing Fee 50.00
(3) Marriage license fee 10.00
(4) Marriage solemnization fee (mayor/judge) 50.00
(5) Research Fee 10.00
(6) Family Planning (City Health Office) 30.00
(7) Counseling (CSWDO) 30.00

(f) Permit for cadaver disposition:

(1) Burial permit fee 50.00
(2) Fee for exhumation of cadaver 25.00
(3) Fee for disinterment or removal of cadaver 50.00
(4) Entrance fee and transfer of the cadaver
from the City to other places outside this City 50.00

(g) Other service fees/research fees:

(1) For the preparation of marriage license 20.00
(2) For the registration of divorce 50.00
(3) For the registration of adoption 50.00
(4) For registration of legitimation 50.00
(5) For the registration of naturalization 22.00
(6) For the registration of change of name 25.00
(7) For service in the issuance of copies of
documents and other official records 25.00
(8) Mayor’s clearance 11.00

SECTION 555. Exemptions. The above fees shall not be collected in the following cases:
(1) Issuance of certified copies of documents for use at the request of a competent court or other
government agencies.
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(2) Issuance of certified true copies birth certificates of children reaching school age when such
certificates are required for admission to the primary grade in a public school.
(3) Burial Permit for a pauper, upon recommendation of the City Mayor.

SECTION 556. Time of Payment . The fee imposed herein shall be paid to the City Treasurer before
the registration of the document or birth or issuance of a certified copy of local civil registry
documents.

SECTION 557. Administrative Provision. A marriage license shall not be issued unless a certificate
is issued by the Local Civil Registrar that the applicants have undergone lectures in Family Planning
conducted by the Office of the City Health Officer and Counseling conducted by the City Social
Welfare and Development Office.

The provisions of the Civil Registry Laws, Act No. 3753 and other special laws having reference to
civil registry shall govern matters not herein provided.

POLICE CLEARANCE FEE

SECTION 558. Imposition of Fees and Manner of Payment. There shall be collected a service fee
for each police clearance which shall be paid to the City Treasurer upon application for the clearance
based on the following rates:
(1) Police Clearance:
(a) For scholarship, employment, study grants
and other purposes not herein specified P 50.00
(b) For firearms permit application 200.00
(c) For travel abroad 300.00
(d) For change of name 25.00
(e) For passport or visa application 50.00
(f) For application for Filipino citizenship 400.00
(2) Research clearance fee 15.00

CLEARANCE FEES

SECTION 559. Imposition of Fees. There shall be collected service fees for every clearance
certificate issued by the City Mayor, City Treasurer, City Assessor and other officials to every person
who is required by law to secure the same based on the following rates:
(1) Application/Filing fee P 10.00
(2) Mayor’s clearance fee 75.00
(3) Tax clearance certificate for every business establishment, 75.00
(4) Renewal of business permit bonding or other purposes 75.00
(5) Research fee 15.50
(6) Certification of Land Holding 80.00
(7) Certification of Real Property with or without improvements 80.00
(8) Certification for Bail Bond 80.00
(9) Annotation of Bail Bond 100.00
(10) Annotation of Mortgage of Real Property 400.00
(11) Certified photo/true copy of Tax Declaration/Document/copy 30.00
(12) Certificate of No encumbrance 75.00

SECTION 560. Time of Payment. The clearance fees imposed herein shall be paid to the City
Treasurer upon verification that all tax obligations are fully paid before a certificate may be issued.

SECTION 561. Administrative Provision. Every applicant shall first accomplish the application form
intended for the purpose and shall pay the corresponding filing fee before the concerned official shall
issue a clearance certificate.

SERVICE FEE FOR HEALTH EXAMINATION AND SANITARY INSPECTION

SECTION 562. Imposition of Fees.

A- HEALTH EXAMINATION FEES - There shall be collected from every person who is required to
undergo physical and medical/health examinations for diagnostic purposes a Health Examination
Fee based on the following rates;
(1) Laboratory Examinations

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 (a) Complete Blood Count with diff counts P 25.00
(b) Complete blood count with Platelet counts 30.00
(c) Platelet Count 25.00
(d) Urinalysis 15.00
(e) Fecalysis 15.00
(f) Blood Typing 25.00
(g) Pregnancy Test 75.00
(h) Gram Staining 100.00
(i) AFB Staining 100.00
(j) Sperm Cell Determination 100.00
(2) Dental Services
(a) Extraction with anesthesia/needle 40.00
(b) Extraction without anesthesia/needle 25.00
(c) Filling, permanent 75.00
(d) Prophylaxis 250.00
(3) Medical Certificates – issued for the following purposes;
(a) Drivers License 50.00
(b) Employment to private or Government Institution 50.00
(c) Sick Leave/ Return to Work 50.00
(d) Application for Bonds 50.00
(e) Benefits/ Claims 50.00
(4) Permits
(a) Reopening of Tombs 50.00
(b) Transfer of Cadaver 50.00
(5) Certification Fee
(a) Certificate of Water Pot ability 60.00
(b) Sanitary Survey of Water Sources 100.00
(c) Drinking Water Site Clearance 100.00
A fee of five pesos shall be collected for each additional copy of the certificates or subsequent
issuance thereof.

B- SANITARY INSPECTION FEES – There shall be imposed a Sanitary Inspection Fee to every
owner/operator of business establishments operating in the City of Masbate in accordance with the
following rates;

(1) Financial institution such as banks, pawnshops, insurance companies finance and
other investments companies, dealers in securities and foreign exchange dealers:
(a) Main Office 225.00
(b) Every Branch Office 150.00
(2) Gasoline service and refilling stations 375.00
(3) Private hospitals 600.00
(4) Medical clinics and dental and animal hospitals 225.00
(5) Dwelling and other spaces for lease or rent
(6) Hotels, motels, apartels, pension inns and drive inns;
(a) With 150 or more or more rooms 600.00
(b) With 100 to 149 rooms 450.00
(c) With 50 to 99 rooms 300.00
(d) With 25 to 49 rooms 150.00
(e) With less than 25 rooms 112.50
(7) Apartments, per door 30.00
(8) House for rent, per sq. m. 1.00
(9) Dormitories, lodging or boarding houses
with accommodations for:
(a) 40 or more boarders or lodgers 375.00
(b) 15 to 39 boarders or lodgers 225.00
(c) Less than 15 boarders and lodgers 150.00
(10) Learning institutions 450.00
(11) Media facilities 150.00
(12) Telegraph, Teletype, cable and wireless
Communication companies 150.00
(13) Telephone, electric and power companies:
(a) Main Office 300.00
(b) Every branch office 150.00
(14) Administration, display offices and/or offices of professionals 75.00
(15) Peddlers 15.00
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 (16) Lending investors 150.00
(17) All other businesses, industrial, commercial,
agricultural establishments not specifically mentioned above:
(a) With area of 1,000.00 sq. m. or more 600.00
(b) 500 or more but less than 1,000 sq. m. 450.00
(c) 200 or more but less than 500 sq. m. 300.00
(d) 100 or more but less than 200 sq. m. 225.00
(e) 50 or more but less than 100 sq. m. 150.00
(f) 25 or more but less than 50 sq. m. 75.00
(g) Less than 25 sq. m. 45.00
(18) Manufacturers, producers, foundry shop, laboratories,
privately owned markets, shopping centers, talipapas and warehouses 600.00
(19) Amusement places, such as theaters, coliseums, sauna baths,
massage clinics, operators of golf course, cockpits arenas, bowling
alleys or stadium 600.00
(20) Other amusement places not mentioned above 400.00
(21) Importer, exporter, and wholesaler 600.00
(22) Public eating places, such as restaurant,
refreshment parlors, carenderia, etc;
(a) Public eating places with 50 or more personnel 600.00
(b) Public eating places with less than 50 personnel 400.00
(23) Establishments offering services such as welding, vulcanizing
printing, publishing, tailoring, Barbering and other similar services 350.00
(24) Funeral parlors 400.00
(25) Retailers and other establishment not included above 100.00
(26) Occupancy sanitary permit fee shall be imposed on newly
constructed buildings/dwelling houses, on the following;
(a) Residential 100.00
(b) Commercial 200.00
(c) Industrial 300.00
(27) Inspection charges for marine transport per ship/vessel/tanker, etc. 600.00

SECTION 563. Time of Payment. The fee shall be paid to the City Treasurer after the medical or
dental and or sanitary inspection services is conducted but before the issuance of the medical
certificate/ sanitary inspection certificate.

SECTION 564. Administrative Provisions.

(a) Health Certificate
(1) Individuals engaged in an occupation, the nature of job or work which is in connection
with the preparation of foodstuff, whether cooked or raw in form, entertainment and personal
services are hereby required to undergo physical or medical examinations at least twice a
year;
(2) The owners, managers or operators of business establishments shall see to it that their
employees or workers shall undergo physical or medical/health examination and must have
been issued the medical certificate and blue card;
(3) The City Health Officer and the Dentist shall keep a record of physical and other health
examinations conducted and the applicant shall be issued a chronologically number and
serialized heath certificate. Copies of the medical certificates issued indicating the names of
the applicants, date and the purpose of the examinations were made shall be maintained.

(b) Sanitary Inspection Certificate

(1) Every owner/operator of business, industrial, commercial or agricultural establishments,
accessories, buildings or houses for rent shall secure a sanitary certificate or permit for the
purpose of supervision and enforcement of existing rules and regulations on sanitation and
safety of the public upon payment to the City Treasurer the annual fee prescribed in this
chapter;
(2) In case a person, partnership or corporation conducts two or more businesses in one
place or establishment, the sanitary inspection permit fee shall be imposed on the business
with higher rate.

SERVICE FEE FOR GARBAGE COLLECTION

SECTION 565. Imposition of Fees. There shall be collected from every owner or operator of
business establishments within this city and from any person owning residence along the perimeter

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of all national, provincial or city roads within this city, an annual garbage fee based on the following
schedule:
(a) Manufacturer of any article of commerce assembler, repackers,
processors, including brewers, distillers, rectifiers and compounders
of liquor, distilled spirit and wines P 500.00
(b) On wholesalers, distributors or dealer in any article of commerce 500.00
(c) On importers, exporters and/or manufacturers, millers
of essential commodities 500.00
(d) On Construction firms 500.00
(e) On retailers;
(1) Sari-sari store (small) 200.00
(2) Sari-sari store (big) 300.00
(3) Bazaars, groceries, drugstores, department store, etc. 400.00
(4) Supermarkets and malls 500.00
(5) And others 200.00
(f) On cafes, cafeterias, restaurants, ice cream and other refreshment
parlors, soda fountain, bars, carenderias and similar establishments
with an aggregate floor area of:
(1) Less than 20 sq. meters 200.00
(2) 20 sq. m. or more but less than 50 sq. m. 300.00
(3) 50 sq. m. or more but less than 100 sq. m. 400.00
(4) 100 sq. m. or more 500.00
(g) On service, business establishment, financial Institutions, amusement
places, lodging places, hotels, appartelles, pub or disco house, beer houses
or gardens 500.00
(h) On owners of residential houses to be collected by the
barangay and shall be allows a share of 40% 200.00
(i) On all other establishments not mentioned above 200.00

SECTION 566. Time and Manner of Payment. The fee imposed herein shall be paid to the City
Treasurer in advance within the first twenty days of January of each year in case of annual payment
on or before the 10th day of each month in case of monthly payment.

SECTION 567. Administrative Provisions:

A. For the purpose of this Article, the garbage collection area shall be within the city, including all
the nearby barangays within the poblacion.
B. The owner or operator of every business establishment shall provide on his premises garbage
can or receptacles, properly covered, which shall be placed in front of his establishment or house
before the time of collection of garbage.
C. The City Environment Officer or his authorized representative and the City Mayor or his
authorized representative shall inspect every business establishment once every week to
determine compliance with the garbage disposal rules and regulations or whether the garbage is
properly disposed of or collected within the garbage collection area.

OTHER FEES AND CHARGES

SLAUGHTER AND CORRAL FEE

SECTION 568. Imposition of Fees. Before any animal is slaughtered for public or home
consumption, a permit therefore shall be secured from the City Mayor thru the City Veterinarian or
his duly-authorized representative, who shall determine whether the animal or fowl is fit for human
consumption upon payment to the City Treasurer the following fees;
(a) Permit to slaughter;
(1) Large cattle, per head P 27.00
(2) Hogs, per head Less than 50 kilos 14.00
(3) Over 50 kilos, per kilo in excess of 50 kilos 6.00
(4) Other animals 12.00
(b) Slaughter Fee:
(1) For public consumption:
(a) Large cattle, per head 20.00
(b) Hog, per head 14.00
(c) Other animals, per head 7.00
(2) For Home consumption:
(a) Large cattle, per head 20.00
(b) Hog, per head 14.00
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 (c) Other animals, per head 7.00
(c) Corral fee, per head, per day:
(a) Large Cattle 7.00
(b) Hogs 7.00
(c) Other Animals 3.00
(d) Post-mortem Fee There shall be paid to cover the cost of service in the conduct of post-mortem
examination of all kinds of meat slaughtered in the city slaughterhouse being brought to the public
market for sale, based on the following rates:
(a) Beef, carabeef, per kilo 2.50
(b) Pork, per kilo 2.50
(c) Other meat, per kilo 1.00
(e) Livestock development fund: per head of large cattle 10.00
(f) Service fee for the use of van in transferring the dressed
Meat from the slaughterhouse to the market per head
a) Large Cattle 15.00
b) Hogs 10.00

SECTION 569. Time of Payment. The fee imposed in this Article shall be paid to the City Treasurer
in the following manner.
A. Permit fee to slaughter – shall be paid to the City Treasurer upon application for a permit to
slaughter with the City Mayor thru the City Veterinarian.
B. Slaughter Fee – shall be paid to the City Treasurer before the animal is removed from the public
a slaughterhouse, or before the slaughtering of the animal if it takes place outside the public
slaughterhouse.
C. Corral Fee – shall be paid to the City Treasurer before the animal is kept in the corral. If the
animal is kept in the corral beyond the period paid for, the fee due on the unpaid period shall be
first paid before the animal is removed from the corral for slaughter or for shipment purposes.
D. Transfer Fee – shall be paid to the City Treasurer before using the van for the transfer of meat
from the slaughterhouse to the public market.

SECTION 570. Administrative Provisions.

A. The slaughter of any kind of animal intended for sale shall be done only in the City
Slaughterhouse designed as such by the Sangguniang Panlungsod. Those intended for home
consumption may be done elsewhere, except large cattle which shall be slaughtered only in the
public slaughterhouse. Animals slaughtered for home consumption shall be sold or offered for
sale.
B. The slaughter of carabao shall be governed by Memorandum Circular No. 4 issued dated
November 12, 1980 of the Bureau of Animal Industry, Department of Agriculture.
C. Before issuing the permit to slaughter of large cattle, the City Treasurer shall require the
branding of the cattle, the certificate of ownership if the owner is the applicant, or the original
certificate of ownership and certificate of transfer showing title in the name of the person applying
for the permit if he is not the original owner. If the applicant is not the original owner and there is
no Certificate of Transfer made in his favor, one such certificate shall be issued and be made in
his favor, and the corresponding fee be collected therefore. For unbranded cattle that have not
yet reached the age of branding, the City Treasurer shall require such evidence satisfactory to
him regarding the ownership of the animal for which the permit to slaughter has been requested.
For unbranded cattle of the required age, the necessary certificate of ownership and transfer
certificate shall be issued and the corresponding fees shall be collected before the slaughter
permit is granted.
D. Before any animal is slaughtered for public consumption, a permit therefore shall be secured
from the City Mayor thru the City Veterinarian. The permit shall bear the date and month of
issuance and stamp of the City Health Officer, as well as the page of the book in which said
permit number is entered and wherein the name of the permittee, the kind and sex of the animal
to be slaughtered appear.
E. The permit to slaughter shall be kept by the owner or posted in a conspicuous place in his stall or
place of business at all times.

CEMETERY CHARGES

SECTION 571. Imposition of Fees. There shall be collected the following cemetery charges:
(1) Rental fee for each burial lot consisting of 1x2 sq.m. or fraction thereof
for a lease period of ten years, per year P 150.00
(2) Rental fee, per year for five years of the niche or

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 apartment surrounding the cemetery 300.00

SECTION 572. Time of Payment . A One year advance payment shall be paid to the City Treasurer
prior to the interment of the dead.

SECTION 573. Administrative Provisions:

A. Place of burial - except in such cases as maybe allowed, it shall be unlawful for any person to
bury or inter, or cause to be buried or interred, either temporary or permanent, any dead or
human remains in any place other than the City Cemetery established under existing law or
ordinance.
B. Death Certificate- a dead or human remains shall not be buried without a Death Certificate
issued by the attending physician or by the City Health Officer or by the City Civil Registrar, as
the case may be.
C. Book of Account – The City Treasurer shall kept a book of accounts of all money received and
paid out on account of City Cemetery, together with such other information as are necessary.
D. The City Treasurer shall furnish the City Mayor a list of date expiration of the lease of cemetery
lots thirty days before expiration. The lease shall be renewed at the option of the leasee.

CHARGES FOR USE OF PARKING LOTS

SECTION 574. Imposition of Fees. Grant of Exclusive Rights. The Sangguniang Panlungsod
hereby grants the exclusive rights to operate the parking lots/areas located at the Masbate City
Public Market to the highest bidder in a purpose and for which the minimum monthly or daily rental is
fixed as follows:
(1) Parking area for Jeepneys 1,500.00
(2) Parking area for Tricycle 700.00
(3) Parking area designed for trucks, vans,
etc., for the first two hours, per park 20.00
(4) For privately-owned vehicles, jeep
etc., for the first two hours, per park 5.50
(5) For private tricycle MTOP first two hours 3.50
(6) Every hour hours thereafter for trucks, vans, etc. 5.50
(7) Every hours thereafter for privately-owned
vehicles, jeeps, etc. 3.30
(8) Every hour thereafter for privately-owned tricycle 2.20

SECTION 575. Time of Payment. Duration of Lease. The grant of exclusive rights to operate parking
areas shall be one year.
The daily parking fee shall be paid after parking the vehicles in the parking area so designated by
the Sangguniang Panlungsod. The annual rental for the lease shall be paid in advance, each
subsequent payment shall be made within the first ten days of the month following:

SECTION 576. Creation of Public Auction Committee. There is hereby created a committee to
conduct the public auction, to be constituted as follows:
(1) The City Mayor, as Chairman
(2) A member of the Sangguniang Panlungsod, as member
(3) The City Treasurer, as member

SECTION 577. Administrative Provision. The lease of the parking areas shall not be change for
more than the rate prescribed under existing laws and ordinances of this City. The lessee shall at all
times follow safety measures to maintain the cleanliness of the parking areas by providing trash
boxes within the premises.

SPECIAL PROVISIONS

REGULATING FISHING AND/OR FISHERY PRIVILEGES IN THE CITY OF MASBATE

SECTION 578. Declaration of Policy. The City Government having jurisdiction over city waters, shall
be responsible for the management, conservation, development, protection, utilization and
disposition of all fishing and fishery/ aquatic resources, including preferential rights in the
management and access to the fishery for marginal fishermen-residents of the City.

SECTION 579. Definition of Terms. The following terms and phrases as defined in this Article.

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1. Auxiliary Invoice – An invoice issued by the City Government for all fish and fishery products
prior to their transport from Masbate City to their points of destination in the Philippines and/or for
export purposes upon payment of the fees prescribed in this Article;
2. Baby Trawl – A fishing gear operated by a fishing boat three gross tons or less consisting of a
net made in the form of a conical bag with the mouth kept open by various device (as otter
boards/doors, wooden or iron beam, two boats and an extra long ropes) and the entire gear
towed and trailed, to capture fish or aquatic products;
3. City – Refers to the City of Masbate;
4. City Government – Refers to the City Government of Masbate;
5. Fishing Boat – Refers to a fishing boat three gross registered tons or less used for fishing;
6. City Waters - Referred to Municipal water in R.A. 8550, within the City and not being the subject
of private ownership nor comprised within the national parks, public forests, timberlands forest
reserves, but also marine waters included between two lines drawn perpendicular to the general
coastline from the points where the boundary lines of the city touch to sea at low tide and a third
line parallel with the general coastline fifteen kilometers from the coastline of the outermost
inhabited island of the city. Where the city and a municipality are so situated on the opposite
shores that there is less thirty kilometers of marine waters between them, the third line shall be a
line equidistant from the respective shore of the city or the municipality;
7. Closed Season – The period which, the taking of specific fish and marine or aquatic products are
prohibited in a specified area or areas in the City Waters for conservation, ecological purposes
and the protection of rare, threatened and/ or endangered species and their eggs/offspring
including, but not limited to tawilis, dugong, giant clams, green turtles (pawikan) and hawk bill
turtles, fresh water and salt water crocodiles;
8. Commercial Fishing – The taking of fish with a fishing vessel of more than three gross registered
tons in those waters beyond the fifteen-kilometer limit of the City Waters;
9. Exclusive Fishery Privilege - The lease or grant conferred by the City Government to any
individual, association, cooperative, partnership or corporation, and to no other, to operate fish
corrals, pens and cages, oyster and other shelled-mollusks cultured beds, seaweed farms, pearl
culture farms, and the catching of bangus fry, prawns or fry of other species;
10. Fisheries and Aquatic Resource Management Councils (FARMC’s) – Refers to the Advisory
Councils formed in the City and Barangay in accordance with Executive Order No. 240 and
Presidential Memorandum to the Secretaries of Agriculture and Interior and Local Government
dated 15 March 1996 respecting the “Guidelines to Implement the Preferential Treatment for the
Small Fishermen Relative to the 15-Km City/Municipal Waters Boundary”;
11. Fish and Fishery/Aquatic Products – Include all fish and other aquatic species and mammals and
all other products of aquatic living resources in any form;
12. Fish Cage – Any method of culturing fish and fishery resources in a fish enclosure which is either
stationary or floating, made up of nettings, or screens sewn or fastened and installed in the water
with opening at the surface or covered and held in place by wooden/ bamboo posts or various
type of anchors and floats;
13. Fish Corral or “Baklad” – A stationary wire or trap devised to intercept and capture fish,
consisting of stakes of bamboo, palma brava or other materials fenced with split bamboo matting
or wire entrance, but difficult exit, and with or without leaders to direct the fish to the catching
chamber or purse;
14. Fisherman’s License – The authority issued by the City Government in favor of the fishermen for
fishing in the City Waters for a period of one year;
15. Fishery – The business of searching and attempting to catch, catching, taking, handling,
marketing, transporting, culturing, processing and preserving fish or other fishery aquatic
products in the fishing grounds; and the right to fish or take such products there from;
16. Fishery Reserve – A designated area where fishing activities are regulated and set for
educational and scientific research purposes;
17. Fish Fry – A stage at which a fish has recently been hatched usually with sizes from ten to
twenty-mm;
18. Fishing Boat/Vessel – Includes all boats, such as bancas, sailboats, motorboats, or any other
type of watercraft, whether licensed or not, used in fishing. Provided, that any such boat used for
the purpose of transporting the fish in the course or fishing operations shall be considered as a
fishing boats; Provided, further, that any vessel fishing with a mother and supplementary boats
(net boats, air boats) shall be considered for the purposes of this Code as a fishing unit/fishing
boat;
19. Fishing Gear – Any instrument or device and its accessories utilized in searching for attempting
to catch, and catching fish and other fishery/aquatic products;
(a) Active Fishing Gear – is a fishing device characterized by gear movement and/or the
pursuit of the target species by towing, lifting, and pushing the gears, surrounding,
covering, dredging, pumping and scaring the target species to impoundments; such as but

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 not limited to trawls, purse seines, Danish seines, bag nets, paaling, drift gill net, and tuna
long line;
(b) Passive Fishing Gear - is characterized by the absence of gear movements and/or the
pursuit of the target species: such as, but not limited to hook and line, fish pots, traps, and
gill nets across the path of the fish;
20. Fishing Industry – Includes fish catchers/fishermen, producers, fish processors, fish traders, both
wholesalers and retailers, and owners of refrigerating and cold storage plants serving the
industry;
21. Fishing Records – Include all records and documents of the fishery as required in the terms and
conditions of the license of Exclusive Fishery Privilege in the Office of the City Agriculturist;
22. Fish Pen – A fish enclosure made of closely woven bamboo screens, nylons screen or nets, or
other materials attached to poles staked to the water bottom for the purpose of growing and/or
culture of fish to various sizes both fresh and salt-water areas;
23. Fish Port – A harbor/ area where fish and other fishery products are unloaded, traded and/or
inspected/checked, their appropriate fees paid, before they are packed and shipped to their
points of destination;
24. Fish Sanctuary – A protected water area where fish are able to spawn, feed and grow
undisturbed and where fishing and other activities are absolutely prohibited and/ or regulated;
25. Hulbot-hulbot – Refers to a fishing gear consisting of a conical-shaped net with a pair of wings,
the ends of which are connected to two ropes with buri, plastic strips or any similar materials to
serve as scaring/herding device with hauling ropes passing thru a metal ring permanently
attached to a weight (linggote) when hauling into a fishing boat;
26. Marginal Fishermen – Refers to individuals engaged on subsistence fishing as their primary
source of income and whose sale, barter or exchange of marine/aquatic products produced by
himself and his immediate family, do not exceed a gross value of One Hundred Eighty Thousand
Pesos per annum based on 1992 constant price;
27. Monitoring, Control and Surveillance (MCS) – Refers to the system under Administrative Order
No. 201 to implement the monitoring, surveillance and control of the Fishery Laws in the
Philippines;
28. Monitoring –The requirement of continuously observing fishing effort, which can be expressed by
the number of days or hours of fishing, number of fishing gears and number of fisher folk;
characteristics of fishery resources; resource yields catch;
29. Control- The regulatory conditions (legal framework) under which the exploitation, utilization, and
disposition of the resources may be conducted:
30. Surveillance – The degree and types of observations required to maintain compliance with the
regulations.
31. Pa-aling – Refers to the fishing gear consisting of a net set at coral/shoal reef areas whereby fish
are driven towards the net by means of air bubbles produced by compressors, with the use of
motorboat and supported by airboats, and to be used outside fourteen km;
32. Open Season – Refers to the season within which fishing or specific species of aquatic
organisms or products, or the use of specified fishing gear is permitted in a specified area within
the City Waters, in an Ordinance promulgated for the purpose;
33. Permit to Dock – The permit granted to commercial fishing vessels to dock in any port, pier,
wharf, or quay within the City for purposes other than in direct support of the fishery except as
noted in the terms and conditions thereon;
34. Sangguniang Panlungsod – Refers to the Sangguniang Panlungsod of Masbate City;
35. Sport Fishing – Any fishing practice using hook and line solely for catching fish for tournaments
where the fisherman may receive an award, financial or otherwise, and the catch may be used
for personal consumption, but will not be able to receive financial gain for resale of his/her catch;
36. Three Gross Registered Tonnages – Cubical content in tons of the boat’s hull with sixteen-horse
power engine;
37. Vessel Registration – Refers to the authority issued by the City Government to the fishing vessel
three gross registered tons or less to fish within the City Waters, and is non-transferable.

GENERAL PROVISIONS

SECTION 580. Division and Classification of City Waters. The City Waters shall be divided by
Barangay and the boundary shall be the territorial boundary of every Barangay, and also marine
waters included between two lines drawn perpendicular to the general coastline from points where
the boundary lines of the Barangay touch the sea at low tide and third line parallel with the general
coastline and fifteen kilometers from the coastline of the outermost inhabited of the City, and shall
also include inland waters of the Barangay;

TERRITORIAL BOUNDARY

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Pursuant to the Local Government Code of 1991, the Philippine Fisheries Code of 1998 and as
defined in this ordinance, the municipal waters of City of Masbate shall be within the following
geographic coordinates:

Point Latitude Longitude Remarks

Beginning at 1 12º 27’ 8” 123º 33’ 07” Coastal terminal point
Thence 2 12º 31’ 36” 123º 34’ 06”
Thence 3 12º 31’ 01” 123º 34’ 48”
Thence 4 12º 30’ 11” 123º 35’ 37”
Thence 5 12º 29’ 12” 123º 36’ 28”
Thence 6 12º 28’ 13” 123º 36’ 54”
Thence 7 12º 26’ 45” 123º 37’ 33”
Thence 8 12º 26’ 38” 123º 38’ 51”
Thence 9 12º 25’ 09” 123º 39’ 37”
Thence 10 12º 24’ 21” 123º 40’ 15”
Thence 11 12º 23’ 48” 123º 40’ 44”
Thence 12 12º 22’ 56” 123º 40’ 09”
Thence 13 12º 22’ 19” 123º 39’ 36”
Thence 14 12º 21’ 24” 123º 39’ 00”
Thence 15 12º 21’ 05” 123º 38’ 21” Coastal terminal point
Thence following
The coasting to 1

SECTION 581. Limit of City Government “Bangus” Fry or Fry of Other Species Reservation. The
City Fisheries and Aquatic Resources Management Council shall determine definite zones within the
City Waters for the purpose of granting preferential fishing rights to associations/cooperatives of
marginal fishermen duly registered as such at the City Fisheries and Aquatic Resource Management
Council. Further, in addition to the aforementioned, that in the zoning and classification of the City
Waters for purposes of awarding areas for the construction of fish corral, pens and cages, or the
culture of seaweeds, oysters, pearls and other shelled-mollusk beds or the gathering of “bangus” fry
or fry of other species, the City Fisheries and Aquatic Resource Management Council shall set aside
not more than one-fifth of the area designated for the gathering of fry as may be designated by the
City Government as Government’s “Bangus” Fry Reservation.

SECTION 582. Persons Eligible for Fishing and/or Fishing Privileges. The following are, under this
Code, eligible for fishing and/or fishing privileges within the City Waters, provided they do not utilize
vessels more than three gross tons:
(1) Residents of Masbate City who are Filipino citizens;
(2) Partnerships, Associations, Corporations duly registered under the laws of the Philippines and
whose capital belongs wholly to Filipino Citizen;
(3) Cooperatives duly registered in accordance with law and duly accredited with the City
Government.

SECTION. 583. Exclusive Fishery Privilege.

A. Operating fish coral, pens, cages, seaweeds, pearls, oyster and other culture beds, or the
catching of “ Bantus fry” or fry of other species for propagation shall be considered as Exclusive
Fishery Privilege which shall be granted preferably to organizations or cooperatives of marginal
fishermen registered under City Fisheries and Aquatic Resource Management Council, upon
payment of half of the corresponding annual rental fee and the corresponding license fee as
specified in the next proceeding paragraph and under Section 339 of this Code;
B. The granting of this privilege shall be in accordance with the provision of this section and is non-
transferable. The Sangguniang Panlungsod shall post in the City Hall and in at least two other
strategic places a notice to fishery folk’s organizations or cooperatives to apply for the granting of
preferential rights. Same notice shall be posted in at least two strategic places in every fishing
Barangay and announce for once a week for four consecutive weeks;
C. Interested parties shall have forty five days from the posting of the notice to signify their intention
to the Sangguinang Panlungsod to avail of the preferential right. Should two or more groups
signify their intent of the right, the City Fisheries and Aquatic Resource Management Council
shall accommodate them, if possible, or consequently, shall develop criteria for the election of
qualified applicants;
D. Only when no qualified applicants who have signified their intent to avail of the preferential right,
shall the Sangguniang Panlungsod invite other parties to participate in a public bidding, to be
conducted by the Committee on Auction in the process prescribed under Section 340, of this
Code;
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E. The Sanguniang Panlungsod may then grant to the highest bidder the exclusive privilege of
constructing or operating fish corals, pens, and cages, seaweeds, pearl, oyster and other culture
beds, or the gathering of “Bangus” fry or fry of other species in the City of Masbate upon
payment of the corresponding rental and license fees;
F. Provided, that if there is only one applicant, then it will be the decision of the Sangunian to grant
the application, the bidding process shall be waived and only the rental fee and the license fees
shall apply;
G. Provided further, that the license granted for the Exclusive Fishery Privileges shall be for a period
not exceeding three years, except the license granted for gathering “Bangus fry” or fry of other
species which shall be only for one year;
H. Provided furthermore, that these grants of Exclusive Fishery Privileges shall be made under and
must comply with such conditions prescribed by the Sangguniang Panlungsod; Provided finally,
that the rental fees to be collected for the exclusive privileges shall be for the following:
a. For the privilege of erecting fish corrals (baklad), an annual rental fee of Five Hundred pesos
per fish corral;
b. For the privilege of catching or taking “Bangus “ fry or “kawag-kawag” or fry of other species,
an annual rental fee of Five Hundred pesos per family/household;
c. For the privilege of establishing and maintaining fish cages, an annual rental fee of Five
hundred pesos per five hundred square meters or fraction thereof;
d. For the privilege of erecting fish pens, an annual rental fee of Five hundred pesos per five
hundred square meters or fraction thereof;
e. For the privilege of gathering/ culturing oyster or shelled-mollusk beds (i.e. kapis shells), an
annual rental fee of Five hundred pesos per five thousand square meter area or any fraction
thereof;
f. For the privilege of establishing and maintaining pearl culture farms, an annual rental fee of
Six thousand pesos per five hundred square meter or fraction thereof;
g. For the privilege of establishing and maintaining seaweeds farms, an annual rental fee of
Three thousand pesos per five thousand square meters or fraction thereof.

Except those specified areas identified by the City Fisheries and Aquatic Resource Management
Council, the privilege to gather, take, or catch bangus fry, prawn fry or kawag-kawag or fry of other
species from the City Water by nets, traps, or other fishing gears by marginal fishermen shall be free
of any rental fee, or any other imposition whatsoever.

SECTION 584. Restrictions. Licenses or Exclusive Fishery Privilege contracts issued shall, in
addition to and in compliance with Republic act 8550, otherwise known as “The Philippine Fisheries
Code of 1998”, contain provisions to the effect that:
(a) For Fish Corrals –
(1) No fish corral or “baklad” shall be constructed within two hundred meters distance from
another fish corral in marine fishery waters or one hundred meters within fresh water fisheries
unless they belong to the same lessee, but in no case shall the distance be less than sixty
meters apart;
(2) Fish corrals shall be entirely open during closed seasons for the free passage of fish for
conservation purposes, or for health reason (i.e. red tide);
(3) No fish corral shall be constructed within all approaches to Masbate City, like bay anchorage
areas, sub ports and beach resort, and those areas declared as sanctuaries or reserve
(4) The maximum size of each fish corral is five thousand square meters in seawaters.
(b) For Oyster, Aquasilviculture and Other Shelled-Mollusk Culture Beds.
(1) The size of an area for the culture of shelled-mollusks shall not be more than one hectare for
individuals or not more than five hectares for partnerships associations, corporations or
cooperatives;
(2) No area for the culture of shelled-mollusk shall be established at a distance of less than five
hundred meters from each other;
(3) The size of the area for the operation of fish pens shall not be more than three hectares for
the individual or not more than ten hectares per partnership, association, corporation, or
cooperative;
(4) The size of the area for the operation of fish cages shall not be more than two hundred
square meters per individual or not more than one thousand sq.meters per partnership,
association, corporation, or cooperative.
(c) For all Exclusive Fishery Privilege Holders
(1) Nothing in the contract shall be construed as permitting the lessee or grantee to undertake
any construction which will obstruct the free navigation in any stream or lake flowing through or
adjoining the fish corral, per or cage, or culture bed or gathering of “bangus” fry or fry of other
species, or to impede the flow or ebb of the tide to and from the area where the lessee or

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 grantee is conferred a fishery privilege, or conflicts with another’s waters rights, or steps on or
destroy corrals.
(d) For License-Holders of Vessels or Fishing Devices
(1) No fishing activity shall be allowed within the two hundred meter -radius of any licensed fish
corral, pen or cage.

SECTION 585. Fishermen’s Registration System. All qualified fishermen applications shall be
registered with the City Government, and shall be issued with Fishermen Identification Cards, upon
complete filing of the application forms and payment of the registration fees are made which they
shall carry at all times when engaged in fishing operations and present or surrender the same
whenever requested by the Bantay Dagat personnel and other duly authorized law enforcement
officers: Provided, that this Fishermen’s License shall be valid for one year, renewable annually.

SECTION 586. Fish Port. The Masbate City Fish Complex shall be the only designated port where
all fishing vessels shall dock and unload their catch, and be inspected by duly authorized fish
wardens for assessment of auxiliary invoices and other prescribed fees, before being sold, packed
or transported to their destination; Provided, that fish dealers/traders who are using the city as
transshipment point, shall unload their cargoes on said fish ports for same purpose before being
transported by water or by air.

SECTION 587. Fisheries and Aquatic Resources Management Council. Pursuant to Executive Order
No. 240, a Fisheries and Aquatic Resource Management Council shall be created in all barangays
which shall be known as the “BFARMC” and in the City of Masbate to be known as the “City
Fisheries and Aquatic Resource Management Council”.

(a) The Regular Members of the City Fisheries and Aquatic Resource Management Council shall
be:
Chairperson of the Sangguniang Panlungsod, Committee on Fisheries and Agriculture;
City Planning and Development Officer;
City Agriculturist;
City Environment and Natural Resources Management Organization based in the city;
Representative from an accredited Non-Government Organization based in the City;
Representative from the Department of Agriculture;
Representative from the private sectors;
At least ten representatives of the fisher folk. Seven city fishers, one fish worker and three
commercial fishers in the city which include representatives from the youth and women
sectors;
Chairman on Committee on Environment and Natural Resources.

(b) The Regular Members of the Barangay Fisheries and Aquatic Resource Management Council
shall be:
Chairperson of the Sangguniang Barangay, Agriculture/Fisheries Committee;
Representative from an accredited non-government organization;
Representative from the private sectors;
At least eight representatives from fisher folk including the youth and women sectors;

(c) Both Fisheries and Aquatic Resource Management Council’s shall adopt their owned rules and
regulations necessary to govern its proceedings and manner of election.

(d) The Fisheries and Aquatic Resource Management Council’s shall have the following primary
functions:
(1) Prepare and recommend to the Fisheries and Aquatic Resources Management, policies
and plans for integration into the Fishery Management Plan, the former also being utilized by
the Bureau of Fisheries and Aquatic Resource as part of the Monitoring, Control and
Surveillance implementation of the said system;
(2) Recommend to the City Government and special agencies on the development and
implementation of projects of the Fisheries Management Planning policies with respect to the
issuance of licenses, exclusive fishery privileges, and other permits to the appropriate users
of fisheries and aquatic resources; to ensure that the resources used are within the limits and
control of the Fisheries and Aquatic Resource Management Councils in their areas of
coverage, which shall serve as the basis of the Environmental Impact Study prior to the
approval of appropriate offices;
(3) Fisheries and Aquatic Resources Management Council members shall undergo a training
before they shall be deputized by the City Government as fish wardens and environmental
and natural resources officers; Provided, that technical assistance shall be extended
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 whenever necessary by the Department of Agriculture, Department of Environment and
Natural Resources, Department of Interior and Local Government, Department of Justice,
Commission of Human Rights, and other government agencies.

SECTION 588. License Control and Fishery Inventory. In recognizing the fragile nature of the fishery
resources in the City of Masbate, the City Government shall recognize the principle of “Limited
Access” or limit the level of fishing efforts through limited licensing, commencing in July 2002. This
shall be enforced until appropriate scientific assessment of fish stocks can be made in the City
Waters to determine the sustainable harvesting levels. For this purpose, the financial and technical
assistance of appropriate private and public agencies/offices shall be solicited.

SECTION 589. Vessel Identification (Executive Order 305). To ease identification of fishing vessels
or boats licensed to operate in City waters, they must be identified in addition to the numbering
system applied by the City Government and shall be painted with a diagonal green stripe three feet
back from the bow on each other side from gunwale extending to the waterline and extending
horizontally for a distance of three feet.

PROHIBITIONS

SECTION. 590. License, Exclusive Fishery Privilege, and Auxiliary Invoice.

A. It shall be unlawful for any individual, cooperative, partnership, association or corporation to take
or catch fish and other marine and aquatic products by means of nets, traps, or other fishing
gears in the waters of this city, or by means of fishing boats or vessels three (3) gross registered
tons or less, unless provided with the necessary license permit issued for the purpose by the City
Mayor; Provided, that no fishing vessels of more than three registered tons, or smaller vessel as
part of a fishing unit with a vessel in excess of three gross registered tons as a mother ship, shall
search for, attempt to catch or gather fishery species within the fifteen kilometer limit of the City
Water, Provided, further, that commercial fishing vessels which dock in the city for other
purposes not in direct support of fishery, except as noted in the terms and conditions thereon
(i.e. to offload fish and re-supply only), shall procure a Permit to Dock from the City Government
upon payment of appropriate fees, said permit must always be presented upon inspection. When
operating under a Permit to Dock, the commercial fishing vessels shall, while transiting City
Waters, store all fishing gears on board the vessel so that it is not readily available for fishing;
B. It shall likewise be unlawful for any individual, cooperative, partnership, association or
corporation to operate fish corrals, pens and cages, culture pearl, seaweeds, oyster and other
shelled-mollusk, or catch “bangus” fry or fry of other species for propagation purposes within the
territorial jurisdiction of the city, without first securing an exclusive fishery privilege conferred
thereof as provided by law and this Code;
C. It shall be unlawful for any individual, cooperative, partnership or corporation to transport fish and
other aquatic products without securing an auxiliary invoice and paying the required fees and
charges thereof;
D. It shall be unlawful for any individual, cooperative, partnership, association or corporation, to use
a boat three gross registered tons or less without a vessel license issued by the city
Government. Discovery of any person in an area where he has no permit or registration papers
for a fishing vessel shall constitute a prima facie presumption that the person and/or vessel is
engaged in illegal fishing;
E. It shall be unlawful for any individual to attempt to catch or catch fish without a fishermen’s
license;
F. It shall be unlawful for any individual, partnership, cooperative, association, or corporation to
carry on boat or use fishing gears or methods not allowed by existing fishery laws and this
Ordinance, such as “Pa-aling” and/or “Hulbot-hulbot”; Provided, that “baling” and baby trawl are
declared unlawful by this Ordinance; Provided, further, that possession of a net on board the
fishing vessel during this fishing operations with a mesh size less than three (3) cm. when
stretched, except those provided in Fisheries Aquatic Order 196, shall constitute an offense;
Provided, furthermore, That the use of compressors in the fishery in the city Waters is regulated
for conservation and ecological reasons by requiring such paraphernalia to be registered by the
owner/operator upon payment of the required fee;
G. It shall unlawful for fishing boats/vessels from municipalities other than Masbate City, to search
for, attempt to catch, catch or gather fish within the City Waters, without a current agreement
between the City Mayor and the Municipal Mayor for reciprocal access by respective fishers
persons in the other City/Municipal Waters; Provided, that in no circumstances shall this access
to fish be granted to vessels from provinces other than Masbate; Provided, further, that the
vessel patron/owner shall procure the necessary fisherman’s license, vessel license and/or

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 permit for the use of fishing gear or paraphernalia; Provided, furthermore, that those individuals
or entities currently with this privilege granted by other municipalities shall procure a clearance
only from the City Government;
H. No person may engage in recreation and sports fishing without first securing a license and/or
permit from the City Government;
I. No Mangrove Conversion – In line with the Strategic Environmental Plan, as mandated by
Republic Act 7611, the conversion of mangroves into fishponds or for any other purpose is totally
banned in the City of Masbate, except for aquasilviculture.

SECTION. 591. Other Prohibitions. It shall be unlawful for any person, entities, organizations, or
corporations to engage in the following activities:
(1) Use of compressors
(2) Use of Tumbok/kutambo in fishing
(3) Use of sud-sod in fishing
(4) Use of Liba-liba in fishing
(5) Use of Baling/sarap
(6) Use of Likom
(7) Dealing in, selling, or in any manner disposing of, for profit, gravid crustaceans, such as but not
limited to blue crab.
(8) Possession of illegal or destructive fishing gears.

LICENSE FEES AND CHARGES

SECTION. 592. License. Fees for Exclusive Fishery of Erecting Fish Corrals, Pens and Cages,
Seaweeds, Pearls, Oyster and other Culture Beds, or Catching Bangus Fry or Fry of Other Species.
The Sangguniang Panlungsod is authorized to grant franchise for the privilege of erecting fish
corrals, pens and cages, operating oyster, pearl seaweeds, or other culture beds, or catching
bangus fry or fry of other species within the City Waters preferably to cooperatives/organizations or
individuals or marginal fishermen registered under the City Fisheries and Aquatic Resource
Management Council, and to partnerships, associations or corporations, upon payment of license
fees therefore at the rates fixed hereunder:

Annual Fees:

(a) Fish corrals/Fish Pen Erected (Zone No. IV):

(1) Less than 3 meters deep P 200.00
(2) Three (3) meters deep or more but less than 5m. deep 400.00
(3) Five (5) meters deep or more but less than 8m. deep 800.00
(4) Eight (8) meters deed or more but less than 10m. deep 1,500.00
(5) Ten (10) meters. deep or more but less than 15m. deep 2,000.00
(6) Fifteen (15) meters deep or more 3,000.00

(b) Fish Cages:

(1) Per one hundred (100) square meters 100.00

(c) Baklad:
(1) Per Unit/ a year 500.00

(d) Oyster and Other Shelled-Mollusk Culture Beds:

(1) Per Hectare 1,000.00

(e) “Bangus” Fry or Fry of Other Species:

(1) Less than 2,000 sq.m 1,600.00
(2) 2,000 sq.m or more but less 4,000 sq.m 3,000.00
(3) 4,000sq.m or more but less 6,000 sq.m 4,500.00
(4) 6,000sq.m or more but less 8,000 sq.m 6,000.00
(5) 8,000 sq.m or more 8,000.00

(f) Fish Pens:

One Per 100 sq. meters 100.00

(g) Seaweeds Farms:

One Per five hundred square meters 500.00

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 (h) Pearl Culture Farm:
One Per five hundred square meters 1,000.00

(i) Registration Fee of Fishing Vessels 3 Gross Tons & below

(i-a) Schedule of Fees. The City shall exact the following registration fees annually for each
motorized banca to be operated within the municipal waters of Masbate City, to wit:
a. Certificate of Number P 65.00
b. Permit to Operate:
1. One gross ton (GT) and below 200.00
2. Above One GT to Two GT 300.00
3. Above Two GT to Three GT 400.00
c. Operator’s License 150.00
d. Transfer of Ownership 75.00

(i-b) Time of Payment. The fee imposed in the preceding section shall be paid to the City Treasurer
upon application for a motorboat registration before any operation can be lawfully begun and within
the first twenty (20) days of January of each year and every year thereafter.

(i-c) Fine and Penalties. Any person found violating hereof, shall be penalized in accordance with the
following:

1st Offense - a written warning

2nd Offense - a fine of Two Hundred Pesos
rd
3 Offense - a fine of Five Hundred Pesos and an imprisonment of not less than
one month but not more than six months or both fine and imprisonment at the discretion of the court.

SECTION. 593. License Fees for Fishing Gears. The privilege of taking or catching fish in the City
Waters of Masbate City with nets, traps or other licensed fishing gears or paraphernalia with or
without therefore a fishing boat of vessel three gross tons or less, shall require a license issued by
the City Mayor to any person, cooperative, association, qualified under Section 581 of this
Ordinance, recognizing the principle of conservation and upon payment of the corresponding fees,
enumerated below:

SCHEDULE OF LICENSE FEES

Kinds of Fishing Gears License Fees Per Year

(a) Fishermen Using Nets P 250.00
(1) Pangki (except for gathering of fry)
(2) Pabbas
(3) Largarete
(4) Panapao
(5) Other nets
Provided that the mesh of the fishnets should not be less than three (3) cm. when stretched.

(b) Fishermen Using Traps

(1) Pangasag 300.00
(2) Squid jigger (pamusit) 500.00
(3) Bobo or Panggal (big or small) 100.00
(4) Kitang 50.00
(5) Pamana (manu-manu) 50.00
(6) Pivot (pagkuha san similya) 500.00
(7) Pukot (pang kuha san Aquarium Fish) 500.00
(c) Fishermen Using Other Paraphernalia 150.00
(1) Without light
(2) With torch
(3) With Petromax
(4) Other paraphernalia

(d) Fishermen Using Other Fishing Gears 250.00

(1) Pants
(2) Bitana
(3) Bocatot Madera
(4) Shade

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 (5) Laya
(6) Anud
(7) Other Fishing Fears

SECTION. 594. Permit to Dock. All fishing vessels /boats, more than three registered tons shall
secure a Permit to Dock at the City Fish Complex Administrator’s Office upon payment of the
corresponding fee for the purpose to be set by the same office.

SECTION. 595. Fees for Fish Transport. In accordance with Section 15 of Republic Act 8550, the
issuance of an Auxiliary Invoice to transport fish and fishery products, shall be granted after the
official inspection by the deputized fishery wardens and upon payment of fees and charges therefore
at the rates fixed hereunder:

(1) Preserved fish (iced, frozen, salted, dried,

smoked, patis bagoong, etc.) per ton P15.00
(2) Trocha, shell, smooth per 50 kgs 5.00
(3) Trocha, shell, rough (male) per 50 kgs 15.00
(4) Trocha shell, rough (female) per 50 kgs. 15.00
(5) Green Snail shell per 50 kgs 15.00
(6) Kapis shell (not less than 80 mm) per 50 kgs. 15.00
(7) Other shells per 50kgs. 15.00
(8) Sea cucumber (balatan) 15.00
(9) Dried star fish per 50 kgs. 15.00
(11) Dried seaweed (Euchema) per ton 15.00
(12) Dried seahorse per 25 kgs. 15.00
(13) Dried sharks fin per 25 kgs. 15.00
(14) Salted skin of sea snakes per 25 kgs. 15.00
(15) Sponge per kg. 15.00
(16) Tanned skins per kg. 15.00
(17) Salted skins per kg. 15.00
(18) Bangus fry or fry of other species per pot of 3,0000 fry 15.00
(19) All other unclassified marine products per kg. 10.00

Provided, that shippers/dealers who have paid auxiliary invoice in another municipality,
certifiable by production of said auxiliary invoice, shall not be required to pay the same to the City,
but shall pay the difference, Provided, further, that cargoes containing fish and fish products shall be
inspected by the Bantay Dagat personnel or other deputized fishery wardens at the fish ports before
transferring to their final points of destination by water or by air.

PROCEDURE FOR APPLICATION/RENEWAL OF FISHERY PRIVILEGES

SECTION. 596. Procedure for Application /Renewal for Fishing License or Exclusive Fishery
Privileges. The following are the procedures to be followed by the applicants in applying/renewing for
fishing licenses, auxiliary invoices and/or exclusive fishery privileges;

A. Application /Renewal for any of the fishery licenses (Fishermen’s License, Vessel License,
Mayor’s Permit for fishing gear) or Exclusive Fishery Privileges mentioned in the preceding sections
shall be made in official forms duly approved by the Sangguiniang Panlungsod, attached to which
shall include, but not limited to the following:
(1) Community Tax Certificate;
(2) Barangay Clearance/Barangay Fisheries and Aquatic Resource Management Council
Clearance;
(3) Bantay Dagat Certification for vessels;
(4) PNP Maritime or Philippine Coast Guard Certificate of vessel Registration with more than
three gross tonnage ;
(5) Affidavit of Ownership of Vessel or Gear/Lease Contract;
(6) Certificate from Fisheries Regulatory Field Office;
(7) Certificates of Registration.

B. For Auxiliary Invoice to transport “bangus” fry or fry of other species within the Philippines, which
shall be for a period of one month to take effect from the date of the first shipment of fry;
(1) In case of public fishponds, copy of Fishpond Lease Agreement;
(2) In case of private fishponds, copy of supporting document (TCT or Lease contract);

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 (3) In case of fish pen/fish cage owners or operators, copy of BFAR license and Mayor’s
Permit whichever is applicable;
(4) Sketch of fishpond showing the nursery and other portions of the fishpond;
(5) Estimated stocking rate per heater per seasons for the developed fishpond or fish pen;
(6) Fry concession contract if any, showing source, quantity, and price of fry;
(7) Corporation or Partnership’s document, when applicable;
(8) Fry or fingerling’s contract, if any, with fishpond, fish pen /fish cage or nursery owner or
operator.

C. All applications shall be forwarded to the City Mayor who shall endorse through the Bantay Dagat,
which shall be tasked with the inspection of person, boats, fishing gears, and other paraphernalia,
fishery records and contracts, private ports and warehouses used in the fishery, and the operation
site that the license applied will not prejudice public interest and that the portion or area for which an
application for lease has been presented is not covered by any existing lease. Thereafter, the
appropriate fees and charges shall be paid and the bond filed for exclusive privileges in accordance
with the guidelines for granting Preferential Right;

D. Following the process for granting Preferential Rights and no qualified applicants have been
found, the following shall be the procedures fro granting exclusive fishery privileges:
(1) A Committee on Auction, which shall be the City Treasurer as Chairman, two members
of the Sangguniang Panlungsod and the City Agriculturist as members, shall advertise a
notice of raffle in area or zones of the City Waters available for creating fish corrals, pens and
cages or operating oyster, pearl, seaweeds of other culture beds, or taking or catching
bangus fry or fry of other species for propagation by [posting said notice in a newspaper
published in the locality for a period of not less than fifteen days;
(2) The Sangguniang Panlungsod shall, provide a notice calling for a raffle for the Exclusive
Fishery Privilege, specifying the time and place of the raffle, the number of permits to be
issued, the bond to be deposited before an individual or an entity may be entitled to
participate, the procedure to be followed by the committee on Auction before any exclusive
fishery privilege is granted. The bond, which a guarantee of good faith and for satisfactory
compliance with the term of the lease or grant, shall be in cash or real estate situated within
the Philippines or guaranteed by a surety company authorized for the purpose in an amount
not less than two years rental;

E. Issuance of Auxiliary Invoice – Before transporting any shell or other marine/aquatic products, the
shipper, collector, dealer and possessor shall secure an Auxiliary Invoice from the Office of the City
Treasurer. This Invoice shall state the kind, quantity, value and origin of the aquatic products, the
fees which have been paid and who received the payment, giving therein the number of the official
receipt. The Auxiliary Invoice shall be made in quadruplicate and shall accompany the products
described therein, from which it must not be separated until the said products have reached their
destination. However, before an Auxiliary Invoice is issued, a certificate of Quarantine Inspection
must be procured by the shipper/transporter from Bureau of Fisheries and Aquatic Resources
Quarantine Office.

SECTION. 597. Duties of Licensees, Permitees and Exclusive Fishery Holders. Every licensee,
permitee or exclusive fishery privilege holder shall be governed by the laws and existing regulations
governing fisheries and those which may hereinafter be promulgated.
A. To take necessary precaution to prevent destruction to City waters and the marine and aquatic
especially the corrals, and to ensure environmental protection at all times;
B. To assure responsibility for the use of his fishing boat or any or all acts of his agents, employees,
or laborers, including those contractors connected with his fishing operations, or in the
establishment, management, or operation of the lease contract or during the fishing expedition,
such as transport and or of dynamist, cyanide and other poisonous or noxious substances, as
well as any fish caught through unlawful means:
1. To keep and submit all records and report of transactions in connection with the license,
permit or lease in such format as required by the terms and conditions of the license and as
may be required by law;
2. To permit or render assistance to the Bantay Dagat personnel or any other duly authorized
Fishery Warden for purposes of inspection, searching and examining any person,
documents/ records, places of operations including storage areas, auxiliary boats or goods
aboard the boat;
3. To provide samples to the Deputized Fishery Wardens or Quarantine Enforcement Officer
which in no case shall exceed one kilo, for scientific analysis or examination to determine
whether the same was caught by means of explosives, or by poisonous or obnoxious

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 substances, by either the Cyanide Detection Center or of the Department of Agriculture Fish
Laboratory;
4. To carry at all times the license, permit or lease contract, ready to exhibit them upon demand
by any enforcing officer thereof;
5. To vacate the area covered by the exclusive fishery privilege, upon its expiration or as
directed by authorized city officials, unless renewed or cancelled;
6. To clear, remove, destroy or demolished any debris, material, structure of gear, or the
vacated area placed or constructed on the site of the Exclusive Fishery Privilege upon
expiration or cancellation of the privilege;
7. To refrain from constructing any fish pen, “baklad”, cage or any fish trap or device on places
fronting beach resort areas.

SECTION. 598. Enforcement. The provisions of this chapter shall be implemented by the City
Agriculturist Office, Treasurer’s Office and the various concerned divisions of the City Government,
City Police Station Commander, the Barangay Fisheries and Aquatic Resources Management
Council’s and the City Fisheries and Aquatic Resources Management Council, non-government
organizations with the assistance of the Bantay Dagat, Philippine National Police Maritime, and other
deputized agencies and fishery wardens; Provided, that deputized inspecting officers of said
agencies and offices tasks with such purposes be identified by wearing their Fishery Wardens or
Deputy Warden’s Card issued by the City government; Provided, further, that legal assistance be
provided the Fish Warden or law enforcer in case of charges of harassment arising from the lawful
conduct or lawful enforcement of this ordinances shall be tried in Masbate City; Provided, finally, that
twenty-five percent of the total fine of the of the penalty for violation hereof, shall accrue to the trust
fund to used solely for the activities of the Barangay Fisheries and Aquatic Resources Management
Council, City Fisheries and Aquatic Resources Management Council and other similar non-
governmental organization. The Deputized Fishery Wardens from the Office of the City Agriculturist,
Bantay Dagat, PNP-Maritime and other law enforcement agencies are hereby instructed to take the
lead in the enforcement of fishery and environmental laws in collaboration and coordination with the
Fisheries and Aquatic Resource Management Council’s and the Cabinet Committee for Marine and
Ocean Affairs Direction under Administrative Order 201 for the implementation of the approved MCS
system under the leadership of the Department of Agriculture.

SECTION. 599. Authority of Inspection and of Removal/Seizure of Article Involved in the Alleged
Offense. Fishery Wardens, Deputy Fishery Wardens and other Enforcement Officers for fisheries
are hereby authorized to inspect any part of the fishing vessel, gear, and storage areas, cages,
corrals, pens operation sites, machinery, spaces utilized for the fishery and all documents pertaining
to the fishing operation; to seize and/or remove any such article which they believes to have involved
in fishery offense; and to remove any obstructions at the expenses of the lessee, licensee or
occupant thereof, whichever is applicable.

SECTION. 600. Penalties. Any individual, cooperative, partnership, corporation found violating any
of the following offenses and those found in Section 590 and this Section shall be punished for each
offense by a fine of not less than Two Thousand Five Hundred but not exceeding Five Thousand
pesos, or imprisonment of not less than six months, but not more exceeding one year, or both fine
and Imprisonment at the discretion of the court;

1. Engaging in fishing or fishery activity not qualified under Section 323 hereof;
2. Engaging in fishing or fishery activity without Fisherman’s lease, and/or Vessel License, and/or
License Permit for fishing gear or paraphernalia, and/or Auxiliary Invoice;
3. Engaging in Baby Trawl fishing, Baling, Pa-aling and Hulbot-hulbot;
4. Any violation of the restrictions under Section 333 hereof;
5. Noncompliance with Vessel Identification under Section 332 hereof;
6. Sports fishing without the permit from the City Mayor;
7. Mangrove Conversion;
8. Access in City Waters of fishermen/vessels without corresponding agreement between the City
Mayor and the Municipal Mayor;
9. Unlawfully obstructing, delaying or evading the authorized inspection and/or movement of the
fishing vessel, gear or paraphernalia, and/or fish or fishery products;
10. Deputized Fishery Wardens, other law enforcers, or government officials conniving with the
offender(s), without prejudice to immediate suspension;
11. Deputized Fishery Wardens or law enforcers, who exceed their authorities.

SECTION. 601. Administrative Fines, Confiscation/Seizure, and Cancellation/Non-Renewal of

Permit . Without prejudice to civil and/or criminal prosecution in the regular courts, the offender shall
pay the administrative fine of not more than Five thousand pesos, and/or seizure and confiscation of
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the fish or other marine/aquatic products unlawfully caught or taken, and/or impounding of the fishing
boat/vessel and any equipment and gear associated with the offense, and/or cancel and nor renew
the license, permit or exclusive fishery privilege upon any of the following;
(b) Any violation of the provisions under this Article, the National Fisheries Code and the
Fisheries administrative Orders and other fishery national and local laws;
(c) Fraudulent and/or misinterpretation made by the applicant;
(d) Possession of explosives, materials for the fabrication of explosives, noxious or poisonous
substance, electro fishing devices, or have on board caught by the foregoing means, other
contraband, smuggled goods and/or other prohibited articles;
(e) Possession of fish caught by unlawful means;
(f) Failure to assume responsibility for the use of his fishing boat and any or all acts of his
agents, employees or laborers, including those of the contractors connected with his fishing
operations, or in the establishment management, or operation of the lease contract, or
during the fishing expedition, such as transport and/or possession of dynamite, sodium
cyanide, or any other cyanide, or poisonous or noxious substances as well as the fish
caught through unlawful means;
(g) Failure to notify the Office of the City Mayor within thirty days of the sale or lease of the
fishing boat to other persons;
(h) Employee by the boat owner of unlicensed fishermen;
(i) Failure to comply with the conditions and requirements under which the license, permit, or
exclusive fishery privilege is issued, i.e. fees or logbook, etc;
(j) Obstruction to navigation or the flow or ebb of tide;
(k) Such other causes as may injure public interest, (i.e. fisheries management purposes), as
determined by the City Mayor; Provided, that any license, permit, exclusive fishery privilege
contract found defaced, or with illegible date of issue, shall be seized at once by the
enforcing officer who becomes aware of this fact, and said license, permit, or contract shall
be declared null and void.

REGULATING THE BUGSAYON MARINE SANCTUARY

SECTION. 602. Declaration of Policy. It is hereby declared the policy of the City of Masbate to
regulate activities within Bugsayon Marine Sanctuary in order to conserve, protect and maintain the
integrity of its coastal marine resources, manage the coastal and fishery resources within the
established covered area of Bugsayon Marine Sanctuary as well as to enhance people and
municipal waters through community-based organization in accordance with environmental laws and
protection.

MANAGEMENT OF MARINE SANCTUARY

The City Government in coordination with the Barangays, Fisheries and Aquatic Resources
Management Council and concerned organization shall manage the Bugsayon Marine Sanctuary
within the following geographic coordinates:

From Pt. 1 – N 12º 27 11.4” latitude to E 123º 33’ 46.2” longitude

To Pt. 2 – N 12º 27 15.1” latitude to E 123º 33’ 51.9” longitude
To Pt. 3 – N 12º 27 40.7” latitude to E 123º 33’ 32.2” longitude
To Pt. 4 – N 12º 27 37.3” latitude to E 123º 33’ 26.6” longitude

SECTION. 603. Aims and Purposes . Along this line and purposes as well as to further regulate the
activities within the Bugsayon Marine Sanctuary and aware of the on-going plans and program of the
city, provincial, regional and national government towards eco-tourism, coastal and marine
management development and considering the substantial number of influx of both local and foreign
tourists in the city more in Bugsayon Marine Sanctuary, it becomes proper, just and necessary that
fee and other reasonable charge be collected from all tourists.

SECTION. 604. Legal Basis. The City Ordinance No. 052-03 of the 1st City Council that look effect
September 2003 as well as all environmental laws and latest jurisprudence, National Fisheries Code
of the Philippines, Provincial Environment Code of Masbate and other related existing laws and
ordinances shall be the legal basis of this Article.

SECTION. 605. Registration and Accreditation. Dive-shop owners, tour operators, travel operators
and motorized/paddled-boat operators who shall use the Bugsayon Marine Sanctuary must register
with the Office of the Mayor and secure the necessary Mayor’s Permit thereof. All Tourist and
Visitors Assistance Center, shall give the following information; name, age, status, sex, address

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nationality, occupation, purpose of visit, duration of stay and activities, number of logged dives,
certification level for scuba divers and other required information to guide the community-based
organization on Bugsayon Marine Sanctuary.

SECTION. 606. Daily User’s Fee.

(a) The fees and charges to be collected from tourist and other users of the sanctuary shall be as
follows:

(1) Visitors Entrance Fee: Local Tourist Foreign Tourist

per person per person
(a) Adult P 20.00 $ 1.00
(b) Student (Elementary, High School) 5.00 1.00
(2) Additional Charges/Fees:
(a) Scuba Diving 100.00 5.00
(b) Snorkeling 50.00 2.00
(c) Scuba Divers with still camera 200.00 7.00
(d) Scuba Divers with video camera 300.00 10.00
(3) Daily docking/mooring fee for motorized banca per boat;
(a) Below 3.0 gross tonnage 30.00
(b) Above 3.0 GT to 10 GT 50.00
(c) 10 GT and above 100.00

(b) Mode of Collection - The users of the sanctuary must present the prescribed ticket/s to the
authorized collector before using the sanctuary. Only users with prescribed tickets which may be
secured in advance at the City/Barangay Treasurer’s Office is allowed to use the marine sanctuary
as this is a “NO TICKET, NO ENTRY” area.

(c) Free Entry - The City Mayor has the only authority to allow entry to visitors or tourists into the
sanctuary free of charge or to any government agency or person(s) for purposes beneficial to the
sanctuary, provided a written permit must be obtained therefore. Said agency/person must furnish
the City Government of its findings, observations and suggestions, if there are any.

SECTION. 607. Prohibitions. Prohibitions with sanctions are necessary in order to protect the
habitat, growth, nursery of fishes and other marine life.

The Prohibited Acts are as Follows:

(a) Minor Offenses –
(1) Wearing of gloves by any users of the Bugsayon Marine Sanctuary so as to avoid
touching the sanctuary resources;
(2) Entry of unregistered and non-accredited operators of motorized boat within the
sanctuary;
(3) Entry of all types of boat/vessel within the core of the sanctuary.

(b) Major Offenses –

(1) Collection or destruction of corals and sea grass and other forms of marine life
within the sanctuary;
(2) Boating, wave running or jet skiing within core of the sanctuary;
(3) Any human activity such as swimming, waste disposal at the core zone of the sanctuary
not authorized by this ordinance, management and city government;
(4) Dropping of anchor inside the Marine Sanctuary.

SECTION. 608. Revenue Sharing. Revenues generated from the fees and charges after deducting
all expenses shall be shared by the Barangay and the City Government in the following manner:
(1) Fifty percent to the fund of the City Government;
(2) Fifty percent to the fund of the Barangay; and
(3) Fifty percent of Barangay share shall go to the community-based organization on the Bugsayon
Marine Sanctuary Management of Barangay B. Titong, Masbate City in the area.

SECTION. 609. Management Body of the Bugsayon Marine Sanctuary. The City Mayor shall have
full control and supervision in the planning, administration and management of the Bugsayon Marine
Sanctuary; thus, a special management body is hereby created and shall be composed of a Project
Director Business Development Officer, Community Relations Officers duly assisted by a
Secretariat. It is highly recommended that the Project Director and Community Relation Officer
should be residents of Barangay B. Titong, Masbate City.

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 (a) An Advisory Group, whose primary purpose is to provide technical inputs and other advices for
the management of the sanctuary, is likewise hereby created. It shall be composed of the following:
(1) LGU Representatives – Barangay and City
(2) DA – BFAR Representative
(3) DOT/City Tourism Council Representative
(4) Resort Owners Representatives
(5) Pump Boat Owners Representatives
(6) Dive Shop Owners Representatives
(7) Masbate Divers Club
(8) B. Titong Fisher Folks Association
(9) B. Titong Multi-Purpose Cooperative
(10) CFARMC Chairman
(11) BFARM Chairman – B.Titong
(12) City Chief of Police-PNP Masbate City
(13) Station Chief – PNP Maritime Group
(14) Philippine Coast Guard
(15) Philippine Coast Guard Auxiliary
(16) Chief Bantay Dagat Task Force

SECTION. 610. Penalty. Any violation of the provisions of this ordinance shall subject the offender to
the following penalties;
(a) Minor Offenses:
1st Offense - Warning
2nd Offense - Fine of Php 500.00
rd
3 Offense - Community service for Environmental Protection for two
(2) days within Barangay B. Titong.
(b) Major Offenses:
1st Offense - Fine of Php 500.00
2nd Offense - Fine of Php 1,000.00
3rd Offense - Community service for Environmental Protection for one
(1) week within Barangay B. Titong.

SECTION. 611. Separability Clause. If, for any reason or reasons, any part or provision, of this
Article shall be held to be invalid, other parts or provisions hereof which are not affected shall
continue to be in full force and effect.

SECTION. 612. Applicability Clause. The provisions of Republic Act 8550 and all matters relating to
this chapter shall be governed by pertinent provisions of existing laws and other ordinances.

REGULATING THE USE AND OPERATION OF THE MAGALLANES COLISEUM

SECTION. 613. Title. This shall be known as “Regulation for the use of Magallanes Coliseum”.

SECTION. 614. Scope. This Article shall govern the administration and operation of the Magallanes
Coliseum including imposition and collection of rental fees and charges for its use.

SECTION. 615. Authority. The Local Government Units are empowered by the Constitution to levy
taxes for its operation, to maximize the use of resources and revenues for the development plans,
program objectives and priorities of the city. Implementation of which is specifically provided for
under Section 18 of Republic Act 7160, Paragraph-2, Sub-Paragraph-ii. “Subject to the provision of
Book II of this Code and other applicable laws and upon the majority vote of all the members of the
Sangguniang Panlungsod, enact ordinances levying taxes, fees and charges, prescribing the rates
thereof for general and specific purposes, and granting tax exemptions, incentives or relief.”

SECTION. 616. Purpose. The newly constructed Magallanes Coliseum is comparable to modern
sport and cultural facilities that can accommodate thousands of spectators and could cater to big
and small sport, cultural and other related activities.
(a) The City had spent big amount for its construction, although the same is intended to deliver the
needed services as expected by its constituency, still there is a need for its maintenance in order to:
(1) Guide and control the development of the Magallanes Coliseum including its premises and
beneficial development of the same.
(2) Promote and protect the safety, convenience and welfare of the general public patronizing the
same.

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SECTION. 617. Charges and other Fees. The rental for the use of Magallanes Coliseum, inclusive of
lightings and other facilities installed therein are as follows

(1) Per hour not exceeding eight hours P 300.00

(2) In excess of eight hours per hour 150.00
(3) Basketball practice per hour 150.00
(4) Other purposes than basketball per hour 150.00
(5) Weddings, Birthdays and other receptions not
exceeding eight hours 5,000.00
(6) Trade Fairs/Art Exhibitions per day if more than one week 500.00
(a)Less than one week. 750.00
(7) Beauty Search/Concerts (For fund-raising) 3,500.00
(8) Graduation Activities (for college) 10,000.00
(9) Graduation Activities (for elementary) 6,000.00
(10) Graduation (for pre-school) 4,000.00

SECTION. 618. Exemptions. The rates herein prescribed shall be subject to discount at the
discretion of the Mayor.

REGULATING THE OPERATION OF THE MASBATE CITY FISH COMPLEX

SECTION. 619. Statement of Policy. It is primordial concern of the city government to accelerate
economic development, attract local and foreign investors and generate employment through the
City Fish Complex operations.

SECTION. 620. Definition of Terms.

1. Masbate City Fish Complex – shall mean the stalls, integrated bus and jeepney terminal fish port
(old and new), bagsakan center, ice plant, blast freezing and cold storage and other facilities and
services;
2. Vehicles – any mode of transportation propelled by any power other than muscular power using
the public roads, but excluding road rollers, trolley cars, street sweepers, sprinklers, lawn
mowers, amphibian trucks, tractors and all kinds used exclusively for agricultural purposes;
3. Stall – are booths or compartments with a measurement 15 sq.m. more or less (3m.x 5m.) used
for displaying goods offered for sale at the City Fish Complex;
4. Bagsakan – is a place where all marine products are loaded and unloaded or auctioned for
market to a broker;
5. Broker – is a person who negotiates or facilitates a business transaction for commission or a fee.
In a sense, he is agent or an intermediary between buyer and seller;
6. Other facilities and Services - shall include the use of comfort room, emerge y repairs of
vehicles, and overnight parking and tricycle entrance.

SECTION. 621. The Integrated Bus and Jeepney Terminal at the City Fish Complex shall be the
sole and exclusive land transport terminal in the city.

SECTION. 622. All operators, drivers, and conductors of buses, jeepneys, aircon vans and multicabs
are hereby required to park their vehicles at the designated terminal area and pay the necessary
fees and charges there from. They are prohibited from loading and unloading at any other areas
except at the said terminal. Private trucks and other vehicles that park, load or unload cargoes at the
terminal shall be charged the necessary fees and charges as well.

(1) For purposes of facilitating harmonious relationship among the operators and drivers of buses,
jeepneys and multicabs and to ensure the smooth flow of operations, all drivers and operators must
be duly accredited at the City Fish Complex;
(2) Requirements for Accreditation:
(a) The operator/driver must be a duly registered franchisee of a specific route plying all road
networks of mainland Masbate.;
(b) The operator/driver of a public utility must be a holder of a professional driver’s license;
(c) The operator/driver must pay an accreditation fee of;
(1) Buses P 100.00 per annum
(2) Air-con vans 50.00 per annum
(3) Jeepneys 50.00 per annum
(4) Multi cabs 50.00 per annum

(3) All accredited public utilities shall be issued with a sticker bearing the Official Seal of the City of
Masbate
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SECTION. 623. Impositions. There is hereby levied the following fees and charges for the services
rendered by the City Fish Complex. The City Treasurer or her duly authorized representative is
hereby empowered to issue cash tickets based on the schedule of fees and charges as herein
prescribed, subject to an increased of ten percent per annum at the discretion of the City Mayor.

A. Stalls
Fees/Charges
(a) Carenderia
(1) Area (3x5=15 sq. m.)
(2) Rental per sq.m. P 400.00
(3) Monthly Rental per stall 6,000.00
(b) Bagsakan
(1) Area (5x5=25 sq. m.)
(2) Rental per /sq. m. 340.00
(3) Monthly Rental per stall 8,500.00
(c) Temporary Occupancy of vacant space
(1) Rental per month per sq. m. 500.00
Provide that the occupancy does not obstruct the passageways and the products displayed which
shall have a maximum period of two (2) months occupancy.

B. Integrated Bus and Jeepney Terminal

VEHICLES ROUTES FEES/CHARGES

FROM TO per parking
1. BUS (6-wheels) Masbate City -Mobo P 50.00
- Uson 50.00
- Dimasalang 50.00
- Palanas 50.00
- Cataingan 50.00
- PV. Corpuz 50.00
- Esperanza 50.00
- Placer 50.00
- Cawayan 50.00
- Milagros 50.00
- Mandaon 50.00
- Balud 50.00
- Baleno 50.00
- Aroroy 50.00
2. JEEPNEY (4-wheels) Masbate City - Mobo 25.00
- Uson 25.00
- Dimasalang 25.00
- Palanas 25.00
- Cataingan 25.00
-P V. Corpuz 25.00
- Esperanza 25.00
- Placer 25.00
- Cawayan 25.00
- Milagros 25.00
- Mandaon 25.00
- Balud 25.00
- Baleno 25.00
- Aroroy 25.00
3.AIRCON VAN Masbate City - Mobo 30.00
- Uson 30.00
- Dimasalang 30.00
- Palanas 30.00
- Cataingan 30.00
-P V. Corpuz 30.00
- Esperanza 30.00
- Placer 30.00
- Cawayan 30.00
- Milagros 30.00
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 - Mandaon 30.00
- Balud 30.00
- Baleno 30.00
- Aroroy 30.00
4.MULTI-CAB Masbate City - Mobo 25.00
- Uson 25.00
- Dimasalang 25.00
- Palanas 25.00
- Cataingan 25.00
-P V. Corpuz 25.00
- Esperanza 25.00
- Placer 25.00
- Cawayan 25.00
- Milagros 25.00
- Mandaon 25.00
- Balud 25.00
- Baleno 25.00
- Aroroy 25.00
5. PRIVATE TRUCKS Masbate City - Mobo 50.00
- Uson 50.00
- Dimasalang 50.00
- Palanas 50.00
- Cataingan 50.00
-P V. Corpuz 50.00
- Esperanza 50.00
- Placer 50.00
- Cawayan 50.00
- Milagros 50.00
- Mandaon 50.00
- Balud 50.00
- Baleno 50.00
- Aroroy 50.00
6. PRIVATE VEHICLES Masbate City - Mobo 20.00
(AUV-Light) - Uson 20.00
- Dimasalang 20.00
- Palanas 20.00
- Cataingan 20.00
- PV. Corpuz 20.00
- Esperanza 20.00
- Placer 20.00
- Cawayan 20.00
- Milagros 20.00
- Mandaon 20.00
- Balud 20.00
- Baleno 20.00
- Aroroy 20.00

C. Fish Ports (Fish Port/old and Masbate Fish Port Complex/new)

1. Berthing or docking fees: (Masbate Fish Port Complex/new)

(a) Motorized passenger and/or cargo vessels (more than 3 tons) per berth P 200.00/day
(b) Motorized passenger and/or cargo vessels (3 tons) per berth 120.00/day
(c) Motorized passenger and/or cargo vessels (less 3 tons) per berth 40.00/day
(d) Others/non-motorized vessels 20.00/day

2. Berthing or docking fees: (Fish Port/old)

(a) Motorized fishing vessels (more than 3 tons) per berth P150.00/day
(b) Motorized fishing vessels (3 tons) per berth 110.00/day
(c) Motorized fishing vessels (less 3 tons) per berth 40.00/day
(d) Others/non-motorized vessels 20.00/day
3. Mooring and unmooring fees:
(a) Motorized boat more than 3 tons (service) P 100.00
(b) Motorized boat 3 tons (service) 75.00
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(c) Motorized boat less than 3 tons (service) 50.00
4. Unloading, brokers, and transshipment fees;
(a) Unloading fee for aquatic and agricultural products shall be paid by the owner/producer at the old
or new fish ports at the following rate;

Volume Fresh Dried Prawns Shrimps Crabs Fruits Vegetables

Fish Fish
Per Thermo 10.00 15.00 10.00 1.00
Chest per
(big) kg.
(small) 5.00 10.00 5.00
Per Bañera 5.00 10.00 5.00
(big)
(small) 2.50 5.00 2.00
Per Bangkat 10.00 5.00 5.00
(60 cm. x 20
cm.)
(scroll) 2.50 2.50 2.50
(basket) 2.50 2.50 2.50
Per Bayong 2.00 2.50 2.50
(big)
(small) 1.00 2.00 2.00

(b) Brokers’ fee on aquatic and agricultural products shall be paid by the fish broker who sell the
goods at the fish auction market area or bagsakan area at the old and new fish port at the following
rates;

Volume Fresh Dried Fish Prawns Shrimps Crabs

Fish
Per Thermo 10.00 15.00 10.00 1.00 per
Chest kg.
(big)
(small) 5.00 10.00 5.00
Per Bañera (big) 5.00 10.00 5.00
(small) 2.50 5.00 2.00
Per Bangkat 10.00
(60 cm. x 20 cm.)
(scroll) 2.50
(basket) 2.50
Per Bayong (big) 2.00
(small) 1.00

(c) Transshipment Fee on aquatic and agricultural products shall be paid by the fish vendor/buyer
who bought the goods at the fish auction market area or bagsakan area at the old and new fish ports
at the following rates;

Volume Fresh Dried Fish Prawns Shrimps Crabs

Fish
Per Thermo 10.00 15.00 10.00 1.00 per
Chest kg.
(big)
(small) 5.00 10.00 5.00
Per Bañera (big) 5.00 10.00 5.00
(small) 2.50 5.00 2.00
Per Bangkat 10.00
(60 cm. x 20 cm.)
(scroll) 2.50
(basket) 2.50
Per Bayong (big) 2.00
(small) 1.00

All incoming aquatic products for trading weighing 100 kilos and above shall pass through the
fish auction market area or bagsakan area.

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D. Ice Plant –
(1) Rates of Ice:
(a) Whole Ice per block P 200.00
(b) Crushed Ice per block 210.00
(2) Schedule of Delivery;
(a) Poblacion per block 10.00
(b) Out of the city delivery at maximum load of thirty (30) blocks:
(1) Mobo – P 500.00 per delivery trip and an additional charge of P20.00 per block in excess of 30
blocks;
(2) Milagros and Baleno –P 1,500.00 per delivery and an additional charge of P20.00 per block in
excess of 30 blocks;
(3) Balud, Aroroy, Mandaon –P 2,500.00 per delivery and an additional charge of P30.00 in excess
of 30 blocks;
(4) Uson, Dimasalang -P 1,500.00 per delivery and an additional charge of P 20.00 in excess of
30blocks;
(5) Palanas. Cawayan, Cataingan, Placer, Pio V. Corpus and Esperanza –P2,500.00 per delivery
trip and an additional charge of P 30.00 per block in excess of 30 blocks.
(6) For marketing and promotional purposes, a customer may be given the privilege of free delivery
ouside the City, provided, that all expenses incurred shall be the said customer.

E. Blast Freezing and Cold Storage- The following rates shall be collected
(1) Blast freezing per kilogram per 4-hour cycle with a minimum
load of 2 tons per cycle 2.30
Holding Room/Cold Storage. Any person who shall avail of the
holding room/cold storage facilities shall be charged, as follows:
(a) Cubicle per sq. m./month with a minimum three
month length of contract P 2,500.00
(b) Walk-in Customers:
(1) Aquatic and/or Agricultural Products per kg., per day 2.00
in excess of five days an additional charge per day 0.50
(2) Dried Fish per box of 20kgs. 35.00
in excess of 5 boxes 10.00
(3) Various items per kg., per day 0.45
(4) Vegetables per kg., per day 0.25
(5) Fruits per box of 25 kgs. per day 10.00
(3) Other Facilities and Services:
(a) Use of Comfort Room
(1) Urinate per person 2.00
(2) Urinate and vowel movement per person 5.00
(3) Bath per person 10.00
(b) Emergency Repairs of Vehicle:
(1) For two hours 20.00
(2) Per hour thereafter 5.00

(c) Overnight Parking

(1) Per bus 50.00
(2) Per Jeepney, Van, Multi-Cab 30.00
(3) Per other vehicles 10.00

(d) Entrance Fee

(1) Pushcart 3.00
(2) Tricycle 5.00
(3) Delivery Van 10.00
(4) Delivery Truck 15.00

SECTION. 624. Duty of Peace Officers. The PNP Station Commander or his duly authorized
representative is hereby directed to maintain peace and order at the City Fish Complex.

SECTION 625. Penalty Clause. Any person found violating any provision of this ordinance shall be
penalized, to wit:

1st Offense P 500.00

2nd Offense 1,000.00
3rd Offense and subsequent Offenses 1,500.00
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 fine or by an imprisonment of not exceeding six (6)
months, or both, at the discretion of the court.

MARKET FEES AND CHARGES

MARKET FEES

SECTION 626. Definition of Terms.

1. Public Market – refers to any place, building or structure of any kind, designated as such by the
Sangguniang Panlungsod except public streets, parks and the like;
2. Public Premises – refers to an open space in the compound; part of the market lot consisting of
bare ground, not covered by market buildings, usually occupied by transient vendors especially
during market days;
3. Market Section – refers to a subdivision of the market, housing one class or group of allied
goods, commodities or merchandise;
4. Market Stall – refers to any allotted space or booth in the public market with share merchandise
of any kind is sold or offered for sale.

SECTION 627. Market Sections. For purposes of this Article, the public market of this City shall be
divided into the following sections:

1. Fish Section – all kinds of fresh fish, clams, oyster, shrimps, and marine products;
2. Meat Section – all kinds of fresh meat, from cow, hog, carabao, horse, goat, fowl and swine;
3. Fruits and Vegetables Section – all kinds of fruits, root crops and vegetables;
4. Grocery and Sari –Sari Section – all kinds of cakes, butter, cheese, candles confectionaries,
canned or bottled foods, flour, rice, corn, oat meals, onions, garlic, mongo, salt soap, etc., soft
drinks and other households items, including charcoal and firewood, coffee and sugar;
5. Native Craft Section – all kinds of native products, woodcarvings, woven baskets, mats, hats,
bags, and all kinds of handicrafts, figurines, shell-craft and other items;
6. Service Section – all kinds of business that offer and render services, such as barbershops,
beauty parlors, boutique, dress shops, botica/drug stores, tailor shops and the like;
7. Dry Goods Section – all kinds of textiles, novelties, ready-made dresses, apparels, office
supplies and other similar items;
8. Eateries and Cooked Food Section – all kinds of cooked food including refreshments,
halo-halo, ice cream, restaurants, café and cafeterias, carenderias, fast food center.

SECTION 628. Imposition of Fees.There shall be collected the following market fees:

(1) Fish section, meat, fruits and vegetables, assorted

dried fish and food section per sq. m./day P5.00
(2) On occupants of market premises, not occupying
stalls, tables or accessories per sq.m./day 5.00
(3) On occupants of market space not occupying stalls
or tables vendors of fish, fruits, vegetables and other
commodities per sq.m./day 5.00
(4) On occupants of market premises, not occupying stalls,
per day or fraction thereof: (Transient vendors)
(a) Fish (salted, dried, fresh, etc.) per box, banera, caring, etc. 5.00
(b) Chicken fowls per dozen 5.00
(c) Eggs per tray 1.00
(d) Root Crops per sack 5.00
(e) Bananas per sack/ per bunch 5.00
(f) Mats, hats, baskets, ropes and the like per bundle 5.00
(g) Earthen jar, each 1.00
(h) Second hand clothes per bundle 15.00
(i) Rice and corn per sack 2.00
(j) Charcoal per sack 3.00
(k) Nipa thatches and bamboo splits, per hundred 6.00
(l) Livestock per head:
(1) Over 50 kgs. 10.00
(2) Less than 50 kgs. (piglets) 5.00
(m) All kinds of fruits and vegetables, per caing and
other related agricultural products per bag/box 2.00
(n) Assorted goods for display per sq. m. per day 5.00

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(5) On occupants of shopping centers or market pavilion at the rate of P75.00 per sq. m., to wit:
(a) For each market stall located along Domingo St. including corner Domingo st;
(b) For each market stall located along Ibañez St., Extending to Zurbito St., Market, St. No.
2(excluding corner Ibañez St;
(c) For each market stall located along Zurbito St., to corner Ibañez St.,excluding corner stall
(d) For market stall located between Zurbito Ext. and Tara St., along Market Road No. 2
(e) Market stalls under B.O.T. located along Tara St., from corner Ibañez St., Extension to Market
road No. 1 (exit of Market Terminal) including two stalls from corner of the property of the late
Dionisio Capellan
(f) Market stall from corner Market Road No. 2 along Tara St., to corner Ibañez St., Extension
(excluding corner stall)
(6) All stalls are subject issuance of cash tickets at P5.00 per table; Meat, fish, fruits and vegetables
sections are subject to cash tickets of Three Hundred per day. Provided: the present rates for the
above-mentioned stalls shall be gradually increased every five years of not more than ten percent of
the rates prescribed under this Article, and that the Market Administrator/Supervisor shall prepare
the rules and regulations for the effective implementation of these impositions.
(7) The numbering, designations or other forms of identifying the public market sections and the
shopping centers or market pavilion shall be the responsibility of the Market
Administrator/Supervisor with the approval of the Mayor.
(8) In case the vendor from whom an entrance fee was collected occupies any space with an area in
excess of what he paid for, he shall be required to pay the correct amount of the fee due plus an
interest of Twenty five percent on what he have already paid as entrance fee.
(9) Duly licensed suppliers or distributors of goods, commodities or general merchandise of
permanent occupants on market stalls, booths or tiendas or other space, as well as the same
occupants when they bring goods, commodities or merchandise to replenish or augment their stocks
shall not be considered as transient vendors and shall not be required to pay the additional market
fees. Transient vendors shall be confined or limited to areas not earmarked and utilized for
passageways and/or entrance to the market building.
(10) Fees for Electrical Bill;
(a) Market stall lessees with electrical meter, including table holders shall pay their monthly
electrical bills to the City Treasurer or to the Revenue Collector assigned at the Office of the
Market Administrator. The City Treasurer shall be responsible in the payment of said electrical
bills to Masbate Electric Cooperative.
(b) Market stall lessees with individual electrical meter shall pay their monthly electrical bills and
the additional One hundred pesos as maintenance fee to the City Treasurer or to the assigned
Revenue Collector at the Office of the Market Administrator.
(c) For table lessees, the cost of electrical power shall be as follows;
(1) For Every 40 watts per 18 hrs. use P 10.00
(2) For every 50 watts per 18 hrs. use 12.00
(3) For every 100 watts per 18 hrs. use 17.00

SECTION 629. Time and Manner of Payment.

A. For stalls – the fees for the rental of market stalls shall be paid to the City Treasurer within the
first Ten days of each month. In case of a new lease, the rental due for the month in which the
lease starts, shall be paid before the use or occupancy of the stall. For occupancy of market
premises – the fee for the occupancy of market premises shall be paid daily, in advance, before
any commodity or merchandise is sold within the market premises;
B. For market entrance fee – the fee shall be paid or collected at the gate of the public market
before the transient vendors are allowed to sell their goods inside the market premises;
C. For office space in the shopping center or market pavilion – the fee shall be paid to the City
Treasurer before occupancy of the office space and within the first Ten days of the month
following.

SECTION 630. Issuance of Official Receipts and Cash Tickets. The City Treasurer or his duly
authorized representative shall issue an official receipt as evidence of payment of rentals on fixed
stalls and office spaces:
A. A cash tickets shall be issued to an occupant of the market premises or transient vendor and his
name shall be written at the back thereof. The cash ticket shall pertain only to the person who
occupies the same and shall be for the space of the market premises to he is assigned. If a
vendor whose merchandise are sold by wholesale to another vendor, the latter shall be issued
with a new tickets if he sells the same merchandise in the same place occupied by the previous
vendor.
B. The cash tickets shall be torn in half, one half to be given to be the space occupant or vendor
and the other half to be retained by the market collector who shall deliver the same to the City
Treasurer to counter-check the record of cash tickets issued to him for that day.
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SECTION 631. Surcharge for Late or Non-Payment of Fees.
A. The lessee of the stall or office, who fails to pay the monthly rental fee within the prescribed
period, shall pay a surcharge of twenty five percent of the total rent due. Failure to pay the rental
fee due for three consecutive months, shall cause the cancellation of the contract of lease,
without prejudice to any judicial remedy which the city government may undertake for the
collection of unpaid rentals including surcharges at the expense of the lessee. The stall shall be
declared vacant and shall be subject to adjudication.
B. Any person occupying more than the space allotted to him shall pay an additional amount or a
fraction thereof, in addition to the regular rate for such space.

SECTION 632. Adjudication of Stalls.

A. Lease Period – The contract of lease for a stall or office space shall be for a period of one (1)
year renewable upon its expiration, unless revoked in accordance with the provision of this
Article.
B. Notice of Vacancy – A notice of vacancy for newly-constructed stall shall be made for a period of
ten (10) days immediately preceding the date fixed for their award to qualified applicants to
appraise the public of the fact that such fixed space is unoccupied and available for lease. Such
notice shall be posted conspicuously on the unoccupied stall and in the bulletin board of the
public market. The notice of vacancy shall be in the following form:

NOTICE

Notice is hereby given that stall No. ________ or Space No. _______ of the public market/shopping
center is vacant (or will be vacant) on ____________; 19___. Any person, 21 years of age or above
and is not legally incapacitated, who is desiring to lease this stall/office space, shall fill an application
therefore on the prescribed form (copies may be obtained from the Office of the Mayor). In case
there are more than one applicant, the award of lease of the vacant stall/office/space shall be
determined thru drawing of lots to be conducted on ________,200____ at 10:00 o’clock in the
morning at the office of the City Mayor, by the Market Committee. This stall space is found at the
___________ section and intended for _______________________.

_______________________
City Treasurer

C. Application for Lease – The applicant shall be under oath. It shall be submitted to the Office of
the City Treasurer / Mayor by the applicant either in person or through attorney.
(a) It shall be the duly of the City Treasurer to keep a registry book showing the names and
addresses of all applications for a stall, the number of the stall and description of the stall applied
for, date and hour of the receipt of each application. It shall also be the duty of the treasurer to
acknowledge receipt thereof
(b) The application shall be substantiated in the following form:

__________________________________________________________________________

The City Treasurer

_________________________
_________________________

Madam:

I hereby apply for the lease of Stall/Space No. __________ of the

______________________ Public market/shopping center. I am ____ years old, a citizen of
________________________ residing at ___________________________________.

(c) Should the above-mentioned stall or space be leased to me in accordance with the market rules
and regulations, I promise to hold the same under the following conditions;
(1) That while I am occupying /leasing this stall/space, I shall at all times have my picture and those
of any helper/s conveniently framed and hanged conspicuously in the stall;
(2) I shall keep the stall/space at all times in good sanitary condition and comply strictly with all
sanitary and market rules and regulation now existing or which may hereinafter be promulgated;
(3) I shall pay the corresponding rents for the stall/space in the manner prescribed by this
Code or other existing ordinances;
(4) The business to be conducted in the stall/space belongs exclusively to me;

185
(5) That in case helpers are employed, I shall nevertheless personally conduct my business
and be present at the stall. I shall promptly notify the market authorities of my absence giving my
reason thereof;
(6) I shall not transfer my privileges over the stall or otherwise permit another person to conduct
business therein;
(7) Any violation on my part or on the part of my helpers on the foregoing conditions shall be a
sufficient cause for the City Authorities to cancel this contract.

Very respectfully,

_____________________
Applicant
I, _____________________ do hereby state, that I am the person who signed the foregoing
application, that I have read the contents of the same and that the contents thereof are true and
correct to the best of own knowledge.

______________________
Signature of the Applicant
TIN ________________

SUBSCRIBED AND SWORN TO BEFORE me this ______ day of ________, 200____ at

__________________, Philippines, applicant-affiant exhibiting to me his/her Residence Certificate
No. ________________ issued on _______________, 200______ at ______________.

_______________________
Administering Officer

D. Applicants who are Filipino citizens shall have preference in the lease of public market stalls. If on
the last day for filing, there are no Filipino applicants, the posting of the notice of vacancy shall
be repeated for another 10-day period. If after the expiration of the period, there are still no Filipino
citizens applying for the same, the adjudication of the stalls shall be made thru a drawing of lots to
be conducted by the Market Committee.
E. In case there is only one Filipino applicant, the stall applied for shall be adjudicated to him. If there
are several Filipino applicants for the same stall, adjudication of the same shall be made thru
drawing of lots to be conducted by the market committee on the date and hour specified in the
notice. The result of the drawing of lots shall be reported immediately to the City Mayor for
appropriate action;
G. The successful applicant shall furnish the City Treasurer/Mayor two copies of his picture
immediately after the award of the lease. It shall be the duty of the City Treasurer/Mayor to affix one
copy of the picture to the application form and the other copy to the record card kept for that
purpose;

SECTION 633. Miscellaneous Provisions on Stalls.

(1) Vacancy of the stall before expiration of the lease – If for any reason, a stallholder or lessee
discontinues or is required to discontinue his business before his lease contract expires, such stall
shall be considered vacant and its occupancy thereafter shall be disposed of in the manner herein
prescribed;
(2) Partnership with stall holder – A market stallholder who enters into business partnership with any
party after he acquires the right to lease such stall shall have no authority to transfer to his partner/s
the right to occupy the same. In case of death or any legal disability of the stallholder to continue
occupying the stall for period not exceeding sixty days within to wind up the business of the
partnership, and if the surviving partner is qualified to occupy the stall under the provisions hereof,
and the spouse, parents, son, daughter, or relative within the third degree by consanguinity or affinity
of the deceased is not applying for the stall, he/she shall be given the preference to continue
occupying the stall concerned, if he/she applies for it;
(3) Lessee to personally administer his stall – any person, who had been awarded with the right to
lease a market stall in accordance with the provisions hereof, shall occupy, administer and be
present personally at his stall. He may employ helpers who must be citizen of the Philippines,
including but nor limited to his spouse, parents and children who are actually living with him and who
are not disqualified under the provisions hereof. The person to be employed as helper shall be the
person with whom the stallholder has no commercial relation or transactions;

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(4) Dummies/Sublease of Stalls – In any case where the person is registered to be the owner or
holder of the stall in the public market is found to be not the person who is actually occupying said
stall, the lease of such stall shall be cancelled, if upon investigation such stallholder shall be found to
have subleased his stall to another person, or to have connived with such person so that the latter
may for any reason, be able to occupy the said stall;
(5) The placing of chicken, crops, chopping/cutting tables, animal carcasses, display hangers,
grinders, dressed chickens and similar paraphernalia and products as well as dry goods and other
articles of commerce on passageways, alleys, corridors and walkways is prohibited;
(6) Coconut products shall be stored strictly within the confines of stalls, once extracted, its shells
shall be dispensed of by placing in garbage bags;
(7) Placing of fish boxes, bañeras, pushcarts, etc. in front of fish vendor section, which is intended
for use as parking area of market goers, is prohibited.

SECTION 634. Responsibility for Market Administration. The City Mayor/ Treasurer shall exercise
direct and immediate supervision and control over the city public market and its personnel thereof,
including those whose duties concern the maintenance and upkeep of the market and market
premises in accordance with this Code.

SECTION 635. Creation of the Market Committee. There is hereby created a permanent Market
Committee composed of the City Mayor as Chairman: the City Treasurer as member; a member of
the Sangguniang Panlungsod, and a market vendors representative as member. The Committee
shall conduct the drawing of lots and opening of bids in connection with the adjudication of vacant or
newly constructed stall or office space in the public market and shopping center and to certify to the
City Mayor the results thereof.

SECTION 636. Rules and Regulations.

(1) The peddling or sale outside the public market and its premises of foodstuff or which easily
deteriorate, like fish, meat and the like is hereby prohibited;
(2) No person shall utilize the public market for residential purpose;
(3) No person shall peddle hawk or offer for sale, or expose for sale any article in the passageways,
or aisles used by purchasers in the city market. To avoid unjust competition, peddlers and hawkers
shall not be permitted anywhere in the market premises. Market officials and personnel and
policemen detailed in the vicinity of the city market shall exercise strict vigilance on this manner and
enjoin the strict compliance with these provisions;
(4) It shall be unlawful for any person to resist, obstruct, annoy, or impede any market employee or
personnel in the performance of his duties: nor shall parents allow their children to play around their
stall in the market premises;
(5) No merchandise or article shall be sold, offered for sale or exposed for sale in the public market
unless the same is legally acquired by the vendor or stallholder and the taxes thereon have been
paid;
(6) No lessee shall remove, construct or alter the original structure of any stall/table, or electrical
wirings or water connection without prior permit from the Market Administrator/Supervisor, and
approved by The City Engineer;
(7) It shall be the duty of every stallholder to provide in his establishment a receptacle or can for his
garbage or refuse;
(8) It shall be unlawful for stallholder or lessee to use the stall other than what has been applied for;
(9) All weights and measures being used by the lessee shall be sealed or calibrated by the City
Treasurer upon payment of the fees thereof;
(10) The City of Masbate shall not be responsible to the occupants of stall for any loss or damage
caused by fire, theft, robbery, “force majeure” or any other causes. All articles or merchandise left in
the market during closed time shall be at the risk of the stall holder or owner thereof;
(11) All articles abandoned in the public market in violation of any of the provisions of this Article or
any rules or regulations on the management of the market, shall be deemed considered as
nuisance. It shall be the duty of the Market Administrator to take custody thereof. In case the articles
are not claimed within twenty-four hours, they shall be returned to the original owner upon payment
of the actual expenses incurred in their safekeeping, unless they have so deteriorated to constitute a
menace to public health, in which case, they shall be disposed of in the manner directed by the
Mayor/Treasurer, who may in his discretion, cause the filing of appropriate charges or warn him
against future violation. In case where the article have not deteriorated and are not claimed within
the time herein fixed, said article shall be sold at public auction, and the proceeds thereof shall be
disposed in accordance with the law.

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 ESTABLISHMENT AND REGULATION OF FLEA MARKET

SECTION 637. Definition of Terms.

(1) Flea Market –a street (side walk) market where articles are for sale either wholesale or retail;
(2) Articles – any merchandise provisions goods commodities products or foodstuffs;
(3) Container – any sack, bayong, basket, scroll or bangkat;
(4) Wholesale –a sale where the purchaser buys or imports the commodities for resale to persons
other than the end-users regardless of the quantity of the transaction;
(5) Retail- a sale where the purchaser buys the commodity for his own consumption irrespective of
the quantity of the commodity sold.

SECTION 638. Manner of Disposing Goods. All merchandise article provision or goods offered for
sale on the flea marker shall be arranged that the no portion of the road be obstructed except the
sidewalk which is actually use for exposing the same can easily and perfectly cleaned.

SECTION 639. Protection of Foodstuffs and Container. All merchandise, articles, goods offered for a
sale be protected from all kinds of foreign matter such as insects, vermin, etc. and other chemical
contamination and placed in such manner as the city Health Officer or his duly authorized
representative may direct and all contains for merchandise shall be of such a size, class, and
conditions as shall be suitable for the purpose of which it is used. No carenderia and other eateries
shall be allowed to operate without sanitary Permit from City Health Office.

SECTION 640. Sale of Meat, Fresh Fish, Shells and Charcoal. Selling of meat fish, shells and
charcoal shall be strictly prohibited to maintain environmental sanitation and cleanliness of the Flea
Market Area.

SECTION 641. Sale, Exposure, What Constitutes. Whatever articles shall be exhibited on flea
market, as if the same where intended for sale, whether sold or not directly offered for sale or not,
such exhibition shall be held to be exposed for sale or offered for sale within the meaning of the
Ordinance.

SECTION 642. Period of Display of Commodities. All duly authorized farmer- producers and traders
shall commence to display sell of expose their respective commodities of goods at 6:00 o’clock in
the evening of Friday and shall end at 12:00 o’clock midnight the following day.

SECTION 643. Area Apportionment, Authority. The City Mayor through the City Administrator, is
given the authority to determine, share out, divide or apportion flea market areas to recipient traders
but shall give priority to farmers- producers and residents of the City.

SECTION 644. Prohibition for Display of Merchandise. No person shall sell display or exhibit for the
purpose of selling any products or goods outside the area/place specifically designated.

SECTION 645. Fees/Charges. The City Treasurer or his duly authorized representative is hereby
empowered to issue cash tickets based on the scheduled of fees herein-setforth, to wit;

FLEA MARKET

A. AGRICULTURAL UNIT OF MEASUREMENT FEES/CHARGES

(1) Root Crop per sack P 3.00

(2) Vegetable Crops per bangkat 5.00
per scroll 2.00
per basket 1.00
(3) Fruit per bangkat 5.00
per scroll 2.00
per basket 1.00
per bayong (big) 2.00
per bayong (small) 1.00
(4) Cereals per sack 5.00
(5) Garden Soil/ Compact per Sack 2.00
(6) Fruit Trees per piece 2.00
(7) Ornamental/
Flowering Plants per piece 0.25
(8) Clay/Rubber Pot per piece 0.25

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(9) Livestock per head 10.00
(10) Poultry per bangkat 50.00
(11) Furniture and Like per set 50.00

B. AQUATIC

(1) Dried Fish per bangkat 10.00

per sack 8.00
per box (60cm. 20cm) 5.00
per bayong 3.00

C. USED CLOTHING/DRY GOODS/ Carenderia/Other Stalls

(1) Ukay-Ukay Dry Goods, Carenderia

per Square meter (space occupied) 20.00

D.PARKING FEES- All public and private vehicles utilized in the hauling of commodities and parked
within the Flea Market Area shall be charge with the corresponding fees as follows:

(1) Private Truck per unit 50.00

(2) Public Utility Bus (PUB) per unit 40.00
(3) Public Utility Jeep (PUJ) per unit 20.00
(4) Tricycle per unit 5.00

SECTION 646. The PNP Station Commander or his duly authorized representative is likewise
directed to maintain peace and order at the Flea Market.

SECTION 647. Penalty Clause. Any person found violating the provision of this ordinance shall be
penalized to wit;

1st Offense P 500.00

2nd Offense 1,000.00
3rd Offense 2,000.00
fine or an imprisonment
of not exceeding six months, or
both at the discretion of the court.
(marginal farmers are the priority)

SHARE OF MASBATE CITY GOVERNMENT FROM THE NATIONAL WEALTH

GENERAL PROVISION

SECTION 648. Definition of National Wealth. All lands of public domain, waters, minerals, coal,
petroleum and other mineral oils, all sources of potential energy, fisheries, forest or timber, wildlife,
flora and fauna, and other mineral resources owned by the state are covered by the definition of
national wealth pursuant to Article XXII, Section 2 of the Philippine Constitution.

SECTION 649. Share in the Proceeds from the Development and Utilization of the National Wealth.
The City of Masbate shall have an equitable share in the proceeds derived from the utilization and
development of the national wealth within its territorial jurisdiction.

SECTION 650. Rate of Share of Masbate City Government . The City shall have a share of Fifty
percent of Forty percent of the gross receipts collection derived by the national government from the
preceding calendar year from mining charges, royalties, forestry, and fishery charges, and such
other taxes, fees and charges, interests, fines, and from its shares in any co-production, joint venture
or production sharing agreement in the utilization and development of the national wealth within its
territorial jurisdiction.

SECTION 651. Share of the City Government of Masbate from any Government Agency or
Government-Owned or Controlled Corporations. The City shall have a share based on the preceding
fiscal year from the proceeds derived by any government agency or government –owned or
controlled corporations engaged in the utilization and development of the national wealth based on
the following formula whichever will produce a higher share of the City.
(1) Fifty percent of One percent of the gross receipts or sales of the preceding calendar year; or
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 (2) Fifty percent of Forty percent of the mining taxes, royalties, forestry, and fishery charges and
such other taxes, fees and charges, including related surcharges, interest, or fines the government
agency or government-owned or controlled corporation would have paid if it were not otherwise
exempt.

REMITTANCE AND MANAGEMENT OF CITY SHARE

SECTION 652. Remittance of the Share of Masbate City Government . The share of the City shall
be released within Five days after the end of each quarter by the government agency or government
–owned or controlled corporation engaged in the utilization of the national wealth to the City
Treasurer.

SECTION 653. Examination of Books of Accounts. The City Treasurer shall examine the book of
accounts of covered national government agencies and government –owned or controlled
corporations to determine the share of the city. It shall be the duty of the agency concerned to
facilitate such examination and the remittance of the share to the City Treasurer on time.
SECTION 654. Development and Livelihood Projects. The proceeds from the share of the City
pursuant to this Chapter shall be appropriated to finance the city development and livelihood
projects. Provided, that at least Eighty percent of the proceeds derived from the development and
utilization of hydrothermal, geothermal and other sources of energy shall be applied solely to the
cost of electricity of the city.

GENERAL ADMINISTRATIVE AND PENAL PROVISIONS

COLLECTION AND ACCOUNTING OF CITY REVENUES

SECTION 655. Collection. The collection of the City taxes, fees, charges, surcharges, interests and
penalties accruing to the City of Masbate shall be the responsibility of the City Treasurer or his
deputies and in no case shall be delegated to any other person.

Unless otherwise specifically provided in this Code, or under existing laws or decrees, the City
Treasurer is authorized subject to the approval of the City Mayor, to promulgate rules and
regulations for the proper and efficient administration and collection of taxes, fees and charges,
which are herein imposed.

SECTION 656. Issuance of Receipts. It shall be the duty of the City Treasurer or his authorize
representative to issue the official receipts to the person paying the taxes, fees, charges, indicating
therein the date, amount, name of the person paying, the account for which it is paid.
In acknowledging payment of local taxes, and charges, it shall be the duty of the City Treasurer or
his deputies to indicate in the official receipt the corresponding number of the article or section of the
local ordinance.

SECTION 657. Records of Taxpayers. It shall be the duty of the City Treasurer to keep the records,
alphabetically arranged and open to public the list of persons paying city taxes, fees and charges as
far as practicable. He shall keep and establish an appropriate tax roll for each kind of tax, fee or
charges as provided in this Code.

SECTION 658. Examination of Books of Accounts and Pertinent Records of Businessmen by the
City Treasurer. The City Treasurer may by himself or through any of his deputies duly authorized in
writing, examine the books of accounts and other pertinent records, the date and place of such
examination and the procedure to be followed in conducting the same.
For this purpose, the records of the revenue district office of the Bureau of Internal Revenue shall be
made available to the City Treasurer, his deputy or duly authorized representative.

SECTION 659. Accounting of Collection. Unless otherwise provided in this Code and other existing
laws and ordinances, all monies collected by virtue of this code, shall be accounted for in
accordance with the provisions of existing laws, rules and regulations and credited to the general
fund of this City.

SECTION 660. Surcharge and Penalties on Unpaid Taxes, Fees or Charges. The Sanggunian may
impose a surcharge not exceeding Twenty-five percent of the amount of taxes, fees or charges not
paid on time, including surcharges until such amount is fully paid but in no case shall the total
interest on the unpaid amount or portion thereof exceed thirty six months.

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SECTION 661. Interest on Other Unpaid Revenues. Where the amount of any revenue due a local
government unit, except voluntary contributions or donations, is not paid on the fixed date in the
ordinance or in the contract, expressed or implied, or upon the occurrence of the event which has
given rise to its collection, a two percent per month interest rate shall be collected from the date of
its due until it is paid, but in no case shall the total interest on the unpaid amount thereof exceed
thirty-six months.

SECTION 662. Accrual to the General Fund of Fines, Cost, Forfeitures, and Others. Unless
otherwise provided by law or ordinances, fines, costs, forfeitures, and other pecuniary liabilities
imposed by the Municipal Court in Cities for the violation of any City Ordinance, shall accrue to the
General Fund of the City.

CIVIL REMEDIES FOR THE COLLECTION OF TAXES, FEES, OR CHARGES

SECTION 663. Civil Remedies. The civil remedies for the collection of taxes, fees or charges under
this Chapter, including surcharge and interest thereon for failure to pay on time shall be:
(1) By administrative action through distraint of goods, chattels or effects or other personal property
of whatever character, including stocks and other securities debts, credited bank accounts and
interest in or rights to personal property, and by levy upon real property and interest in or rights to
real property following the procedures provided for under Section 175, Distraint of Personal Property
and Section 176 to 185 of Republic Act 7160, otherwise known as the Local Government Code of
1991 on the levy of real property; and
(2) By judicial action:
Either of these remedies or all may be pursued concurrently or simultaneously at the discretion of
the city.

MISCELLANEOUS PROVISIONS TAXPAYERS REMEDIES

SECTION 664. Period of Assessment and Collection. Taxes, fees or charges under this Code,
including, surcharges shall be collected within five years from the date it becomes due. No action for
the collection thereof, whether by administrative or judicial, shall be instituted after the expiration of
such period. In case of fraud or intent to evade payment of the taxes, fees or charges enumerated in
this Code, the same may be collected within ten years from the discovery of the fraud or intent to
evade payment.

The period of prescription within which to collect shall be suspended for the time during which:
(1) The City Treasurer is legally prevented in the making of the assessment or collection of the tax.
(2) The taxpayers request for the re-investigation and executes a waiver in writing before the
expiration of the period within to assess or collect; and
(3) The taxpayer is out of the country or otherwise cannot be located.

FINAL PROVISIONS

SECTION 665. Crimes, other Offenses and Forfeitures.

(1) Any person convicted of a crime penalized by this Code shall, in addition to being liable for the
payment of the tax, penalties, interests and surcharges, be subject to the penalties imposed herein:
Provided, The payment of the tax due after apprehension shall not constitute a valid defense in any
prosecution for violation of any provision of this Code or in any action for the forfeiture of untaxed
articles.
(2) Any person who willfully aids or abets in the commission of a crime penalized herein or who
causes the commission of any such offense by another, shall be liable in the same manner as the
principal.
(3) If the offender is not a citizen of the Philippines, he shall be recommended by the City Treasurer
for deportation immediately after serving the sentence without further proceedings for deportation. If
he is a public officer or employee, the maximum penalty prescribed for the offense shall be imposed
and in addition, he shall be recommended for dismissal from the public office. If the offender is a
certified public accountant, his certificate as a certified public accountant shall, upon conviction, be
automatically recommended for revocation or cancellation.
(4) In the case of association, partnership or corporations, the penalty shall be imposed on the
partner, president, general manager, branch manager, officer-in-charge, and employee responsible
for the violation.
(5) Any person who willfully attempts in any manner to evade or defeat any tax imposed under this
Code or the payment thereof shall, in addition to other penalties provided by law, upon conviction

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thereof, be fined by not more than Five Thousand Pesos or by imprisonment of not more than six
months, or both at the discretion of the Court.

SECTION 666. Failure to file Sworn Statement of Gross Income Receipt, or maintain a Book of
Accounts.
(1) Any person required under this Code who fails to file a Sworn Statement of Gross Income
Receipts, or maintains a Book of Accounts of his business and pay the tax at the time required by
law or regulations shall, be fined by not more Five Thousand or by imprisonment of not than six
months, or both at the discretion of the court.
(2) Any person who attempts to make it appear that he or another has in fact filed a Sworn
Statement of Gross Income Receipts, or actually files a statement and subsequently withdraws the
same after securing the Official Receipts from the Office of the City Treasurer shall, upon conviction
therefore, be fined by not exceeding Five thousand pesos or by imprisonment for not more than six
months, or both at the discretion at the court.

SECTION 667. Penal Liability for Making False Entries Records or Reports.

Prohibited Acts

The following acts shall constitute a violation by any Independent Public Accountant engaged in the
examination and audit of Books of Accounts of taxpayers or by any person under his direction or by
a Bookkeeper or business agent, or by any employee who:

(1) Shall willfully falsify any report or statement including exhibits statements schedules or other
forms of accountancy work which has not been verified by him personally or under his supervision or
by a member of his firm or by a member of his staff in accordance with sound auditing practices or;
(2) Shall certify financial statements of a business enterprise containing an essential misstatement of
facts or omissions in respect of the transactions and income of his client or;
(3) Shall by any person who, not being an Independent Certified Public Accountant examines and
audits books of accounts of taxpayers or offers to sign and certify financial statements without audit
or offers any taxpayers the use of accounting and bookkeeping records for local tax purposes not in
conformity with the requirements prescribed in this Code or;
(4) Shall knowingly makes any false entry or enters any false or fictitious name in the books of
accounts or records mentioned in the preceding paragraphs or keeps two or more sets of such
records or books of accounts or;
(5) Shall commit an act or omission in violation of the provisions of this Section or fails to keep the
books of accounts or records mentioned under Section 666 (1) and (2) of this Code shall, upon
conviction of each act or omission be punished by a fine of not more than Five Thousand Pesos or
by imprisonment of not more than six months or both at the discretion of the court.

SECTION 668. Failure to Present the Book of Accounts. Any person required by law or upon official
demand by the City Treasurer or his duly authorized representative who fails to produce or present
the books of accounts, records or other papers or to furnish information as required under such
books of accounts, records or other papers or fails to furnish such information, shall upon conviction
be fined by not more than Five thousand pesos or by an imprisonment of not more than six months
or both at the discretion of the court.

SECTION 669. Penal Provision. All other violations of the provisions of this Code not herein
covered by specific penalty, or of the rules and regulations promulgated under authority of this Code,
shall be punishable by a fine of not less than One thousand pesos, nor more than Five thousand or
by imprisonment of not less than on month nor more than six months, or both, at the discretion of
the court.

Article VIII
AMENDING SECTION 623 (D-1) OF THE CODE OF GENERAL ORDINANCES

SECTION 670. Administrative Provision . Section 623 (D-1) of this Code or Article 67 Section 367
(D-1) of the Revenue Code of the City of Masbate is amended and shall read as follows:

D. Ice Plant
(1) Rate of Ice:
a. Whole Ice per block Php 230.00
b. Crushed Ice per block 245.00

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 Article IX
FIXING THE RENTAL OF FARM TRACTOR OWNED BY THE CITY GOVERNMENT OF
MASBATE PROVIDING FOR THE MANAGEMENT AND UTILIZATION THEREOF

SECTION 671. Declaration of Policy. The City Government of Masbate and the Department of
Agriculture per mandate of the Agriculture and Fisheries Modernization Act of 1995 or Republic Act
8435 envisions poverty alleviation and food security. One component of the act is the utilization of
modern agricultural machineries which the City Government of Masbate had availed to modernize
farm activities and contribute to the corn production of farmer.

SECTION 672. Definition of Terms.

a. Agricultural Land- the land base upon which agriculture is practiced or land that is suited for
farming;
b. Area- the extent or measurement of a surface or piece of land;
c. Corn Cluster- refers to a contiguous land planted to a corn declared by the National Government
for a plantation type of production;
d. Disc Plow- a plow that uses a disc instead of bottom(share and mold board)
e. Farmer- a person who raises animals and plants for food or a person who owns or manages a
farm;
f. Farm Tractor- a powerful motor vehicle with a large rear wheels used chiefly on farms for hauling
equipment and trailers;
g. Fuel- any material that is burned or altered in order to obtain energy and heat or to move an
object;
h. Harrowing- breaking-up clods and lumps of soil and to provide a finer finish, a good tilt or soil
structure that is suitable for seeding and planting operations;
i. Hectare- a unit of area equal to 10,000 square meters;
j. Plowing- a large farming implement with one or more blades fixed in a frame, drawn over soil to
turn it over and cut furrows in preparation for the planting of seeds;
k. Tractor Plowing/ Harrowing Booking Order- is an application form to be used in availing the
services of tractor either for plowing or harrowing.

SECTION 673. Purpose. This ordinance is enacted for the purpose of fixing the rentals of the
services of one unit four-wheel drive Farm Tractor with trailing harrow and disc plow acquired
through a counterpart scheme with the Department of Agriculture under the Ginintuang Masaganang
Ani program.

SECTION 674. Application of its Provisions. Provisions of this Ordinance shall be enforced in all
areas declared as corn cluster covering recipient beneficiaries as well as those interested farmers
who wish to avail the services of farm tractor.

SECTION 675. Utilization of Tractor . The farm tractor shall primarily be used by the farmers in the
corn cluster who shall have the preferential treatment. Other cluster farmers covered by the City can
also avail the services.

SECTION 676. Management of the Tractor. The City Agriculture Office will directly manage the farm
tractor and shall be responsible thereto.

SECTION 677. Operator Mechanic. There shall have two operator mechanics with an experience of
at least three years in operation, maintenance and trouble shooting of tractor. Said operator
mechanics shall be hired by the City Government on contractual basis and shall be paid Php200.00
each for every hectare plowed/harrowed.

SECTION 678. Maintenance of the Tractor. The tractor mechanic operator shall ensure that the units
are secured and sheltered from the rain when not in use and shall adopt the maintenance procedure
prescribed by the manufacturer.

SECTION 679. Records and Reports. The operator and the City Agriculture Office shall maintain a
separate and detailed logbook to record the tractor operation. He shall be responsible to report
regularly its operation to the City Mayor, copy of which to be furnished to the Office of the
Sangguniang Panlungsod.

SECTION 680. Application and Availment of Tractor Services. In order to avail the services of the
tractor, the farmer-applicant shall accomplish the prescribed application form (Tractor
Plowing/Harrowing Booking Order) which contain a detailed description and nature of work at the
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City Agriculture Office, attached and made an integral part of the Ordnance as Annex “B” shall be
accomplished ten days before the requested schedule/operation activities.

SECTION 681. Tractor Service Charge. The following charges are set for the use of the equipment:
A. For every hectare:
a. Php 2,000.oo per plowing/hectare
b. Php 1,500.00 per harrowing/hectare
B. For a fraction of an area:
a. an area less than 0.5 hectare is considered 0.5 or ½ hectare or Php 1,000.00 per plowing or
Php 750.00 per harrowing;
b. an area more than 0.5 hectare but less than 1 hectare is considered 1 hectare or Php
2,000.00 per plowing or Php 1,500.00 per harrowing.

The City Government shall pay for the wages of the tractor operator and shall provide fuel and oil to
be used during the operation.

SECTION 682. Payment of the Tractor Service. The lessee shall pay the tractor rental full to the
City Treasurer’s Office upon filing the application form at the City Agriculture Office. The payment
shall be accompanied by duly accomplished

a. Tractor Plowing/Harrowing Booking Order;

b. Lease Contract;
c. Tax Declaration/ Pasture Lease Agreement of the cultivated area; and
d. Official Receipt of payment.

SECTION 683. Appropriation. The amount necessary to effectively carry out the provisions of this
ordinance shall be secured out from the rentals of the tractor operations.

CHAPTER XI
WOMEN & FAMILY

Article I
MASBATE CITY’S CHILDREN CODE

SECTION 684. Declaration of Policy and Principles. The Masbate City Government recognizes the
vital role of the youth in nation building and shall promote and protect their physical, moral, spiritual,
intellectual and social well-being. It shall inculcate in the youth patriotism and nationalism, self-
reliance and encourage their involvement in public and civic affairs.

The City Government of Masbate also recognizes that the children have rights as provided in the
United Nation Convention on the Rights of the Child and other laws.

The City Government of Masbate recognizes the importance of effectively promoting, fully enhancing
and institutionalizing the survival, development, participation and protection of rights of children
within the framework of advancing general welfare in furtherance of integrated, sustainable and
equitable development.

It believes in holistic protection and development of all children through a strong partnership
between and among government agencies, Non-Government Organizations and the private sector,
serving with the highest degree of professionalism and competence in an atmosphere of unity,
solidarity and teamwork.

SECTION 685. Purposes.

a) To ensure the protection of children from all forms of abuse and exploitation;
b) To advocate for children’s rights and promote their welfare and development;
c) To ensure that children’s rights are given priority attention both in government and civil society;
d) To improve the quality of life of children enabling them to fully participate in nation-building.

SECTION 686. All proceedings to be conducted in the Best Interest of the Children.
Proceedings before any authority should be conducted in the best interest of children. All doubts in
the implementation and interpretation of the provisions of this Code, including its implementing rules
and regulations, shall be resolves taking into consideration the best interest of the children.
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SECTION 687. Participation of Children. All proceeding before any authority shall be conducted in a
manner which allows children to participate and to express themselves freely. Participation of
children in program and policy formulation and implementations related to their concern shall be
ensured by the concerned government agency or the local government unit.

SECTION 688. Duties and Responsibilities of the City Government of Masbate. In accordance with
Section 3, paragraph 2 of Article XV of the Philippine Constitution, the City Government of Masbate
recognizes its duty to defend the right of children to assistance including proper care and nutrition
and other condition prejudicial to their development. As such, it shall:

a) Undertake all appropriate legislative, administrative and other measures for the implementation
of the rights and protection of children. As to economic, social and cultural rights, the city
government of Masbate shall undertake such measures to the maximum extent to its available
resources and where needed within the framework of national cooperation;
b) Ensure to the maximum extent possible the survival, development, protection and participation
rights of children;
c) Take all appropriate legislative, administrative, social and educational measure to protect
children from all from of physical or mental violence, injury or abuse, neglect or negligent
treatment, maltreatment or exploitation, including abuse, physical or sexual from other person/s;
d) Assure children of their rights to express themselves in all matters affecting them, particularly the
views of the child being given due weight in accordance with his or her age maturity;
e) Render assistance to parents and legal guardians in the performance of their child-rearing
responsibilities and shall ensure the development of institutions, facilities and service for the
care, protection and welfare of children.

SECTION 689. Definition of Terms.

a) “Children” refers to person below 18 years old or those over but are unable to fully take care or
protect themselves from abuse, neglect, cruelty, exploitation or discrimination because of a
physical or mental defect, disability or condition;
b) “Child Abuse” refers to the maltreatment, whether habitual or not of the child which includes any
of the following:
 Psychological and physical abuse, neglect, cruelty, sexual abuse and emotional
maltreatment;
 Any act by deeds or words which debases, degrades or demeans the intrinsic worth and
dignity of a child as human being and social institution;
 Unreasonable deprivation of the child’s basic needs for survival such as food, shelter or
clothing;
 Failure to give immediate treatment to an injured child resulting to serious impairment of
his/her growth or permanent incapacity or death;
c) “Special Concern” are circumstances witch gravely threaten or including but not limited to the
following;
 Being in a community where there is armed conflict or being affected by armed-conflict
related activities;
 Working under conditions hazardous to life, safety and morals which unduly interfere with
their social development;
 Living or fending for themselves in the streets or urban and rural areas without the care of
parents, guardians or any adult supervision;
 Being children of indigenous people and/or living under conditions of extreme poverty or in
an area which is underdeveloped or lack access to basic services needed for good quality of
life;
 Being victims of human-made or natural disaster or calamity;
 Analogous circumstances which endanger the lives, safety or social development of children.
d) “Day Care” is the provision of substitute parental care and stimulating activities for the total
development of children zero to six years old when their parents are unable to take care of them
during part of the day due work and some other situation.
e) “Day Care Center” is a facility where day care services are provided by an accredited day care
worker particularly for children in three to six year old brackets.
f) “Diversion” shall refer to an alternative child-appropriate process of determining a juvenile’s
responsibility for an alleged offense as well as in determining the measure, if any, to be
undertaken by the juvenile and other persons without resorting to formal court adjudication.
g) “Diversion Program” shall refer to programs that juveniles are required to undergo after they are
found responsible for an offense, without the child being made to undergo formal court litigation.
h) “Community reintegration programs” shall refer to the programs established for the purpose of
rehabilitation and preparing the child for reintegration into the community.
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i) “Katarungang Pambarangay” shall refer to Section 408-422 of the Local Government Code of
1991 which is commonly known as the Katarungang Pambarangay law.
j) “Specially able children,” “children with disabilities” or “children with special needs” are children
with either physical or mental infirmities whether congenital or acquired after birth.

SECTION 690. Rights of the Child.

a. Every child shall be entitled to the rights herein set without distinction as to legitimacy, sex, social
status, religion, political antecedents, and other factors.
b. Every child shall possess the following rights which are classified into survival, development,
protection and participation rights:

1. “Survival Rights” ensure the child’s inherent right to life and to the needs that are most basic to
existence, the rights to a name and to a nationality, the right to identity and those dealing with
parental and governmental duties and obligations, adequate and decent standard of living,
access to basic health care medical service, social security, and rehabilitation.
The following are the survival rights.
a. Every child has the right to be born well, endowed with the dignity and worth of a human being
from the moment of his o her conception;
b. Every child has the right to a wholesome family life that will provide him or her with love, care,
and understanding, guidance and counseling, and moral material security. The dependent or
abandoned child be provided with the nearest substitute of a home;
c. Every child has the right to a balance diet, adequate, sufficient shelter, proper medical attention,
and all the physical requirements of a healthy and vigorous life.

2. “Development rights” refer to the rights of a child to education to develop her or his personality,
talents and mental and physical abilities to the fullest extent. These also include participation in
cultural activates, access to appropriate and relevant information, and opportunities for rest, play
and leisure. The following are the development rights:
a) Every child has the right to a well-rounded development of her or his personality to the end that
she or he may become a happy, useful and active member of society specifically:
a. The gifted child shall be given the opportunity and encouragement to develop her or is
special talent;
b. The emotionally disturbed or socially maladjusted child shall be treated with sympathy and
understanding, and shall be entitled to treatment and competent care;
c. The physically or mentally disable child shall be given treatment, education and care
required by her or his particular condition;
b) Every child has the right to be brought up in an atmosphere of morality and rectitude for the
enrichment and the strengthening of her of his character;
c) Every child has the right to grow up as a free individual in an atmosphere of peace,
understanding, tolerance, and universal sisterhood/brotherhood, and with the determination to
contribute her or his share in the building of a better word;
d) Every child has the right to education. Primary education must be compulsory and higher
education must be available and accessible to all on the basis of capacity by every appropriate
means. The education of the child shall be directed to:
a. The development of the child’s personality, talents and mental and physical abilities to the
fullest extent;
b. The preparation of the child for responsible adult life in a free society;
c. The development of respect for the child’s parents, her or his cultural identity, language
and values, and the cultural background and values of others;
d. The development of respect for the natural environment;
e) Every child has the right to full opportunities for safe and wholesome recreation and activities,
individual as well as social, for the wholesome use of her or his leisure hours;
f) Every child has the right to live in a community and a society that can offer her or him an
environment free from pernicious influences and conductive to the promotion of her or his health
and the cultivation of her or his desirable traits and attributes.

3. ”Protection rights” cover those rights protecting the child from all forms of abuses and
discrimination such as protection from cruelty, torture ,arbitrary detention, separation from family,
abuses in the justice and penal system, involvement in armed conflict, child labor, drug abuse,
sexual abuse, and exploitation.

4. “Participation rights” refer to the child`s rights to participate in matters that affect him or her most
by providing all appropriate venues where he or she can express his or her opinions freely and to
have these opinions taken into account, involvement in decision-making and consultative
process, freedom of association and peaceful assembly.
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 The following are the participation rights:
a. Every child has the right to be provided the opportunity to be heard in any judicial and
administrative proceedings affecting him or her, either directly or through a representative or
an appropriate body, in a manner consistent with the procedural rules of national law;
b. Every child has the right to freedom of thought, conscience and religion, subject to
appropriate parental guidance;
c. Every child has the right to freedom of statement. This right shall include freedom to seek,
receive and impart information and ideas of all kinds;
d. Every child has the right to express his or her opinions freely and to have these opinions
taken into account in any matter or procedure affecting him or her;
e. Every child has a right to privacy and shall be protected against unlawful interference with
such privacy, family, home or correspondence, and to unlawful attacks against his or her
honor and reputation.

SECTION 691. Responsibilities of the Child. Every child, regardless of the circumstances of birth,
sex, religion, social status, political antecedents and other factor shall:
a) Strive to lead an upright and virtuous life in accordance with the tenets of his or her religion, the
teaching of his or her eldest and mentors, and the bidding of a clean conscience;
b) Love, respect and obey his or her parents, and cooperate with them in the strengthen of the
family;
c) Extend to his or her brother and sisters love, thoughtfulness, and helpfulness, and endeavor
with them to keep the family and harmonious and united;
d) Exert his or her utmost to develop his or her potentialities for service, particularly by undergoing
a formal education suited to his or her abilities, in order that he or she may become an asset to
himself or herself and to society;
e) Respect not only his or her elders but also the customs and traditions of his or her people, the
memory of his or her people heroes, the duly constituted authorities, the laws of the country, and
the principles of democracy,
f) Actively in participate in civic affairs and in the promotion of the general welfare, recognizing that
it is the children or youth who will eventually be called upon to discharge the responsibility of
leadership in shaping the nation’s future; and
g) Help in the observance of individual human rights, the strengthening of freedom everywhere, the
fostering of cooperation among nations in the pursuit of their common aspiration for unity and
prosperity, and the furtherance of world peace.

SECTION 692. The Family. The family is the central unit responsible for the primary socialization of
children which is important in the prevention of children’s rights violation. Governmental and social
efforts to preserve the integrity of the family, including the extended family, should be pursued.

SECTION 693. Primary Right of Parents. The family has the primary responsibility of nurturing and
protecting children from infancy to adolescence. Introduction of children to the culture, values and
norms of their society shall begin in the family. The parents shall have the right to the company of
their children and, in relation to all other persons or institutions dealing with children’s development,
the primary right and obligation to provide for their upbringing.

SECTION 694. Right Under the Family Code. Parents shall continue to exercise the rights motioned
in Articles 209 to 237 of the Family Code over the person and property of their children.

SECTION 695. Right to Discipline Children. Parents have the right to discipline their children as
may be necessary for the formation of their good character, provided it does not fall under the
prohibited acts mentioned in this Code. Parents may require from their children obedience to just
and reasonable rules, suggestions and admonitions.
SECTION 696. General Duties of Parents. Parents shall have the following general duties toward
their children:
a. To give them affection, companionship and understanding;
b. To extend to them the benefits of moral guidance, self-discipline and religious instruction;
c. To supervise their activities, including their recreation;
d. To inculcate in them the value of industry, thrift and self-reliance;
e. To stimulate their interest in civic affairs, teach them the duties of citizenship, and develop their
commitment to their country;
f. To advice them properly on any matter affecting their development and well- being;
g. To always set a good example;
h. To provide them with adequate support, as defined in article 194 of the Family Code; and,

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i. To administer their property, if any, according to their best interest, subject to the provisions of
article 225 to 227 0f the Family Code.

SECTION 697. Separation of Children from their Families. Every effort shall be made to prevent the
separation of children from their families. Whenever children are separated from their families owing
to force majeure or in their own best interest, arrangements shall be made for appropriate alternative
family care or institutional placement, due regard being paid to the desirability of continuity in
children’s upbringing in their own cultural milieu.

Extended Families, relatives and community institutions shall be given support to help meet the
special need of orphaned, displaced and abandoned children. Efforts must be made to ensure that
no child is treated as an outcast of society.

SECTION 698. Role of Women. Women in their various roles play a critical role in the well being of
children. Efforts for their enhancement of women’s status and their roles in the development must
begin with girl- children. The enhancement of the status of women and their equal access to
education, training, credit reproductive health, and other extension services constitute a valuable
contribution to a nation’s social and economic development.

To achieve that and to prepare women for their various roles, equal opportunity shall be provided for
the girl children for them to benefit from the health, nutrition, education and basic services for their
fell growth.

SECTION 699. Role of Father. Fathers play a vital role in their children’s lives. Policies and
legislation shall be enacted and programs shall be designed and implemented for the inclusion of
their critical role. Fathers shall be equally responsible in the rearing and nurturing of the children in
the home and be their role models. Equal opportunity shall be provided the boy children for them to
benefit from health, nutrition, education and other basic services for their full growth.

SECTION 700. Role of Educational Institutions. Educational institutions shall work together with
parents, community organizations and agencies concerned with the activities of children and
youth. Educational institutions shall incorporate into their curriculum a subject on the rights and
responsibilities of children, subject to guidelines set by the Department of Educational and the
Commission on higher education.

SECTION 701. Role of the Mass Media. The mass media shall be aware of their extensive social
responsibility, as well as their influence, in communications relating to children. They should use
their power to protect the rights of children by relaying consistent messages through a balanced
approach. Special attention should be given to effective anti-drug awareness campaigns and
delinquency prevention.

SECTION 702. Role of Judicial Institutions. In the administration of justice, courts, prosecutors and
other actors shall ensure that the rights of children are protected and promoted at all times. They
shall conduct programs and activities geared towards enhancing children’s rights.

SECTION 703. Role of Local Government Units. The local government units shall come up with
comprehensive programs for children and allocate appropriate budgets for their implementation. The
four gifts of children namely Local Development Plan for Children, Annual Investment Plan, Children
Code and the State of the Children Report must be in place in every local government unit.

SECTION 704. Role of the Local Council for the Protection of Children. These councils shall, in
addition to their existing duties and functions, coordinate with and assist their corresponding local
government unit in coming up with comprehensive programs for their children and be the primary
body to oversee the implementation of such programs.

SECTION 705. Role of the Sangguniang Kabataan The Sangguniang Kabataan as established
under the Local Government Code shall, in addition to its power and functions, actively involve itself
in the formulation and implementation of prevention and protection programs in the community. It
shall coordinate with the local councils for the welfare of children for this purpose. It is encouraged
that the Sangguniang Kabataan shall devote at least 50% of its annual budget to development,
promotion and protection programs for the youth and children.

A. Comprehensive Program for Children

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SECTION 706. Comprehensive Programs for Children. The city within one year from the affectivity
of this Code and every three years thereafter, formulate a comprehensive program for the children
covering at least a three-year period. Such program shall include prevention, protection as well as
rehabilitation programs for children, and shall emphasize prevention of children’s rights violations to
include prevention child abuse, juvenile delinquency, drug addiction, and other children’s problems.

SECTION 707. The Community Approach. The community approach shall be given special
attention in the comprehensive program for children. This involves addressing community- wide
issues and improving the overall environment of the neighborhood in order to prevent violations of
children’s rights through mobilization of human resources within the community. Volunteerism
among members of the community to assist in the implementation of the programs shall be
encouraged. Community-based services and programs which respond to the special needs;
problems, interest and concerns of young persons and which offer appropriate counseling and
guidance to children and their families should be developed, or strengthened where they exist.

SECTION 708. Process in Formulating Comprehensive Children’s Programs. The process in coming
up with Comprehensive Children’s Program shall be participatory and consultative. The local
government unit in coordination with the local council for the welfare of children, shall on all sectors
concerned, particularly child-focused institutions, non-government organizations, people’s
organization, youth organizations, children’s council, educational institution and government
agencies involved with children’s concerns like the Department of Social Welfare and Development,
Department of Health, and the Department of Education to participate in the planning process. The
local government unit should see to it that the children and youth themselves participate in the
formulation, development and implementation of these programs, particularly in the identification of
needs.

SECTION 709. Periodic Review and Assessment of the Comprehensive Children’s Program. The
Comprehensive Children’s Program shall be reviewed and assessed yearly by the Local
Government Units in coordination with the local councils for the welfare of children. The programs
shall be reviewed by the Provincial Council for the welfare of Children as to their affectivity in
preventing children’s rights violation based on the indicators identified in the program. The program
may be modified accordingly.

B. Programs to Prevent Children’s Rights Violations

SECTION 710. Prevention Programs. Prevention programs shall be an important component of the
Comprehensive Children’s Programs to be implemented by the local government units through the
local councils for the welfare of children, schools, youth organizations and other concerned
agencies. These programs shall consist of three levels:
a. Primary prevention – general measures to promote social justice and equal opportunity which
tackle perceived root causes of children’s rights violations such as poverty and other forms of
marginalization.
b. Secondary prevention – measures to assist children who are identification as being more
particularly at risk such as those whose parents are themselves in special difficulty or are not
caring appropriately for them;
c. Tertiary prevention – schemes to avoid and prevent children’s right violation from happening
again.
In all three levels of prevention, official intervention should be pursued primarily in the overall interest
of the young person and guided by fairness and equity.

C. Other Proactive Programs

1. Parenting Orientation Courses

SECTION 711. Parenting Orientation Courses. Parenting Orientation Courses shall be integrated
into the curriculum of all high schools in the City of Masbate subject to the Department of Education
rules and regulations.
a. Marriage license applicants shall be required to participate in a Parent Effectiveness Service with
gender and child sensitivity, among other requirements, prior to the issuance of a marriage
license by the Office of the Local Civil Registrar. This course become an integral part of Pre-
Marriage Counseling Service. The Provincial Council for the Protection of Children in close
coordination with the Provincial Health Office and the Local Civil Registrar shall update the
design of the pre-marriage counseling service in consonance with this Ordinance.
b. As a follow-up to the Parent Effectiveness Service I, parents/guardians shall also be required to
participate in a Parent Effectiveness Service II, during the school year a child is enrolled in either
a day center or a private pre-school center in Masbate City.
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c. Such course may also be incorporated in Parent-Teacher Association activities for the school
year in the elementary and high school levels. Implementing guidelines for this provision shall be
formulated by the City Council for the Protection of Children in coordination with the Office of the
Civil Registrar within one year from the effectively of this Code. The City Council for the
Protection of Children and the Office of the City Social Welfare and Development shall initiate the
designing of modules for these courses in close coordination with Non-Government
Organizations with child-focused program.

2. Health Care

SECTION 712. Primary Health Care. The city government of Masbate shall implement primary
health care and nutrition programs for children in coordination with the City Health Office and the
Office of the City Social Welfare and Development.

SECTION 713. Promotion of Primary Health Care Programs. The barangay health centers shall
implement the primary health care program. Each barangay health center shall designate a
barangay child health officer to monitor children’s health in the barangay level, with a salary
commensurate to the task assigned. To further ensure the implementation of this Section, the city
government of Masbate shall take appropriate measures:
a. To combat disease and malnutrition within the framework of primary health care through, inter
alia, application of readily available technology and through the provision of adequate nutritious
foods and clean drinking water, taking into consideration the dangers and risk of environmental
pollution;
b. To establish a comprehensive Parents Orientation Development Program which includes
gender-responsive courses on reproductive health, child health and child-rearing practices in the
context of the Filipino psychology;
c. To monitor the full implementation of the Milk Code of the Philippines and advocate for the
prosecution of milk firms which violate such code;
d. To conduct massive information and education on breast-feeding, utilizing existing reference
materials for effective breast-feeding education program. Integrating information on breast-
feeding shall be an integral part of all school curriculums; and
e. To conduct massive information on the Asin law and monitor its implementation.

SECTION 714. Child and Gender Sensitivity Training for Health Workers. All city and barangay
health workers shall be required to attend training courses on the child and gender sensitivity to be
conducted by organizations duly accredited by the City Council for the welfare of children.

SECTION 715. Child Friendly Hospitals in Masbate City. All hospitals in the City of Masbate shall set
up child–friendly units to include rooming-in facilities and pediatric-appropriate mechanism and
gadgets. They shall also not deny husbands/partners inside the delivery room during delivery of their
wives/partners.

SECTION 716. Program for Children with Special Needs. The City government of Masbate shall
make a periodic child-focused and child-specific comprehensive survey on children with disabilities
in the city as basis for a more systematic coordination of services (health, nutrition and education)
for children with special needs.

SECTION 717. Educators’ and Health Professionals’ Training for the Special Program on Children
with Special Needs. A training program for educators and health professionals handling children with
disabilities and special needs including children needing special protection shall form part of the
priority of the City Government of Masbate.

a. Under Six Programs and Establishment of Day Care Centers

SECTION 718. Under Six Program Framework. The City Government of Masbate shall ensure to
the maximum extent possible the survival and development of the child. The program on survival
and development shall include the following:
a. Monitoring of registration of births and the completion of the immunization series for prevention
of tuberculosis, diphtheria, pertussis, tetanus, measles, poliomyelitis, and such other diseases for
which vaccines have been developed for administration to children up to six years of age;
b. The barangay officials and their barangay- level support systems, may call upon law
enforcement agencies when there is an abused, neglected and exploited child who need to be
rescued form an unbearable home or community situation.

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c. A Reproductive Health Care Center for pregnant mothers for natal and neonatal care and, in the
proper case, for delivery of the infant under conditions which will eliminate or minimize risks to
mother and child: provided, that high-risk mother shall be referred to the proper tertiary or
secondary care service personnel or facility and children who are at risk from any condition or
illness will be brought thereto for care: Provided further, that helots (traditional birth attendant)
and barangay health workers are provided the needed basic training for normal delivery and are
trained to recognize high-risk pregnancies which should be referred to competent obstetrical and
pediatric medical care;
d. A barangay level network of assistance from among the adults of the community for the total
development and protection of children;
e. Unstructured combined with structured learning exercises for children under early childhood
education shall be instituted in the day care centers respecting the participation rights of the
child;
f. A pool of trained day care or child development workers with an upgraded salary scheme
commensurate to the tasks assigned to them.

SECTION 719. Population–Based Day Care Center Setting Up. Pursuant to Republic Act 6972 or
the barangay–level Total Development and Protection of Children Act, day care centers shall be set
up in every barangay in the city of Masbate. The number of such centers shall depend on the
population level of the children and how depressed the barangay is as determined by the City
Councils for the Protection of Children in coordination with their City Social Welfare Office.

SECTION 720. Importance of Day Care Service. – Day care service addresses the needs in the
crucial stages of a child’s growth. By the age of five, a child’s brain has already grown to 90% of its
adult weight and much of the way he envision and interacts with the word has been shaped. Thus,
the child’s formative years and the care that he gets during this period would significantly affect his
learning capacity, personal and social interaction well into adulthood. While parents have the primary
responsibility to provide for their children’s physical, emotional, psychology, mental and social
needs, day care service aims to supplement the inability of some parents to provide their children
with the proper care and home environment.

Specifically the Day Care Center aims to help the child:

a. Became physically fit through proper care and nutrition;
b. Develop self- confidence, self-statement and self-discipline;
c. Relate well with others.
d. Developmental, intellectual, verbal and psychomotor skills;
e. Develop strong spiritual, socio-cultural and nationalistic values as well as positive attitudes
towards the family, community and society in general;
f. Be protected from all forms of neglect, abuse cruelty and exploitation.

SECTION 721. Setting Up of Day Care Centers by Community-Based Organizations. Community-

based organizations can help mobilize resources to complement the efforts of Local Government
Units in establishing day care centers in their communities. In this way, more children needing
attention can be reached.

SECTION 722. Day Care Worker and Support Group. The local government unit/barangay shall pay
for the day care workers allowance and salary. The Department of Social Welfare Development shall
provide continuing technical assistance to the center.
a. A community Volunteer Parents Group shall be organized to be an effective support group to the
center. The volunteer group shall help mobilize resources for the improvement of the center,
acquisition of more learning materials and play equipment, and other support activities.

b. Recreational and Cultural Programs

SECTION 723. Barangay–Level Recreational and Cultural Facilities and Program. A barangay level
program for the revival of indigenous games and recreation shall be installed. Research and
documentation of indigenous games and pastimes shall be undertaken by the Masbate City Council
for Culture and Arts. A year – round cultural program appropriate for different age groups shall be
designed with due respect to cultural diversity. Indigenous games shall be encouraged in various
athletic and sports programs of the local government units. Children’s playgrounds must also be
established in every barangay.

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SECTION 724. Local Children’s Literature. In support of the thrust for the socio-cultural development
of children in the City of Masbate, local government unit’s shall invest in the promotion and
production of local literature for children and other relevant educational materials.

SECTION 725. Other Child-friendly Facilities. Local government units in partnership with non-
government organizations and civic organizations are also encouraged to put up and maintain other
child-friendly facilities such as but not limited to libraries, museums, parks and playgrounds.

c. Children’s Month and Children’s Day Celebration

SECTION 726. October as Children’s Month. In keeping with the mandate of Presidential
Proclamation No. 267 signed on September 30, 1993 declaring the month of October as National
children’s month, the local council for the protection of children shall conduct child-focused activities
for the month promoting the rights and responsibilities of Filipino children as well as obligation of the
people and institutions responsible in ensuring the well-being of Filipino children.

SECTION 727. October 17 of Every Year, as National Children’s Day. Pursuant to Presidential
Proclamation No. 74 dated October 16, 1992 declaring the 17 th day of October every year as
National Children’s Day to honor Filipino Children and to emphasize the importance of their role
within the family and within society. The Local Councils for the Welfare of Children are mandated to
observe Children’s Day with activities highlighting the rights, roles and responsibilities of children.

D. Crisis intervention program.

SECTION 728. Establishment and Rationale of the Crisis Intervention Center. In recognition of the
special need for protection, assistance and development of children in consonance with the spirit
and letter of Constitutions Provisions and Republics Act No. 7610 mandating the protection against
child abuse, exploitations and discriminations and likewise Republic Act 8505 mandating the
establishment of a crisis center in every province and city authorizing the appropriation of funds
therefore, a crisis intervention center shall be established in the City of Masbate. Services of the
center shall not be limited to abused children but shall equally cater to the other vulnerable sectors
of society particularly women.

SECTION 729. Objectives of the Crisis Intervention Center.

a. To provide temporary shelter and basic services to abused children and women;
b. To network with non-government agencies for the provision of the needed medical, psycho-
social and legal services necessary in restoring/building the self-esteem of its clients;
c. To encourage and build the capacities of abused children and women to come into the open and
pursue cases in court whenever they are ready;
d. To provide life skills and livelihood training to abused children and women while in the center as
a form of therapy and to enable them to become productive;
e. To provide livelihood assistance and placement to abused children and women who are ready to
be reintegrated with their families and communities;
f. To conduct a city-wide education and advocacy program aimed at raising public awareness on
the evils of child abuse and domestic violence; and massive information dissemination on the
rights of children and women;
g. To link up with provincial, city and local government entities mandated to formulate and enforce
legislations aimed at the protection of children and women for policy reforms and enforcement of
laws.

SECTION 730. Organizational Structure, Management and Operations of the Center.

a. The City Council for the Protection of Children will formulate the organizational structure of the
center depending on the need for its service;
b. The member agencies of the City Council for the Welfare of Children and other national
agencies and Non-Government Organizations which have pledged support for the center will
sing a Memorandum of Agreement for their commitment of service and or resources to ensure
the sustainability of the center’s services;
c. The center will be under the supervision of the Office of the City Social Welfare and
Development;
d. The Office of the City Social Welfare and Development and the City Council for the Welfare
Children, in coordination with Local Government Units concerned, shall issue the necessary
rules, policies, regulation and guidelines for the effective implementation of the programs of the
center.

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SECTION 731. Budget Allocation for the Crisis Intervention Center Operations and Maintenance.
The City Government of Masbate shall provide support for the construction of, maintenance and
continued operations of the crisis intervention center by appropriating specific funds which shall form
part of the office of the City Social Welfare and Development annual appropriation.

SECTION 732. Prohibited Acts. All acts defined and penalized under Republic Acts 7610 on Child
Abuse and Exploitation, Republic Act 7658 on child labor and other pertinent laws, the following acts
shall likewise be punishable.
a. Illegal Recruitment – Any person who recruits other persons for work shall be required to register
with and secure a permit from the office of the Barangay Captain in place of recruitment with an
undertaking not to recruit children.

There is presumption of illegal trafficking when a person is found together with three or more
minors not his/ her relatives at the pier or port of exit for the purpose of transporting the minors to
another place without any permit from the Barangay Captain.
b. Peonage of children – Offering a child or the service of a child as payment for a debt or in
exchange for a favor, such as or limited to:
1) Working in agricultural industries like rice and corn plantations or farms
2) Working as house helpers.
c. Pre-arrangement for Marriage- Pre-arrangement [buya] made by parents or guardians to many of
their children or wards. One manifestation of pre-arrangement may be when two families meet to
seriously talk about the marriage of their children to each other;
d. Using Girls as Commodities in Benefit Dances-Organizers of benefit dances, persons facilitating
or anchoring such benefit dances shall be penalized under this section if they shall use children
as dancing partners for payment or fee to the organizers;
e. Discrimination of girl children- Discrimination of girl children by prohibiting and depriving them of
formal education.
f. Discrimination of Illegitimate Children- For schools to discriminate illegitimate children as follows
but not limited to the following:
1. Refusal to accept enrolment of illegitimate children in the school by reason of one’s
illegitimacy;
2. Requiring the marriage contact of parents as a requirement for enrolment of the child.
g. Expulsion by Reason of Pregnancy – for school to impose a penalty against a child who has
complied with all academic requirements by reason of pregnancy. Schools may impose any
other penalty which shall be made applicable to both the pregnant girl and her partner if he is
also enrolled in the same school;
h. Refusal to Graduate by Reason of Pregnancy – for schools to refuse to graduate a child who has
complied or is willing to comply with all academic requirements by reason of pregnancy;
i. Refusal to issue Clearances by reason of Pregnancy – for schools to refuse to issue clearances
to a child by reason of pregnancy;
j. Physical and Degrading Forms of Punishments – Subjecting the child to physical and degrading
forms of punishments such as, but not limited to the following:
1. Ordering or directing a child to kneel on salt;
2. Placing inside a sack and/or hanging him or her;
3. Shaving the head of a child;
4. Harsh whipping of the child with the tail of a stingray [pagi], stick, belt and other similar
object;
5. Stripping the child of his/her clothes;
6. Locking up the child In a cabinet or aparador or any closed structure;
7. Trying up the child or detaining him/her;
8. Throwing objects such as but not limited to erasers, chalk and notebooks;
9. Pulling the hair of the child;
10. Making the child stand under the heat of the sun
11. Exposing the child to be beaten by ants.
k. Pushing/Enticing minors to Live-in Arrangements-It shall be unlawful for parents to entice,
encourage and/or push their children to live together with any person as husband and wife in
exchange for money or any other consideration;
l. Sexual exploitation of Minors- Sexual exploitation of children by any person, foreigner or
otherwise shall be prohibited. Consorting with children not related by affinity or consanguinity,
with public display of lascivious conduct shall be considered prima facie evidence of sexual
exploitation;
m. Entry, Selling and Distribution of Pornographic Materials – the local council for the welfare of
children/local law enforcers shall monitor and prevent the entry of pornographic materials. It shall
be unlawful for any person to sell and distribute such materials;

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n. Selling Liquor, Cigarettes, Rugby and Other Addictive Substance to a Child – It shall be unlawful
for any person to liquor, cigarettes, rugby or any addicting place substance to a child;
o. Smoking in Enclosed places and Public Conveyances – Smoking in any enclosed place or public
conveyance shall be prohibited.

The above acts which are likewise punishable in Republic Act 7610 or the Child Abuse Act, Republic
Act 7658 on Child Labor, the Revised Penal Code, or other pertinent national laws shall be
penalized there under. Acts or omission not falling under said laws shall be penalized by
imprisonment of one year and fine of not more than One Thousand Pesos.

SECTION 733. Rights of a Juvenile. Pursuant to the United Nations Convention on the Rights of the
Child, every child alleged or accused of having infringed the law has at least the following
guarantees:
a. To be presumed innocent until proven guilty according to law;
b. To be informed promptly and directly of the charges against him or her, if appropriate, through
his or her parents or legal guardians and to have legal or other appropriate assistance in the
preparation and presentation of his/her defense;
c. To have the matter determine without delay by a competent, independent and impartial authority
or judicial body in a fair hearing according to law, in the presence of legal or other appropriate
assistance, and unless it is considered not to be in the best interest of the child, in particular,
taking into account his/her age or situation, his/her parents or legal guardians;
d. Not to be compelled to give testimony or to confess guilt; to examine adverse witness and to
obtain the participation of and examine of the witness on his/her behalf under conditions of
equality;
e. If considered to have infringed the penal law, to have the decision and any measure imposed in
consequence thereof reviewed by a higher competent ,independent, and impartial authority or
judicial body according to the law;
f. To have the free assistance of an interpreter if the child cannot understand or speak the
language used;
g. To have his/her privacy respected in all stages of the proceedings.

SECTION 734. System of Diversion. A system of diversion is hereby established wherein the
juveniles shall as much as possible be referred to alternative measures without undergoing court
proceedings. Diversion shall apply to a child or youth as defined in section ___of this code and
subject to condition hereinafter provided.

SECTION 735. Levels of Diversion. Diversion shall be conducted at the barangay and police levels.
The Lupong Tagapamayapa and the Children and Women’s Desks are the authorities to conduct
diversion proceedings.

SECTION 736. Duty to Inform Child of his Offense. The component authorities are duty-bound to
explain to the minor in a language known and understood by him the consequences of his acts
and/or omission. The minor’s responsibility for the commission of any felony shall be explained to
him with a view towards counseling and rehabilitating him and avoiding his contact with the criminal
justice system and indemnifying the victim/s if there be any.

SECTION 737. Indigenous Modes of Diversion. Indigenous modes of conflict resolution in harmony
with international and national human rights standards shall be resorted to and encouraged. The
minors and his family’s active participation in efforts towards conflict resolution shall be optimized.
The family shall be held answerable as well as exercise parental care and supervision over the
person of the minor.

SECTION 738. Termination of Case. If the competent authorities determine that the child did not
commit the offense charge, the case shall be terminated and a decision to that effect shall be written
and explained to both parties.

SECTION 739. Confession or Admission of Offense. If the child voluntarily admits or confesses to
the commission of the offense charges, the competent authorities shall decide on the diversion
programs to be undertaken by the child. Any admission or confession by the child shall be signed by
the child and countersigned by the parents or legal guardian and any of the following in order: Local
Social Welfare and Development Officer, the nearest relative, member of the child-focused group,
religious group or a member of Barangay Council for the Protection of Children concerned. Parties
who countersigned shall see to it that the admission/confession is voluntarily executed. If the child
does not admit nor confess the commission of the offense and the weight of the evidence presented
shows that the child conclusively committed the offense, the competent authorities shall endeavor
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the child to realize his responsibility and obligation arising from the commission of the offense as
well as the penalties imposed therefore. During any stage of the diversion proceedings, any
admission or confession of a child for an offense shall be inadmissible as evidence against the child
any proceeding.

SECTION 740. Prohibition Against Labeling. In all conduct of the proceeding beginning from the
initial contact of the child, the competent authorities must refrain from branding or labeling minors as
young criminals, juvenile delinquents, prostitutes, snatchers, or rugby boys or attaching to them in
any manners any other derogatory names. Likewise, no discriminatory remarks and practices shall
be allowed particularly with respect to the minor’s class or ethnic origins. Officers violating this
provision shall be administratively liable.

SECTION 741. Prohibition Acts against Children Conflict with the Law. Any and all acts and
practices which are prejudicial and detrimental to the psychological, emotional, social, moral and
physical health and well-being of the minor shall be prohibited.
a. Authorities shall refrain from employing threats of whatever kind and nature and or abusive
coercive and punitive measures in dealing with minors. Such practice, whether committed
directly or indirectly by persons in authority, their representatives, or any other persons acting
under them or in their behalf-such as cursing, beating, stripping and detaining minors in cells
shall be dealt with administratively and criminally.
b. Likewise, degrading, inhuman and cruel forms of punishment such as shaving the head of the
minor, pouring irritating, corrosive or harmful substances over their bodies or forcing them to
walk around the community wearing signs which embarrass, humiliate and degrade their person
hood and dignity and which harm them psychologically, emotionally, spiritually, morally and
physically shall be prohibited;
c. No minors shall likewise be made subject to involuntary servitude in any and all forms under any
and all instances by their arresting officers and/or custodians. Designating and/or compelling
minors to act and serve as errand boys/girls, cleaners or helpers are also prohibited.
Any violation shall be penalized with one year imprisonment and a fine of not more than One
Thousand pesos. However, if these violations are likewise penalized in any national law, the penalty
imposed in such law shall be followed.

Section 742. Diversion Programs. When Proper, where the parties and/or the competent authorities
decide that the child must undergo a diversion program, such a continuing program for the
rehabilitation and reintegration of the child shall be formulated with the cooperation of the
complainant and the child.

Section 743. Factors in Determining Diversion Programs. In determining whether diversion is

appropriate and desirable, the following factors shall be taken into consideration:
a. The nature and circumstances of the offense charged;
b. The frequency and severity of its occurrences;
c. The character and reputation of the child;
d. The circumstances of the accused child [e.g. age, maturity, intelligence, etc.];
e. The influence of the family and environment on the growth of the child;
f. The emotional relief of the victim;
g. The weight of the evidence against the child;
h. The safety of the community.

Section 744. Criteria for Formulating Diversion Programs. In formulating a diversion program, the
individual characteristics and the peculiar circumstances of the child shall be used to formulate an
individualized treatment. The following factors shall be considered in formulating a diversion program
for the child:
a. The child’s feelings of remorse for the offense he or she committed;
b. The parents’ or legal guardians’ ability to guide and supervise the child’
c. The victim’s views about the propriety of the measures to be imposed;
d. The availability of community-based programs for rehabilitation and re-integration of the child.

Section 745. Diversion Programs. The diversion program shall include adequate socio-cultural and
psychological responses and services for the child. Diversion programs can include but not limited to
the following:
a) Written or oral reprimand or citation;
b) Restitution of property;
c) Reparation of the damage caused;
d) Indemnification of consequential damages;
e) Fine;
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f) Payment of the cost of the proceedings;
g) Written or oral apology;
h) Guidance and supervision orders;
i) Training, seminars, lectures on 1.] anger management skills b.] problem solving and/or conflict
resolution skills c.] values formation d.] other skills which will aid the child to deal with situations
leading to re-offending;
j) Community-based programs available in the community;
k) Institutional care and custody;
l) Alternative Parental care of Foster Parenting;
m) Separate detention cell for children in conflict with the law.

SECTION 746. Criteria for Community-Based Programs. The City of Masbate shall establish
programs, through the local government units, that will focus on the rehabilitation and re-integration
of the child. All programs shall meet the following criteria:
a. Purpose shall be the rehabilitation and re-integration of the child;
b. Referral to such programs shall need the consent of the child and the parents or legal guardians;
c. The participation of other child-centered agencies, religious, civic and other organization will be
allowed.

SECTION 747. Community Re-integration Program. Community re-integration programs shall

consist of but not limited to the following:
a. Community service.
b. Membership in civic and/or religious organizations.

SECTION 748. Conditions for Diversions Program. In all cases where a child is required to undergo
a diversion program, the following conditions shall be mandatory:
a. A contract of diversion containing the diversion program to be undergone by child shall be signed
by the authority concerned and the child;
b. The child shall present himself/herself to the competent authorities that imposed the diversion
program at least once a month for reporting and evaluation of the effectiveness of the program;
c. The child shall cooperate and faithfully comply with the conditions in the contract;
d. The child and other permit the competent authorities and/or the local social welfare and
development officer to visit the child’s home;
e. The child and other parties concerned shall satisfy other conditions related to the diversion
program as long as such conditions are not contrary to law, morals and good customs. Such
other conditions shall be considered void and shall not affect the conditions that are validly
agreed upon and written in the contract of diversion.

SECTION 749. Applicability of the Katarunngang Pambarangay. The Katarungang Pambarangay

Law shall be applied as part of the diversion process for offenses punishable by imprisonment not
exceeding one month or a fine not exceeding One Thousand Pesos.

SECTION 750. Training of the Lupong Tagapamayapa. In addition to the requirement provided in
Section 399 of the Local Government Code, the members constituting the Lupon shall be provided
with regular training by the local government unit concerned, in cooperation with local social welfare
and development officer and non-government organizations specializing in children, which trainings
shall include among others, conflict management, mediation skills, para-legal seminars on law and
children and child psychology.

SECTION 751. Assistance of Child Parents. Any agreement resulting in barangay conciliation also
be signed by the child in the following order with the assistance of the parents, legal guardian, local
social welfare development officer, a relative, a member of a child-focused group, a member of the
Barangay Council for the Protection of Children. otherwise such document shall be null and void.

SECTION 752. Referral to Diversion Program. In the process of conciliation, the Lupon or Pangkat
as the case may be shall encourage the inclusion of community service program or other forms of
diversion to be included in the settlement.

SECTION 753. Designation of Officer or Unit to Handle Cases of Youth Offenders. The Philippine
National Police shall designate a Children and Youth Relations Officer or Unit to handle cases
involving youth offenders. This may be integrated with the present Women and Children’s Desk or
may be a separate unit, depending on the conditions of the area.

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SECTION 754. Procedure before the Children and Youth Relations Unit. Cases involving juveniles
shall be referred to the Children and Youth Relations Officer or Unit which shall conduct an initial
inquiry in accordance with the procedure for judicial proceeding and custody outlined in Section 25
of Republic Act 7610 or the Child Abuse Act,.

SECTION 755. Duty of the Children and Youth Relations Unit. After the initial inquiry, if the offense
does not fall under the Katarungang Pambarangay as provided for under Section 55, the Children
and Youth Relations Officer or Unit shall conduct further investigation of the child pursuant to
Section 25 of Republic Act 7610 or the Child Abuse Act, otherwise it shall refer the case to the
barangay.

SECTION 756. Manner of Investigation of a Juvenile. A child shall only be investigated or his
statement secured in the presence of any of the following [in order] the parents, legal guardian,
nearest relative, a member of a child focused group, a member of Barangay Council for the
Protection of Children, or the local social welfare development officer and his counsel. In their
presence, the child shall be informed of his constitutional rights to remain silent and to competent
and independent counsel of his own choice in a language that is clearly understood by the child, the
parents or guardians.

If the child cannot be represented by a counsel of his own choice, the Children and Youth Relations
Officer or Unit shall contact a member of the Public Attorney’s Office to assist the child. Any
confessions or admissions in violation of these rights are inadmissible as evidence against the child.
In no case shall deceit, false promises, intimidation or harassment be employed against the child.
Respect for the human rights of the child as provided by both international and Philippine Laws, shall
be of paramount consideration during the custodial investigation.

SECTION 757. Diversion, When Proper. Where there is no private offended party, or when the
offended party and the child give consent to a diversion, the Children and Youth Relations Officer or
Unit in consultation with the child’s parents/guardian, the nearest relative, member of a child-focused
group, a member of the Barangay Council for the Protection of Children concerned, or the local
social welfare development officer shall formulate a diversion program and refer the child to the
appropriate agencies for compliance of the program.

SECTION 758. Right of the Juvenile to Counsel. From custodial investigation and throughout the
proceedings, the juvenile shall have the right to be presented by counsel. The arresting officer,
prosecutor of judge shall ensure that the juvenile is represented by counsel before proceeding with
the investigation or trial. Any confession or admission made any proceeding without the assistance
of the counsel shall be null and void.

SECTION 759. Custody and Supervision. No child be removed from parental supervision, whether
party or entirely, unless the circumstances of his case make protective custody necessary. The
competent authorities conducting diversion proceedings shall immediately commit the child to the
custody of the parents or legal guardian who shall be responsible for the presence of the child
during the diversion proceedings. In the absence of the parents or legal guardians, the child shall be
committed to the nearest relative, a member of the Barangay Council for the Protection of Children
concerned, of the local social welfare development officer in coordination with the City Social
Welfare and Development Office may refer the child to the appropriate child-caring institution.

SECTION 760. Confidentiality of Proceedings and Records. All records and proceedings involving
children shall be confidential. The public shall be excluded during all proceedings and the records
shall be disclosed directly or indirectly to anyone by any of the parties or the participants in the
proceedings. Records shall not likewise be disclosed to the media and a separate blotter with a
coding system concealing material information on the child’s identity be maintained by competent
authorities. Records of juvenile offenders shall not be used in adult proceedings in subsequent
cases involving same offenders.

SECTION 761. Care and Maintenance of Juveniles. The person or other person liable to support the
child shall pay the expenses for the care and maintenance of the said child who disposition of the
case is institutionalization. The disposition shall include the proportion of support if such person is
not capable of paying the whole amount and the rest shall be paid by the local government unit
maintaining such a facility.

SECTION 762. Reintegration Program. The local government units are encouraged to implement
reintegration programs for a juvenile who is released by the court. This is for the purpose of
preparing the juvenile for reintegration to the community.
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SECTION 763. Establishment of a Rehabilitation Center for Children and Youth in Conflict with the
Law. A Center for Children and Youth in conflict with the law shall be established in the City of
Masbate. Said center shall be equipped with the necessary facilities for conducive dwelling. It shall
develop home life services, psycho-social intervention and other services that will make the center
conducive to life and rehabilitation. It shall be managed and operationalized by the City Social
Welfare and Development Office.

SECTION 764. Establishment of a Separate Detention Cell for Children and Youth in Conflict with
the Law. To be able to safeguard the physical and psycho-social condition of detained children with
impending criminal charges, the City Government shall establish with the City Jail a separate
detention center or cell exclusive for children and youth in conflict with the law.

SECTION 765. Creation of the City Council for the Welfare of Children. The Sangguniang
Panlungsod shall create the City Council for the Welfare of Children, the composition of which shall
be determined by the concerned Sanggunian concerned depending on the needs and circumstances
of the area. The Council shall have the following duties and functions:
a. To formulate the city plan action for children, incorporating projects and program needing
assistance submitted by their constituent barangay; and ensured the integration of these plans
into the city development plan.
b. The monitor and review the implementation of the city/barangay plans;
c. To submit quarterly status report on the plan implementation to the City Municipal Planning and
Development Office;
d. To promptly address issues and concerns affecting children and youth in their area;
e. To advocate for the passage of relevant youth and child protective ordinances;
f. To advocate for the increased support and resources allocation for children’s program and
projects from their respective local government units and secure resources for the same from
other sources;
g. To provide technical assistance to the community-based frontline workers through the conduct
capability building and human resource development activities; and;
h. To prepare contingency measures to protect the children and their families in crisis brought
about by natural and human made calamities.

Secretariat support shall be lodged with the City Social Welfare and Development Office which shall
be responsible for the documentation of proceeding of meetings and preparation of reports and other
necessary documents as needed by the Council.

SECTION 766. Creation of Barangay Council for Protection of Children. The Barangay Council shall
create a Barangay Council for Protection of Children, the composition of which shall be determined
by the former depending on the needs and circumstances in the area. The Council shall have the
following functions:
a. To foster education of every child in the barangay (at least an elementary education for the
child);
b. To encourage the proper performance of the duties of parents and provide learning
opportunities on the adequate rearing and of positive parent- child relationships;
c. To report all cases of child abuse to the proper authorities;
d. To protect and assist abandoned maltreated and abused children and facilitate cases filed
against their abusers;
e. To prevent child labor in their area and to protect working children from abuse and exploitation;
f. To take to prevent juvenile delinquency and to assist children with behavioral problems so that
they can get expert advice;
g. To adopt measures to promote health nutrition of children;
h. To promote the opening and maintenance of playgrounds and day care centers and other
services necessary for child and youth welfare;
i. To promote wholesome entertainment in the community especially in the movie houses;
j. To assist parents whenever necessary in securing expert guidance counseling from proper
governmental or private welfare agencies;
k. To secure the cooperation of organization devoted to welfare of children and coordinate their
activities;
l. To advocate passage of child-friendly barangay ordinances in response to child-related issues
and concerns;
m. To prepare the barangay plans of action for children addressing their needs in the community
and ensure their integration into Barangay Development Plan and implementation by the
barangays;

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n. To submit quarterly barangay accomplishment report on the implementation of the plan to the
City Council for the Welfare of Children.

SECTION 767. Representation of Non-governmental Organizations in the Councils for Children. The
local legislative council shall invite non-government organizations with child focused programs for
membership in the council for the welfare of children, provided that these non-government
organizations are duly accredited by the local sanggunian concerned based on its criteria of
accreditation.

SECTION 768. Internal Rules of the Councils for the Welfare of Children. The local councils for the
welfare of children shall adopt their own internal rules the procedures and regulations to serve as
guidelines for the members in the discharge of their official functions such as the organization’s
structure, parliamentary procedure, order of meeting and quorums, discipline and such other rules
the council may adopt.

SECTION 769. Creation of a Desk for Children Concerns. There shall be created a Desk for
Children’s Concern under the office of the City Social Welfare and Development Office. The Desk for
Children’s Concerns shall have the following functions:
a. Act as secretariat for the City Council for the Welfare of Children;
b. Oversee and coordinate the implementation of this Code;
c. In-charge of the day-to-day operations of the City Council for the Welfare of Children.

The desk for children’s concerns shall be consulted by the local government unit and other bodies
whenever they are considering proposals to change or repeal existing legislation or introduce new
legislation likely to affect children’s lives.

SECTION 770. Child Impact Statement. Local Government Units are required to prepare “child
impact statement’ indicating the likely repercussions of proposed legislation or policy on children and
submit these to the Desk for Children’s Concerns.

SECTION 771. Mandatory Consultations. Prior to implementation of any national project by any and
all government agencies, bureaus, or offices affecting children in the City of Masbate, express
approval by the City Mayor and the Sangguniang Panlungsod shall be obtained after holding of the
public hearings on the matter and after consultation with the Desk for Children’s Concerns.

SECTION 772. Composition of the City Children’s Council:

a. 1 representatives from each barangay
b. 3 representatives from the city government

SECTION 773. Functions of the City Children’s Council

a. To act upon the problems of the children.
b. To monitor and evaluate the programs and activities that involves children, either by the
government or from the non-government organizations.
c. To spearhead and facilities programs or activities that will help the children through seminars,
training, skills development and community outreach program.
d. To formulate and consolidate plans and projects that is to be implemented.
e. To set forth rules and regulations within the organizations.
f. To initiate allocation of funds for the projects envisioned by the children’s council.
g. To discuss issue and concerns and information from the Barangay Children’s Council and
Provincial Children’s Council.
h. Receive and examine reports written or made by the Barangay Children’s Council.

SECTION 774. Child Representatives. Aside from the youth representative from the Sangguniang
Kabataan, a seat shall be provided for a child representative in the City Councils for the Protection of
Children coming from the Children’s Council and should see to it that the child is able to genuinely
participate in decision making particularly in matters involving children’s concerns.
SECTION 775. Implementing Rules and Regulations. The implementing rules and regulations of the
Children’s Code shall be drafted by the City Council for the Welfare of Children within one year from
the effectivity of this Code.

SECTION 776. Persons Who May File a Complaint. Complaints on unlawful acts committed against
children as enumerated herein may be filed by the following:
a. Offended party;
b. Parents or guardians;

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c. Ascendant or collateral relative within the degree of consanguinity;
d. Officer, social worker or representative of a licensed child-caring institutions;
e. Officer or social worker of the Department of Social Welfare and Development ;
f. Barangay chairpersons; or
g. At least three concerned responsible citizens residing in the community where the violation
occurred.

SECTION 777. Protective Custody of the Child. The offended party shall be immediately placed
under the protective custody of the Department of Social Welfare and Development through the local
social welfare and development officer pursuant to Executive order No.56, series of 1986. In the
regular performance of this function, the officer of the Department of Social Welfare and
Development shall be free from any administrative, civil or criminal liability. Custody proceedings
shall be in accordance with the provisions Presidential Decree No. 603.

SECTION 778. Confidentiality. As the instance of the offended party, his name may be withheld from
the public until the court acquires jurisdiction over the case. It shall be unlawful for any editor,
publisher, and reporter or columnist in case of printed materials, announcer or producer min case of
television and radio broadcasting, producer and director of the film in case of the movie industry, to
cause undue and sensationalized publicity of any case of violation of this Act which results in the
moral degradation and suffering of the offended party.

SECTION 779. Reporting. A person who learns of facts or circumstances that give rise to the belief
that a child has suffered abuse may report the same, either orally or in writing, to the Department of
Social Welfare and Development (national office), the Office of the City Social Welfare and
Development, to the law enforcement agency or to the Barangay Council for the Protection of
Children concerned.

SECTION 780. Mandatory Reporting. The head of any public or private hospital, medical clinic and
similar institution, as well as the attending physicians and nurses, shall report, either orally or in
writing, to the above-mentioned department or agency the examination and/or treatment of a child
who appears to have suffered abuse within forty-eight hours from the knowledge of the same.

SECTION 781. Duty of Government Workers to Report. It shall be the duty of all teachers and
administrators in public schools, probations officers, government lawyers, law enforcement officer,
barangay official, correction officers and other government officials and employees whose work
involves dealing with children to report of possible child abuse to the authorities mentioned in the
preceding sections.

SECTION 782. Failure to Report. Any individual mentioned in Section 100 who possesses
knowledge of a possible child abuse and fails to report the case to the authorities shall be
punishable under Republic Act 7610.

SECTION 783. Immunity for Reporting. Any person who, acting in good faith, reports a case of child
abuse be free from any civil or administrative liability arising there from. There shall be a
presumption that any such person acted in good faith.

SECTION 784. Penalties. The penalty for any violation of this Code, which is not penalized
elsewhere in other sections of this code or in a national law, shall be imprisonment of six months to
one year and/or a fine ranging from Five Hundred Pesos to One Thousand Pesos.

For first time offenders, in cases where the offender is the parent or teacher of the child or relatives
within the fourth degree of consanguinity, if the offender admits the offense and is sincere and willing
to reform, the penalty may be waived subject to the consent of the child, and the following measures
imposed instead:
a) Attendance in a parenting or any appropriation seminar;
b) Community services of ten to fifteen (10-15) days;
c) Counseling sessions;
d) Family therapy; and
e) Participation in appropriate training courses.

For offenses punishable under Republic Act 7610, Republic Act 7658, the Revised Penal code or
any other law as well as this Code, the offended party and/or any party so authorized shall file a
complaint under the national law, and the penalty in such national law shall be imposed. Failure to
comply with pertinent provisions of this Code by the concerned local chief executive, members of

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legislative bodies and/or head officers or bodies shall constitute dereliction of duty subject to
penalties prescribed under the Local Government and other pertinent laws.

SECTION 785. Appropriations for Children’s Programs. The local government units shall appropriate
funds as part of their annual budget for the implementation of children’s program. The City shall
allocate funds necessary for the implementation of this Code, drafting and publication of the
implementing rules and regulations, training and orientation of stakeholders, and promotion of this
Code to the general public.

Article II
PROVIDING RULES AND REGULATIONS IN THE MANAGEMENT AND OPERATION OF
THE CRISIS CENTER FOR BATTERED WOMEN AND ABUSED CHILDREN

SECTION 786. The crisis center shall be operated, managed and supervised by the City Social
Welfare and Development Office through the Office of the City Mayor.

SECTION 787. Definition of Terms:

1. City Social Welfare and Development Office
2. Rectifying – making a new image, e.g. putting out a new idea replacing the wrong ones.
3. Veracity – the quality of telling the truth or verifying something that is true
4. Batter – art of striking something or someone violently resulting to cause injury.
5. Crisis Center – refers to Pasirungan Para sa Kabataan kag Kababaihan

SECTION 788. Rules of Admission to the Pasirongan Para sa Kabataan kag Kababaihan
A1. Admission Criteria:
1. Walk-in - client himself personally seek admission.

2. Referral - The client is referred by Social Worker Officer, other government agencies, Non
Government Organizations, church groups, concerned individuals and the barangay captain.
Referral letters shall be required with attached case/ in-take report/ study to minimize the
questioning of the victim/client. Should be accompanied by a relative/ parent or a barangay
representative or referring party in case of abandonment/neglected children. ) Other required
documents is a barangay certification.

3. Outreach -The client is directly rescued, taken or contacted by the Social Worker or City Social
Welfare and Development Office/Center staff. Required documents upon admission are initial case
study report, referral letter and barangay certification.

A2. Rules to be observed by Clientele admitted in the Crisis Center:

1. In any case, the alleged battered women and abused child must fully meet the necessary
requirements prescribed by law and as to the veracity of the complaint filed.
a. Once admitted in the crisis center for battered women and abused children, are not allowed
to establish contact with their husband/lover/father, unless the rehabilitation program is fully
completed.
b. Once they are in the center undergoing rehabilitation, they are not allowed to go back home
for any purpose except on emergency cases.
c. As much as possible, the client is not allowed to use any means of communication except
in case of emergency.
d. Upon completion of the rehabilitation program before the release of any client, the City
Social Welfare and Development Office or any other competent authority must compel the
husband/lover/father to execute an affidavit stating therein not to commit the same, or else
the full force of the law shall be applied.
e. The City Social Welfare and Development Office must submit a list of battered women and
abused children to the City Council addressed particularly to the Chairperson, Committee
on Women and Family Affairs as proof of the urgency in the formulation of the measure.
f. That City Social Welfare and Development Office shall formulate plans for the
implementation of rehabilitation and recovery programs for the clientele and would-be
clients of the Center.
A3. Management of the Center
Operation and management of the Center shall be governed by the Manual of Operations
formulated by the City Social Welfare and Development Office
.
SECTION 789. The Crisis Center shall be the Pasirungan Para sa Kabataan kag Kababaihan.

Article III
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 OPERATION AND MANAGEMENT OF THE CRISIS CENTER

SECTION 790. Funds. The operation and management of the crisis center for battered women and
men shall be funded out of the General Fund, Annual Budget calendar year 2004.

SECTION 791. The crisis center, though under the supervision of the City Social Welfare
Development Office, shall be under the direct supervision and control of the Office of the City Mayor
for effective and efficient implementation of the programs related hereto.

Article IV
CURFEW FOR MINORS

SECTION 792. Definitions –

1. Curfew Hours - hours from 10:00 PM of every night up to 5:00 A.M the next morning
2. Minors - person under eighteen years of age
3. Parent - person who is a natural parent, adoptive parent, or step parent of a minor
4. Guardian shall mean:
a. Any person who, under court order, is the guardian of a person of a minor;
b. A public or private agency with whom a minor has been placed for custody by the court;
c. Any person in charge of the custody or taking care of a minor whether relative or not; and
d. Any person at least eighteen years of age authorized by the parent/guardian to accompany
the minor in a public place or to have custody/care over him/her;
5. Public Place - a place located in the City of Masbate where the general public, or a substantial
group of people have access, including but have not limited to, streets, highway, sidewalk,
parking lots, vacant lots, parks and the common areas in and about churches, apartment
building, office building, hospitals, schools, shop and places of entertainment such as movies
theatres and similar places or establishments.
6. Remain - to linger or stay, as well as to refuse or when requested to do so by a police officer, or
the owner or other person in public place. This term also encompasses activities, which maybe
mobile, such as walking, driving and riding about in a public place.
7. Emergency - an unforeseen combination of circumstances or the resulting state that calls for
immediate action. The term includes but is limited to, a fire, natural disaster, an automobile
accident, or any situation requiring action to prevent serious bodily injury or loss of life.

SECTION 793. Prohibited Activities/ Offenses. The following acts shall be deemed prohibited under
this Ordinance.
a. It shall be unlawful for the minor to remain in a public place during curfew hours; and
b. It shall be unlawful for a parent or guardian of a minor to allow the minors to remain in any
public place within the city during curfew hours.

SECTION 794. Exemptions. The activities enumerated herein shall be lawful in the following
circumstances:
a. Minors in the company of their parents, guardian or relatives or persons having custody over
them;
b. Minors sent out by parents, relatives, guardians or persons in an emergency having custody over
them to send an errand such as, fetching a doctor or to purchase medicines and other related
cases;
c. When a minor sent to call relatives or other person to notify as to the death or other emergencies
or accidents befalling a relative, the parent or the person or with whom the minor is staying or
who has or have custody over the safe minor;
d. Minors attending or coming from social affairs duly organized by school or community without
any detour of such activity;
e. When the minors is attending classes and was dismissed from classes late in the evening,
provided that she/he can present a proof or any valid identification that she/he is a student.

SECTION 795. Enforcement Procedure. Before taking any enforcement action under this
Ordinance, a police officer, barangay tanod or neighborhood crime watch enforcer shall ask the
offender’s age and reason for being in the public place and in case of doubt the apprehending officer
may ask the offender to produce a residence certificate (cedula) as proof of age. The officer or
enforcer shall bring the offender to the nearest barangay where the minors are apprehended and
that it shall be recorded in the blotter book.

SECTION 796. Penalties and Manner of Dealing with Violator:

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First Offense – A minor found violating this ordinance for the first time shall be referred to the
nearest police station, barangay hall or tanod for counseling before being properly turned over to his
parents/guardian. Offense should be entered in the blotter report of the PNP.

Second and Third Offense – A minor found violating this ordinance for the second and third time
thereafter will be meted with the prescribed penalty shall be fined Two Hundred Pesos to the minor’s
parent or an appropriate penalty at the discretion of the Court.

For every Subsequent Offenses - If in case the said offender commits the same offense repeatedly,
the offender shall be detained in a detention cell at the barangay hall or at the nearest police
outpost, but in such case the parent shall be liable for the penalty to be imposed due to his
negligence. But if the parents cannot pay fine, HE is required to conduct a community service or at
the discretion of the Court.
Punishment for other Offenses – The conviction of any minor for any offense under this ordinance
shall not bar his prosecution for any other offense which may have been committed by such minor
concurrently with the commission of the offense of which he was convicted or is doing, the act or
series of acts which constituted the offense of which he was convicted.

Article V
FOSTER FAMILIES

SECTION 797. Policy and Principles. The Masbate City Government, pursuant to Presidential
Decree 603, upholds the rights of a child to a wholesome family life that will provide his or her with
love, care and understanding, guidance and counseling, and moral and material security.

The City Government also recognize strengthening the family as a basic social institution, the mutual
rights and duty of parents in the rearing of the youth for civic efficiency and the development of moral
character. That during the period when the parents are unable to care for the child temporarily, the
child may be placed in a foster home while the family is strengthened and aided to resume parental
responsibility.

It believes that the child is one of the most important assets of the nation, thus, every effort should
be exerted to promote his welfare and enhance his or her opportunities for a useful and happy life.

SECTION 798. Scope. This Ordinance shall establish a pool of foster families to be initiated,
maintained and monitored by the City Social Welfare and Development Office and these foster
families-shall be licensed by the Department of Social Welfare and Development, Field Office V in
Buragwis, Legaspi City.

SECTION 799. Qualifications:

1. Foster parents should at least be 25 years old and should have genuine interest in parenting a
relative or non-relative child;
2. Foster parents may either be married, widowed, separated, and single and should be able to
provide a wholesome family atmosphere for a foster child. In case where the applicant is either
widowed or single, a male adult should be available in the home to provide father figure in the
family;
3. Foster parents must have healthy and harmonious relationship with each family member;
4. Foster parents must have good moral character, emotional maturity, physically fit and financially
able to provide for the family’s needs; and
5. Foster parents must be willing to be trained to further hone their knowledge, attitude and skills in
caring for children with special needs.

SECTION 800. Implementing Guidelines on Foster Care Services. Foster family recruitment and
development is the act of reaching out to families for the purpose of developing homes for children in
need of foster homes. These children may be abandoned, neglected and surrendered children
including those with special needs.

Foster Care Orientation and Forum shall be conducted among interested families to enable them to
fully understand the concept of foster care and prepare foster parents and their respective families to
the responsibility that lies ahead in taking custody and providing temporary home to children who
cannot be cared by their biological parents. Recruitment of foster families shall be undertaken by the
Department of Social Welfare and Development.

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There shall be three categories of foster families to be developed depending on these families’
capacity to assist children. There shall be volunteer foster families and subsidized foster families.
Volunteer foster families shall provide care for a child temporarily, fully providing for the child’s needs
without material support from the government, except for monitoring and technical assistance to
further hone their skill as foster families. The other category is the subsidized foster families, wherein
by virtue of their family’s economic situation, however, is fully motivated to care for a non-related
child for a temporary period of time, shall be provided monthly subsidies intended for the needs of
the child – food needs, education, health, medical and other needs.

The City Social Welfare and Development Office shall carefully assess children in need of foster
placement, determining whether the placement shall indeed serve the best interest of the child.
Placement of children to foster homes shall carefully be considered, thus, matching of foster child to
the most suitable foster family shall be facilitated by the City Social Welfare and Development
Officer.

The City Social Welfare and Development Officer of Masbate shall undertake regular supervision of
this pool of foster families, placed with children in need of foster care. Programs and services shall
be developed by CSWDO to maintain, strengthen and sustain this pool of foster families.

SECTION 801. Subsidy for Foster Homes – Only qualified and licensed foster families shall receive
material and financial subsidy from the City Government of Masbate. Foster families caring for
special needs shall be provided with higher subsidies, however, this will depend on the City Social
Worker’s Assessment. Volunteer families shall be accorded subsidy or assistance on a case to case
basis. Regular or subsidized foster families shall be provided monthly subsidy for the needs of the
child.

Foster families provided subsidy by the City Government shall be required to submit quarterly
expenses report of such subsidy to the Social Welfare and Development Office.

SECTION 802. Funding Requirement – The Local Government Until shall allocate Two Hundred
Thousand Pesos as initial fund for the program to be taken out of the 20% Development Fund.
Subsequent allocations shall depend on the number of licensed foster parents and the number of
children placed under their custody.

Article VI
ANTI-TRAFFICKING IN PERSONS

SECTION 803. Definition of Terms- The following definitions of terms are adopted from Section 3
Republic Act No. 9208 except paragraph (1) as follows:
1. Trafficking Persons - refers to the recruitment, transportation, transfer or harboring, or receipt of
persons with or without the victims consent or knowledge within or across national borders by
means or threat or use of force, or other forms of coercion, abduction, fraud, deception, abuse of
power or of position, taking advantage of the vulnerability of the persons, or the giving or
receiving of payments or benefits to achieve the consent of a person having control over another
person for the purpose of exploitation or the prostitution of others or other forms of sexual
exploitation, forced labor or services, slavery, servitude or the removal or sale of organs.
a. The recruitment, transportation, transfer, harboring or receipt of a child for the purpose of
exploitation shall be considered as “trafficking in person” even if it does not involve any of
the means set forth in the preceding paragraph.
2. Child - refers to person below eighteen years of age or one who is over eighteen but is unable to
fully take care of or protect himself/herself from abuse, neglect, cruelty, exploitation, or
discrimination because of a physical or mental disability or condition;
3. Prostitution- refers to any act, transaction, scheme or design involving the use of a person by
another, for sexual intercourse or lascivious conduct in exchange for money, profit or any other
consideration;
4. Forced Labor and Slavery- refer to the extraction of work or services from any persons by means
of enticement, violence, intimidation or threat, use of force or coercion, including deprivation of
freedom, abuse of authority or moral ascendancy, debt bondage or deception;
5. Sex Tourism- refers to a program organized by travel and tourism-related establishment and
individuals, which consist of tourism packages or activities, utilizing and offering escort and
sexual services as enticement for tourist. This includes sexual services and practices offered
during rest and recreation periods of members of the military;

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6. Sexual Exploitation- refers to the participation by a person in prostitution or the productive of
pornographic materials as a result of being subjected to a threat, deception, coercion, abduction,
force, abuse of authority, debt bondage, fraud or through abuse of a victim’s vulnerability;
7. Debt Bondage- refers to the pledging by the debtor of his/her personal services or labor or those
of a person under his/her control as security or payment for a debt, when the value of the
services as reasonably assessed is not applied toward the liquidation of the debt;
8. Pornographic- refers to any representation, through publication, exhibition, cinematography,
indecent shows, information technology, or by whatever means of a person engaged in real or
simulated explicit sexual activities or any representation of the sex a parts if a person for primary
sexual purposes;
9. Anti-Trafficking in Persons Committee- a group of individuals duly constituted under this
ordinance to assist the provincial government in performing its roles and responsibilities under
Republic Act No. 9208 and its implementing rules and regulation

SECTION 804. Scope and Application. The Anti-Trafficking in Persons Committee shall address
concerns and cases of trafficking and acts promoting trafficking based on Republic Act 9208, as
follows:

1. Acts of Trafficking in Persons. The following are considered as acts of trafficking in

persons and it shall be unlawful for any person, natural or juridical to commit any of the following
acts:

(a) To recruit, transport, transfer, harbor, provide or receive a person by any means, including those
done under the pretext or domestic or oversees employment or training or apprenticeship, for the
purpose of prostitution, pornography, sexual exploitation, forced labor slavery, involuntary
servitude of debt bondage;
(b) To introduce or match, profit, or material, economic and other consideration, any person or as
provided for under Republic Act No. 6955, any Filipino women to a foreign national, for marriage
for the purpose of acquiring, buying , offering, selling or trading him/her to engage in prostitution,
pornography, sexual exploitation, forced slavery and voluntary servitude or debt bondage;
(c) To offer contract marriage, real or simulated for the purpose of acquiring, buying, offering, selling
or trading them to engage in prostitution, pornography, sexual exploitation, forced labor or
slavery, involuntary servitude or debt bondage;
(d) To undertake or organize tours and travel plans containing tourism package or activities for the
purpose of utilizing and offering persons for prostitution, pornography or sexual exploitation;
(e) To maintain or hire a person to engage in prostitution or pornography;
(f) To adapt or facilitate the adoption of persons for the purpose of prostitution, pornography, sexual
exploitation, forced labor, involuntary servitude or debt bondage;
(g) To recruit, hire transport or abduct a person, by means of threat or use of force, fraud, deceit,
violence, coercion, or intimidation for the purpose of removal or sale of organs of the said
persons; and
(h) To recruit, transport or adopt a child to engage in armed activities in the Philippines or abroad.

2. Acts that promote Trafficking in Persons. The following acts, which promote or facilitate
trafficking persons, are unlawful, as follows:
(a) To knowingly lease or sublease, use or allow to be used any house, building or establishment for
the purpose of promoting trafficking in persons;
(b) To produce, print and issue or distribute unissued, tampered or fake counseling certificates of
any government agency which issued these certificates and stickers as proof of compliance with
government regulation and pre-departure requirements for the purpose of promoting trafficking in
persons;
(c) To advertise, publish, print, broadcast or distribute, or cause the advertisement, publication,
printing, broadcasting or distribution by any means, including the use of information technology
and internet, of any brochure, flyer, or any propaganda material that promote trafficking in
persons;
(d) To assist in the conduct of misinterpretation or fraud for purposes of facilitating the acquisition of
clearance and necessary exit documents from the government agencies that are mandated to
provide pre-departure registration and services for departing-persons for the purpose of
promoting trafficking in persons;
(e) To facilitate, assist or help in the exit and entry of persons from/to the country at international or
local airports, territorial boundaries and seaport who are in possession of unissued, tampered or
fraudulent travel documents for the purpose of promoting trafficking in persons;
(f) To confiscate, conceal, or destroy the passport, travel documents, or personal documents or
belongings of trafficked person in furtherance of trafficking or to prevent them from leaving the
country or seeking redress from the government or appropriate agencies; and
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(g) To knowingly benefit from, financial or otherwise, or make use of, the labor or services of
persons held to a condition of involuntary servitude, forced labor, or slavery;
3. Qualified trafficking in Persons: The following are considered as qualified trafficking:

(a) When the trafficked person is a child;

(b) When the adoption is affected through Republic Act No. 8043, otherwise known as the
“Inter-Country Adoption Act of 1995” and said adoption is for the purpose of prostitution,
pornography, sexual exploitation, forced labor, slavery, involuntary servitude, or debt
bondage;
(c) When the crime is committed by a syndicate, or in a large scale. Trafficking is deemed
committed by a syndicate if carried out by a group of three or more persons conspiring or
confederating with one another. It is deemed committed in a large scale if committed
against three or more persons, individually or as a group;
(d) When the offender is an ascendant, parent, sibling, guardian or a person who exercise
authority over the trafficked person or when the offense is committed by public officer or
employee;
(e) When the trafficked person is recruited to engage in prostitution with any member of the
military or law enforcement agencies;
(f) When the offender is a member of the military or law enforcement agencies; and
(g) When by reason or on occasion of the act of trafficking in persons, the offended party
dies, become, insane, suffers mutilation or is afflicted with Human Immunodeficiency
virus of the Acquired Immune Deficiency Syndrome.

SECTION 805. Composition. The City Social Welfare and Development Office shall serve as
secretariat and policy-implementing arm of the Anti-Trafficking in Person Committee and for this
purpose shall assign a regular social worker, particularly assigned to women and children’s
concerns, to perform the following functions:

(a) Facilitate the regular and special meetings of the Anti-Trafficking in Person Committee
once a month or as may be necessary in the performance of its mandate under this
Ordinance;
(b) Receive communication, concerns and coordinate with the Anti-Trafficking in Person
Committee members of pertinent line agencies to address the same;
(c) Coordinate with pertinent line agencies in the performance of Anti-Trafficking in Person
Committee’ s functions;
(d) Consolidate and submit regular reports to the Anti-Trafficking in Person Committee in
relation to its functions;
(e) Request and process the release of funds required by the Anti-Trafficking in Person
Committee; and
(f) Such other function as the Anti-Trafficking in Person Committee will assign.

A. Composition of the Anti-Trafficking in Person Committee. The Anti-Trafficking

Persons Committee shall be composed of the following:
(a) City Mayor
(b) Chairperson of the Committee on Women and Family, Sangguniang Panlungsod or
his/her duly designated representative
(c) City Health Officer or his/her duly designated representative
(d) City Social Welfare and Development Officer
(e) Representative from the Department of Labor and Employment.
(f) Representative from the Masbate City Police
(g) Representative from the City Prosecution
(h) Representative from the Masbate City Gender and Development Council
(i) Representative from the Liga ng mga Barangay
(j) Representative from the non-government organization working against trafficking in
persons.

B. The Mayor shall convene the Anti-Trafficking in Person Committee within three months
from the effectivity of this Ordinance.

C. The Anti-Trafficking in Person Committee shall meet once month or as often as

necessary in the performance of their functions.

D. The City Mayor shall chair the Anti-Trafficking in Person Committee and shall exercise the
prerogative of appointing the Presiding Officer during meetings in case of his absence and

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designating the Non-Government Organization Non-Government Organization to sit as member of
said committee.

SECTION 806. Functions of the Anti-Trafficking in Person Committee. The Anti-Trafficking in

Persons Committee shall have the following responsibilities:
(a) Monitor and document cases of trafficked persons in Masbate City;
(b) Recommend the cancellation of licenses of establishments, which violate the provisions of
Republic Act. No. 9208 and ensure its effective prosecution;
(c) Undertake an information campaign against trafficking in persons through the
establishment of Migrants Advisory and Information Desk in Masbate City in coordination
with the Department of Interior and Local Government, Philippine Information Agency,
Non-Government Organizations and other concerned agencies;
(d) Encourage and support barangay-based initiatives which addresses trafficking in persons,
such as possible integration of functions with the Barangay Council for the Protection of
Children, Quick Response Team, and similar existing organizations within the barangay;
(e) Establish effective and gender-sensitive rescue teams composed of pertinent line agencies
under RA 9208 and create policies and mechanism to establish said teams;
(f) Recommend the basic social services for the prevention, rescue, recovery, rehabilitation
and reintegration care support services to victims trafficking in persons;
(g) Recommend executive policies and enactment of ordinances and resolution aimed at
providing protection and support to trafficking in persons;
(h) Strengthen, activate and mobilize committees, council, organizations, and special bodies
in the barangay level to prevent and suppress trafficking in persons;
(i) Closely coordinate with the Inter-Agency Council Against Trafficking created under
Republic Act No. 0208 and all such other agencies concerned;
(j) Recommend utilization of all funds appropriated for this Ordinance.

SECTION 807. Migrants Advisory and Information Desk. As mandated under the Implementing
Rules and Regulations of Republic Act No. 9208, the province shall establish, with the help of the
Anti-Trafficking in Person Committee a Migrants Advisory and Information Desk.

SECTION 808. Function of the Line Agencies. All the line agencies who are members the Anti-
Trafficking in Person Committee shall perform their respective functions under the Implementing
Rules and Regulations of Republic Act 9208, which is adopted in this ordinance.

SECTION 809. Trainings. Regular training and seminars shall be held to enable the members of the
Anti –Trafficking in Persons Committee to function efficiently. Similar training shall also be provided
to officials and volunteers in the barangay level for the purpose of equipping them with the
necessary knowledge and skills to prevent and suppress trafficking in persons in their area of
jurisdiction or to assist in the monitoring, investigation and prosecution of the cases of trafficking in
persons.

SECTION 810. Internal Rules and Procedures. The Anti-Trafficking in Persons Committee is
authorized to create and adopt its own internal rules and procedures to govern them in their policy
and decision-making process subject to the ratification of at least three-fourths of the committee. All
other decisions of the said committee shall be governed by simple majority vote.

SECTION 811. Coordination with the Gender And Development Council. The Anti-Trafficking in
Persons Committee shall closely coordinate with the Gender and Development Council in cases of
policies on trafficking of women and children.

SECTION 812. Funding. The operation and activities of Anti-Trafficking in Persons Committee shall
be considered as related to gender and development projects of the city and the funding shall be
part of the five percent gender and development fund of every year.

Article VII
PRESCRIBING THE RULES AND REGULATIONS ON THE SALE AND DISTRIBUTION OF
RUBBER CEMENT AND OTHER ADDICTIVE SUBSTANCES.

SECTION 813. Declaration of Policy. The City Government of Masbate recognized that children
have rights as provided in the United Nations Conventions on the Rights of the child as well as
Section 3, Paragraph 2 of Article XV of the Philippine Constitution.

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Pursuant to Article 5 Section 50 paragraph (n) of the Masbate City’s Children Code (Ordinance No.
044-03 states that it shall be unlawful for any person to sell liquor, cigarettes, rugby or any addicting
substance to a child. Moreover, sale of rubber cement (rugby) to adults shall be restricted by the
same rules and regulations.

SECTION 814. Definition of Terms

Business Establishment – an establishment where business is conducted, goods are made or

stored or processed or where services are rendered.
Rubber Cement – An adhesive made from elastic polymers (typically latex) mixed in a solvent such
as acetone, hexane, heptanes, benzene to keep them fluid to be used as a strong yet flexible bond,
include brands like Apollo, Do-all, Grandprix, Rugby, etc.
Addictive Substance – materials with specific chemical composition in the form of gases, aerosols
or solvents such as gasoline, kerosene, nail removers, Freon and compressed hydro fluorocarbons
which are breathed in and absorbed through the lungs used to obtain obsession, compulsion or
excessive physical psychological dependence.
Juridical Person – an entity (such as a firm) other than natural person created by law and
recognized as a legal entity having distinct identity, legal personality and duties and rights also called
as artificial person, juristic person or legal person.
Natural person – a man, woman or child in distinction from a corporation.
Minor – a person below eighteen years of age.

SECTION 815. Rules and Regulations. The following rules and regulation shall be observed to
prohibit the sale and/or distribution of rubber cement and other addictive substances to children and
regulate its sale and/or distribution to adults.

Sale to Minors

1. It shall be unlawful for any business establishment or natural person to sell and/or distribute
rubber cement to children except to students using the same substance for specific school
projects who shall present an Authorization from the School Principal/Teacher upon purchase.

Sale to Adults

2. The hardware proprietors in coordination with the Business Licensing Section of the City
Government shall keep a record of business establishment engaged in bag and shoe repair,
upholstery, construction and related industries. Such Proprietors shall be be allowed to
purchase directly from the hardware without authorization. In case of purchase through a
representative or through other persons, an authority to purchase indicating the volume of
substance must be issued by the proprietor/manager.
3. Upon purchase of other adults, the hardware owners and sales person shall require an adult
buyer:
a. To secure a Barangay Authorization using the prescribed form; or
b. To secure Authorization from the Masbate City Police Station, for persons who failed
to secure authority from the barangay and/or school in prescribed form.

Such authorization, free of charge, will lessen the burden of probing the intent of the buyer and
minimize time and effort on the part of the seller.

Any natural person who subsequently distributes the substance to children using the authority
(identified in item 2 and 3) shall constitute a violation of this Ordinance.

4. Business establishment shall post these rules and regulations in their respective establishment
written in the local dialect (Minasbate) by the Sangguniang Panlungsod. Failure to comply shall
constitute a violation of this Ordinance.

SECTION 816. Administrative Clause

1) The hardware shall maintain a logbook of purchase and sale of rubber cement reflecting therein
the name of the adult buyer, age, address, quantity of rubber cement purchased and purpose
and shall coordinate with the City Social Welfare and Development Office on monitoring
activities. Failure of the owner to comply shall constitute a violation of this Ordinance
2) Monitoring of purchases will be regularly conducted by City Social Welfare and Development
Office and shall prepare a quarterly report to the City Mayor, copy furnished the Office of the
Sangguniang Panlungsod and the Masbate City Police Station.
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SECTION 817. Penalty Clause. Any natural or juridical person, organization or business
establishment violating this Ordinance shall be meted the following penalties:

First Offense - a fine of Five Hundred Pesos

Second Offense - a fine of Seven Hundred Pesos
Third Offense - a fine of One Thousand Pesos and/or cancellation of
Business permit or both upon the discretion of the
court.

Article VIII
CREATING THE GENDER AND DEVELOPMENT CODE FOR THE CITY OF MASBATE

SECTION 818. Declaration of Principles. In pursuit of development that is empowering people-

centered, just, sustainable, Masbate City shall embody the principles of gender and development. As
such, women’s empowerment and gender equality shall be the twin goals in their development
efforts.
In this respect, as enshrined in the United Nation’s Convention of the Elimination of all Forms
of Discrimination against Women and other international conventions to which the Philippines is
signatory and in the Philippine Constitution, the City shall promote, protect and fulfill the following
rights of women:

To good quality education;

To comprehensive health services;
To access loans and other forms of financial credit;
To join leisure, sports and cultural activities;
To decide on the number of children and on the number of years between pregnancies;
To share in parenting activities;
To have equal access to jobs, benefits and social security;
To be paid equally based on the work she does;
To be free from all forms of physical, sexual, emotional, mental and economic violence;
To be free from all forms of slavery and prostitution;
To vote, run for election and hold public office;
To represent the country internationally; and
To acquire and change nationality and citizenship.

SECTION 819. General Policy. The City shall recognize women and men as equal partners in
development and community-building by ensuring that equal shares in all the productive, domestic,
community and decision-making work. The City shall also strive to uplift the conditions of women
and enhance their full potentials as individuals and as members of their communities by making all
its policies, programs and services, support systems and other development mechanisms in the
entire city, gender responsive.
To attain the foregoing policy, all agencies, offices, departments, institutions and other
organizations in the city and barangay levels shall:

Mainstream gender and development in their respective plans, programs, projects, services
and activities in order to address gender issues;
Utilize their GAD budget for the gender mainstreaming undertakings;
Ensure that women and men equally contribute to and benefit from all their programs,
projects, services by integrating the gender perspective in all the development cycle
processes, planning programming, budgeting, implementing, monitoring and evaluation;
Institute affirmative action’s for women as critical strategy to enhance the participation of
women, especially the marginalized;
Monitor and evaluate the gender-responsive programs and projects of the local
government, other agencies and institutions;
Eliminate gender biases in all policies, systems and procedures and maintain these to be
non-discriminatory and non-sexist; and
Develop and strengthen mechanisms for oversight, technical support, consultation and
coordination on Gender and Development.

VIOLENCE AGAINST WOMEN AND CHILDREN

SECTION 820. Violence against Women and Children, Defined. In accordance with Republic Act
No. 9262 otherwise known as Anti-Violence against Women and Children Act of 2004, violence
against women and children is defined as any act or series of acts committed by any person against
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a woman who is his wife, former wife, against a woman with whom the person has or had sexual or
dating relationship, or with whom he has a common relation or against her child whether legitimate
or illegitimate within or without the family abode which result in or is likely to result in physical,
sexual, psychological harm or suffer or economic abuse including threats of such acts, battery,
assault, coercion, harassment or arbitrary deprivation of liberty. It includes, but is not the following
acts:
1. Physical Violence – refers to acts that include bodily or physical harm;
2. Sexual violence – refers to an act which is sexual in nature, committed against a women or
her child. It includes, but is not limited to:
a. Rape, sexual harassment, acts of lasciviousness, treating a woman or her child as sex
object, making demeaning and sexually suggestive remarks, physically attacking the
sexual parts of the victim’s body, forcing him/her to watch obscene publications and
indecent shows or forcing the woman or her child to do indecent acts and/or making
films thereof, forcing the wife and mistress/lover to live in the conjugal home or sleep
together in the same room with abuser;
b. Acts using or attempting to cause the victim to engage in any sexual activity force, threat
or force, physical or other harm of threat of physical or other harm coercion; and
c. Prostituting the woman or her child.
3. Psychological Violence – refers to acts or omissions causing or unlikely to cause mental or
emotional suffering of the victim such as but not limited to intimidation, harassment, stalking,
damage to property, public ridicule or humiliation, repeated verbal abuse and marital
infidelity. It includes causing or allowing the victim to witness the physical, sexual or
psychological abuse of a member of the family to which the victim belongs, or witness
pornography in any form or to witness abusive injury to pets or to unlawful or unwanted
deprivation of the right to custody and/or visitation of common children.
4. Economic Abuse - refers to acts that make or attempt to make a woman financially
dependent, which include, but is not limited to the following:
a. Withdrawal of financial support or preventing the victim from engaging in any legitimate
profession, occupation, business or activity, except in cases wherein the other
spouse/partner objects on valid, serious or moral grounds as defined in Article 73 of the
Family Code;
b. Deprivation or threat of deprivation of financial resources and the right to use and
enjoyment of the conjugal or community property owned in common;
c. Destroying household property; and
d. Controlling the victim’s own money or properties or solely controlling the conjugal
properties or money.

SECTION 821. Situational Analysis. Women, throughout the lifespan, are vulnerable to violence
because they are women. Violence against women is the result of unequal power relations between
women and men. Behind these power relations is patriarchy – the social structure that is
constructed, reinforced and perpetuated by socio-political institutions put in place by men and
thereby ensure that men, by virtue of their gender, have power and control over women and
children. Like her Filipina sister, a number of Masbateño women suffer from the following forms of
violence: Wife abuse of domestic violence, abuse of women of intimate relationships, rape (including
marital rape), incest, sexual harassment, sex discrimination, forced prostitution, trafficking and
custodial abuse of women/child patient, ward or detainee.

SECTION 822. Right to be free from all forms of violence. Women have the right to be free and
secured from any acts or threats of violence, whether they be occurring in the home or in their
community. The fear of violence and harassment is a permanent constraint to women’s mobility and
limits their access to resources and basic activities.

SECTION 823. Acts of Violence against Women and Children. The crime of violence against women
and children is committed through any of the following acts and shall be punished according to the
rules set by Republic Act No. 9262:

1. Causing physical harm to the woman or child; constituting attempted, frustrated or

consummated parricide or murder or homicide ;
2. Threatening to cause the woman or her child physical harm;
3. Attempting to cause the woman or her child physical harm;
4. Placing the woman or her child in fear of imminent physical harm;
5. Attempting to compel or compelling the woman or her child to engage in conduct which the
woman or her child has the right to desist from, or to desist from conduct which the woman or
her child has the right to engage in or attempting to restricting the woman’s or her child’s
freedom of movement or conduct by force or treat of force, physical or other harm, or
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 intimidation directed against the woman or her child, this shall include but not limited to, the
following acts committed with the purpose or effect of controlling or restricting woman’s or her
child’s movement or conduct:
a. Threatening to deprive or actually depriving the woman or her child of custody or access
to her/his family;
b. Depriving or threatening to deprive the woman or her children of financial support legally
due her or her family or deliberately providing the woman’s children insufficient support;
c. Depriving of threatening to deprive the woman or her children of a legal right; and
d. Preventing the woman in engaging in any legitimate profession, occupation business of
activity, or controlling the victim’s own money or properties, or solely controlling the
conjugal or common money, or properties.
6. Inflicting or threatening to inflict physical harm on oneself for the purpose of controlling her
actions or emotions;
7. Causing or attempting to cause the woman or her child to engage in any sexual activity which
does not constitute rape, by force or threat force, physical harm or through intimidation
directed against the woman or her child or her/his immediate family;
8. Engaging in purposeful, knowing or reckless conduct, personally or through another that
alarms or causes substantial emotional or psychological distress to the woman or her child.
This shall include, but not limited to the following acts:
a. Stalking or following the woman or her child about in public or private places;
b. Peering in the window or lingering outside the residence of the woman of her child;
c. Entering or remaining in the dwelling or on the property of the woman or her child
against her/his will;
d. Destroying the property and personal belongings or inflicting harm to animals or pets of
the woman or her child; and
e. Engaging in any form of harassment or violence.

Causing mental or emotional anguish, public ridicule or humiliation to the woman or her child,
including but not limited to, repeated verbal and emotional abuse, and denial of financial support
or custody of minor or denial access to the woman’s child/children; shall be punished
accordingly.

SECTION 824. Duties of Public Officials and Workers.

1. Prosecutors/court personnel. Prosecutor and court personnel shall observe the following
duties when dealing with victim;
a. Communicate with the victim in language understood by the women or her child; and
b. Inform the victim of her/ his rights including legal remedies available and procedures,
and privileges for indigent litigants.
2. Barangay Officials and Law Enforcers. Barangay officials and law enforcers shall have
the following duties:
a. Respond immediately to a call for help or request for assistance or protection of the
victim by entering the dwelling if necessary whether or not protection order has been
issued and ensure his or her safety;
b. Confiscate any deadly weapon in the possession of the perpetrator or within plain
view;
c. Transport or escort the victim to safe place of his/ her choice or to a clinic or hospital;
d. Assist the victim in removing personal belongings from the house;
e. Assist the barangay officials and other government officers and employees who
respond to call for help;
f. Ensure the enforcement of the Protection Orders issued by the courts;
g. Arrest the suspected perpetrator even without a warrant when any of the acts or
violence defined is occurring, or when he/she has personal knowledge that any acts
of abuse has just been committed, and there is imminent danger to the life or limb of
the victim; and
h. Immediately report the call, for assessment or assistance by the Department of Social
Welfare Office of the local government units or accredited Non-Government
Organization, any barangay official or law enforcer who fails to report the incident
shall be liable for a fine not exceeding Ten Thousand Pesos or whenever applicable,
criminal, civil or administrative liability.

3. Healthcare Provider. Any healthcare provider, including, but not limited to, an attending
physician , nurse, clinician, barangay health worker, therapist or counselor who suspects
abuse or was informed by the victim of violence shall:
a. Properly document any of the victim`s physical, emotional or psychological injuries;
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 b. Properly record any of victim`s suspicions , observations and circumstances of the
examination or visit;
c. Automatically provide the victim free of charge a medical certificate concerning the
examination or visit;
d. Safeguard the records and make them available to the victim upon request at actual
cost; and
e. Provide the victim immediate and adequate notice of rights and remedies provided
under the law, and services available.

4. Other Government Agencies and Local Government Units. As mandated by the law,
other government agencies and Local Government Units shall establish programs such
as, but not limited to, information and education campaign and seminars, symposia on
the nature, causes, incidence and consequences of such violence particularly towards
educating the public on its social impacts.

It shall be the duty of the concerned government agencies and Local Government Units
to ensure the sustained education and training of their officers and personnel on the
prevention of violence against women and their children.

SECTION 825. Rights of Victims. In addition to their rights under existing laws, victims of violence
against women and their children shall have the following rights:

1. To be treated with respect and dignity;

2. To avail of the legal assistance from the City Prosecutor’s Office, Public Attorney’s Office
of the Department of Justice or any public legal assistance office;
3. To be entitled to support services from the Department of Social Welfare and
Development and Local Government Units;
4. To be entitled to all legal remedies and support as provided for under the Family Code;
and
5. To be informed of their rights and the services available to them including their right to
apply for a protection order. (Sec. 35, Republic Act 9262).

VIOLENCE AGAINST WOMEN IN THE GENERAL COMMUNITY

SECTION 826. Violence against Women and Children in the General Community. Physical, sexual
and/or psychological violence occurring in the community and institutions including but is not limited
to rape, sexual abuse, sexual harassment and intimidation, trafficking and prostitution.

SECTION 827. Definition of Rape; When and How it is Committed. Republic Act No. 8353 otherwise
known as the Anti-Rape Law of 1997, classified rape as a crime against person. Rape is committed-

1. By a man who shall have carnal knowledge of a woman under any of the following
circumstance;
a. Through force, threat, or intimidation;
b. When the offended party is deprived of reason or otherwise unconscious;
c. By means of fraudulent machination or grave abuse of authority; and
d. When the offended party is under twelve years of age or is demented, even though
none of the circumstance mentioned above is present.
The following are aggravating/qualifying circumstances:
1. When the victim is under eighteen years of age and the offender is a parent,
ascendant, step-parent, guardian, relative by consanguinity or affinity within the third
civil degree, or the common-law spouse of the parent of the victim;
2. When the victim is under the custody of the police or military authorities or any law
enforcement or penal institutions;
3. When the rape is committed in full view of the spouse, parent, any of the children or
other relatives within the third civil degree of consanguinity;
4. When the victim is a religious engaged in legitimate religious vocation or calling and is
personally known to be such by the offender before or at the time of the commission
of the crime;
5. When the victim is below seven years old;
6. When the offender knows that the afflicted with Human Immuno-Deficiency Virus/
Acquired Immune Deficiency Syndrome or any other sexually-transmitted disease
and the virus or disease is transmitted to the victim;
7. When committed by any member of the Armed Forces of the Philippines or para-
military units thereof or the Philippine National Police or any law enforcement agency
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 or penal institution, when the offender took advantage of his position to facilitate the
commission of the crime;
8. When by reason or on the occasion of the rape, the victim has suffered permanent
physical mutilation or disability;
9. When the offender knew of the pregnancy of the offended party at the time of the
commission of the crime; and
10. When the offender knew of the mental disability, emotional disorder and/or physical
handicap of the offended party at the time of the commission of the crime;

2. By any person who, under any of the circumstance mentioned in paragraph 1 hereof,
shall commit an act of sexual assault by inserting his penis into another person’s mouth
or anal orifice, or any instrument or object, into the genital or anal orifice of another
person.

SECTION 828. Sexual Harassment. Sexual harassment is any form of unwelcome sexual advances,
requests for sexual favors, or other verbal or physical conduct of a sexual nature.
Republic Act No. 7877 otherwise known as the Anti-Sexual Harassment Act of 1995
(approved February 14, 1995) defines sexual harassment in work, education or training to be an act
committed by an employer, employee, manager, supervisor, agent of the employer, teacher,
instructor, professor, coach, trainer, or any other person who, having authority, influence or moral
ascendancy over another in a work or training, or education environment, demands, requests or
requirement for submission is accepted by the object of said Act.
Including those acts provided for under Republic Act No. 7877 and Act No. 3815 or the
Revised Penal Code, sexual harassment shall be committed in the following manner:

1. In a work-related or employment environment, sexual harassment is committed when:

a. The sexual favor is made as a condition in the hiring or in the employment, re-
employment or continued employment of said individual, or in granting said individual
favorable compensation, terms, conditions, promotion or privileges,; or the refusal to
grant the sexual favor results in limiting, segregating, or classifying the employee
which in anyway would discriminate, deprive or diminish employment opportunities or
otherwise adversely affect said employee;
b. The above acts would impair the employee`s rights or privileges under existing labor
laws; or
c. The above acts would result in an intimidating, hostile, or offensive environment for
the employee.

2. In an education or training environment, sexual harassment is committed:

a. Against one who is under the care, custody or supervision of the offender;
b. Against one whose education, training , apprenticeship or tutorship is entrusted to the
offender;
c. When the sexual favor is made a condition to the passing grade, or the granting of
honors and scholarships, or the payment of a stipend, allowance or other benefits,
privileges, or considerations; or
d. When the sexual advances result in an intimidating, hostile or offensive environment
for the student, trainee or apprentice.
Any person who directs or induces another to commit any act of sexual harassment as
herein defined, or who cooperates in the commission thereof by another without which it
would have not been committed, shall also be held under this act.

3. Other acts of sexual harassment are as follows:

a. Persistent telling of offensive and humiliating jokes, such as green jokes or other
analogous terms, to the victim;
b. Taunting the victim with constant talk about sex and sexual intercourse;
c. Displaying offensive, indecent and lewd pictures and publications in the workplace;
d. Asking the victim about personal matters related to her or his sexual life while the
victim is applying for personal advancement opportunities such as employment,
promotion , scholarship, and training;
e. Making offensive and indecent gestures to the victim;
f. Badgering the victim repeatedly for dates and other similar requests despite previous
rejections by the victim;
g. Staring or leering maliciously to the victim;
h. Touching, pinching or brushing against the victim`s body maliciously;
i. Kissing or embracing the victim without his or her consent ;

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 j. Asking sexual favors from the victim in exchange of good grades, job or a promotion;
k. Cursing, whistling, or using words with sexual connotations and which tend to
embarrass or humiliate the victim;
l. Requiring women to wear sexually suggestive or provocative attires for interviews for
job hiring, promotion, and other similar activity;
m. Committing unnecessary acts to the victim`s body and genitalia during physical or
medical examination.

Any person who commits any of these acts, or directs or induces another to any act of
sexual harassment shall be held liable under Republic Act No. 7877 and Act No. 3815.

SECTION 829. Prostitution. The City shall pursue a policy that recognized prostitution as a form of
abuse of women and/or children and shall address it as a development concern. The City shall not
condone an act or acts of prostituting women and children, including, but not limited to perpetrating,
condoning, and benefiting from prostitution. The woman who is engaged in prostitution, or any third
party who has knowledge on the act of buying or pimping or solicitation of sexual services, may file a
complaint in the proper court against the pimp and customer.
Law enforcers shall respect and uphold women’s human rights and rights to a due process
during conduct of raids in entertainment establishments. Violators of this provision shall be subjected
to criminal and/or administrative sanctions.

SECTION 830. Soliciting Sexual Services from Women. No person shall solicit or buy sexual
services from a woman for purposes of personal gratification or as a gift or aid in representation,
public relations or as an act of goodwill regardless of whether or not a profit was derived from such
act without prejudice to the provision of the Revised Penal Code.

SECTION 831. Violence Against Women and Children in Armed Conflict. It shall be a violation of
women’s right to commit systematic rape, sexual slavery and forced pregnancy against women
during situations of armed conflict.

Women and children shall not be deprived of their rights to social services such as food, health,
services and education, even during armed conflict situations and conduct of military operations.
Violators of this provision shall be penalized under existing laws.

SECTION 832. Keeping Women And Children for Comfort. Women and children shall not be kept in
the police or military detachment, checkpoints or analogous quarters for purpose of comfort. Any
violation shall be penalized under existing laws.

OTHER FORMS OF VIOLENCE AGAINST WOMEN

SECTION 833. Violation of Women’s Reproductive Rights. Violence against women shall also
include forced sterilization, forced abortion, coercive use of contraceptives to the women, infanticide,
and prenatal sex selections. Any violations shall be punished in accordance with existing laws.

SECTION 834. Mail-Order Bride. Republic Act No. 6955 (Approved June 13, 1990) otherwise known
as the Mail-Order Bride Law declares unlawful:

1. For any person, natural or juridical, association, club or any other entity are prohibited
to commit directly or indirectly, any of the following acts:
a. To establish or carry on a business which has for its purpose the matching of
Filipino women for marriage to a foreign nationals either on a mail-order basis or
through personal introduction;
b. To advertise, publish, print or distribute or cause the advertisement, publication,
printing or distribution of any brochure, filer, or any propaganda material
calculated to promote the prohibited acts in the preceding subparagraph;
c. To solicit, enlist or any manner attract to include any Filipino women to become a
member in any club or association whose objective is to match women for
marriage to foreign nationals either on a mail-order basis or through personal
introduction for a fee; and
d. To use the postal service to promote the prohibited acts in subparagraph 1 hereof.
2. For the manager or officer-in-charge or advertising manager of any newspaper,
magazines, television or radio stations, or other media, or of an advertising agency,
printing company or other similar entities, to knowingly allow, or consent to the acts
prohibited in the preceding paragraph.

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In case of violation in the above provision by an association, club, partnership, corporation, or any
other entity, the incumbent officers thereof who have knowingly participated in the violation of this
Acts shall be held liable.

SECTION 835. Pedophilia. The City Government shall not condone any occurrences or acts that
constitute pedophilia, as follows:
1. When the offender shall have sexual intercourse with a girl;
2. When the offender shall have anal intercourse with a girl or boy; and
3. Sexual acts other the above mentioned, including custodial abuse.
It shall be unlawful for any person who shall or have in his company a minor, twelve years or under
or who is ten years or more junior in any public or private place, hotel, motel, beer joint, discotheque,
cabaret, pension house, sauna or massage parlor, beach and or other tourist resort, or similar
places, provided:
That this provision shall not apply to any person who is related within the fourth degree of
consanguinity or affinity or any bond recognized by law, local custom and tradition, or acts in the
performance of a social, moral or legal duty.
Any person who shall induce, deliver or offer a minor to anyone prohibited by this Act to
keep, to have in his company a minor as provided in the preceding paragraph shall suffer the penalty
accordingly.

SECTION 836. Pornography Materials. It shall be unlawful for any person to print, publish, display or
distribute scenes from TV shows or motion pictures, posters, billboards, literature and other visual
materials that treat women as sex objects or commodities. Violators shall be penalized in
accordance with law.

SECTION 837. Indecent Shows. Indecent shows, as used in this Code, include nude and other
provocative shows, public or private, which exhibit women and children as sex objects. As such, it is
a violation of human rights to influence or force a woman or child to dance naked in public or private
places for commercial or entertainment purposes. Persons or agencies engaging in such shows,
public or private, shall be penalized in accordance with law.

SECTION 838. Beauty Contest. Exposure of a woman’s body in any beauty contests that tend to
commodify women’s bodies shall be considered a form of violence against women.

SECTION 839. Monitoring of Entertainment Establishments. A City Task Force shall be created to
monitor activities of entertainment establishments and recommend appropriate actions for the
violators.

SECTION 840. Database and Analysis of Local Information and Statistics on Violence against
Women. All concerned agencies, offices, institutions, Government Owned and Controlled
Corporations, and other organization of the City shall develop/enhance and maintain a database of
information and statistics on all forms of violence against women. The statistics and data shall also
be systematically analyzed by the agency concerned and shall periodically submit them to the
Masbate City Gender and Development Commission.

HEALTH

SECTION 841. Right to Health. Enjoying the highest attainable standard of physical and mental
health is a basic right of women. It is vital to their life and well-being, physical, social, mental and
their ability to participate in all areas of life. Attainment of this right entails women’s equal access to
and use of basic resources and equal opportunities for the protection, promotion, and maintenance
of their health. Through their lifespan, women must enjoy this right, in equality with men.

SECTION 842. Reproductive Right. Women have the right to a satisfying, safe sex life, the capability
to reproduce and the freedom to decide when and how often to do so, subject to their constitutional
provision on the sanctity of human life. Women, especially, must exercise their right to have control
over and decide freely and responsibly on matters relating to their reproductive and sexual health,
fertility, sexuality, free from coercion, discrimination and violence.

SECTION 843. Reproductive Health. Reproductive health is a state of complete physical, mental
and social well-being and not merely the absence of disease and infirmity in all matters relating to
the reproductive system and to its functions and processes. Reproductive Health care enables
women and men to have a satisfying safe sex life, the capability to reproduce and the freedom to
decide, when and how to do so.

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SECTION 844. Gender-Responsive Situational Analysis on Health. Women have different and
unequal access to the use of basic health services and resources. Likewise, different and unequal
opportunities for the protection, promotion and maintenance of their health remain. Because of
gender stereotyping, there is also a need to enhance local policies and programs on health so that
they will consider disparities and other differences among women and the need for autonomy of
women on their health.

SECTION 845. Comprehensive Public Health Care Delivery System. The City of Masbate shall
ensure that health care programs and medical services are gender sensitive and adequately
provided throughout the life cycle of women and men. As such, all programs and services shall be
developed, upgraded, and made available, adequate, accessible, and affordable by the local
government to all women and men, without delay and discrimination.
Women, however, because of their different but equally important health concerns need to be
addressed at every stage of their lives. The programs shall not only be about family planning
services but shall also include concerns on sexuality, reproductive tract infection, gender relations
and violence against women.
With regards family planning programs, access to safe, effective, equality, affordable, and
acceptable methods of their choice for regulation of fertility shall be ensured. All methods
techniques, and services, except abortion, and abortifacient shall be made available to women and
men.

SECTION 846. Budget for Women’s Health. A reasonable portion of the health budget of City
Government shall be allocated for the health services for women.

SECTION 847. Gender Sensitivity of Pre-Marital and Family Planning Education and Counseling.
Pre-marital and family planning education and counseling program of the City Government shall be
made gender sensitive through integration of the gender perspective in modules and materials.
Likewise, educators and counselor shall also undergo on trainings gender sensitivity and on
women’s sexuality and health concerns.
The program shall be jointly undertaken by the Masbate Gender and Development
Commission, the City Health Office, City Population Office, City Social Welfare Office, and other
agencies or organizations as may deemed necessary.

SECTION 848. Women’s Control Over their Bodies. Health professionals, private and public, shall
facilitate, at minimal cost, women’s decision on preventing and controlling their pregnancy, except
abortion.

SECTION 849. Health Services for Working Women. Companies, as well as labor intensive
establishments, shall be required to provide health related services to their women employees on a
regulatory basis.

SECTION 850. Health Services for Indigent Women. The local government health program shall
make it a paramount concern to provide comprehensive health services for the indigent women and
to ensure that these are available, adequate, accessible, and affordable at all times.

SECTION 851. National Health Insurance Program. The City Government shall avail the services of
the National Health Insurance Program especially for indigent women and their families.
Counterpart budget for this program shall be provided for by the national and provincial government.

SECTION 852. Database and Gender Analysis of Local Information and Statistics on Health. All
concerned agencies, offices, institutions, Government Owned and Controlled Corporations ,and
other organizations at the City/Municipality/Barangay shall develop/enhance and maintain a
database of sex-disaggregated information and statistics on health and health care delivery. The
statistics and data shall also be systematically analyzed by the agency concerned and shall
periodically submit them to the City of Masbate Gender and Development Commission.

EDUCATION

SECTION 853. Right to Education. Education is a basic right guaranteed by our Constitution hence,
it must be available, accessible, and affordable to all women and men, girls and boys. Women’s
literacy and education is essential to improving their health, nutrition, decision-making, and
education in their family. Services and opportunities on education must be non-discriminatory and
gender responsive.

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SECTION 854. Gender-Responsive Situational Analysis. There is a need to ensure the equal access
to and attainment of education among women and men, boys and girls, at all levels. Literacy among
women at all ages needs to be promoted because it is an important key to their well-being and
empowerment. Gender stereotyping and biases must also be removed from the methods of teaching
and materials. There is also a need to promote gender and development awareness among the
educators and make them agents of change in the society.
It must be ensured that all educators at all levels, are gender sensitive and aware of
concerns and issues of women. Their gender capacities must include critical judgment and analytical
skills on gender issues.

SECTION 855. Gender Sensitive Curricula and Education Materials. The local government of
Masbate at the city and barangay levels must create an educational and social environment that is
not discriminatory and encourage the attainment of full potentials of women and men, girls and boys.
Stereotype images, which depict and reinforces traditional female and male roles, must be
eliminated in curricula and educational material.

SECTION 856. Career and Vocational Guidance for Women. The schools in Masbate shall actively
promote gender-sensitive career counseling and vocational guidance to broaden women’s career
options and encourage to pursue academic and technical courses that may not necessarily be in
accordance with women’s traditional roles.

SECTION 857. Literacy and Continuing Education for Women. Special classes for poor and
marginalized women shall be held during weekends in elementary and barangay high schools to
facilitate working women’s access to education. All women desiring to engage in male-dominated
functional and practical education shall be enlisted in adult education program, which shall be set up
in the city and all its barangays.

SECTION 858. Scholarship and Study Grants. The City Government shall make scholarships and
study grants available for women and men, girls and boys, and shall ensure that the rules,
regulations, and procedures regarding scholarships and grants are not discriminatory.

SECTION 859. Local Culture and Arts. The City Government shall develop and promote local
culture, artist, crafts and arts; preserve, promote the positive local practices, traditions and arts of
and in the communities.

SECTION 860. Sports and Physical Education. The City Government shall promote sports and
physical education among women and men of all ages. It must be gender sensitive and non-
discriminatory to both women and men.

SECTION 861. Mass Media. As a powerful medium of education, the City Government shall
encourage the local mass or popular media and promote among local media practitioners to observe
gender sensitivity, be aware of gender issues and concerns, and promote women’s empowerment
and gender equality. It shall ensure the participation of the media in all its gender and development
endeavors in accordance with the public’s right to information.

SECTION 862. Generation and Gender Analysis of Local Information and Statistics on Education. All
concerned agencies, offices, institutions, Government Owned and Controlled Corporations ,and
other organizations at the City shall develop/enhance and maintain a database of sex-disaggregated
information and statistics on education. The statistics and data shall also be systematically analyzed
by the agency concerned and shall periodically submit them to the City of Masbate Gender and
Development Commission.

LABOR AND EMPLOYMENT

SECTION 863. Right to Work. The Labor Code of the Philippines mandates that women, in equality
with men, must enjoy the same rights in the field of employment, which include the right to work as
an inalienable right to all human beings; the right to the same employment opportunities; the right to
free choice of profession and employment, job security, trainings; the right to equal remuneration
and benefits and to equal treatment in respect of work of equal value; the right to social security; and
the right to safe working conditions.

SECTION 864. Situational Analysis. Gender concerns in the field of employment need to be
addressed deliberately. Their well-being, access to opportunities and benefits and participation in the
fields of enumerated work must be ensured at all times. As well, there is a need to promote equal
sharing of family responsibilities and sufficient services such as childcare.

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SECTION 865. Orientation on Sexual Harassment. All agencies, offices, establishments, both
government and private, shall conduct or attend orientation on sexual harassment.

SECTION 866. Grievance Mechanism on Sexual Harassment. As provided by law, all offices,
agencies, institutions, organizations and/or other establishments, both government and private, shall
set up internal grievance mechanism for sexual harassment cases.

SECTION 867. Gender-Sensitive Physical Infrastructure. All offices, agencies, institutions,

organization and/or other establishments, both government and private, shall be required to adopt
gender sensitive physical infrastructures. As such, the City Government shall ensure that women’s
concerns and needs are integrated in the design of buildings, public utilities, transportation,
terminals, roads, bridges, access facilities, business establishments, and other physical
infrastructure.

SECTION 868. Monitoring the Gender Sensitivity of Physical Infrastructure. To ensure the
compliance on the provision on the gender sensitivity of physical infrastructures that will be set up,
the City Government, through the Masbate Gender and Development Council, shall organize a City
Monitoring Team composed of the city Engineering Office, City Social Welfare and Development
Office, and other offices that may be deemed relevant. The monitoring team shall develop the
procedures, indicators, forms and other tools necessary to carry out its mandate.

SECTION 869. Facilities and Support Systems for Women. The City Government shall uphold and
protect the safety and health of women employees by requiring to the employers, as may be
appropriate, the provision of:
1. Seats for women employee’s use during working hours and rest/free time;
2. Separate toilet rooms, lavatories, dressing room, and lounge for men and women;
3. Day care room, nursery and/or breastfeeding area; and
4. Other facilities that address the unique and differential needs of women and men
employees.
Non-compliance to this provision shall be dealt with in accordance with the Labor Code and its
Implementing Rules and Regulations.

SECTION 870. Tax Incentives for Business Entities. The City Government shall grant the following
tax incentives:
1. For the establishment, maintenance and operation of the child day care support system;
2. Annual tax credit per child regularly served for at least one year in the center;
3. Annual tax credit per woman extended with maternity care benefits for breastfeeding; and
4. Annual tax deductions for any establishment that support solo parents, widows,
widowers, elderly, survivors of violence against women and other marginalized sectors.

SECTION 871. Monitoring System for Labor Standards. A mechanism shall be set up in the Masbate
Gender and Development Council to monitor all offices, agencies, corporation and other
establishments violating Labor Code and the provisions of this Ordinance.

SECTION 872. Equal Access to Job Training and Promotion. No woman shall be deprived of any job
trainings and promotion on account of sex, sexual preference, age, ethnicity, religion and civil status.
Violation shall be penalized in accordance with the provisions of the Labor Code and its
Implementing Rules and Regulations.

SECTION 873. Wage and Benefits for Women. All employers must comply with the provision of the
minimum wage as stipulated by the Regional Wage Board and as provided for by law. Employers
are also required to grant their women employees benefits such as maternity leave, sick, vacation
leave, retirement benefits as may be provided by law. Violation shall be penalized in accordance
with the provision of the Labor Code and its Implementing Rules and Regulations.

SECTION 874. Reproductive Health Services. All agencies, organization and establishment, public
and private shall provide reproductive health services to working women, regardless of civil status.
Violation shall be penalized in accordance with the Labor Code and its Implementing Rules and
Regulations.

SECTION 875. Support for House helpers. As mandated under Republic Act No. 7655 or An Act
increasing the Minimum Wage of Househelpers, Amending for the Purpose Article 143 of
Presidential Decree No. 442, as Amended, all employees shall comply with the minimum wage
requirements for househelpers. In addition, all municipal government shall promote the provision of

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support for education of the househelpers by their employers. The City Government shall also
protect house helpers from any physical and sexual abuses.

POLITICAL AND PUBLIC LIFE

SECTION 876. Right to Participate in Power and Decision-Making. Women have the equal right to
take an active part in the affairs of the government. Women, on equal terms with men, have the right
to participate in the formulation of government policy and implementation thereof, to hold public
office and perform all public functions at all levels of government. Women’s autonomy and the
improvement of their political status is essential to the achievement of a participatory, just,
transparent and accountable government and administration and sustainable development.

SECTION 877. Situational Analysis. Women’s participation in governance continues to be limited.

There is a need to implement mandates on women’s representation in local decision-making bodies.
Raising the people’s awareness on women’s issues and gender concerns must also be a regular
undertaking of the local government. Local officials need to be aware and supportive of gender and
development and gender mainstreaming.

SECTION 878. Observance of Women’s Celebrations. In accordance with international and national
declarations, the City Government through the Masbate City Gender and Development Commission
shall spearhead the commemoration and observance of the following events on their respective
dates and objective:

Date Event Objective

March Women’s Month/Annual City Highlight the importance of women
Gender and Development or in nation building; ensure the
Women’s Summit implementation of Gender and
Development Code and provide
annual review of Gender and
Development programs
March 8 International Women’s Day
September 4 Family Thanksgiving Day Highlight the importance of
strengthening and promoting the
unity, solidarity and stability of the
Filipino family on the bases of
empowerment, equality and
respect .
October National Children’s Month Emphasize the importance of
Filipino children to the Filipino family
and society.
October 15 Rural Women’s Day Highlight the role of rural women
and their contributions to the local
economy and food security.
November 25 to Annual 16-Day Campaign on the
December 10 Elimination of Violence against
Women
November 25 International Day for the
elimination of Violence against
Women
December 10 International Human Rights Day

SECTION 879. Organization of Women in the Barangay. The City Governments, through the
Masbate Commission for Gender and Development and the Department of Interior and Local
Government, shall encourage and assist the organization of women on various sectors at the
barangay level.

SECTION 880. Creation of City and Barangay Coalitions of Women. The City Government, through
the Masbate Gender and Development Commission and Department of Interior and Local
Government, shall encourage and assist the organization of women’s coalition at the city. The
coalitions shall be composed of various accredited women organizations and federations in the city
and barangay levels. Organizations with multiple chapters at the barangay level shall be classified
as federations. Federation shall be formed by combining organizations with similar constitution and
by-laws.

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 Accreditation of the women’s organizations shall be done by the concerned local legislative
councils, in accordance with a set of criteria that would be developed in consultation with women’s
organizations.

SECTION 881. Women’s Sectoral Representative in the Sangguniang Panlungsod. In compliance

with Republic Act 7160, a seat for women’s sectoral representative shall be reserved in the
Sangguniang Panlungsod through the enactment of a City Ordinance one year after the approval of
this Code.

SECTION 882. Women’s Representation in Local Development Councils. In compliance with

Republic Act 7160, women shall have representations in the existing local development councils of
Masbate such as the City Development Council and the Barangay Development Council to
strengthen the government’s recognition of women’s potentials in both levels of government.
Criteria for the selection of representatives will be formulated by the Masbate Gender and
Development Commission through consultative meetings with women’s organizations to ensure
optimum participation of concerned women’s organizations.

SECTION 883. Women in Peacekeeping Efforts. In all peacekeeping related efforts of the City
Government, women’s organizations shall be formally consulted. Hence, all government decisions
on peacekeeping shall be done in consideration of the results of the consultation/s with women.

SECTION 884. Women in Law Enforcement Positions. Subject to the set qualifications of the
positions, all women shall have equal opportunity and support to assume key law enforcement
positions.

SOCIO-ECONOMIC CONCERNS

SECTION 885. Other Economic Rights. On the basis of equality with men, women have the right to
ownership of or access to land, natural resources, capital, credit, technology and other means of
productions through:

1. Livelihood and Micro enterprise. Ensure the provision of gender-responsive

microfinance and livelihood services including skills training, new or better technologies,
product development, market access, social insurance, health and other basic services.
2. Increase Capital for Women. The City Government shall enhance access in socio-
economic assistance. In line with this, all local departments, agencies engaged in socio-
economic programs shall open a separate lending window for women and/or enhance
their capital assistance and/or subsidy to women preferably through a community bank
approach.
3. Socialized Lending Scheme. Women shall not be deprived of any access to credit. All
banks and financial or lending institutions and cooperatives shall open special lending
windows for women and enhance their policies and procedures towards increasing
women’s credit. In line with this, they shall establish a women-friendly socialized lending
scheme with the following policies/requirements:
1. Bank rate interest;
2. No post-dated checks; and
3. Certificate of Income Generating Activity from the City Mayor.

Non-compliance of this section of this Code shall be reported to regulating government agency
concerned for its appropriate and immediate action.

SECTION 886. Access to Safe Water. The City shall ensure that all barangays in Masbate City shall
adopt measures to provide easy access to safe water. Appropriate systems shall be installed to ease
workload of women and girl/child.

SECTION 887. Land for Women-Headed Households and Landless Families. Qualified women-
headed household and landless families shall be given preference to equitable distribution of
disposable public idle land.

SECTION 888. Promotion of Land-Based Projects and Women-Friendly Technology. Women should
have full access and control over the maximum utilization of land and other indigenous resources.
The City Government shall promote and support land-based subject to promote food security for the
rural women, instill collectivism and ensure the development and utilization of women-friendly
technology.

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SECTION 889. Sustainable and Safe Environment. The City Government and all barangays shall
protect the well-being of women and men and their families by ensuring environment-friendly
development program and practices and by promoting community awareness on the preservation of
the natural environment.

SECTION 890. Promotion of Environment-Friendly Technologies. No local government units shall

act as agent of inorganic fertilizers, herbicides, and pesticides. Violation shall be dealt with in
accordance with provision Local Government Code, Civil Service Law, Anti-graft and Corrupt
Practices Act, and other applicable special laws.

SPECIAL CONCERNS

SECTION 891. Rights of Differently-Abled Women. Differently-abled women shall not be doubly
discriminated because of their special living condition. They are entitled to enjoying the same rights
to equal access to education and employment, health services and social security and to ensure that
they can participate in all areas of public life.
Active advocacy on the rights of differently-abled women shall be conducted by the Masbate
Gender and Development Commission and concerned agencies or offices. Recognizing their
differential conditions and full potentials as human beings, the City Government shall develop
creative employment opportunities for differently-abled women.

SECTION 892. Special Education for Differently-Abled Women. The City Governments shall develop
implement special education programs towards the well-being and empowerment of differently-abled
women and men as provided for under Republic Act No. 7277 or the Magna Carta for Disabled
Persons.

SECTION 893. Reporting of Cases of Harassment Committee against Differently-abled Women.

The City Government through the Masbate Gender and Development Committee shall require all
barangays to address and report cases of harassment committed against differently-abled women
and children.

SECTION 894. Rights of Elderly Women. Women have the right to enjoy all human rights and
fundamental freedom for all women, regardless of age.

SECTION 895. Organization of the Elderly Women. The City shall create committee of the elderly
women in order to advance the interests of this special group of women. The Masbate
Comprehensive Center for Women shall provide for a venue for the elderly that would render them
adequate support services.

SECTION 896. Support Funds for the Elderly Persons. In support for the elderly, funds shall be
allocated for the implementation of the following programs and services for the elderly, emergency
assistance, routine physical checkup, social work group program, and appropriate socio-economic
activities.

SECTION 897. Support to Women in Detention. The right of all women detainees to speedy trial
shall be protected. Their specific needs as women detainees shall be given due consideration in the
programs for detainees. Specifically, a separate structure and space for detention and rehabilitation
shall be provided for women. Further, adult women offenders shall be separated from the child
offenders.

SECTION 898. The right to Choose and Practice One’s Sexual identity or Preference. Everyone has
the right to determine and live in accordance with her or his chosen sexual identity – whether as
heterosexual, lesbian, or gay shall be upheld, respected and protected.

SECTION 899. Free Exercise of Religion. Each spouse shall the right to choose her/his religious
affiliation. Likewise, children at the age of maturity shall enjoy the same. (the Family Code of the
Philippines).

MECHANISM FOR COORDINATION, IMPLEMENTATION,

MONITORING AND EVALUATION

GENERAL PROVISIONS

SECTION 900. Collective Responsibility. In accordance with the overall policy framework on
Gender and Development, the operationalization of the Gender and Development Code shall be a
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collective responsibility of the City of Masbate, specifically of the Masbate Gender and Development
Commission, local development councils, planning and development offices, agencies, offices,
GOCCs, the academe and the civil society organizations. All key players shall collaborate to
successfully implement the Gender and Development Code.

SECTION 901. Implementation of the Gender and Development Code through Gender and
Development Plans and Gender-Responsive Development Plans. The City Government, through the
City of Masbate Gender and Development Commission, shall identify province’s annual goals and
targets based on the Gender and Development Code, integrate them in the local planning and
development offices and local development councils.

SECTION 902. Monitoring and evaluation of the Gender and Development Code. The Masbate
Gender and Development Commission shall take the lead role in monitoring
implementation/operationalization and achievement of the goals of Gender and Development Code.
Masbate Gender and Development Commission shall work closely with existing local
agencies/offices/institutions/government owned and controlled corporation and the other
organizations on monitoring and valuation of programs and projects and ensure that these
mechanism include the gender perspective in their processes. Masbate Gender and Development
Commission shall also ensure that the implementers, that is, all agencies, offices, Government
Owned and Controlled Corporations, and other organization, shall monitor and evaluate the gender
responsiveness of their programs and projects.

SECTION 903. Responsibilities of all Agencies, Offices, Institutions, Government Owned and
Controlled Corporations, and other Program Implementers. All City agencies, offices, institutions,
Government Owned and Controlled Corporations s, and other government organizations, through
their Gender and Development focal points, shall effectively incorporate gender concerns identified
in this Gender and Development Code in their regular programs and services and/or enhance these
programs and services to address emerging gender issues. Hence, they shall:

1. Develop and implement their Gender and Development plans and budget through the
conduct of gender analysis of their programs/projects/activities;
2. Establish and institutionalize their Gender and Development focal point;
3. Establish and maintain sex-aggregated database on gender issues concerning their
mandates;
4. Coordinate with the Masbate Gender and Development Commission and other agencies,
offices, institutions regarding gender to integrate their programs and projects on specific
gender concerns;
5. Integrate the gender perspective and Gender and Development indicators in their
programs/project monitoring and evaluation processes;
6. Generate and maintain sex-aggregated data/information/statistics for gender analysis of
regular programs/projects;
7. Capacitate its personnel, especially planners, programs implementers, and monitors,
about gender sensitivity, gender analysis, and gender-responsive monitoring and
evaluation, among other; and
8. Submit their Gender and Development accomplishment report.

SECTION 904. Development Councils. The City Development Council play a pivotal role by ensuring
the integration of the concerns/goals of the Gender and Development in the development investment
plans.

SECTION 905. City Planning and Development Office. The City Planning and Development Offices
shall ensure the formulation of gender responsive development and investments plans and mobilize
agencies and offices to formulate their Gender and Development plans and budgets, in accordance
with the Gender and Development Code. The City Planning and Development Office shall also sit in
the executive committee of the Masbate Gender and Development Commission.

SECTION 906. Legislative Councils. The City legislative council shall provide supplemental
ordinances on gender and development, consistent with the needs identified in the Gender and
Development Code, to facilitate effective execution of interventions on gender issue.

MASBATE GENDER AND DEVELOPMENT COMMISSION

SECTION 907. Masbate Gender and Development Commission, Nature and Composition. There
shall be created a Masbate Gender and Development Commission in Masbate to serve as an
oversight body for mainstreaming gender in the city, including the implementation of Gender and
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Development programs and other laws/ordinances on emerging gender issues. The commission is
an inter-agency and multi-sectoral body comprised of representatives of government
agencies/institutions/government owned and controlled corporations s, who, at the very least,
provides the basic services/representatives of the local Sanggunian Committee on Women and non-
government organizations based at the City, working for the advancement of women. It shall be
composed of the following:
Chairperson - City Mayor
Co-Chairperson- Representative from a government agency or non-government organization

Representatives to the Commission shall be the heads of government

agencies/offices/Government Owned and Controlled Corporations, Non-Government
Organizations/coalitions or their duly designated representative Gender and Development focal
points. There must be 50/50 representation of government and non-government organizations in the
Commission.

The Commission shall create coordinating and working committees to facilitate the implementation
of rules and responsibilities. A Secretariat Office shall be established to assist the Commission in
undertaking its functions.

SECTION 908. Roles and Responsibilities. The Commission is a government body that will be
primarily responsible for providing directions, coordination and monitoring of gender and
development and women’s empowerment in the city. It shall perform the following functions:
1. Advise the Local Chief Executive on gender and development mainstreaming and the
implementation/operationalization of the Gender and Development Code. To do this, it shall
undertake consultations with agencies, offices, local women constituents and women’s
organization on specific gender issues and concerns to be addressed;
2. Spearhead the conduct of gender and development related advocacy activities;
3. Ensure the operationalization of the Gender and Development Code and the overall
mainstreaming of gender and development in Masbate. Specifically, it shall coordinate the:
a. Formulation of Gender and Development plans and gender-responsive development plans
derived from sex disaggregated and gender data;
b. Implementation of programs and projects addressing gender issues and concerns that are
undertaken by government agencies/offices/GOCCs and non-government and civil society
organizations at the City of Masbate and Barangay levels, to ensure among others, a
comprehensive, integrated, holistic and synchronized delivery of Gender and Development
related services, complementation of efforts and efficient use of resources;
c. Establishment of linkage with and among national and local government agencies/GOCCs,
local special bodies, Gender and Development focal points, non-government organizations,
academe, Gender and Development resource centers, the NCRFW and other stakeholders
for Gender and Development-related concerns;
d. Development of the Local Government Units capacities on Gender and Development by
facilitating and/or actually providing technical assistance to members of Gender and
Development focal point, planning and development offices, local legislators, program
implementers, monitors, among others; and
e. Mobilization of resources such as Gender and Development budget and the official
development assistance funds for the implementation of the Gender and Development Code
and plans, including assistance to Local Government Units in sourcing additional funds such
as those from Official Development Assistance for gender mainstreaming and women’s
empowerment.
4. Oversee and ensure the effective and sustained operationalization of Masbate Comprehensive
Women’s Center so that it will provide effective and efficient programs and services for women;
5. Spearhead the monitoring and evaluation of the implementation of the Gender and Development
Code as translated through the Gender and Development plans and gender-responsive
development plans and the utilization of the Gender and Development budget by working
closely with the local planning and development offices, the Gender and Development focal
points, the Sanggunian Committee on Women, and the women’s sectoral representative in the
Sangguniang Panlungsod;
6. Furnish the Department of Interior and Local Government and the National Commission for the
Role of Filipino Women with copies of reports on the implementation of the Gender and
Development Code and other policies.

SECTION 909. Coordinating Committees. To facilitate the coordination among agencies undertaking
programs and services on particular gender concerns, Committees shall be created in accordance
with the areas of concerns identified in the Gender and Development Code, to wit:

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 1. Coordinating Committee on Violence against Women
2. Coordinating Committee on Health
3. Coordinating Committee on Education
4. Coordinating Committee on Labor and Employment
5. Coordinating Committee on Socio-Economic Concerns
6. Coordinating Committee on Political and Public Life
7. Coordinating Committee on Special Sectoral Concerns
8. Coordinating Committee on Governance
Each committee may create sub-committees to facilitate the performance of its functions. A
representative may belong in one or more committees depending on the scope of its agency
mandates and programs.

SECTION 910. Executive Committee. The Commission shall have an Executive Committee
constituted by the Chairperson, Committee Chairperson, Secretariat, and other critical agencies.
One half of the members of the Committee must be non-government organizations.

SECTION 911. Internal Guidelines and Policies. The Commission shall come up with its internal
guidelines and policies fifteen days after the launching of the Gender and Development Code.

SECTION 912. Sufficient Funds and other Resources. As part of its Gender and Development
Budget, the City Government shall allocate from its annual budget sufficient funds and other
resources for the operations of the Masbate Gender and Development Commission.

CHAPTER XII
ECONOMIC ENTERPRISE

Article I
AUTHORIZING THE BOND FLOTATION OF THE CITY GOVERNMENT OF MASBATE IN THE
AMOUNT NOT EXCEEDING THREE HUNDRED MILLION ONLY, [P300,000,000.00] UNDER THE
TERMS AND CONDITIONS HEREIN SET TO FUND THE CONSTRUCTION AND
DEVELOPMENT OF THE PRIORITY PROJECTS AND FURTHER AUTHORIZING THE CITY
MAYOR TO NEGOTIATE, SIGN AND EXECUTE CONTRACTS OR AGREEMENTS PERTINENT
THERETO.
SECTION 913. The Mayor, in representation of the city government of Masbate herein referred to as
the CITY, is hereby authorized to issue and float “BONDS” under the terms and conditions herein set
forth and such other terms and conditions as may agreed upon with any person , corporation or
entity for the purpose of funding priority projects. In this connection, the Mayor shall have the full
power and authority to represent the City in negotiating the terms and conditions for the said BONDS
, and in signing, executing and delivering such agreements, contracts, deeds, papers and
documents as may be necessary and proper for the full and total implementation of the authority
herein granted.

SECTION 914. Unless otherwise provided in the covering construction and development contract,
trust indenture, deed of assignment, mortgage contracts and such other agreements as may be
entered into by the City in connection with the flotation of BONDS, the features, terms and conditions
of the bond flotation shall be as follows, and are hereby approved with the corresponding projects for
which the proceeds shall be utilized.

I. BONDS

Issuer : City Government of Masbate

Bond Name/Label : Aksyon Padayon Bonds

Amount : Ph 300,000,000.00 in staggered amounts as

allowed by the financial capacity of the City

Issue : Registered local government bonds of the City

Government of Masbate

Purposes : 1] Construction/Installation of cold storage

facilities & ice plant
2] Construction of Integrated Bus & Jeepney
Terminal
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 3] Construction of Auction Market with “Bagsakan”
Center
4] Construction of City Port
5] Construction of Food processing plant
6] Provision of Socialized City Employees Housing

Offering Price : 100% of Face Value

Term : Up to Seven [7] years from issue date

Form : Registered

Denomination : P1,000.00; P10,000.00;

P100,000.00; P1,000,000.00

Medium of Sale : 1] Public Offering

2] Private Placement
3] Direct payment to suppliers, contractors, and/or
project developers/proponents

Manner of Payment

Interest : Semi-annual payment;

Principal : Balloon/amortized principal repayment at the end of

the seventh [7th] year from issue date and/or principal
payment amortized over 7 years

Interest Rate : Interest shall be floating based on the weighted

average of the 182-day or 91day Philippine Treasury
Bills [T-Bill] rate, plus a spread of not more than three
[3%] percent per annum or at a fixed rate, whichever is
preferable at issue date.

The issue may include provisions on the use of an

alternative base rate in computing interest to reflect true
market conditions during the lifetime of the bonds.

Collateral/Guarantee Security: Proceeds from the revenues of the projects, project

improvements and facilities funded by proceeds of the
bond and assignment of Internal Revenue Allotment
[IRA].

Trustee and Fiscal Agent :Any government bank to be designated by the mayor to
act as the fiscal agent, handle the sinking fund, act as
fund manager, transfer agent and paying agent.

Trustee Fee : Up to ½ of 1% per annum.

Underwriter : Any government or private financial institution
licensed to undertake underwriting of securities as
allowed under Philippine laws.

Underwriting Fee : One time fee chargeable to developers, proponents,

Contractors or investors of the project.

Guarantor : LGU Guarantee Corporation

Guarantee Fee : One time fee chargeable to developers, proponents,

Contractors or investors of the project.

SECTION 915. The Mayor is hereby authorized to designate a government depository bank to act as
trustee or fiscal agent for the Bonds, and sign and execute a Trust Indenture Agreement and Deed
of Assignment relative to the flotation of the bond and designation of the said bank in a form and
substance to be ratified by the City Council.
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SECTION 916. The City hereby appropriates the entire proceeds of the bonds, upon its successful
Issue, exclusively to finance the priority project identified under Section 914- I and pay for financial
advisory fee and other financial obligations relative thereto.

SECTION 917. The City shall appropriate such amount as may be necessary to fund the sinking
fund that will be created through the appointed trustee bank in the City’s annual budget . It shall
further appropriate a portion of the Internal Revenue Allotment and the share of the city from gross
revenue collection of the National Government to guarantee the redemption/repayment of the
bonds, such monies forming part of the aforesaid sinking fund. In connection therewith, the Mayor is
authorized to cause the assignment in favor of the trustee bank of any collections due to the City
from its Internal Revenue Allotment from the Department of Budget and Management.

SECTION 918. The city shall appoint any government or private institution or any duly licensed
underwriter to be the underwriter of the Bonds and for this purpose the Mayor is hereby authorized
to negotiate, sign and execute an underwriting agreement with the said underwriter in such form and
substance to be ratified by the council.

SECTION 919. The Mayor is hereby authorized to designate LGU guarantee Corporation to
specifically extend guarantee on the Bonds and for this purpose the Mayor is likewise authorized to
sign, negotiate and execute any contract or agreement with the LGU guarantee Corporation
pertinent to the Bond flotation in such form and substance to be ratified by the Council.

SECTION 920. The Mayor is hereby authorized to conduct public bidding on the awarding of the
project to be funded through Bond Flotation either on a design and construct basis or construct basis
with the developer/contractors to be paid either in the form of the Bonds and/or cash proceeds from
the bonds sale. The procedure of such bidding shall be done in accordance with applicable
Philippine Laws usual auditing and accounting rules and regulations and such other rules and
procedures which the Mayor may deem necessary in the implementation of the City Government of
Masbate Bond Flotation. The City Treasurer shall issue the corresponding Certificate of Funds
Availability out of the proceeds of the Bond Flotation.

SECTION 921. The Mayor is hereby authorized to sign such other contracts or agreements
necessary and related to the implementation of Bond Flotation, subject to the ratification of the same
by the Council.

SECTION 922. It is hereby approved. Confirmed and ratified the Memorandum of Agreement
entered by and between the City Government of Masbate, represented by its Mayor Socrates M.
Tuason as authorized by the Sangguniang Panlungsod of the City of Masbate under Resolution No.
127-01, and Preferred Ventures Corporation, represented by its president, Danilo V. Fausto.

Article II
AMENDMENT TO THE DESIGNATION OF THE GUARANTOR OF BONDS

SECTION 923. Section 914 of this Code is hereby amended to read as the designation of the
guarantor of the bonds such that the guarantor shall be the Philippine Veterans Bank.
SECTION 924. Section 919 of this code is hereby amended to read as:
The Mayor is hereby authorized to designate Philippine Veterans Bank to specifically extend
guarantee on the Bonds and for this purpose the Mayor is likewise authorized to sign, negotiate and
execute any contract or agreement with the Philippine Veterans Bank pertinent to the Bond Flotation
in such form and substance to be ratified by the Council.”

SECTION 925. The Trust Indenture between the City of Masbate and the Philippine Veterans Bank
dated 23 December 2002 which was notarized by Atty. Alberto Monreal, Notary Public for the City of
Makati and registered as Document No. 024; Page No. 376; Book No. 32; series of 2002, which
incorporates the terms and conditions under which Philippine Veterans Bank will guarantee the
Aksyon Padayon Bonds, is hereby approved, confirmed and ratified.

Article III
DEBT-SERVICE OBLIGATION

SECTION 926. To meet the debt-service obligation of the City of Masbate, specifically the payment
of the principal and interest due on the “Aksyon Padayon Bonds” via deposit to the Sinking Fund,
the City of Masbate is hereby authorized to appropriate such amount to service the bonds pursuant
to Section 4.2 and 4.3 of the Trust Indenture.
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 Article IV
TERMS AND CONDITIONS OF BONDS AND TRUSTS AGREEMENTS

SECTION 927. The Provision/s of the agreement may not be amended, changed or otherwise
impaired without prior written consent of all parties other than the city, to the original agreement, and
the city shall fully and faithfully comply with any and all terms and conditions thereof. The term
“Agreement” shall be deemed to include the Trust Indenture, Deed of Assignment of Deposit of
Internal Revenue, Underwriting Agreement and Construction Agreement under the Bond Flotation.
SECTION 928. It shall be the obligation of the city through the Sangguniang Panlungsod to provide
in the city’s annual budget such appropriation as are necessary to fully cover its sinking fund
obligations pursuant to the Trust Indenture and its yearly debt service obligations, in general, under
the bond issue.
SECTION 929. During the existence of any Agreement with any government or private domestic
banks or other entities or investors authorized to invest or grant loans or credit accommodations to
the city, it shall be unlawful; for the city or any of its concerned officers and employees to secure any
additional accommodations which would effectively raise the city’s budget appropriations for debt
service to more than twenty percent (20%) of the City’s regular income as determined in accordance
with the provisions of the Local Government Code of 1991.
Article V
IMPOSITION OF FEES IN THE ISSUANCE OF CERTIFICATE OF AUTHORITY TO ALL
BARANGAY MICRO BUSINESS ENTERPRISE (BMBE)

SECTION 930. All Barangay Micro Business Enterprise in any business entity or enterprise
engaged in the production, processing or manufacturing of products or commodities, including agro-
processing, trading and services, whose total assets including those arising from loans but exclusive
of the land on which the particular business entity’s office, plant and equipment are situated shall
register with the Office of the Treasurer pursuant to Republic Act 9178.

SECTION 931. Any person, cooperative or association, having the qualification as defined in
Section 932 hereof are eligible to register as Barangay Micro Business Enterprise.

SECTION 932. Definition of terms:

1. Barangay Micro Business Enterprise (BMBE) – any business entity or enterprise engaged in the
production, processing or manufacturing or products or commodities, including agro-processing,
trading and services whose total assets including those arising from loans but exclusive of the
land on which the particular entity’s office, plant and equipment are situated shall not be more
than Three Million pesos. The above definition shall be subject to review and upward adjustment
by the Small and Medium Enterprise Development Council (SMED), as mandated under
Republic Act 6970, as covered by Republic Act 8239;
2. Certificate of Authority – is the certificate issued granting the authority to the registered Barangay
Micro Business Enterprise to operate and be entitled to the benefits and privileges accorded
thereto;
3. Assets – all kinds of properties, real or personal owned by Barangay Micro Business Enterprise
and used for the conduct of its business as defined by SMED council;
4. Registration – the inclusion of BMBE in the BMBE registry of the City of Masbate;
5. Services – for the purpose of this ordinance services shall exclude those rendered b anyone who
is duly licensed by the government after having passed a government licensure examination with
the exercise of one’s profession.

SECTION 933. The Office of the Treasurer shall issue a certificate of authority to enable the BMBE
to avail of the benefits under Republic Act 9178 after the payment of One Thousand Pesos to defray
the administrative cost of registering and the monitoring of BMBE within the City.

SECTION 934. Penalty – Any person who shall violate any provision of this ordinance shall be
penalized pursuant to Section 13 of Republic Act 9178.

CHAPTER XIII
FISHERY

Article I
ESTABLISHING MARINE SANCTUARY WITHIN THE MUNICIPAL WATERS

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SECTION 935. Declaration of Policy – This is hereby declared the policy of the city:
1. To manage the coastal and fishery resources of the City of Masbate, in a manner consistent with
the principle of Coastal Resource Management;
2. To protect and manage the city waters its coastal and fisheries resources for the enjoyment and
benefits of the city fishers in perpetuity; and
3. To enhance people’s participation in the management of the coastal and fishery resources of the
city.

SECTION 936. Definition of Terms

1. Marine Sanctuary – a designated area in the city waters where fishing and other fisheries
activities are prohibited and human access may be restricted and which is characterized by high
productivity and/or high biodiversity.
2. CFARMC - shall mean City Fisheries and Aquatic Resources Management Council.
3. Municipal Water- include not only stream, lakes, inland bodies of water and tidal water within the
city which are subject af private ownership and not included within the national park, brackish
water fishpond leased by the government, and national fishery reserves, refuge and sanctuaries
but also marine waters included between two lines drawn perpendicular to the general coastline
from point where the boundary lines of the city touch the sea at low tide and a third line parallel
with the general coastline. Including offshore inland and 15 kilometer from such coastline. Where
two municipalities are also situated on opposite shores such that there is less than thirty ( 30 )
kilometer of marine waters between them, the third lines shall be a line equidistant from opposite
shores of the respective municipalities.
4. People Organization - a bonafide association of citizens with demonstrated capacity to promote
the public interest and identifiable leadership, membership and structure. Its member belong to a
sector/s who voluntarily band themselves for their own upliftment, development and greater
good.
5. Bantay Kadagatan Task Force - a coastal and fisheries laws enforcement unit, composed of
deputized fish warden, FARMC members, PNP-Maritime group, DA-BFAR,DENR, and enforcers
which tasked to safeguard, conserve and protect the marine resources and enforce fishery and
coastal environmental protection laws.
SECTION 937. Boundaries of Marines Sanctuary. There shall be a marine sanctuary in the city
waters of this city within the following coordinates:
From Pt. 1 12deg 22’ 30” N latitude, to 123deg 38’ 30” E longitude
To Pt. 2 12deg 22’ 35” N latitude, to 123deg 39’ 08” E longitude
To Pt. 3 12deg 22’ 30” N latitude, to 123deg 39’ 30” E longitude
To Pt. 4 12deg 22’ 13” N latitude, to 123deg 39’ 30” E longitude
To Pt. 5 12deg 21’ 48” N latitude, to 123deg 39’ 04” E longitude
To Pt. 6 12deg 21’ 48” N latitude, to 123deg 38’ 30” E longitude

The CORE ZONE or no extraction zone shall have an area of 51.65 hectares within the Marine
Sanctuary and situated within the following geographic coordinates
From Pt. 1 12deg 22’ 17.80” N latitude, to 123deg 38’ 47.70” N longitude
To Pt. 2 12deg 22’ 23.10” N latitude, to 123deg 39’ 17.20” N longitude
To Pt. 3 12deg 22’ 01.30” N latitude, to 123deg 39’ 18.00” E longitude
To Pt. 4 12deg 22’ 02.40” N latitude, to 123deg 39’ 48.20” E longitude

Provided, that fishing and other human activities in the CORE ZONE are prohibited: provided
however, the scientific and educational activities shall be allowed in the sanctuary, only if written
permission is obtained from the City Mayor.
Provided, that fishing and other human activities outside the core zone or within the BUFFER ZONE
of the Marine Sanctuary maybe restricted and are designated area for mariculture purposes.
SECTION 938. Management of the Marine Sanctuary. The city government, the people’s
organization, the Barangay councils, the CFARMC and the Bantay Kadagatan Task force shall be
responsible for the management, protection, conservation and development of the marine sanctuary.
SECTION 939. Formulation of Sanctuary Management Plan. Within thirty days from the approval of
this ordinance, the city government, the people’s organization, the Barangay councils, the CFARMC
and the Bantay Kadagatan Task Force, shall formulate a management plan and implementing rules
and regulations for the operation and management of the sanctuary.

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SECTION 940. Appropriation. The city government shall allocate the amount of Four Hundred
Thousand Pesos (P400,000.00) for the implementation of this ordinance. The Sangguniang
Panlungsod shall provide for the appropriation for the management of the sanctuary for the
succeeding years to be included in the annual budget of the City.
SECTION 941. Penalty. Violator of this ordinance shall be penalized with a fine of Three Thousand
Pesos to Ten Thousand Pesos or an imprisonment of two (2 ) years to five ( 5 ) years or both at the
discretion of the court. and by forfeiture of the catch and cancellation of fishing permits/license.

Article II
REGULATING THE FISHING INDUSTRY

SECTION 942. Declaration of City Policy. The City Government having jurisdiction over City
Waters, shall be responsible for the management, conservation, development, protection, utilization,
and disposition of all fishing and fishery/aquatic resources, including preferential rights in the
management and access to the fishery for marginal fishermen-residents of the City.
SECTION 943. Definition of Terms. The following terms and phrases are defined as used in the
Ordinance:

(a) Auxiliary Invoice – Issued by the City Government for all fish and fishery products prior to their
transport from Masbate City to their points of destination in the Philippines and/or for export
purposes upon payment of the fees prescribed in this Ordinance;
(b) Baby Trawl – A fishing gear operated by a fishing boat three (3) gross tons or less consisting of a
net made in the form of a conical bag with the mouth kept open by various device (as otter
boards/doors, wooden or iron beam, two (2) boats and extra long ropes) and the entire gear towed,
trailed, to capture fish of fishery/aquatic products;
(c) City – Refers to the City of Masbate;
(d) City Government – Refers to the City Government of Masbate;
(e) Fishing Boat – Refers to a fishing boat three (3) gross registered tons or less used for fishing.
(f) City Waters – referred to as municipal waters in Republic Act 8550, within the city and not being
the subject of private ownership, and nor comprised within the national parks, public forests, timber
lands, forest reserves, but also marine waters included between two (2) lines drawn perpendicular to
the general coastline from points where the boundary lines of the city touch the sea at low tide and a
third line parallel with general coastline and fifteen (15) kilometers from the coastline of the
outermost inhabited island of the city. Where the city and a municipality are so situated on the
opposite shores that there is less thirty (30) kilometers of marine waters between them, the third line
shall be a line equidistant from the respective shore of the city or municipality;
(g) Closed Season – The period during which, the taking of specific fish and marine/aquatic products
are prohibited in a specified area or areas in the City Waters for conservation, ecological purposes
and for the protection of rare, threatened and/or endangered species and their eggs/offspring’s
including, but not limited to tawilis, dugong, giant clams, green turtles (pawikan) and hawksbill
turtles, freshwater and saltwater crocodiles;
(h) Commercial Fishing – The taking of fish with a fishing vessel of more than three (3) gross
registered tons in those waters beyond the 15-kilometer limit of the City Waters;
(i) Exclusive Fishery Privilege – The lease or grant conferred by the City Government to any
individual, association, cooperative, partnership or corporation, and to no other, to operate fish
corrals, pens and cages, oyster and other shelled-mollusk culture beds, seaweed farms, pearl
culture farms, and the catching of bangus fry, prawn or fry of other species;
(j) Fisheries and Aquatic Resource management Councils (FARMC’s) – Refers to the Advisory
Councils formed in the city and barangay in accordance with Executive No. 240 and Presidential
Memorandum to the Secretaries of Agriculture and Interior and Local Government dated 15 March
1996 respecting the “Guidelines to Implement the Preferential Treatment for the Small Fishermen
Relative to the 15-Km. Municipal Waters Boundary”;
(k) Fish and Fishery/Aquatic Products – Includes all fish and other aquatic species and mammals
and include all other products of aquatic living resources in any form;
(l)) Fish Cage – Any method of culturing fish and fishery resources in a fish enclosure which is either
stationary or floating, made up of nettings or screens sewn or fastened and installed in the water
with opening at the surface or covered and held in place by wooden/bamboo posts or various types
of anchors and floats;
(m) Fish Coral or “Baklad” – A stationary weir or trap devised to intercept and capture fish, consisting
of rows of stakes of bamboo, palma brava or other materials fenced with split bamboo matting or
wire entrance, but difficult exit, and with or without leaders to direct the fish to the catching chamber
or purse;
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(n) Fisherman’s License – The authority issued by the City Government in favor of the fishermen for
fishing in the City Waters for a period of one (1) year;

(o)Fishery – The business of searching and attempting to catch, catching, taking, handling,
marketing, transporting, culturing, processing and preserving fish or other fishery aquatic products;
the fishing grounds; and the right to fish or take such products therefrom;
(p) Fishery Reserve – A designated area where fishing activities are regulated and set for
educational and scientific research purposes;
(q) Fish Fry – A stage at which a fish has recently been hatched usually with sizes from 10-25 mm;
(r) Fishing Boat/Vessel – Includes all boats, such as bancas, sailboats, motorboats, or any other
type of watercraft, whether licensed or not, used in fishing. Provided, that any such boat used for the
purpose of transporting the fish in the course or fishing operations shall be considered as a fishing
boat; Provided further, that any vessel fishing with a mother and supplementary boats (net boats, air
boats) shall be considered for the purposes of his Ordinance as one fishing unit/fishing boat;
(s) Fishing Gear – Any instrument or device and its accessories utilized in searching for, attempting
to catch, and catching fish and other fishery/aquatic products;
1) Active Fishing Gear- is a fishing device characterized by gear movement and/or the pursuit of
the target species by towing, lifting, and pushing the gears, surrounding, covering, dredging,
pumping and scaring the target species to impoundments: such as, but not limited to, trawl,
purse seines, Danish seines, bag nets, paaling, drift gill net, and tuna longline.
2) Passive Fishing Gear- is characterized by the absence of gear movements and/or the pursuit
of the target species: such as, but not limited to hook and line, fish pots, traps and gill nets
across the path of the fish.
(t) Fishing Industry – Includes fish catchers/fishermen, producers, fish processors, fish traders, both
wholesalers and retailers, and owners of refrigerating and cold storage plants serving the industry;
(u) Fishing Records – Includes all records and documents of the fishery as required in the terms and
conditions of the License of Exclusive Fishery Privilege in the Office of the City Agriculturist.
(v) Fish Pen – A fish enclosure made of closely woven bamboo screens, nylon screen or nets, or
other materials attached to poles staked to the water bottom for the purpose of growing and/or
culture of fish to various sizes both fresh and salt water areas;
(w) Fish Port – A harbor/area where fish and other fishery products are unloaded, traded and/or
inspected/checked, their appropriate fees paid, before they are packed and shipped/flown to their
points of destination;
(x) Fish Sanctuary – A protected water area where fish are able to spawn, feed and grow
undisturbed and where fishing and other activities are absolutely prohibited and/or be regulated.
(y) Hulbot-hulbot – Refers to a fishing gear consisting of a conical-shaped net with a pair of wings,
the ends of which are connected to two (2) ropes with buri, plastic strips or any similar materials to
serve as scaring/herding device with hauling ropes passing thru a metal ring permanently attached
to a weight (linggote) when hauling into a fishing boat;
(z) Marginal Fishermen – Refers to individuals engaged on subsistence fishing as their primary
source of income and whose sale, barter or exchange of marine/aquatic products produced by
himself and his immediate family, do not exceed a gross value of One Hundred Eighty Thousand
Pesos (P180,000.00) per annum based on 1992 constant prices;
(aa) Monitoring, Control and Surveillance (MCS) – Refers to the system under Administrative Order
No. 201 to implement the monitoring, surveillance and control of the fishery in the Philippines;
1.) Monitoring- the requirement of continuously observing: a. fishing effort which
can be expressed by the number of days or hours of fishing, number of
fishing gears and number of fisherfolk; b. characteristics of fishery
resources; and c. resource yields (catch);
2.) Control- the regulatory conditions (legal framework) under which the
exploitation, utilization and disposition of the resources maybe conducted,
and;
3.) Surveillance- the degree and types of observations required to maintain
compliance with regulations.
(bb) Pa-aling – Refers to a fishing gear consisting of a net set at coral/shoal reef areas whereby fish
are driven towards the net by means of air bubbles produced by compressors, with the use of a
motor boat and supported by airboats, and to be used outside the 14-km;
(cc) Open Season – Refers to the period during which fishing or specific species of aquatic
organisms or products, or the use of specified fishing gear is permitted in a specified area or areas
within the City Waters, as provided in an Ordinance promulgated for the purpose.
(dd) Permit to Dock – The permit granted to commercial fishing vessels to dock in any port, pier,
wharf, or quay within the city for purposes other than in direct support of the fishery except as noted
in the terms and conditions thereon (i.e. to offload fish and re-supply only);
ee) Sangguniang Panlungsod – Refers to the Sangguniang Panlungsod of Masbate City;

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(ff) Sport Fishing – Any fishing practice using hook and line solely for catching fish for tournament(s)
where the fisherman may receive an award, financial or otherwise, and the catch may be used for
personal consumption, but will not be able to receive financial gain for resale of his/her catch;
(gg) Three (3) Gross Registered Tonnage – Cubical content in tons of the boat’s hull with 16 horse
power engine.
(hh) Vessel License – Refers to the authority issued by the City Government to the fishing vessel
three (3) gross registered tons or less to fish within City Waters, and is non-transferable.

SECTION 944. Division and Classification of City Waters. The City Waters shall be divided by
barangay and the boundary shall be the territorial boundary of every barangay, and also marine
waters included between two lines drawn perpendicular to the general coastline from points where
the boundary lines of the barangay touch the sea at low tide and a third line parallel with the general
coastline and fifteen (15) kilometers from the coastline of the outermost inhabited island of the city,
and shall also include inland waters of the barangay.
SECTION 945. Limit of City Government “Bangus” Fry or Fry of Other Species Reservations. The
City Fisheries and Aquatic Resources Management Council (CFARMC) shall determine a definite
zones within the City Waters for the purpose of granting preferential fishing rights to
associations/cooperatives of marginal fishermen duly registered as such at the CFARMC. Further, in
addition to the aforementioned, that in the zoning and classification of the City Waters for purposes
of awarding areas for the construction of fish corral, pens and cages, or the culture of seaweeds,
oysters, pearls and other shelled-mollusk beds, or the gathering of “bangus” fry or fry of other
species, the CFARMC shall set aside not more than one-fifth (1/5) of the area designated for the
gathering of fry, as may be designated by the City Government as Government “Bangus” Fry
Reservation.
SECTION 946. Persons Eligible for Fishing and/or Fishing Privileges. (a) The following are, under
this Ordinance, eligible for fishing and/or fishing privileges within the City Waters, provided they do
not utilize vessels more than three gross tons:
1. Residents of Masbate City who are Filipino Citizens;
2. Partnerships, associations, or corporations duly registered under the laws of
the Philippines, and whose capital stock belong wholly to Filipino citizens;
3. Cooperatives duly registered in accordance with law and duly accredited with
the City Government.

SECTION 947. Exclusive Fishery Privilege. Operating Fish corrals, pens and cages, seaweeds,
pearls, oyster and other culture beds, or the catching of “bangus” fry or fry of other species for
propagation shall be considered as Exclusive fishery Privileges which shall be granted preferably to
organizations or cooperatives of marginal fishermen registered under the CFARMC, upon payment
of half of the corresponding annual rental fee and the corresponding license fee as specified in the
next preceding paragraph and Section 947 of this Ordinance. The granting of such privileges shall
be in accordance with the provision of this Section and is non-transferable.
The Sangguniang Panlungsod shall post in the City Hall and at least two other strategic places a
notice to fisherfolk’s organizations or cooperatives to apply for the granting of preferential rights. The
same notice shall be posted in at least two strategic places in every fishing barangay and announce
once a week for four consecutive weeks. Interested parties shall have forty-five days from the
posting of the notice to signify their intention to the Sangguniang Panlungsod to avail of the
preferential right. Should two or more groups signify their intent to avail of the right, the CFARMC
shall accommodate them, if possible, or consequently, shall develop criteria for the selection of
qualified applicants.
Only when no qualified applicants who have signified their intent to avail of the preferential right,
shall the Sangguniang Panlungsod invite other parties to participate in a public bidding, to be
conducted by the Committee on Auction in the process prescribed under Section 24 paragraph (b) of
this Ordinance. The Sangguniang Panlungsod may then grant to the highest bidder the exclusive
privilege of constructing and operating fish corrals, pens and cages, seaweeds, pearls, oyster and
other culture beds, or the gathering of “bangus” fry or fry of other species in City Waters upon
payment of the corresponding rental and license fees; Provided, that if there’s only one applicant,
then it is the decision of the Sanggunian to grant the application, the bidding process shall be waived
and only the rental fee and license fees shall apply.
Provided further, that the license granted for these Exclusive Fishery Privileges shall be for a period
not exceeding three years, except the license granted for gathering “bangus” fry or fry of other
species which shall only be for a period of one year; Provided furthermore, that these grants of
Exclusive Fishery Privileges shall be under and comply with such conditions prescribed by the
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Sangguniang Panlungsod; Provided, finally, that the rental fees to be collected for the exclusive
privileges shall be the following:
(a) For the privilege of erecting fish corrals (baklad), an annual rental fee of five Hundred
(P500.00) Pesos per fish corral;
(b) For the privilege of catching or taking of “bangus” fry or “kawag-kawag” or fry of other
species, an annual rental fee of Five Hundred Pesos per family/household;
(c) For the privilege of establishing and maintaining fish cages, an annual rental fee of Five
Hundred Pesos per five hundred square meters or fraction thereof;
(d) For the privilege of erecting fish pens, an annual rental fee of Five Hundred Pesos per
five hundred square meter or fraction thereof;
(e) For the privilege of gathering/culturing oyster or shelled-mollusk beds (i.e. kapis shells),
an annual rental fee five hundred per five thousand square meter area or any fraction
thereof;
(f) For the privilege of establishing and maintaining pearl culture farms, an annual rental fee
of Six Thousand Pesos per five hundred square meters or a fraction thereof;
(g) For the privilege of establishing and maintaining seaweeds farms, an annual rental fee of
Three Hundred Pesos per five thousand square meters or a fraction thereof.

Except those specified areas identified by the CFARMC, the privilege to gather, take, or catch
bangus fry, prawn fry or “kawag-kawag” or fry of other species from the City Waters by nets, traps,
or other fishing gears by marginal fishermen shall be free of any rental fee, or any other imposition
whatsoever.
SECTION 948. Restriction. Licenses or Exclusive Fishery Privilege contracts issued shall, in
addition to in compliance with the National Fisheries Code, P.D. 704, contain provisions to the effect
that:
(a) For Fish Corrals
(1) No fish corral or “baklad” shall be constructed within two hundred meters
of another fish corral in marine fishery waters or one hundred
meters within fresh water fisheries unless they belong to the same lessee,
but in no case shall the distance be less than sixty meters apart;
(2) Fish corrals shall be entirely opened during closed seasons for the free
passage of fish for conservation purposes, or for health reasons (i.e. red
tide);
(3) No fish corral shall be constructed within all approaches to Masbate City,
like bay anchorage areas, subports and beach resorts, and those areas
declared as sanctuaries or reserves;
(4) The maximum size of each fish corral is five thousand (5,000) square
meters in sea waters;
(b) For Oyster and Other Shelled-Mollusk Culture Beds
(1) The size of an area for the culture of shelled-mollusks shall not be more
than one hectare for individuals or not more than five hectares for
partnerships, associations, corporations, or cooperatives;
(2) No area for the culture of shelled-mollusks shall be established at a
distance of less than five hundred meters from each other.
(i) The size of the area for the operation of fish pens shall not be more
than three hectares for individual or not more than ten hectares per
partnership, association, corporation, or cooperative;
(ii) The size of the area for the operation of fish cages shall not be
more than two square meters per individual or not more than one
thousand sq. meters per partnership, association, corporation, or
cooperative.
(d) For all Exclusive Fishery Privilege Holders
(1) Nothing in the contract shall be construed as permitting the lessee or
grantee to undertake any construction which will obstruct the free
navigation in any stream or lake flowing through or adjoining the fish
corral, per or cage, or culture bed or gathering of “bangus” fry or fry of
other species, or to impede the flow or ebb of the tide to and from the
area where the lessee or grantee is conferred a fishery privilege, or
conflicts with another’s waters rights, or steps on or destroy corrals.

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 (e) For License-Holders of Vessels or Fishing Devices
(1) No fishing within the two hundred meters radius of any licensed fish corral,
pen or cage.

SECTION 949. Fishermen’s Licensing Registration System. All qualified fishermen applicants shall
registered with the City Government, and shall be issued Fishermen Identification Cards, upon
completing the filling-up application forms and payment of the registration fees, and which they shall
carry at all times when engaged in fishing operations and present and surrender whenever
requested by the Bantay Dagat personnel and other duly authorized law enforcement officers:
Provided, that this Fishermen’s license shall be valid for one year, renewable annually.
SECTION 950. Fish Ports. The City Government has its own fish port where all fishing vessels shall
dock and unload their catch, and be inspected by duly authorized fish wardens and for assessment
of auxiliary invoices and other prescribed fees, before being sold, packed or transported to their
destination; Provided, that fish dealers/traders making use of the city as transshipment point shall
unload their cargoes on said fish ports for same purposes before being transported by water or by
air.
SECTION 951. Fisheries and Aquatic Resources Management Councils (FARMC’s). Pursuant to
Executive Order No. 240, Fisheries and Aquatic Resource Management Councils (FARMC’s) shall
be created in all barangays called the BFARMC and by the City of Masbate called the CFARMC.
(a) The regular members of the CFARMC shall be:
(1) Chairperson of the Sangguniang Panlungsod, Committee on Fisheries and
Agriculture;
(2) City Planning and Development Officer;
(3) City Agriculturist;
(4) City Environment and Natural Resources Management Officer;
(5) Representative from an accredited non-government organization based in the city;
(6) Representative from the Department of Agriculture;
(7) Representative from the private sectors;
(8) At least ten (11) representatives of the fisher folk, seven city fishers, one
fishworker and three commercial fishers in the city which include representatives
from the youth and women sectors;
(9) Chairman on Committee on Environment and Natural Resources.

(b) The regular members of the Barangay FARMC shall be:

(1) Chairperson of the Sangguniang Barangay, Agriculture/Fisheries Committee;
(2) Representative from an accredited non-government organization;
(3) Representative from private sectors;
(4) At least eight representatives from the fisherfolk including the youth and women
sectors;

(c) Provided, that both FARMCs shall adopt rules and regulations necessary to govern its
proceedings and election and provided further, that the FARMC’s shall have the
following primary functions:
(1) Prepare and recommend the Fisheries and Aquatic Resources management,
policies and plans for integration into the Fishery Management Plan, the former
also being utilized by the BFAR as part of the Monitoring, Control and
Surveillance (MCS) implementation of the said system;
(2) Recommend to the City Government and special agencies on the development
and implementation of projects and Fisheries Management Planning (FMP)
policies respecting the issuance of licenses, exclusive fishery privileges, and other
permits to the appropriate user of fisheries and aquatic resources, and to ensure
that the resource use limits and controls are imposed. Such recommendation may
include the evaluation of all projects and applications by FARMCs, in their areas
of coverage, and which shall serve as the basis of the Environmental Impact
Study, prior to the approval of appropriate offices.

Provided, further, that FARMC members shall undergo training and shall be deputized by the City
Government as fish wardens and environmental and natural resource officers; Provided, furthermore
that technical assistance shall be extended whenever necessary by the Department of Agriculture,
Department of Environment and Natural Resources, Department of Interior and Local Government,
Department of Justice, Commission on Human Rights and other government agencies.

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SECTION 952. License Control and Fishery Inventory. In recognizing the fragile nature of the
fisheries resources in the City of Masbate and the City Government shall recognize the principle of
“Limited Access” or limit the level of fishing effort through limited licensing, commencing in July
2002. This shall be enforced until appropriate scientific assessment of fish stocks can be made in
the City Waters to determine the sustainable harvesting levels. For this purpose, the financial and
technical assistance of appropriate private and public agencies/offices shall be solicited.
SECTION 953. Vessel Identification. To ease identification of fishing vessels/boats licensed to
operate in City Waters, shall be identified, in addition to the numbering system by the City
Government, it shall be painted a diagonal green stripe three feet back from the bow on each other
side from gunwale extending to the waterline and extending horizontally for a distance of three feet.
SECTION 954. License, Exclusive Fishery Privilege, and Auxiliary Invoice. It shall be unlawful for
any individual, cooperative , partnership, association or corporation to take or catch fish and other
marine and aquatic products by means of nets, traps, or other fishing gears in the waters of this city,
or by means of fishing boats or vessels three gross registered tons or less, unless provided with the
necessary license permit issued for the purpose by the City Mayor; Provided, that no fishing vessels
of more than three registered tons, or smaller vessel as part of a fishing unit with a vessel in excess
of three gross registered tons as a mother ship, shall search for, attempt to catch or gather fishery
species within the fifteen kilometer limit of the City Waters;
Provided, further, that commercial fishing vessels which dock in the city for other purposes not in
direct support of fishery, except as noted in the terms and conditions thereon (i.e. to offload fish and
re-supply only), shall procure a Permit to Dock from the City Government upon payment of
appropriate fees, said permit which must always be presented upon inspection; Provided,
furthermore, that when operating under a Permit to Dock, the commercial fishing vessels shall, while
transiting City Waters, store all fishing gears on board the vessel so that it is not readily available for
fishing.
It shall likewise be unlawful for any individual, cooperative, partnership, association or corporation to
operate fish corrals, pens and cages, culture pearl, seaweeds, oyster and other shelled-mollusk, or
catch “bangus” fry or fry of other species for propagation purposes within the territorial jurisdiction of
the city, without first securing an exclusive fishery privilege conferred therefore as provided by law
and this Ordinance.
Further, it shall be unlawful for any individual, cooperative, partnership or corporation to transport
fish and other aquatic products without securing an auxiliary invoice and paying the required fees
and charges thereof.
Furthermore, it shall be unlawful for any individual, cooperative, partnership, association or
corporation, to use a boat three gross registered tons or less without a vessel license issued by the
City Government. Discovery of any person in an area where he has no permit or registration papers
for a fishing vessel shall constitute a prima facie presumption that the person and/or vessel is
engaged in illegal fishing.
Finally, It shall be unlawful for any individual to attempt to catch or catch fish without a fishermen’s
license.
SECTION 955. It shall be unlawful for any individual, partnership, cooperative, association, or
corporation to carry on boat or use fishing gears or methods not allowed by existing fishery laws and
this Ordinance, such as “Pa-aling” and/or “Hulbot-hulbot”; Provided, that “baling” and baby trawl are
declared unlawful by this Ordinance; Provided, further, That possession of a net on board the fishing
vessel during this fishing operations with a mesh size less than three cm. when stretched, except
those provided in FAO 196, shall constitute an offense; Provided, furthermore, That the use of
compressors in the fishery in City Waters is regulated for conservation and ecological reasons by
requiring such paraphernalia to be registered by the owner/operator upon payment of the required
fee.
SECTION 956. It shall be unlawful for fishing boats/vessels from municipalities other than Masbate
City, to search for, attempt to catch, catch or gather fish within the City Waters, without a current
agreement between the City Mayor and the Municipal Mayor for reciprocal access by respective
fishers persons in the other City/Municipal Waters; Provided, that in no circumstances shall this
access to fish be granted to vessels from provinces other than Masbate; Provided, further, that the
vessel patron/owner shall procure the necessary fisherman’s license, vessel license and/or permit
for the use of fishing gear or paraphernalia; Provided, furthermore, that those individuals or entities
currently with this privilege granted by other municipalities shall procure a clearance only from the
City Government.
SECTION 957. No person may engage in recreation and sports fishing without first securing a
license and/or permit from the City Government.
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SECTION 958. No Mangrove Conversion. In line with the Strategic Environmental Plan (SEP), as
mandated by R.A. 7611, the conversion of mangroves into fishponds or for any other purpose is
totally banned in the City of Masbate.
SECTION 959. License Fees for Exclusive Fishery Privilege of Erecting Fish Corrals, Pens and
Cages, Seaweeds, Pearls, Oyster and other Culture Beds, or Catching Bangus Fry or Fry of Other
Species. The Sangguniang Panlungsod is authorized to grant franchise for the privilege of erecting
fish corrals, pens and cages, operating oyster, pearl seaweeds, or other culture beds, or catching
bangus fry or fry of other species within the City Waters preferably to cooperatives/organizations or
individuals or marginal fishermen registered under the CFARMC, and to partnerships, associations
or corporations, upon payment of license fees therefore at the rates fixed hereunder:
(a) Fish Corrals/Fish Pen Erected (Zone No.IV): Annual Fee
(1) Less than 3 meters deep Php 200.00
(2) Three (3) meters deep or more, but not less than 5 meters deep 400.00
(3) Five (5) meters deep or more, but less than eight (8) meters deep 800.00
(4) Eight (8) mtrs. deep or more, but not less than ten (10) mtrs. Deep 1,500.00
(5) Ten (10) mtrs. deep or more, but not less than fifteen (15) mtrs. Deep 2,000.00
(6) Fifteen (15) meters deep or more 3,000.00
(b) Fish Cages:
Per one hundred (100) square meters P 100.00
(c) Baklad
Per Unit/a year 500.00
(d) Oyster and Other Shelled-Mollusk Culture Beds
Per Hectare P 1,000.00
(e) “Bangus” Fry or Fry of Other Species:
(1) Less than two thousand (2,000) square meters P 1,600.00
(2) Two thousand (2,000) square meters or more, but not less than four thousand (4,000)
square meters 3,000.0
(3) Four thousand (4,000) square meters or more, but not less than six thousand (6,000)
square meters 4,500.00

(4) Six thousand (6,000) square meters or more, but not less than eight thousand (8,000)
square meters 6,000.00
(5) Eight thousand (8,000) square meters or more P 8,000.00
(f) Fish Pens:
Per 100 sq. meters P 100.00
(g) Seaweeds Farms:
Per five hundred (500) square meters P 500.00
(h) Pearl Culture Farm:
Per five hundred (500) square meters P 1,000.00

SECTION 960. License Fees Licenses for Fishing Gears. The privilege of taking or catching fish in
the City Waters of Masbate City with nets, traps, or other licensed fishing gears or paraphernalias,
with or without therefore a fishing boat or vessel three (3) gross tons or less, shall require a license
issued by the City Mayor to any person, cooperative, association or corporation, qualified under
Section 945 of this Ordinance, recognizing the principle of conservation and upon payment of the
corresponding fees enumerated below:
SCHEDULE OF LICENSE FEES
Kind of Fishing Gear License Fee per Year
(A) Fishermen using nets P 250.00/year
1) Pangki (except for the use of fry gathering)
2) Pabbas
3) Largarete
4) Panapao
5) Other nets
Provided that the mesh of the fish nets should not be less than three (3) cm. when stretched.

(B) Fishermen using traps:

1) Pangasag P 300.00/year
2) Squid Jigger (pamusit) P 500.00/year
3) Bobo or Panggal (big or small) P 100.00/year
4) Kitang P 50.00/year
5) Pamana (manu-manu) P 50.00/year
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 6) Pukot (pagkuha san semilya) P 500.00/year
7) Pukot (pagkuha san Aquarium Fish) P 500.00/year

(C) Fishermen using other Paraphernalia: P 150.00

1) without light
2) with torch
3) with “petromax”
4) other paraphernalia

(d) Fishermen using other fishing gears: P 250.00

1) Panti
2) Bitana
3) Bocatot Padarao
4) Sahid
5) Laya
6) Anud
7) Other Fishing Gears

SECTION 961. Permit to Dock. All fishing vessels/boats, more than three (3) registered gross tons
shall secure a Permit to Dock at the City Administrator’s Office upon payment of the corresponding
fee for the purpose to be set by the same office.
SECTION 962. Fees for Fish Transport. In accordance with Section 4 P.D. 704, the issuance of an
Auxiliary Invoice to transport fish and fishery products, shall be granted after an official inspection by
deputized fishery wardens and upon payment of fees and charges therefore at the rates fixed
hereunder:
Item No. Fee per Set Kg. Wt.
(a) Preserved fish (iced, frozen, salted, dried, smoked, patis,
(b) bagoong, etc.) 15 per ton
(c) Trocha shell, smooth 15 per 50 kg
(d) Trocha shell, rough (male) 15 per 50 kg
(e) Trocha shell, rough (female) 15 per 50 kg
(f) Green snail shell 15 per 50 kg
(g) Kapis shell (not less than 80 mm) 15 per 50 kg
(h) Other shells 15 per 50 kg
(i) Sea cucumber/balatan 15 per 50 kg
(j) Dried Star Fish 15 per 50 kg
(k) Dried squid 15 per 50 kg
(l) Dried seaweeds (Euchema) 15 per ton
(m) Dried seahorse 15 per 25 kg
(n) Dried sharksfin 15 per 25 kg
(o) Salted skin of sea snakes 15 per 25 kg
(p) Sponge 15 per kg
(q) Tanned skins 15 per kg
(r) Salted skins 15 per kg
(s) Tanned skin of sea snakes and sea reptiles 15 per kg
(t) Bangus fry or fry of other species 15/pot for every 3,000/fry
(u) All other unclassified marine products 15 per 10 kg

Provided, that shippers/dealers who have paid auxiliary invoices in another municipality, certifiable
by production of said auxiliary invoices, shall not be required to pay the same in the city
but shall pay the difference , Provided, further, that cargoes containing fish and fish products shall
be inspected by Bantay Dagat personnel or other deputized fishery wardens at the fish ports before
transporting to their final points of destination by water or by air.
SECTION 963. Procedures for the Application/Renewal for Fishing Licenses or Exclusive Fishery
Privileges. The following are the procedures to be followed by the applicants in applying/renewing for
fishing licenses, auxiliary invoices and/or exclusive fishery privileges:
(a) Application/Renewal for any of the fishery licenses (Fishermen’s License, Vessel License,
Mayor’s Permit for fishing gear) or Exclusive Fishery Privileges mentioned in the proceeding
sections shall be made on official forms duly approved by the Sangguniang Panlungsod,
attached to which shall include, but not limited to the following:
(1) Community Tax Certificate
(2) Barangay Clearance/BFARMC Clearance
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 (3) Bantay Dagat Certificate of Inspection for vessels
(4) PNP-Maritime or Philippine Coast Guard Certificate of vessel Registration with more than
three (3) –gross tonnage.
(5) Affidavit of Ownership of Vessel or Gear/Lease Contract
(6) Certificate from the Fisheries Regulatory Field Office (BFAR)
(7) Certificate of Registration

(b) For an Auxiliary Invoice to Transport “bangus” fry or fry of other species within the
Philippines, which shall be for a period of one month to take effect from the date of the first
shipment of fry:
(1) In case of public fishponds, copy of Fishpond Lease Agreement (FLA);
(2) In case of private fishponds, copy of supporting document (TCT or lease Contract);
(3) In case of fishpen/fish cage owners or operators, copy of BFAR or LLDA license,
whichever is applicable;
(4) Sketch of fishpond showing the nursery and other portions of the fishpond;
(5) Estimated stocking rate per heater per season for the developed fishpond or fishpen;
(6) Fry concession contract if any, showing source, quantity and price of fry;
(7) Corporation or Partnership’s document, when applicable;
(8) Fry or fingerling’s contract, if any, with fishpond, fishpen/fishcage or nursery owner or
operator.

(c) All applications shall be forwarded to the City Mayor who shall ensure through the Bantay
Dagat, which shall be tasked with the inspection of persons, boats, fishing gears, and other
paraphernalias, fishery records and contracts, private ports and warehouses used in the fishery,
and the operation site; that the license applied for will not prejudice public interest and that the
portion or area for which an application for lease has been presented is not covered by any
existing lease. Thereafter, the appropriate fees and charges shall be paid, and the bond filed for
exclusive privileges in accordance with the Guidelines for granting Preferential Right;
(d) Following the process for Granting Preferential Rights and no qualified applicants have been
found, the following shall be the procedure for granting exclusive fishery privileges:
(1) A Committee on Auction, which shall be composed by the City Treasurer as Chairman
and two (2) members of the Sangguniang Panlungsod as members, shall advertise a
notice for the raffle in areas or zones of the City Waters available for creating fish corral,
pens and cages, or operating oyster, pearl, seaweed or other culture beds, or taking or
catching bangus fry or fry of other species for propagation by posting said notice in a
newspaper published in the locality for a period of not less than fifteen days;

(2) The Sangguniang Panlungsod shall, provide a notice calling for a raffle for the Exclusive
Fishery Privilege, specifying the time and place of the raffle, the number of permits to be
issued, the bond to be deposited before an individual or entity be entitled to participate,
the procedure to be followed by the Committee on Auction before any exclusive fishery
privilege is granted. The bond, which is a guarantee of good faith and for satisfactory
compliance with the terms of the lease or grant, shall be in cash or real estate situated
within the Philippines or guaranteed by a surety company authorized for the purpose in
an amount not less than two years rental.
(e) Issuance of an Auxiliary Invoice, before transporting any shell or other marine/aquatic
products, the shipper, collector, dealer, or possessor shall secure an Auxiliary Invoice from the
Office of the City Treasurer. This Invoice shall state the kind, quantity value and origin of the
aquatic products, the fees which have been paid and who received the payment, giving therein
the number of the official receipt. The Auxiliary Invoice shall be made in quadruplicate and shall
accompany the products described therein, from which it must not be separated until the said
products have reached their destination. However, before an Auxiliary Invoice is issued, a
certificate of Quarantine Inspection must be procured by the shipper/transporter from the
Quarantine Office.
SECTION 964. Duties of Licensees, Permittees and Exclusive Privilege Holders . Every licensee,
permittee or exclusive privilege holder shall be governed by the laws, rules, and existing regulations
governing fisheries and those which may hereinafter be promulgated.
(a) To take necessary precaution to prevent destruction to City Waters and the marine/aquatic,
especially the corals, and to ensure environmental protection at all times;
(b) To assume responsibility for the use of his fishing boat and any or all acts of his agents,
employees or laborers, including those of contractors connected with his fishing operations, or
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 in the establishment, management, or operation of the lease contract or during the fishing
expedition, such as transport and or of dynamite, cyanide and other poisonous or noxious
substances, as well as any fish caught through unlawful means;
(1) To keep and submit all records and reports of transactions in connection with the
license, permit or lease in such format as required by the terms and conditions of the
license and as may be required by law;
(2) To permit or render assistance to any Bantay Dagat personnel or any other duly
authorized Fishery Warden for purposes of inspection, searching and examining any
person, documents/records, places of operation including storage areas, auxiliary boats
or goods aboard the boat;
(3) To provide fish samples to the Deputized Fishery Warden/Quarantine Enforcement
Officer which in no case shall exceed one kilo, for scientific analysis or examination to
determine whether the same was caught by means of explosives, or by poisonous or
obnoxious substances, by either the Cyanide Detection Center or the Department of
Agriculture Fish Laboratory;
(4) To carry at all times the license, permit or lease contract, ready to exhibit them upon
demand by any enforcing officer thereof;
(5) To vacate the area covered by the exclusive fishery privilege, upon its expiration or as
directed by authorized city officials, unless renewed or cancelled;
(6) To clear, remove, destroy or demolish any debris, material, structure or gear, or the
vacated area placed or constructed on the site of the Exclusive Fishery Privilege upon
expiration or cancellation of the Privilege;
(7) To refrain from constructing any fish pen, “baklad”, cage or any fish trap or device on
places fronting beach resorts areas.

SECTION 965. Applicability of the Fishery Code of the Philippines, General Orders Administrative
and Circulars. All relevant laws, orders, rules and regulations shall be an integral part and suppletory
to this ordinance.
SECTION 966. Other Prohibitions. It shall be unlawful for any person, entities, organizations, or
corporations to engage in the following activities:
(a) Use of Compressors
(b) Use of Tumbok/Kutamba in fishing
(c) Use of Sud-sod in fishing
(d) Use of Liba-liba in fishing
(e) Use of Baling/Sarap
(f) Use of Likom
(g) Dealing in, selling, or in any manner disposing of, for profit, gravid crustaceans, such as
but not limited to blue crab.
(h) Possession of illegal and destructive fishing gears.

SECTION 967. Enforcement.This Ordinance shall be implemented by the City Agriculturist Office,
Treasurer’s Office and the various concerned divisions of the City Government, the BFARMC’s and
the CFARMC, non-governmental organizations with the assistance of the Bantay Dagat, Philippine
National Police-Maritime, and other deputized agencies and Fishery Wardens; Provided, that
deputized inspecting officers of said agencies and offices tasked with such purpose be identified by
wearing their Fishery Warden or Deputy Fishery Warden’s Card issued by the City Government;
Provided, further, that legal assistance be provided the Fish Warden or law enforcer in case of
charges of harassment arising from the lawful conduct or lawful enforcement of this Ordinance shall
be tried in Masbate City; Provided finally, that 25% of the total fine, of the penalty for violation of this
ordinance, shall accrue to a trust fund to be used sole3ly for the portend activities of BFARMC,
CFARMC and other similar non-governmental organization. The Deputized Fishery Wardens from
the Office of the City Agriculturist, Bantay Dagat, the PNP-Maritime and other law enforcement
agencies are hereby instructed to take the lead in the enforcement of fisheries and environmental
laws in collaboration and coordination with the FARMCs, and the Cabinet Committee for Maritime
and Ocean Affairs direction under AO 201 for the implementation of the approved MCS system
under the leadership of the Department of Agriculture.
SECTION 968. Authority of Inspection and of Removal/Seizure of Article involved in the Alleged
Offense. Fishery Wardens, Deputy Fishery Wardens and other enforcement officers for fisheries are
hereby authorized to inspect any part of the fishing vessel, gear, and storage areas, cages, corrals,
pens operation sites, machinery spaces utilized for the fishery and all documents pertaining to the
fishing operation; to seize and/or remove any such article which he believes to have been involved in
a fishery offense; and to remove any obstructions at the expense of the lessee, licensee, or
occupant thereof, whenever applicable.
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SECTION 969. Penalties. Any individual, cooperative, partnership, association or corporation found
violating any of the following offenses and those as provided in Section 27 thereof, shall be punished
for each offense by a fine of not less than Two Thousand Five Hundred Pesos but not exceeding
Five Thousand Pesos, or imprisonment of not less six months, but not exceeding one year, or both
such fine and imprisonment, at the direction of the Court:
a. Engaging in fishing or fishery activity not qualified under Section 5, hereof;
b. Engaging in fishing or fishery activity without Fishermen’s License, and/or Vessel
License, and/or License Permit for fishing gear or paraphernalia, and/or Auxiliary
Invoice;
c. Engaging in Baby Trawl fishing, Baling, Pa-aling and hulbot-hulbot;
d. Any violation of the restrictions under Section 8 hereof;
e. Non-compliance with Vessel Identification under section 14 hereof;
f. Sports Fishing without permit from the Office of the City Mayor;
g. Mangrove Conversion;
h. Access in City Waters of fishermen/vessel without corresponding Agreement between
the City Mayor and the Municipal Mayor;
i. Unlawfully obstructing, delaying or evading the authorized inspection and/or
movement of the fishing vessel, gear or paraphernalia, and/or fish or fishery product;
j. Deputized Fishery Wardens, other law enforcers, or government officials conniving
with the offender(s), without prejudice to immediate suspension;
k. Deputized Fishery Wardens or law enforcers, who exceed their authorities;

SECTION 970. Administrative Fines, Confiscation/Seizure, and Cancellation/Non-Renewal or

Permit. Without prejudice to civil and/or criminal prosecution in the regular courts, the offender shall
pay the administrative fine of not more than Five Thousand (P5,000.00) Pesos, and/or for seizure
and confiscation of the fish or other marine/aquatic products unlawfully caught or taken, and/or
impounding of the fishing boat/vessel and any equipment and gear associated with the offense,
and/or cancel and not renew the license, permit or exclusive fishery privilege upon any of the
following grounds:
(a) Any violation of provisions under this Ordinance, the National Fisheries Code and
Fisheries Administrative Orders, and other fishery national and local laws;
(b) Fraudulent and/or false misinterpretation made by the applicant;
(c) Possession of explosives, materials for the fabrication of explosives, noxious or
poisonous substances, electrofishing devices, or have on board fish caught by any of the
foregoing means, other contraband, smuggled goods and/or other prohibited articles;
(d) Possession of fish caught by unlawful means;
(e) Failure to assume responsibility for the use of his fishing boat and any or
all acts of his agents, employees or laborers, including those of the contractors connected
with his fishing operations, or in the establishment management, or operation of the lease
contract, or during the fishing expedition, such as transport and/or possession dynamite,
sodium cyanide, or any other cyanide, or poisonous or noxious substances, as well as
the fish caught through unlawful means;
(f) Failure to notify the Office of the City Mayor within thirty (30) days of the sale or lease
of the fishing boat to another person;
(g) Employ by the boat owner of unlicensed fishermen;
(h) Failure to comply with the conditions and requirements under which the license,
permit, or exclusive fishery privilege is issued, i.e. fees or logbooks, etc.;
i) Obstruction to navigation or the flow or ebb of tide;
(j) Such other causes as may injure public interest, (i.e. fisheries management
purposes), as determined by the City Mayor;
(h) Provided, that any license, permit, exclusive fishery privilege contract found defaced,
erased, or with illegible date of issue, shall be seized at once by any enforcing officer
who becomes aware of this fact, and said license, permit, or contract shall be declared
null and void.

Article III
ESTABLISHING THE BUGSAYON MARINE SANCTUARY

SECTION 971. Declaration of Policy. It is hereby declared the policy of the city:
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 1. To manage the coastal and fishery resources of the City of Masbate, in a manner consistent
with the principle of Coastal Resource Management;
2. To protect and manage the municipal waters its coastal and fisheries resources for the
enjoyment and benefits of the municipal fishers in perpetuity;
3. To enhance people and community participation in the management of the coastal and
fishery resources of the city’s municipal waters through community-based organization, and;
4. To promote eco-tourism activity through a well manages and protected marine sanctuary.
5. To maintain sustainable fishing activity in line with the national program of Food Security.

SECTION 972. Definition of Terms.

1. Bantay Kadagatan Task Force – a coastal and fishery law enforcement unit, composed of
deputized fish wardens, CFARMC Members, PNP-Maritime group, DA-BFAR, DENR, Coast
Guard, and its auxiliary units Masbate City Station and enforcers which tasked to safeguard,
conserved and protect the marine resources and enforce fishery and coastal environmental
protection laws.
2. CFARMC – City Fisheries and Aquatic Resources Management Council.
3. Community-based Organization – a bonafide association of residents of Barangay B. Titong
with demonstrated capacity to promote the public interest and with identifiable leadership,
membership and structure. Its members belong to a sector/s who voluntarily bands
themselves for their own upliftment, development and greater good.
4. Marine Sanctuary – a designated area in the municipal waters where fishing and other
fisheries activities are prohibited and human access may be restricted and which
characterized by high productivity and or high biodiversity.
5. Municipal Waters – include not only streams, lakes, inland bodies of water and tidal waters
within the city which are subject of private ownership and not included within the national
parks, brackish water fishponds leased by the government and national fishery reserves,
refuge and sanctuaries but also marine waters included between two lines drawn
perpendicular to the general coastline from points where the boundary lines of the city touch
the sea at low tide and a third line parallel with the general coastline including offshore
inlands and fifteen kilometers from such coastline. Where two municipalities are also
situated on opposite shores such that there is less than thirty kilometers of marine waters
between them, the third line shall be a line equidistant from opposite shores of the respective
municipalities.
6. Peoples Organization – a bonafide association of citizens with demonstrated capacity to
promote the public interest and with identifiable leadership, membership and structure. Its
members belong to a sector who voluntarily band themselves for their own upliftment,
development and greater good.

SECTION 973. Boundaries of Marine Sanctuary. There shall be a marine sanctuary in the
municipal waters in the City of Masbate within the following geographic coordinates:

From Pt. 1 – N 120 27’ 11.4” latitude to E 1230 33’ 46.2” longitude
Pt. 2 – N 120 27’ 15.1” latitude to E 1230 33’ 51.9” longitude
Pt. 3 – N 120 27’ 40.7” latitude to E 1230 33’ 32.2” longitude
Pt. 4 – N 120 27’ 37.3” latitude to E 1230 33’ 26.6” longitude

Provided, that fishing and other human activities in the marine sanctuary are prohibited: provided,
further that scientific and educational activities shall be allowed in the sanctuary, only if written
permission is obtained from the City Mayor.

There shall be a BUFFER ZONE outside of the Core Zone and it is located 30 meters from every
core lines.

Provided finally, that fishing and other human activities outside the CORE ZONE or within the
BUFFER ZONE, in the marine sanctuary maybe restricted.

SECTION 974. Management of the Marine Sanctuary. The city government through its Masbate
City Marine Sanctuaries Management Board; headed by the City Mayor, the community-based
organization of Barangay B. Titong, the Barangay Council of Barangay B. Titong, the FARMC,
Philippine Coast Guard and its Auxiliary and the Bantay Karagatan Task Force shall be responsible
for the management, protection, conservation and development of the marine sanctuary.
SECTION 975. Formulation of Sanctuary Management Plan. Within thirty days from the approval of
this ordinance, the city government, the community-based organization of Barangay B. Titong, the
Barangay Councils of B. Titong, the CFRAMC and the Bantay Karagatan Task Force, shall
formulate a management plan for the operation of the sanctuary.
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SECTION 976. Appropriation. The city government shall allocate the amount of Five Hundred
Thousand Pesos for the implementation of this ordinance. The Sangguniang Panlungsod shall
provide for the appropriation for the management of the sanctuary for the succeeding years to be
included in the annual budget of the city.

SECTION 977. Penalty. Violator of this ordinance shall be penalized with the following:
a) 1st offense - a fine of Two Thousand Five Hundred Pesos and confiscation of fish catch.
b) 2nd offense - a fine of Three Thousand Pesos and confiscation of fish catch and fishing gear;
c) 3rd and succeeding offenses - a fine of Five Thousand pesos and confiscation of fish catch
and fishing gear or an imprisonment of two to five years or both at the discretion of the court.

Article IV
FISHING VESSEL REGISTRATION

SECTION 978. Scope- The ordinance shall cover all fishing vessels three gross tonnage and below
operating within the municipal waters of the City of Masbate.

SECTION 979. Policy- It is the policy of the City of Masbate to promote the proper management,
conservation, development, protection and utilization of its municipal waters. It shall regulate the
utilization of its coastal and fishery resources. It shall be achieved through registration of fishing
vessels three gross tonnage and below thereby giving priority to the residents and protecting the
rights of the fisherfolk in the preferential use of municipality waters by delimiting access.

SECTION 980. Definition of Term – As used in this Ordinance, the following terms are defined as
follows:

Admeasurements the measure of volumetric capacity o the fishing vessel to determine its gross
tonnage

BFAR Bureau of Fisheries and Aquatic Resources

B/CFARMC Barangay/City Fishery and Agriculture Resource Management Council

Certificate of Number proof of identity of fishing vessel

Fisherfolk people directly or indirectly, personally or physically engaged in taking and/or

culturing and processing fishery and/or aquatic resources

Fisherfolk Cooperative a duly registered association of fisherfolks with a common bond

interest, who have voluntary joined together to achieve a lawful common
social or economic end, making equitable contribution to the capital
requirement and accepting a fair share of the risks and benefits of the
undertaking in accordance with universally accepted cooperative principles

Fishing Vessel any water craft used for fishing or in support to fishing operation in municipal
water weighing three gross tonnage and below

Gross Tonnage the product of vessel tonnage length, vessel depth, and vessel modified by a
factor of 0.07 divided by 2.83

Homeport refers to the locality where the fishing vessel is registered

LGUs Local Government Units; refers to cities and municipalities

License/Permit to Fish the privilege to fish in its municipal water granted to registered
fisherfolks by the LGU

MARINA Maritime Industry Authority

PNP MARIG Philippine National Police Maritime Group

PCG Philippine Coast Guard

Motorized Fishing Vessel a fishing vessel propelled by mechanical means

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Municipal Water include not only streams, lake, inland bodies of water and tidal water of the
municipalities which are not included within the protected areas as defined
under Republic Act No. 7586 (The NIPAS Law), public forest, timber lands,
forest reserve or fishery reserves, but also marine waters included between
two (2) lines drawn perpendicular to the general coastline from point where
the boundary lines of the municipality touch the sea at low tide and third line
parallel with the general coastline including offshore islands and fifteen (15)
kilometers from such coastline. Where two (2) municipalities are so situated
on opposite shores that there is less than thirty (30) kilometers of marine
waters between them, the third line shall be equally distant from the opposite
shore of the respective municipalities.

Net Tonnage the gross tonnage modified by factor 0.32

Registered Breadth the transverse distance taken at a widest part of the hull, excluding rub rails
from the outer board side of the skin on one side of the hull to the outboard
side of the skin on the other side of the hull.

Registered Length the horizontal distance between the outboard side of the foremost part of the
stem and the outboard side of the aftermost part of the stem, excluding fittings
and attachments

Registration an act/process of enlisting a fishing vessel three gross tonnage and below for
the purpose of establishing identity and ownership by assigning it a permanent
number (recorded in the city registry of city fishing vessels)

Tonnage Breadth measured at the mid part from the gunwale inside of the skin of the hull to the
inside of the skin on the other side of the hull

Tonnage Depth measured at the centerline from a point below the line of the tonnage deck.
Measurement taken at right angle to the vessel centerline of the vessel down
to the inboard of the bottom skin of the hull

Tonnage Length the length measured at the center line of the fishing vessel from the point
forward where the line of the tonnage deck intersects the line of the faces at
the stem to the point, where the line of the tonnage deck intersects the
inboard face of the stem

SECTION 981. Registration of Fishing Vessels- All fishing vessels three gross tonnage and below
shall be registered with the City through the City Agriculture Office.

SECTION 982. Registry of Fishing Vessels- The City of Masbate through the City Agriculture Office
shall keep a registry of fishing vessels three gross tonnage and below. The registry shall be for the
purpose of information generation, monitoring and regulation, establishment of identity of
ownership of vessels and maritime safety.

The CAO shall maintain and update the registry of fishing vessels with the assistance of the
Barangay/City Fishery And Agricultural Resource Management Council (BFARMC/CFARMC) and
submit the update registries to the Office of the Mayor. The LGU shall regularly submit the list of
fishing vessels registered and deleted/cancelled from the registry within the first quarter of the
succeeding year to the Maritime Industry Authority (MARINA) Central Office or Regional Office
concerned, the Philippine Coast Guard (PCG) Station and Department Of Agriculture – Bureau Of
Fishery And Aquatic Resources. The Barangay Councils shall be furnished a copy of the registry
to be posted in barangay halls and in other strategic location where it shall be accessible to the
public for validation of the corrections and completeness of the list.

SECTION 983. Eligibility for Fishing Vessel Registration - Only those fishing vessel which are
owned by Filipino citizens, single proprietorship, partnerships and/or corporation fully owned by
Filipinos, and duly registered or accredited fisherfolk association and cooperatives shall be eligible
for registration.

SECTION 984. General Registration Guidelines for Issuance of Certificate of Numbers (CN)

The applicant shall submit to the City Agriculture Office the following documentation:

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a) Duly Accomplished Standard Registration Application under oath using a standard application;
b) Clearance from PNP-Maritime Group Headquarter certifying that the fishing vessel is not involved
in any criminal offense;
c) Official Receipt of Purchase of Engine;
d) Police Clearance that the engine purchased is not from a car napped/stolen vessel: and,
e) Official receipt evidencing payment of corresponding vessel registration fees/proof of ownership.

SECTION 985. Issuance of New Certificate of Number

The City shall verify/issue a new Certificate of Numbers in case of fishing vessel changes in
homeport. A change in homeport may occur in case the owner/operator decides to change
residence or principal office, or sells or transfers ownership of the fishing vessel to a person or certify
with domicile in another local government unit. The City shall, upon application for change homeport,
issue a certificate of clearance and shall cancel the registration of such fishing vessel from its
registry.

No clearance for the change shall be issued by the current homeport under the following instances:

a)The single proprietorship, partnership, corporation or fisherfolk cooperative has no

branch office in the intended homeport;
b) There is an outstanding safety requirement, which the fishing vessel has to comply;
c) The fishing vessel is involved in a pending civil case regarding questions of ownership.

The new homeport shall issue a new Certificate Of Numbers upon filing of an application for
issuance of new certificate supported by the following documents:

a. The original copy of the certificate of numbers; and

b. Clearance to change homeport issued by the current homeport.

SECTION 986. Re-issuance of Certificate Of Numbers. The City shall re-issue the Certificate Of
Numbers in the following instances:

a. Change in ownership or transfer of the fishing vessel without change in the

homeports:
b. Change in the engine of motorized fishing vessel:
c. Change of name; and,
d. Loss of Certificate Of Numbers.

A. Change in ownership

In case the fishing vessel is the subject of sale or transfer of ownership, the City shall re-issue the
Certificate Of Numbers containing the amended information on ownership upon application of the
new owner or transferee, and subject to compliance with the following requirements:

a. Submission of a duly notarized Deed of Absolute Sale;

b. Posting in the Barangay or City Hall for seven consecutive days giving notice that the
fishing vessel has been sold or transferred to a new owner;
c. Affidavit of posting executed by the Punong Barangay or City Mayor that said notice
had been posted in the premises and that there are no oppositors to the fishing
vessel’s sale; and
d. Original copy (ies) of the certificate of numbers.

B. Change in engine

In case of replacement of vessel engine, an application for the issuance of new certificate of
numbers shall be filed with current homeport accompanied by the following documents:

a. The original copy of the certificate of numbers;

b. Official Receipt of Purchase of Engine; and
c. Police Clearance that the engine purchased is not from carnapped/stolen vessel.

C. Change of name

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The City shall re-issue a certificate of number when an owner or operator desires to change the
name of his fishing vessel upon application filed with the current homeport, starting the reason for
such.
An application for change of name shall not be approved if the fishing vessel is involved in a civil
case regarding question of ownership or in a criminal or civil case for violation of a fishery law or
ordinance.

Only application which complete documentary requirements shall be accepted. The following are the
documents that should be attached to the application:

a. The Original copy of the certificate of numbers;

b. The posting of a notice in the Barangay or City Hall on the change of the name of the
fishing vessel for a period of seven consecutive days;
c. Affidavit of posting executive by the Punong Barangay or City Mayor that notice had
been posted and that no opposition or claims were filed against the vessel during the
seven day period of posting.

D. Loss of certificate of numbers

a. Affidavit of loss; and

b. Certified photocopy of the original certificate of numbers.

SECTION 987. Vessel Marking or Color Coding

All duly registered fishing vessels operating in the municipal water shall be assigned an official
number and a name and shall be painted a mark/color GREEN, for easy identification of fishing
vessels from the city.

SECTION 988. Deletion and Cancellation of Fishing Vessel Registration- The fishing vessel
registration shall be deleted or cancelled under the following circumstances:

a. Loss or decay of the fishing vessel;

b. Involvement of the vessel in a marine/maritime incident;
c. Transfer of municipal area of operation of the fishing vessel; and
d. Such other lawful causes.

Under the foregoing circumstances, the owner/operator of the subject vessel shall immediately
inform the City.

SECTION 989. Monitoring of Registered Fishing Vessel

The LGU shall institute a monitoring system to determine compliance with Executive Order 305 and
its implementing Guidelines.
The LGU shall take in consideration in its legislation and other factors to guide them in approving the
registration of fishing vessels such as but not limited to the carrying capacity of its marine resources
and constitutional and statutory preferential right of municipal fisherfolk within municipal waters.

SECTION 990. Schedule of Fees. The City shall exact the following registration fees annually for
each motorized banca to be operated within the municipal waters of Masbate City, to wit:

a. Certificate of Number- - - - Php 65.00

b. Permit to Operate:
4.One (1) gross ton (GT) and below- - - - 200.00
5.Above One (1) GT to Two (2) GT - - - - 300.00
6.Above Two (2) GT to Three (3) GT- - - - 400.00
c. Operator’s License - - - - - - - - - - - - - - 150.00
d. Transfer of Ownership - - - - - - - - - - - - 75.00
SECTION 991. Time of Payment. The fee imposed in the preceding section shall be paid to the City
Treasurer upon application for a motorboat registration before any operation can be lawfully begun
and within the first twenty days of January of each year and every year thereafter.

SECTION 992. Fines and Penalties. Any person found violating provisions of this ordinance shall be
penalized in accordance with the following:
1st Offense - a written warning
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 2nd Offense -a fine of Two Hundred Pesos                                     
3rd Offense- a fine of Five Hundred Pesos                                   
and an imprisonment at the discretion of the Court.
Article V
DECLARING AN AREA OF 200 HECTARES MORE OR LESS WITHIN THE MASBATE BAY,
MUNICIPAL WATERS OF MASBATE CITY AS MARICULTURE PARK AND ESTABLISHING
BASIC MECHANISM FOR ITS OPERATION AND PROVIDING FUNDS THEREOF

SECTION 993. Declaration of Policy. It is hereby declared a policy of the City:

a. To protect and develop the fishery and aquatic resources in the municipal waters and
reserve use and enjoyment primarily to residents of the city;
b. To achieve food security as the overriding consideration in the utilization, management,
development, conservation and protection of fishery resources in order to provide the
food needs of the population;
c. To protect the rights of the municipal fisher folk /s and the local communities to the
preferential use of the communal and fishery resources, based on resources and
ecological conditions, while ensuring their empowerment as active participants in the
management of such resources, consistent with the commitments under international
treaties and agreements;
d. To ensure the rational and sustainable development, management and conservation of
the fishery and aquatic resources in the municipal waters consistent with the primordial
objective of maintaining a sound ecological balance, protecting and enhancing the quality
of the environment;
e. To manage fishery and aquatic resources, in a manner consistent with the concept of an
integrated coastal area management in specific natural fishery management areas,
appropriately supported by research, technical services and guidance provided by the
city;
f. To grant the private sector, in absence of the municipal fisherfolk/s who signify intention
to avail their preferential rights, the privilege to utilize resources under the basic concept
that the grantee, licensee or permit thereof shall not only be privileged beneficiary of the
City but also in active participant and partner of the government in the sustainable
development, management, conservation, and protection of the fishery and aquatic
resources of the country without undermining the carrying capacity of the resources; and
g. To provide support to the fishery sector, primarily to the municipal fisherfolk/s, including
women and youth sectors, through appropriate technology and research, adequate
financial, production, construction of post-harvest facilities, marketing assistance, and
other services. The protection of municipal fisherfolk/s against foreign intrusion shall be
extended to offshore fishing grounds. Fishworkers shall receive a just share for their labor
in the utilization of marine and fishery resources.

The City shall ensure the attainment of the following objectives of the fishery sector:

a. Conservation, protection and sustained management of the country’s fishery and aquatic
resources;
b. Poverty alleviation and provision of supplementary livelihood among municipal fisher
folk/s;
c. Improvement of productivity of aquaculture within ecological limits;
d. Optimal utilization of offshore and deep-sea resources; and
e. Upgrading of post-harvest.

SECTION 994. Definition of Terms:

1. Aquaculture – fishery operations involving all forms of raising and culturing of fish and other
fishery species in fresh, brackish and marine water areas.
2. Aquatic Resources – includes fish, all aquatic flora and fauna and other living resources
environment, including but not limited to salt corals.
3. Buoy – a float moored on a rock or shoal or at that edge of a channel as guide or marker to
fishermen and navigators.
4. FARMCs – the Fisheries and Aquatic Resources Management Councils.
5. Fish Cage – any method of culturing fish and fishery resources in a fish enclosure which is either
stationary or floating; made up of nets or screens sewn or fastened together and installed in the
water with opening at the surface or covered and held in a place by wooden bamboo posts or
various types of anchors and floats.

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6. Fish Pen – an artificial enclosure constructed within a body of water for culturing fish and fishery
resources, made up of poles bamboo or wooden materials, screen or nylon netting to prevent the
escape of fish, principally located at the shallow portion of the park.
7. Fish Sanctuary – a designated area where fishing and other forms of activities is absolutely
prohibited and restricted to human access.
8. Food Security – refers to any plan, policy or strategy aimed at ensuring adequate supplies of
appropriate food at affordable prices.
9. Foreshore Land – a string of land margining a body of water, part of seashore between the low-
water line usually at the seaward margin of a low tide terrace and upper limit of wave wash at
high tide usually marked by a beach scrap or berm.
10. Mariculture Park – is an area in the waters duly designated by proper authorities for legitimate
conduct of mariculture activities basically involving growing of marine species of plants and
animals and provided necessary infrastructure and amenities to make it convenient for
entrepreneur to locate or engage in mariculture business for fee.
11. Municipal Waters – include not only streams, lakes, inland bodies of water and tidal waters within
the Municipality which are not included within the protected areas as defined under Republic Act
No. 7586 (The NIPAS Law), public forest, timber lands, forest reserves or fishery reserves, but
also marine waters included between two (2) lines drawn perpendicular to the general coastline
from points where the boundary lines of the municipality touch the sea at low tide and a third line
parallel with the general coastline including offshore islands and fifteen (15) kilometers from such
coastline. Where two (2) municipalities are so situated on opposite shores that there is less than
thirty (30) kilometers of marine waters included between them, the third line shall be equally
distant from opposite shore of the respective municipalities.
12. Sea-Ranching – the release of the young of fishery species reared in hatcheries and nurseries
into natural bodies of water for subsequent harvest at maturity or the manipulation of fishery
habitat, to encourage the growth of the wild stocks.
13. Zone – subdivision of the City/Municipal waters into uses.

SECTION 995. Delineation of Boundaries. The Maricuture Park is hereby set aside between and
among Barangay Kinamaligan, Maingaran, Pawa, Batuhan, and Bantigue with detailed coordinates
formed by the following Technical Descriptions:

BOUNDARY COORDINATE
POINT DISTANCE
LATITUDE LONGITUDE
1 N 12˚ 21’ 28.8” E 123˚ 35’ 45.7” Point 1 to Point 2 = 1027.976539
2 N 12˚ 21’ 51.2” E 123˚ 35’ 20.5” Point 2 to Point 3 = 1751.3135
3 N 12˚ 22’ 36.55” E 123˚ 35’ 55.34” Point 3 to Point 4 = 777.2613596
4 N 12˚ 21’ 24.56” E 123˚ 36’ 17.99” Point 4 to Point 5 = 949.7115522
5 N 12˚ 21’ 54.1” E 123˚ 36’ 13.7” Point 5 to Point 1 = 1150.77997

Provided, that nothing in this section shall be interpreted to justify the construction of structures that
pose obstruction to navigation, the flow and ebb of tides, or the migration paths of fish and other
aquatic organism. Provided, further that the Sangguniang Panlungsod may, by appropriate
ordinance and upon recommendation of and consultation with the FARMC, establish additional
Mariculture Zone. No license shall be interpreted to justify any form of fishing activity within the
designated Mariculture Zone.

SECTION 996. Total Area. The total area of Masbate City Mariculture Park is 200.78213 hectares
including the navigational lane that may be establish.

SECTION 997. Uses. The Masbate City Mariculture Park shall be delineated into various fishery
commodities for small, medium and large scale mariculture operation like fish cages, fish pens,
corral traps and similar structures.

SECTION 998. Administration. The Masbate City Mariculture Park is hereby placed under the
general administration, supervision, and control of the Masbate City Mariculture Executive
Management Council (MCMEMC) formed exclusively for the purpose as promulgated in a separate
Memorandum of Agreement (MOA) which is hereto attached as Annex “B”.

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SECTION 999. Composition. The Masbate City Mariculture Executive Management Council
(MCMEMC) shall be composed of the following:

Chairman : City Mayor, City of Masbate

Co-Chairman : Regional Director, Bureau of Fisheries & Aquatic Resources,
Regional Office V
Members : Chairman, City Fisheries and Aquatic Resources Management
Council (CFARMC) of Masbate City;
: President/Representative of the Masbate City Mariculture Park
Investors/Locators Association;
: Barangay Captain, Barangay Kinamaligan;
: Barangay Captain, Barangay Maingaran;
: Barangay Captain, Barangay Batuhan;
: Barangay Captain, Barangay Bantigue;
: Barangay Captain, Barangay Pawa;
: Sangguniang Panlungsod Member/ Chairman, Committee on
Agriculture, Food and Fisheries; and
: City Agriculturist.

SECTION 1000. EMC Secretariat. There shall be a Secretariat composed of support staff from the
City Agriculture Office and BFAR, Provincial Fishery Office.

SECTION 1001. Duties and Responsibilities. The Executive Management Council shall:

a. Recommend to the City Council the terms and conditions on the use of portions of Mariculture
Park by locators, determining rental rates and the area to be allocated to individuals or
corporations for consideration of the City Council;
b. Constitute a Program Management Unit to be headed by a project manager who shall take care
of the day-to-day operations of the Mariculture Park. All parties hereto agree and commit to
assign the necessary personnel for the manpower complements of the PMU;
c. Formulate guidelines for the project operations;
d. Evaluate applications for the establishment of sea cages by locators and in case of approval,
forward the lease agreement to BFAR and LGU for signing;
e. Prepare a management plan and program for the future development and long term
sustainability of the Mariculture Park;
f. Oversee the project staff assigned at the project site;
g. Recommend, source out and prepare an annual budgetary program for the project operations;
and
h. Convene on a regular basis (quarterly or semi-annually) as the need arises.

SECTION 1002. Fish Culture. The species allowed to be grown in the Mariculture Park fish cages
are only those with commercial value but not limited to: bangus, tilapia, siganids,
red/green/tiger/panther groupers (lapulapu), pomfrey (pompano), sergeant fish (cobia), sea bass
(apahap), red snapper (mangangat), caranx (talakitok) and other high value fish.

SECTION 1003. Security Management. Security in the Mariculture Park shall be established in order
to protect the established farm inside, to secure the fish cages and other commodities from poaching
and shall be operational twenty-four (24) hours a day. Likewise, a security of investment such as
insurance to aquaculture should be created to prevent losses in capitalization of investor from
natural and man-made calamity.

SECTION 1004. Implementing Rules and Regulations. Within 60 days upon effectivity of this
Ordinance, the Sangguniang Panlungsod through the Masbate City Executive Management Council
(MCEMC) shall formulate and adopt an implementing rules and regulations relative to the operation
and management of the Mariculture Park.

SECTION 1005. Funding Requirements

a. The City Government shall initially appropriate the amount of Two Million Five Hundred
Thousand Pesos (Php 2,500,000.00) from any available funds for the operation and
maintenance of the Mariculture Park. The said appropriation may be increased in the future,
when the need arises upon the recommendation of the MCMEMC.
b. The DA-Bureau of Fisheries and Aquatic Resources shall likewise initially provide the amount of
Two Million Five Hundred Thousand Pesos (Php 2,500,000.00) from its support fund for the

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 establishment of Mariculture Park in accordance with the pertinent provision of Republic Act
8550, and after compliance of the following requirements:
b.1 Copy of the approved ordinance;
b.2 Result of the bathymetric survey;
b.3 Orientation to LGU officials on the technical and administrative requirements in the
operation of the Mariculture Park;
b.4 Environment Compliance Certificate; and
b.5 Project Launching.

CHAPTER XIV
GOVERNANCE

Article I
PROVIDING RULES AND REGULATIONS TO IMPROVE MEAT INSPECTION SERVICES AT THE
CITY ABATTOIR.

SECTION 1006. Rules and Regulations

1. The City Government must employ a City Veterinarian and Meat Inspector duly accredited by
the National Meat Inspection Commission, who will conduct Meat Inspection and issue
corresponding certificate that the meat coming from the city abattoir are fit for human
consumption;
2. All food animals must be slaughtered in the City Abattoir and has undergone ante-mortem
and post –mortem inspection;
3. Before any animal is slaughtered, a permit shall be secured from the City Mayor through the
Veterinarian or the Meat Inspector duly designated and authorized for the purpose;
4. Condemnation of the carcasses shall be in addition to the penalties provided in the ordinance
in cases of hot meat;
5. Permit to slaughter shall be granted to the owner of cattle not prohibited by the National Meat
Inspection Commission as provided under Administrative Order No. 11, October 14, 1986;
6. Ante-Mortem and Post-Mortem inspection of livestock and poultry shall be governed by the
National Meat Inspection Commission, Administrative Order No. 6, series of 1975;
7. Scope of inspection shall apply to the Masbate Abattoir where “food animals” are
slaughtered and sold for human consumption, food meat markets, refrigerating plants,
Litsonan and other establishments duly authorized to operate in accordance with the
provision of Commonwealth Act 82 as amended by Presidential Decree 07 and Letter Of
Instruction No. 16

SECTION 1007. Definition of Terms

1. Abattoir or Slaughterhouse – the premises approved and registered by the controlling
authority used in the slaughter of animals for human consumption;
2. Carcass – the body of any slaughtered animal after bleeding and dressing;
3. Cleaning – removal of objectionable matter
4. Controlling Authority – refers to the National Meat Inspection Commission in relation to
slaughterhouse or establishment pursuant to Presidential Decree 07 and Letter Of Instruction
No. 16;
5. Deputized Meat Control Officer – any Veterinarian of the Bureau of Animal Industry or any
agency properly trained in Meat Inspection work and authorized by the controlling authority to
perform the duties of a regular Meat Central Office.
6. Downer – refers to crippled or rendered invalid unable to stand or showing abnormal
locomotion;
7. Dressed:
1) in relation to slaughtered animals except for pigs, sheep and lamb, goats and kids, means
removal of head, hide or skin, viscera, genital organs, urinary bladder and feet up to the
carnal and tarsal joints and udders of lactating animals, animals that have calved or are in
advanced pregnancy;
2) in relation to slaughtered pigs, means the removal of hairs, bristle or skin, claws, eyelids,
viscera, genital organs, urinary bladder, furrowed or are is advanced pregnancy and the
external acoustic duct unless in respect of that part or alternative effective from of cleaning is
carried out;
3) in relation to sheep and lambs, goats and kids means removal of the head, except in the
case of young lambs, the pelt or skin viscera, genital organ, urinary bladder and feet up to
the carnal and tarsal joints and udders or lactating animals, animals that have lambed or are
in advanced pregnancy.

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 4) in relation to cattle, pigs and solipeds includes where necessary splitting of the carcass, to
split means the dividing of the carcass lengthwise on the medial line.
8. For human consumption – an article which has been passed and appropriately branded by
an Inspector and in which no changes due to disease, decomposition or contamination have
subsequently been found.
9. Food Animals – includes all domestic livestock killed for human consumption, such as cattle,
carabaos, buffaloes, horses, sheep, goats, hogs, deer, rabbit and poultry.
10. Hot Meat – meat from food animal and poultry clandestinely slaughtered and sold to the
public
11. Inspected and condemned – the carcass or parts of carcass so marked are unsound,
unhealthful, unwholesome or otherwise unfit for human food that can be rendered into animal
food shall be dyed and cooked, while those unfit for both human and animal consumption
shall be denatured with strong chemical disinfectant prior to final disposition as changed in
this Ordinance.
12. Inspected and passed – that the carcasses or part of the carcass so marked have been
inspected, passed and were found to be sound, healthful, wholesome, and otherwise fit for
human food.
13. Meat – edible part of any animals slaughtered in at abattoir.
14. Meat Control Officer- a veterinarian of the city or the Meat Inspector duly authorized for meat
inspection.
15. Meat Handling – term used in the meat trade which includes slaughter, preparation,
inspection, cutting, packaging, preservation, etc; of meat
16. Meat Inspector – properly trained officer of the City Government for the purpose of meat
inspection and supervision of meat hygiene and preservation.
17. NMIC – National Meat Inspection Commission
18. Post Abattoir Handling - refers to the handling of meat as it is prepared and leaves in the
abattoir to Masbate Public Market, processing plants, cold storage, litsonan, etc.
19. Slaughter- the killing of food animals in relation to meat inspection.
20. Slaughter Animals - any food animals brought into an abattoir for slaughter.
21. “Suspect” – animals suspected of being affected with a disease or condition which may
require condemnation in whole or in part when slaughtered and is subject to further
examination to determine its disposal
22. “Brand” any mark or stamp approved by the controlling authority and includes also any tag
or label bearing such mark or stamp.
23. Litsonan or whole pig roasting business
24. Potable Water – water that is pure and wholesome at the point of usage in accordance with
World Health Organization requirements contains in the international standard for drinking
water.

SECTION 1008. Operation and Management of City Abattoir or Masbate City Slaughterhouse.
1. The operation and Management of City Abattoir or Slaughterhouse shall be under the
supervision of the Office of the City Mayor through the City Veterinarian
2. The City Abattoir must have an adequate trained manpower who shall maintain hygiene
and sanitation in the premises including food animals temporarily confined in the holding
pen;
3. The Office of the City Mayor shall create Task Force who shall be responsible in the
conduct of raid and confiscation of all clandestine slaughtered animals in the City.
4. No person shall be allowed to work in the City Abattoir without proper training and duly
licensed for the purpose.
5. Meat Handlers or Butchers must register and be duly licensed by the City Government
through the City Treasurer’s Office, before the former could engage in the meat trade.
6. The City Treasurer’s Office shall assign personnel who shall be responsible for the
collection of fees and charges in the City Abattoir for services rendered.

SECTION 1009. Fees and Charges herein impose is in accordance with the Tax Code Ordinance
No. 1, series of 1999 of the then Municipality of Masbate, in conformity with Sec. 57, Article IX of
R.A. 8807 to wit:
1. Permit to Slaughter
1.1. Large cattle per head - P 22.00
1.2. Hog per head
less than 50 kls - 11.00
over 50 kls per kilo
in excess of 50 kgs - 5.00
2. Slaughter fee
a. For Public Consumption
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 a) Large cattle per head - 16.00
b) Hog per head - 11.00
c) other animals, per head- 5.50
b. Corral Fee per head per hog
a) Large cattle - 5.50
b) Hogs - 5.50
c) other animals - 2.20
3. Post Mortem Fee
a) Beef, Carabeef, per kilo - 1.10
b) Pork, per kilo - 1.10
c) other meat - .50
4. Livestock Development
4.1. Large Cattle per head - 5.50
5. Service Fee for delivering of
dressed meat from the Abattoir
to the market/meat shop litsonan
per kilo - .11

SECTION 1010. Fees for Registration and License of Meat Handlers/Butchers shall be governed by
pertinent provision of Tax Code Ordinance No. 001, series of 1999.

SECTION 1011. Manner of collection

1. Fees and charges for services rendered at the City Abattoir shall be collected by the duly
assigned Revenue Collecting Clerk of the City Treasurer’s Office;
2. Collection of fees and charges shall be made before the meat is dispatched to the Masbate
Public Market or Meat Shop.
3. The collection of Post-Mortem fee as herein provided is in accordance with the Department
of the Interior and Local Government Memorandum Circular No. 94-94 of June 8, 1994.
4. License fee as mentioned in Section 5 hereof, shall be paid at the City Treasurer’s Office.

SECTION 1012. Issuance of Meat Handlers License – applicant must undergo a seminar to be
conducted by the National Meat Inspection Commission through the City Veterinarian as an
essential requirements before issuance of License, plus Medical Certificate, Police Clearance,
Barangay Clearance and Mayor’s Permit.
License is non-transferable and the grantee is authorized to operate in the specified areas
approved in the application.

SECTION 1013. Renewal and Revocation of License – The license is valid for one year and the
same is renewable should the applicant desires to renew the license at least one month prior to the
expiration date of the license.
The said license, however, may be revoked for violation of meat Inspection Guidelines and at
anytime if the interest of the consuming public is already affected.

SECTION 1014. Penalties - Any person who shall slaughter animals which have not submitted for
ante-mortem inspection prescribed in the ordinance, or who shall store, transport, sell, or otherwise
dispose of food carcass, organs or parts thereof which has not been previously inspected and
passed or have been found upon inspection to be unfit for human consumption, or who shall
contravene or violate any of the provisions of the ordinance as it involves the safety of the public
health, or who shall falsify, forge, counterfeit, alter, deface or destroy any Certificate, pass, logo, and
other papers issued or marked by virtue of this ordinance, shall be liable to prosecution and upon
conviction shall suffer the penalty of a fine of One Thousand Pesos Only but not more than Five
Thousand Pesos or imprisonment of six months but not more than one year, or both AT the
discretion of the court.

Article II
CREATING MASBATE CITY COUNCIL FOR YOUTH AFFAIRS

SECTION 1015. Definition Of Terms –

1. Youth – shall refer to persons both male and female between the age of
15 to 25 years old which shall include but not limited to the following:
Sangguniang Kabataan members and all other youth organizations duly
recognized at the barangay level;
a. Out-of-School youth – refers to all youth whether organized or not who are presently enrolled
in any educational and vocational institution;
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 b. In-School Youth – refers to all youth whether organized or not, presently enrolled in any
educational or vocational institutions which include but not limited to the following school
organization (academic or non-academic) student government, fraternities and sororities;
c. Working Youth – youth who are either employed, self-employed or under employed;
d. Special Youth – refers to disables youth or those who suffered physical defects.
SECTION 1016. Composition - The Masbate City Council for Youth Affairs (MCCYA) Office shall be
composed of the following:
a. Chairman – Sangguniang Kabataan Federation President
b. Representative from:
1. Out-of-School Youth
2. In-School Youth
3. Working Youth
4. Special Youth
5. Representative of Accredited Organization.
c. Two (2) advisers to be selected by the Council subject to the confirmation of the City Mayor.
Suggested advisers are (1) Chairman, Committee on Youth in the Sangguniang Panlungsod.

SECTION 1017. Terms Of Office – The Chairman and all the members of the Council shall hold
office during their incumbency in their respective organizations and in no case the term shall not
exceed five years.

SECTION 1018. Governing Body – The Masbate City Council for Youth Affairs is the highest policy
making and governing body of all youth organization existing within Masbate City and accredited by
the Council. All members of the Council shall be elected by the different youth sector and accredited
organization.

SECTION 1019. Functions, Duties, Responsibilities – Aside from the functions, duties,
responsibilities already mandated by the Local Government Code of 1991 and of their respective by
laws, the following duties, responsibilities, functions shall be observed:
1. Facilitate citywide trainings and seminars of all Sangguniang Kabataan and all other youth
organizations that shall:
A. Develop leadership abilities;
B. Orient the applicability of all laws relative to the organization;
C. Enhance organizational and managerial skills; and
D. Evolve a sustained development training program.
2. Conduct and annual summer youth camp;
3. Facilitate and monitor all activities pertaining to youth development;
4. Conduct researched and policy recommendation on:
A. Policy and information base development
B. City youth development plan formulation
5. Livelihood training and development
A. Capability building training and seminars;
B. Youth Cooperative development
C. Pilot areas for youth base livelihood projects
D. Inter-agency linkages
6. Initiate advocacy workshop on:
A. New politics
B. Environmental awareness
7. Youth agenda/ empowerment and network building which shall involve:
A. Consultation and conventions
B. MCCYA Summer youth program
8. Coordinate with other agencies whether government or private for youth welfare and
development.
9. Establish a base network for junior drug watch, junior tanods and other for communication
accessibility particularly during calamities.
10. Facilitate a well coordinated youth programs and projects
11. To assist the City Government in all developmental projects
12. Establish a City Youth Library at MCCYA Office
13. Conduct an annual youth summit
14. Establish physical fitness center at the Masbate City Youth Center

SECTION 1020. Accreditation/ registration - All youth organizations existing within the Masbate
City shall submit accreditation requirements with the Office of the Masbate City Youth Affairs
Council. The following requirements shall be submitted:
1. Resolutions requesting for registration/ accreditation of the organization.
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 2. List of officers and members
3. Constitution and by-laws
4. Financial Statement (optional)
5. If, SEC Registered, a copy of the certification from the SEC
6. Certification of existence of the association/ organization from the Punong Barangay or
School Administrator.

SECTION 1021. Any youth organization/ association existing within the Masbate City who failed to
register or accredit are not entitled to any benefits that the City may provide and are not entitled to
representation to the Council.

SECTION 1022. The Masbate City Council for Youth Affairs shall hold its office at the Masbate City
Youth Center, Masbate City whose supervision and control is under the City Social Welfare and
Development Office.

SECTION 1023. Internal Rules and Procedures – The internal rules and procedures shall provide
for the following:
1. The order and calendar of business for each session;
2. The parliamentary procedures which shall include the conduct of all its members during
session;
3. The discipline of members for disorderly behavior and absences without justifiable reasons
for six (6) consecutive session either regular and special for which they may be censored,
reprimanded or excluded from the session, suspended for not more than thirty (30) days or
expelled. Provided that the penalty of suspension or expulsion shall require the concurrence
of at least 2/3 vote of all the Council members, provided further that a member convicted by
the final judgment to imprisonment for any crime involving moral turpitude shall be
automatically expelled from the Council.
4. The manner of approving resolutions.
Such other measures as the Council may adopt.

Article III
ESTABLISHMENT OF THE LOCAL PRICE COORDINATING COUNCIL

SECTION 1024. There is a need to establish the Local Price Coordinating Council to check
unscrupulous business practices and for the implementation of Trade and Industry Laws and
Consumer related laws.

SECTION 1025. Composition – The Local Price Coordinating Council shall be composed of:

Chairman: City Mayor

Vice Chairman: Department of Trade and Industry Provincial Director
Members:
City Treasurer
DTI Arbitration Officer
Local Licensing Officer
Representative from Consumer Organization
Chairman, SP Committee on Trade and Industry
Representative from the Media

SECTION 1026. Purpose

1. Local Price Coordinating Council shall make Masbate City consumers aware of their
rights and responsibilities in coordination with DTI through the conduct of information and
education activities regarding the Republic Act 7394, or the Consumer Act of the
Philippines, Business Name Law, Tag and Labeling laws and the Standard law, and the
Price Act including but not limited to the return and exchange of defective goods;
2. Local Price Coordinating Council shall conduct public hearings, meetings and dialogues
with other government agencies and non-governmental organizations on issues/ topics
related and affecting consumers;
3. Local Price Coordinating Council shall assist/direct consumers to file complaints at DTI or
other government agencies if they feel aggrieved or short changed in their dealings with
unscrupulous businessmen;

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 4. Local Price Coordinating Council should apprise businessmen of existing Fair Trade
Laws such as laws on price tag, under-weighing and unfair competition practices, and
related laws;
5. Local Price Coordinating Council shall ensure that rice and other basic commodities are
made available to consumers at government controlled price.

Article IV
PRESCRIBING NEW RULES & REGULATIONS IN FUND RAISING CAMPAIGN/SOLICITATION.

SECTION 1027. Definition of Terms:

a) Fund-raising campaign – an operation of private individuals, groups and organization to make
provisions for a specific objective;
b) Solicitation – the act of obtaining, appealing or asking financial or material help; excludes raffle
draw, bingo social and similar activities;
c) Organization – an association or society of people working together to some end;
d) Association – an organized body of people having a common interest;
e) Similar juridical entities – organization or association duly registered and recognized under the
laws of the Philippines having its own juridical personality; and
f) Person – an individual having rights and privileges under the law.

SECTION 1028. Administrative Provisions – No person, organization, association or any other

similar entity, shall engage in any form of fund raising campaign through solicitations without
obtaining a permit from the City Government through the City Social Welfare and Development
Office.

SECTION 1029. Rules and Regulations – The following rules and regulations shall be observed in
fund-raising campaign/solicitations:
1. Application of permit for fund-raising campaign through solicitation must be in writing duly signed
by the applicant, head of the organization/association or similar juridical entity. The application
letter must state the purpose of the solicitation, whether it be for patronal fiesta, participation in
provincial, regional/national activities, medication, burial or any other charitable purpose.
2. For organization, associations and or similar juridical entities, Board Resolution authorizing
request for permit to solicit is required;
3. Financial statement during the year of application must be attached to the letter of application;
4. Inclusive dates and number of days of the duration of campaign/solicitation and other
documents which may be required under existing laws.

SECTION 1030. Penalty Clause - Any person, organization, association or any other similar juridical
entities found violating this ordinance shall be meted the following penalties;
a) First Offense - Two Hundred Pesos
b) Second Offense - Three Hundred Pesos and sanction of prohibition for indulging
in solicitation for one year.
c) Third Offense - Five Hundred Pesos and sanction of prohibition from indulging in
solicitation for two years.
d) Fourth Offense - One Thousand Pesos and sanction to be prohibited or banned forever
in engaging in solicitation.

Article V
ESTABLISHING THE MASBATE CITY MATERIAL LABORATORY TESTING CENTER AND
IMPOSING FEES FOR TEST SERVICES RENDERED

SECTION 1031. Authority. Republic Act 7160 or the Local Government Code of 1991 empowers the
Sangguniang Panlungsod to prescribe reasonable limits and restraints on the use of property within
the jurisdiction of the city (Section 458-2 (vi)). Likewise, it provides the policy of the State to enjoy
genuine and meaningful local autonomy to enable them to attain their fullest development as self-
reliant communities and make them more effective partners in the attainment of national goals as
well as the general welfare clause, that every local government unit shall exercise the powers
expressly granted, as well as powers necessary, appropriate or incidental for its efficient and
effective governance and those which are essential to the promotion of general welfare.

SECTION 1032. Purpose. Consistent with the mandates of the Local Government Code, the City
Government of Masbate in its quest to truly serve its constituents shall establish the Masbate
Laboratory Testing Center and shall provide appropriate testing material facilities for concrete and
masonry products, steel testing, soil and soil aggregates and concrete aggregates and the required

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laboratory of its own to provide the necessary services, compliances to requirements and other
related purposes.

SECTION 1033. Services and Fees. Following are the type of tests, standard designation, test code
and their corresponding test fees:

CONCRETE AND MASONRY PRODUCTS

STANDARD TEST UNIT
TYPE OF TEST
DESIGNATION CODE PRICE
Compressive Strength of Cylinder (6” x 12”) ASTM C 39 C 001 120.00
Compressive Strength of Cylinder (4” x 8”) ASTM C 39 C 002 140.00
Compressive Strength of Cylinder (10,001 psi –
ASTM C 39 C 003 175.00
15,000 psi)
Compressive Strength of CHB 4” ASTM C 140 C 004 135.00
Compressive Strength of CHB 6” ASTM C 140 C 005 145.00
Compressive Strength of CHB 8” ASTM C 140 C 006 175.00
AASHTO T
Compressive Strength of Paving Blocks C 007 135.00
32/ASTM C 67
Compressive Strength of Cores ASTM C 42 C 008 335.00
Flexural Strength of Beam ASTM C 78 C 009 195.00
Compressive Strength of Cement Mortar ASTM C 109 C 010 135.00
STEEL TESTING
STANDARD TEST UNIT
TYPE OF TEST
DESIGNATION CODE PRICE
ASTM A
Tension Test of RSB (8mm – 20mm) ST 001 130.00
615/PNS 49
ASTM A
Tension Test of RSB (25mm – 32mm) ST 002 150.00
615/PNS 49
ASTM A
Tension Test of RSB (36mm) ST 003 175.00
615/PNS 50
ASTM A
Deformation of RSB ST 004 65.00
615/PNS 49
ASTM A
Cold Bend Test ST 005 130.00
615/PNS 49
Complete Physical/Mechanical Test of RSB (8mm ASTM A
ST 006 265.00
– 20mm) 615/PNS 49
Complete Physical/Mechanical Test of RSB ASTM A
ST 007 295.00
(25mm – 32mm) 615/PNS 49
Complete Physical/Mechanical Test of RSB ASTM A
ST 008 315.00
(36mm) 615/PNS 50
ASTM A
Tension Test of Plain Round Bar (8mm – 16mm) ST 009 200.00
370/ASTM E 8
ASTM A
Tension Test of Plain Round Bar (17mm – 25mm) ST 010 250.00
370/ASTM E 8
ASTM A
Tension Test of Plain Round Bar (26m – 32mm) ST 011 315.00
370/ASTM E 8
Preparation: Cutting ASTM A
ST 015 70.00
370/ASTM E 8
SOIL AND SOIL AGGREGATES
STANDARD TEST UNIT
TYPE OF TEST
DESIGNATION CODE PRICE
Particle Size Analysis/Grading ASTM D 42 S 001 240.00
Atterberg Limits (LL/PL) ASTM D 4318 S 002 285.00
Laboratory Compaction (Standard) ASTM D 698 S 003 685.00
Laboratory Compaction (Modified) ASTM D 1557 S 004 770.00
California Bearing Ratio (CBR) ASTM D 1883 S 005 1,395.00
Specific Gravity of Soils ASTM D 854 S 006 240.00
Moisture Content Determination ASTM D 4643 S 007 110.00
Wash Loss (Material passing No. 200 Sieve) S 009 145.00
Field Density Test (FDT using Sand Cone) ASTM D 1556 S 010 455.00
Complete Test of Soil and Soil Aggregates S 011 4,200.00
CONCRETE AGGREGATES (Fine Aggregates)

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 STANDARD TEST UNIT
TYPE OF TEST
DESIGNATION CODE PRICE
Particle Size Analysis/Grading ASTM C 136 FA 001 240.00
Material Finer Than No. 200 Sieve by Washing ASTM C 117 FA 002 200.00
Specific Gravity and % Absorption ASTM C 128 FA 003 240.00
Unit Weight (Loose and Rodded) ASTM C 29 FA 004 180.00
Moisture Content Determination ASTM C 136 FA 005 110.00
Soundness Test ASTM C 88 FA 006 480.00
Organic Impurities ASTM C 40 FA 007 290.00
Sand Equivalent ASTM C 2419 FA 009 600.00
Complete Test of Fine Aggregates FA 010 2,640.00
CONCRETE AGGREGATES (Coarse Aggregates)
STANDARD TEST UNIT
TYPE OF TEST
DESIGNATION CODE PRICE
Particle Size Analysis/Grading ASTM C 136 CA 001 240.00
Material Finer Than No. 200 Sieve by Washing ASTM C 117 CA 002 200.00
Specific Gravity and % Absorption ASTM C 128 CA 003 240.00
Unit Weight (Loose and Rodded) ASTM C 29 CA 004 180.00
Moisture Content Determination ASTM C 136 CA 005 110.00
Soundness Test ASTM C 88 CA 006 480.00
Clay Lumps and Friable Particles ASTM C 142 CA 007 120.00
ASTM C 131/C
Los Angeles Abrasion CA 008 500.00
535
Complete Test of Coarse Aggregates CA 009 2,400.00
BITUMINOUS MATERIALS
TEST UNIT
TYPE OF TEST
CODE PRICE
Penetration B 001 140.00
Ductility B 002 280.00
Softening Point B 003 200.00
Float Test B 004 200.00
Viscosity B 005 200.00
Distillation
a) Emulsified Asphalt B 006 380.00
b) Cut-back-Tar and petroleum products B 007 460.00
Storage Stability B 008 150.00
Specific Gravity B 009 90.00
Loss on Heating B 010 150.00

% Bitumen
a) Solubility in Carbon Disulfide B 011 200.00
b) Solubility in Carbon Tetrachloride B 012 200.00
Spot Test B 013 210.00
Flash and Fire Point B 014 150.00
Cement Mixing B 015 150.00
Sieve Test B 016 150.00
Modified Miscibility B 017 280.00
Water Content B 018 270.00
Stone Coating B 019 90.00
Settlement Test B 020 200.00
Residue of Specified Penetration B 021 280.00
Particle Charger Tester B 022 220.00
BITUMINOUS MIXTURES (Including Rock Asphalt)
Extraction BM 001 270.00
Swell and Stability Characteristics with Laboratory Compacted
BM 002 970.00
Density and Absorption
Density of % Voids of Compacted Mixtures BM 003 140.00
Marshall Stability BM 004 270.00
Field Density BM 005 270.00
MOBILIZATION
Within the Poblacion of Masbate City 500.00
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 Additional 50.00 / km. outside Masbate City from Km. 0 + 000
Within the Island of Ticao 1,000.00
Additional 50.00 / km. from Station Lagundi to Site of Testing
Article VI
PROVIDING THE POLICIES, PROCEDURES AND GUIDELINES GOVERNING AFFILIATIONS
FOR PRACTICUM/ON-THE-JOB TRAINING OF STUDENTS

SECTION 1034. Declaration of Policy - Consistent with the mandates of the Local Government
Code, local government units shall undertake or undergo activities in partnership with the youth and
students for the welfare and interest of the general public; the production and development of human
resources necessary for the best promotion, maintenance and delivery of various services. The City
Government of Masbate shall make available its offices and departments as training ground for
learning by the students of their chosen endeavors.

SECTION 1035. Administrative Clause - The provisions of this ordinance shall be governed by, but
not be limited to the following national laws:
I. (a) Administrative Order No. 26- C series of 1962
(b)Administrative Order No. 13 series of 1986
(c)Administrative Order No. 70- A series of 1989
(d)Administrative Order No. 21- A series of 1993
(e) Administrative Order No. 5- A series of 1996
(f) Local Government Code of 1991 (R.A. 7160)

II. Guidelines on affiliation for Practicum/on-the-job training of Students

(a) The Local Government Unit and the School/College as institution of learning shall enter
into an agreement or contract for the affiliation and 0n-the-job training of the latter’s
students;
(b) The Local Government Unit shall allow students from various schools/colleges to
undergo on the job training in its departments for a specified period as enunciated in the
contracts;
(c) The LGU shall formulate policies, standard, rules and regulations on affiliations and
training of students;
(d) The LGU shall be responsible for the supervision of the affiliation and training activities
and shall plan, implement and evaluate the students undergoing the training programs;
(e) The LGU shall collect the standard rate of fees from the sending school/colleges for the
affiliation and training of the students from various disciplines, to wit:

Science and medical courses - Php 100.00/student/month

Clerical courses -Php 50.00/student/month
Engineering courses -Php 100.00/student/month
Technical/Vocational courses -Php 50.00/student/month
Heavy Equipment operator courses -Php 20.00/student/month

(f) The Local Chief Executive or the City Mayor by authority of this Ordinance shall enter
into contract with the School/Colleges, which is attached and made an integral part
hereof as Annex “A” , which will send students for Practicum/On-the-job training as
requirement of their respective courses. This agreement shall be renewed yearly for the
first two (2) years and every (2) years subsequently thereafter;
(g) The LGU shall not be responsible for any disorder, accident or fault inflicted to the
student during the stint of the training/affiliation period;
(h) All other matters including infractions not mentioned shall be governed by the laws and
rules provided for by the New Civil Code on Obligations and Contracts.

SECTION 1036. Penalty Clause – Violation of any of the provisions of this ordinance or of any rules
and regulations issued thereunto shall be penalized with the rescission and/or cancellation of the
contract with proper notice and observance of the due process.

CHAPTER XV
LABOR AND SOCIAL LEGISLATION

Article I

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 COMPREHENSIVE AND CONTINUING DEVELOPMENT PROGRAM
FOR THE URBAN POOR SECTOR

SECTION 1037. Title – This enactment shall be known as “Sa pagborolig-bolig para sa asenso san
Masbateño Urban Poor 2001.”
SECTION 1038. Scope – This enactment shall apply to all public and private program, projects and
activities designed to address, or bound to adversely affect, directly or indirectly, the right to, or need
for, access to land, employment, housing, livelihood, and basic services of the urban poor of the City
of Masbate as herein determined.
SECTION 1039. Definitions

(a) Urban Poor shall refer to a head of a family who is a Filipino citizen, a resident of the city for at
least three (3) years prior to the availment of the benefits of the Program and unless otherwise
required by the exigencies of his or her profession or occupation, a registered voter of the city as
of the immediately preceding local election whose combined gross family income does not
exceed Fifteen Thousand Pesos per month and who do not own any parcel of land of whatever
classification anywhere in the country;

(b) Head of a family shall refer to a natural person who supports and maintain in his or her
household one or more dependent;

(c) Dependent shall refer to the spouse, legitimate or not, an ancestor, a legitimate or adopted child,
or a relative within the fourth degree of consanguinity or affinity, who is below twenty one (21) years
of age but is not regularly employed or otherwise, permanently incapable of self-support due to age,
illness and/or physical or mental incapacity living with a head of a family and depending upon him or
her for support;

(d.) Family income shall refer to the total regular wage, salary, income, compensation and/or
benefits derived by the head of a family and depending upon his or her support;

(e) Affordable Cost shall refer to the most reasonable price of land and shelter based on the needs
and financial capability of urban poor beneficiaries and appropriate financing scheme;

(f) Blighted Land shall refer to the areas where the structure are dilapidated obsolete and unsanitary
tending to depreciate the value of the land and to prevent normal development and use of the area;

(g) Urban Poor community shall refer to ten (10) or more urban poor heads of families occupying an
area of more than 800 square meters, for residential purposes;

(h) Consultation shall refer to the constitutionally mandated process whereby the public on their or
through people’s organizations is provided an opportunity to be heard and to participate in the
decision-making process on matters involving the protection and promotion of its legitimate collective
interests, which shall include appropriate documentation and feedback mechanism;

(i) Idle Lands refer to non-agricultural lands which are uninhabited by the owner and have not been
developed or devoted for any useful purpose, or appear unutilized or without improvements as
herein defined for a period of three (3) years;

(j) Improvements shall refer to all types of buildings and residential units in actual use, walls, fences
structure or construction of all kinds of a fixed character or which are adhered to the soil but shall not
include trees, plants, and growing fruits and other fixtures that are mere superimposed on the land
and the value of which shall not be less than fifty percent (50%) of the assessed value of the
property;

(k) Joint venture shall refer to the commitment or agreement by two or more persons, natural or
juridical to carry out a specific or single business enterprise for their mutual benefit, for which
purpose they combine their funds, land resources, facilities and services.

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(l) Land Assembly or Consolidation shall refer to the acquisition of lots of varying ownership through
purchase or expropriation for the purpose of planned and rational development and socialized
housing program without individual property boundary restrictions;

(m) Land Banking shall refer to the acquisition of land at values based on existing use in advance of
actual need to promote planned development and socialized housing programs;

(n) Swapping shall refer to the process of land acquisition by exchanging land for another piece of
land of equal value, or based on the agreement of the local government and the private landowner;

(o) One-site Development shall refer to the process of upgrading and rehabilitation of blighted and
slum urban areas with a view of minimizing displacement of dwellers in said areas and with
provisions of basic services;

(p) Professional Squatters shall refer to individuals or groups who occupy lands without the express
consent of the landowner and who have sufficient income for legitimate housing. The term shall also
apply to persons who have previously been awarded home lots or housing units by the government
but who sold leased or transferred the same to settle illegally in the same place or in another urban
area and non-bonafide occupants and intruders of lands reserved for socialized housing. The term
shall not apply to individuals or groups who simply rent land and housing from the professional
squatters or squatting syndicates.

(q) Resettlement areas shall refer to areas identified by the local government unit which shall be
used for the relocation of the urban poor;

(r) Security of Tenure shall refer to the degree of protection afforded to qualified program
beneficiaries against infringement or unjust, unreasonable and arbitrary eviction or disposition by
virtue of the right of ownership, lease agreement, usufruct and other contractual arrangements;

(s) Small Property Owners shall refer to those whose only real property in the city consists of
residential lands not exceeding an aggregate area of eight hundred square meters’

(t) Socialized Housing shall refer to the housing programs and projects covering house and lot or
home lot only undertaken by the government or the private sector for the urban poor which shall
include sites and services development long term financing minimal terms on interest payments and
such other benefits in accordance with the provisions of this Ordinance;

(u) Squatting Syndicate shall refer to groups of persons engaged in the business of squatter housing
for profit or gain;

Declaration or Principles and Policies

SECTION 1040. Real rights, land use and urban development shall at all times serve and yield to
the demands of a healthy environment and a balanced ecology;
By any government action, the ascendancy of the interest of the city in general and the welfare of
the affected community, in particular shall accord due respect and concern for the rights and needs
of individuals;
SECTION 1041. The urban poor sector is an indispensable partner, and principal beneficiary of
urban development;
Where irreconcilable individual or sectoral interests are involved, the city government shall uphold
espouse and advance the welfare of the urban poor and those who are the more under privileged or
disadvantaged by virtue of their social or economic status.
SECTION 1042. Regional and provincial economic development is essential to the equitable and
sustainable growth of the city.
SECTION 1043. It shall be the policy of the city government to undertake in active cooperation or
partnership with concerned government agencies private entities and the urban poor sector, a
comprehensive and continuing urban development program hereinafter referred to as the Program,
which shall:
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 (a) Uplift the social and economic conditions of the urban poor sector;
(b) Provide for the rational use and development of urban land in order to bring about the
following:
(b) 1. Equitable utilization and disposition of residential lands with particular attention to the
needs and requirements of the urban poor sector and not merely on the basis of market
forces;
(b) 2. Optimization of the use and productivity of land and urban resources;
(b) 3. Development of urban areas conducive to commercial and industrial activities, which
can generate more economic opportunities for the people; without the unjust displacement of
occupant urban poor families:
(b) 4. Reduction in urban dysfunction particularly those that adversely affect public health
and safety and the environment; and
(b) 5. Access to land housing, employment and basic services by the urban poor sector;’
(c) Adopt workable policies to regulate and direct urban development growth and expansion
towards & dispersed urban net and a more balanced urban-rural interdependence and a healthy
environment;
(d) Recognize the need to preserve and protect prime agricultural lands and areas suitable for
development into ecology or tree parks; and
(e) Encourage wider and more effective people participation in the urban planning and
development process.

The Urban Development and Housing Board

SECTION 1044. Creation and Composition. There is hereby created an Urban Development and
Housing Board composed of the following members:
From the government sector:
(a) The Chairperson or any member of the Sanggunian Committee on Land Use or Ecology and
Committee on Urban and Development and Shelter;
(b) The Chairperson or any member of the Sannguninan Committee on Laws & Ordinances;
(c) The Chairperson or any member of the Sanggunian Committee on Laws & Ordinances;
(d) The head of Office, Urban Poor Affairs Office or its equivalent;
(e) The Head of Office, City Engineer’s Office;
(f) The Head of Office, City Assessor’s Office;
(g) The Head of Office, City Treasurer’s Office;
(h) The Head of Office, City Social Development Office;
(i) The Head of Office, or his representative, City Planning and Development Office;
(j) The President of the Association of Barangay Councils (ABC) or any of its member duly
designated;

From the private sector:

(1) Five (5) representative of the largest accredited urban poor federation or organization in the city,
duly elected in accordance with their constitutions and/or by-laws;
(2) Five (5) representatives of non-government organizations and people’s organizations engaged in
community organizing and other activities for the development of urban poor communities in
Masbate City;
The members of the Board shall be appointed by the City Mayor for a term of not more than three (3)
years provided that only representatives from the urban poor organizations, non-government
organizations and people’s organizations with no previous conviction or pending cases of crimes
involving moral turpitude and recommend by the City People’s Council may be appointed. The
Board shall choose a chairperson from among themselves and promulgate its own representatives
of the urban poor federation or organizations shall not receive salaries or other forms of
compensation.
The City Mayor shall upon recommendation of the urban poor federation or organization or non-
government organization concerned terminate the appointment of any member on any just valid
cause.
SECTION 1045. Powers and Responsibilities – The Board shall exercise the following powers,
functions and responsibilities:

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(a) To represent the city government and to coordinate with the Housing and Land Use Regulatory
Board and the Housing and Urban Development Coordinator Council in formulating a National Urban
Development Housing Framework, as mandated by R.A. No. 7279;

(b) To undertake a review and rationalization of existing city land use plans, housing programs, and
all other projects and activities of the city government and the private sector which may substantially
affect land use patterns, transportation and public utilities, infrastructure, environment and population
movements;

(c) To recommend to the city government a continuing inventory and identification of lands for
socialized housing and as resettlement areas for the immediate and future needs of the urban poor,
underprivileged and homeless in the urban areas, taking into consideration the degree of availability
of basic services and facilities, these accessibility and proximity to job sites and for economic
opportunities and the actual number of beneficiaries;

(d) To draft, approve and recommend to the City Government the terms, conditions and other
stipulations of contract with landowners, beneficiaries, developers and other parties relative to the
implementation of the Program;

(e) To recommend to the City Government the expropriations of idle lands in urban and urbanizable
areas and the alternative schemes for the disposition of the same and other inventories or identified
lands to beneficiaries;

(f) To design a system for the registration of qualified program beneficiaries;

(g) To design a system that will provide opportunities for adequate consultation with the private
sector involved in socialized housing and other urban development projects as well as for program
beneficiaries to be heard and to participate in the decision-making process over matters involving
the protection and promotion of their legitimate collective interests which shall include appropriate
documentation and feedback mechanisms;

(h) To adopt measures to identify and effectively curtail the nefarious and illegal activities of
professional squatters and squatting syndicates;

(i) To adopt guidelines for the lawful and humane relocation and resettlements of persons living in
danger areas such as Esteros, Airport, Ports, Garbage dumps, river banks, waterways and in other
public places such as sidewalks, roads, parks and playgrounds: Provided, that relocation and
resettlement sites shall be afforded basic services and facilities and access to schools, day care
centers and employment and livelihood opportunities sufficient to meet the basic needs of the
aforecited-families;

(j) To promote the production and use of indigenous alternative and low-cost construction materials
and technologies for socialized housing and to devise a set of mechanism including incentives to the
private sector so that a viable transport system shall evolve and develop in urban areas;

(k) To plan and regulate urban activities for the conservation and protection of vital unique and
sensitive ecosystem, scenic landscape, cultural sites and other similar resources areas;

(l) To immediately develop and implement housing and development programs for all lands and
areas already identified by the city government as suitable for socialized housing;

(m) To act the city’s arm in the implementation and monitoring of all other pertinent provision of R.A.
No. 7279 and this ordinance;

(n) To coordinate and cooperate with any and all national and city government agencies, offices and
bodies in the exercise of all foregoing powers, functions and responsibilities;

The Program
SECTION 1046. On-site Development – When found more practicable and advantageous to the
urban poor beneficiaries, the City Government through the urban Development and Housing Board,
shall give priority to on-site development of existing urban poor communities and areas identified as
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blighted and/or suited for socialized housing, to include such activities as community organizing,
land acquisition and disposition and/or provision for basic infrastructure and services;
SECTION 1047. Site Qualification – The quality for on-site development when not identified as
blighted or suitable for socialized housing, the area;
(a) Must be occupied by ten (10) or more heads of families, regardless of the measurement of the
actual and total area occupied;
(b) Must preferably be a titled property, not subject to ownership dispute and free from liens and
encumbrances;
(c) Must be classified as residential land;
(d) Must preferably have an access to roads; and
(e) Must have an organized community, willing to participate and abide by the terms and conditions
of the Program.
Occupants of the area who are not qualified beneficiaries as herein defined shall and be entitled to
avail of the benefits of the Program.

SECTION 1048. Off-site Development – only when on-site development of an area identified as
blighted and/or suitable for socialized housing or an existing urban poor community is found not
practicable and advantageous to the beneficiaries or when by law eviction of the occupants of said
areas are made imminent, may relocate and resettlement of said occupants be resorted to under the
Program. Off-site Development may likewise be undertaken by way of anticipating the future need
for relocation and resettlement of qualified Program beneficiaries.
In all instance, off-site Development shall include such activities as identification, acquisition and
disposition of new housing sites and home lots, physical development, screening and selection of
qualified beneficiaries and the provision of basic services.

SECTION 1049. Site Qualification – Areas for economic and resettlement shall be:
(a) Accessible and proximate to job sites and other economic activities
(b) Classified as residential lands;
(c) Safe and habitable, and not identified as danger zones or risk prone areas; and
(d) Acceptable to target beneficiaries, residents of adjoining communities and the barangay council.

SECTION 1050. Beneficiary Qualifications – Applicants for home lots in Off-Site Development areas
shall possess all of the following qualifications, to wit:
(a) Must be an urban poor as herein defined;
(b) Must a bonafide member of an accredited urban poor organization;
(c) Must be a registered potential socialized housing beneficiary under applicable laws and
ordinances;
(d) Must have the capacity to pay the amortizations and/or development costs when appropriated;
(e) Must not have previously availed of a housing loan from the Social Security System (SSS) and/or
the Government Service Insurance System (GSIS).

SECTION 1051. Prioritization of Beneficiaries – Applications for home lots in Off-Site Development
areas shall be processed and granted in the following order of priority:
(a) Applicants covered by courts order for eviction and demolition;
(b) Applicants affected by infrastructure projects of the city;
(c) Applicants occupying danger zones or risk prone areas such as esteros, airport, port road,
garbage dumps, river banks, waterways, and other public places such as sidewalks, roads and
parks and playgrounds.
(d) Applicant covered by pending cases for eviction
(e) Applicants with due compromise agreements with landowners;
(f) Applicants who wish to vacate their present places of abode;

Unless otherwise determined by the Urban Development and Housing Board and application fee of
Five Pesos (P5.00) shall be charged to defray the cost of forms, which amount shall accrue to the
Trust Fund for Socialized Housing and Resettlement;
SECTION 1052. Capability Building – The City Government shall encouraged and extend financial
assistance to non-government organizations (NGO’s) to initiate support and participate in capability
building programs for urban poor communities which shall include activities relative to the social
preparation of Program beneficiaries such as but not limited to community organizing, leadership
trainings and values orientation seminars;
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SECTION 1053. Auxiliary Services – The city government shall at all times extend such auxiliary
services as land surveys research and legal assistance, relocation and resettlement expense
assistance and land disputes mediation or conciliation roles.

Models of Lands Acquisition

SECTION 1054. Modes – The modes of acquiring lands for purposes of this ordinance shall include
among others community mortgage, land swapping, land assembly or consolidation, land banking,
donation, joint venture agreement, negotiated purchase and expropriation.
Urban Development and Housing Board shall recommend to the Sangguniang Panlungsod the
appropriate mode of land acquisition and the terms and conditions thereof based on the particular
circumstances of each case upon prior consultation with the potential qualified beneficiaries.
SECTION 1055. Expropriation – All idle or abandoned lands shall be expropriated and shall be
disposed of or utilized by the city government for such purposes that conform with its land use plans.
Expropriation of residential lands occupied by urban poor communities may also be undertaken for
purposes of subdividing and reselling the same at cost to the occupants and other qualified
beneficiaries on the following conditions:
(a) That the area is occupied by at least ten (10) heads of families who are qualified and registered
beneficiaries;
(b) That the property is more than Eight hundred (800) square meters in areas; and
(c) That the occupants form themselves into a urban poor organization and are able to raise the
amount equivalent to Fifteen (15) percent of the assessd value of the property for purposes of
taxation and deposit with the city government equity in the acquisition of the property; Provided, that
whenever appropriate and necessary the Trust Fund for Socialized Housing may be tapped for their
purpose.

SECTION 1056. Exemption – Properties of small property owners shall be exempt from
expropriation unless the same or portions thereof are necessary for the infrastructure projects of the
city government.
SECTION 1057. Disposition of Lands – The city government, upon recommendation of the Urban
Development Housing Board shall formulate and make available alternative schemes for the
disposition of lands to the beneficiaries of the Program, which shall not be limited to those involving
the transfer of ownership in fee simple lease with option ro purchase, usufruct and such other
variations as may be deemed just and expedient in carrying out the principles and policies
enunciated in this ordinance.
The largest urban poor federation or organizations and non-government organizations and people’s
organization represented in the Urban Development and Housing Board shall have the sole
collective authority and responsibility of determining the beneficiaries of the Program.
Consistent with this provision, a scheme for public rental housing may be adopted and implemented.
Prohibitions
SECTION 1058. Conveyance and Encumbrances – No home lot acquired through On-site or Off-site
Development projects or expropriation proceedings, including the rights thereto or the improvements
thereon, shall be sold donated assigned, conveyed, leased, encumbered or mortgaged by the
beneficiary within a period of Ten (10) year from full payment thereof, except to the city government
or to other qualified beneficiaries as approved by the City Government through the Urban
Development and Housing Board and under such terms and conditions as the latter may determine
in accordance with the guidelines and policies set for the purpose.
Any such sale, donation, transfer, conveyance, assignment, lease, mortgage or encumbrances in
violation of this provision shall be null and void. The beneficiary shall ipso facto lose his or her right
to the land, forfeit in favor of the city government these amortizations paid thereon, and he or she
and the buyer or transferee of the property or any right thereto shall forever be barred from availing
any and all benefits under this ordinance or the amendments thereto. The buyer or transferee of the
land or any right thereto shall suffer the penalties of imprisonment of not less than six (6) months but
not more than one (1) year or a fine of not less than P3,000.00 but not more than P5,000.00 or both
such imprisonment and fine at the discretion of court.
The City Government or the urban poor organization concerned may initiate any investigation and/or
action on the unlawful; or unauthorized transfer or encumbrance of land acquired through the
Program.

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In the event that the property is surrendered or the beneficiary dies before full ownership of the land
is vested in him or his or her nearest of kin who is qualified beneficiary shall be subrogated to his or
her rights upon assumption of the outstanding obligations. In case of failure of said nearest of kin to
assume such obligations, ownership over the land shall revert to the city government for disposition
in favor of any qualified beneficiary who shall reimburse the surrenderee or his or her kin the paid
amortization and assume the outstanding obligations.
The acquisition of land under the Program may at the option of the beneficiaries, be acquired or be
covered by adequate mortgage redemption insurance to protect the heirs of the beneficiaries in case
of death before full payment of the land is made.
SECTION 1059. Annotation of Prohibition - All deeds of sale or conveyance of lands acquired by
the beneficiaries under this ordinance shall contain the prohibition of the immediately preceding
provision which prohibition shall likewise be annotated in the title to the property upon due issuance
thereof to the beneficiaries.
SECTION 1060. New Illegal Structure – It shall be unlawful for any person to construct any structure
on ports, Airport, tracks, garbage dumps, riverbanks, waterway and in other public place such as
sidewalks, roads, parks and playgrounds.’
After the effectivity of this ordinance all barangays shall prevent the construction of any kind of illegal
dwelling units or structure within their respective territorial jurisdictions. The Punong Barangay
concerned who allows, abets or otherwise tolerates the construction of such structures shall be
prosecuted under the provisions of R.A. 7279.
The existence of said illegal structure shall be prime facie evidence that the Punong Barangay
concerned has abated allowed and/or tolerated their construction.
SECTION 1061. Professional Squatters. The Urban Development and Housing Board and the Urban
Poor Affairs Office shall recommend and the Sangguniang Panlungsod shall adopt measures to
identify and effectively curtail the nefarious and illegal activities of professional squatters and
squatting syndicates as herein defined.
Any person or group identified as such shall be evicted and their dwellings structures demolished in
accordance with existing laws, and shall be forever disqualified to avail of the benefits under the
ordinance. Such person or group and any public official who tolerates or abate their illegal acts,
shall be prosecuted under the provisions of R.A. 7279.

SECTION 1062. Basic Services – Socialized housing or resettlement areas shall be provided by the
city government or the National Housing Authority in cooperation with the private developers and
concerned agencies with the following basic services and facilities:
(a) Accessible and adequate potable water;
(b) Power and electricity and an efficient power distribution system;
(c) Schools, sewerage facilities and an efficient and adequate solid waste disposed system; and
(d) Access to primary roads and transportation facilities.

The provision of other basic services and facilities such as health, education, communication,
security, recreation, relief and welfare shall be planned and shall be given priority for implementation
by the city government and concerned agencies in cooperation with the private sector and the
beneficiaries themselves.
The city government in coordination with the concerned national agencies shall ensure that these
basic services are provided at the most cost-efficient rates and shall set a mechanism to coordinate
operationally the thrusts, objectives and activities of other government agencies concerned with
providing basic services to housing projects.
SECTION 1063. Livelihood Component – To the extend feasible, socialized housing and
resettlement projects shall be located near areas where employment opportunities are accessible.
The City Government in dealing with the development of livelihood programs and grant of livelihood
loans shall give priority to the beneficiaries of the Program.
Twenty (20) percent of the annual budget for the implementation of the Programs provided in
Section 37 hereof shall be reserved and devoted to the livelihood component thereof.
SECTION 1064. Participation of Beneficiaries – The city government, in cooperation with concerned
government agencies, shall afford the Program beneficiaries or their duly designated representative
an opportunity to be heard and to participate in the decision-making process over matters involving
the protection and promotion of their legitimate collective interests which shall include appropriate
documentation and feedback mechanism. They shall also be encouraged to organize themselves

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and undertake self-help cooperative housing and other livelihood activities. They shall assist the
City in preventing incursion of professional squatters and members of squatting syndicate into their
communities.
In the instance when the affected beneficiaries have failed organize themselves or form an alliance
within a reasonable period prior to the implementation of the program or [projects affecting them,
consultations between the implementing agency and the affected beneficiaries shall be conducted
with the assistance of Presidential Commission on Urban Poor and concerned non-government
organizations.
SECTION 1065. Consultation with Private Sector – Opportunities for adequate consultation shall be
accorded to the private sector involved in socialized housing pursuant to this ordinance.

Related Strategies

SECTION 1066. Promotion of Indigenous Housing Materials and Technologies. The city
government in cooperation with the National Housing Authority, Technology and Livelihood
Resources Center and other concerned agencies, shall promote the production and use of
indigenous, alternative and low-cost construction materials and technologies for socialized housing.
SECTION 1067. Transport System – The city government in coordination with the Department of
Transportation and Communications, Department of Budget and Management, Department of Trade
and Industry, Department of Finance, Department of Public Works and Highways, Home Insurance
and Guaranty Corporation and other concerned government agencies, shall device a set of
mechanism including incentives to the private sector so that a viable transport, system shall evolve
and develop in the urban areas. It shall also formulate standards designed to attain these
objectives, to wit:
(a) smooth flow of traffic;
(b) safety and convenience of travel;
(c) minimum use of land space;
(d) minimum damage to the physical environment; and
(e) adequate and efficient transport service to the people and goods at the minimum cost.

SECTION 1068. Ecological Balance – The city government shall coordinate with the DENR in taking
measures that will plan and regulate urban activities for the conservation and protection of vital
unique and sensitive ecosystems scenic landscape, cultural sites and other similar resources areas.
To make the implementation of this function more effective the active participation of the citizenry in
environmental rehabilitation and in decision-making process shall be promoted and encourage. The
city government shall recommend to the DENR the immediate closure of factories , mines, transport
companies which are found to be causing massive pollution.
SECTION 1069. Urban-Rural Interdependence – To minimize rural to urban migration and pursue
urban decentralization, the city government shall coordinate with the Masbate City Development
Council, NEDA and other government agencies in the formulation of development programs that will
stimulate economic growth and promote socio-economic development in its adjoining municipalities.
Socialized Housing
SECTION 1070. Socialized Housing Projects – Subject availability of funds and financial partner
from the private sector, the city government shall endeavor implement socialized housing projects
and/or housing assistance programs to qualified beneficiaries in addition to land acquisition and
distribution.
Subdivision projects required to develop an area for socialized housing equivalent to at least twenty
(20) percent of the total subdivision area or total subdivision cost under R.A. 7279 shall establish
such socialized housing project within the city.
SECTION 1071. Incentive for Private Participation – Property owners who voluntarily provide free
resettlement sites to illegal occupants of their lands shall be entitled to a real property tax credit
equivalent to the assessed value of the resettlement site for purposes of taxation.
Property owners who voluntarily sell their lands to the city government or the urban poor
communities of such lands under the Program shall be entitled to:
(a) a five (5) percent reduction in the real property tax due on their commercial lands for a period of
ten (10) years;

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(b) a ten (10) percent reduction in the real property tax due on their residential lands for a period of
ten (10) years. and
(c) A twenty (20) percent reduction in the real property tax due on their agricultural lands for a period
of ten years.

Provided, that all subsequent voluntary sales by the same landowners under this provision shall
entitle him or her only to an additional reduction in real property taxes due equivalent to fifty (50)
percent of the rates provided herein.
Appropriation and Funding
SECTION 1072. There is hereby appropriated for the implementation of this ordinance the amount
equivalent to ten (10) percent of the 20% annual development fund from the IRA of the city
government.
This appropriation shall be from year to year without need of further express legislation unless and
until expressly discontinued by ordinance.
The Sangguniang Panlungsod may however further appropriate and the City Mayor may likewise
further use his or her economic Development Fund for additional funds necessary for the
implementation of this ordinance.
Any unexpended portion of the annual appropriation shall accrue to the Trust Fund for Social
Housing and Resettlement.
SECTION 1073. Other Sources of Funds – Funds for the Program and the implementation of this
ordinance shall likewise come from the following sources.
(a) The existing Trust Fund for Socialized Housing and Resettlement:
(b) Proceeds of sale of city owned properties acquired for On-site and Off-site Development;
(c) Loans, grants, bequests and donations, whether local or foreign;
(d) Flotation of bonds, subject to guidelines to be set by the Monetary Board;
(e) Proceeds from the social housing tax and idle land tax; and
(f) Twenty percent of the proceeds of sale of city government properties.

Article II
MANDATING ALL BUSINESS PERMIT APPLICANTS FOR TRADE AREAS SUCH AS
DRESSMAKING, TAILORING, COSMETOLOGY, HOTEL AND RESTAURANT SERVICING,
COMPUTER SERVICE AND REPAIR SHOPS, MOTORCYCLE REPAIR SHOPS, AUTOMOTIVE
SHOP, WELDING AND FABRICATION, MACHINE SHOPS, ELECTRONIC REPAIR SHOP,
REFRIGERATION AND AIR CONDITIONING SHOP AND BAKE SHOP TO HAVE AT LEAST ONE
TESDA CERTIFIED WORKER AS ONE OF THE REQUIREMENTS IN THE GRANTING OF
PERMIT TO OPERATE A BUSINESS

SECTION 1074. Authority and Purpose. This ordinance is in accordance with the presidential decree
accrediting and regulating the covered business trade in support of the BMBE law (R.A. 9178) for
the establishment and operation of Barangay Micro Business Enterprises and the promotion and
recognition of the value of assessment and certification for technical vocational and educational
training.

To assure the constituents and customers alike that the operation of these covered business trades
in the City is carried on with competence, quality service and quality products.

To install into the minds and hearts of the operators of service and repair shops that improving the
standard of their trades will accordingly improve their business income, consequently give additional
revenues to the city government, all for the development and progress of the city.

SECTION 1075. Coverage. This ordinance shall cover all business shops and trade areas such as
dressmaking, tailoring, cosmetology, hotel and restaurant servicing, computer service and repair
shops, motorcycle repair shops, automotive shop, welding and fabrication, machine shop, electronic
repair shop, refrigeration and air conditioning shop and bake shop.

SECTION 1076. Definition of Terms:

1) TESDA - Technical Education and Skills Development Authority

2) TVET - Technical Vocational Education and Training
3) LGU - Local Government Unit
4) Workforce - The workers/ helpers assisting the business operations in service and repair shops

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 5) P.D. 1202 - The law regulating and accrediting of Business Trade in the industry of
service and repair shops such as computer service and repair shops, motorcycle repair shops,
automotive shop, welding and fabrication, machine shop, electronic repair shop, refrigeration
and air conditioning shop and bake shop.
6) BMBE Law - Republic Act 9178, regulating the establishment of Barangay Micro Business
Enterprises in support of government livelihood program for every local government unit.
7) Certified TESDA Worker – a person who graduated/finished the skills training and education
given by TESDA and TVET.
8) Having TESDA Accredited Worker – the hiring or sending somebody from the business trade to
attend a training and education given by TESDA or contracting the services of TESDA
graduate who finished the training and education from dressmaking, tailoring, cosmetology,
hotel and restaurant servicing, computer service and repair shops, motorcycle repair shops,
automotive shop, welding and fabrication, machine shop, electronic repair, refrigeration and air
conditioning shop and bake shop.

SECTION 1077. Violation and Penalty

1. No permit shall be issued to business trade applicant without first complying with the
mandatory requirement of the ordinance.

2. Any covered business trade with a permit issued by the city government but was found,
during operation and inspection, to have a worker not accredited by TESDA shall be
punished accordingly, as follows:

1st offense - Penalty of One Thousand Five Hundred Pesos

2nd offense - Penalty of Two Thousand Five Hundred Pesos
3rd offense - Cancellation of permit and imprisonment of One month or a fine of Five
Thousand Pesos or both, at discretion of the Court.

CHAPTER XVI
AMUSEMENT

Article I
THE ESTABLISHMENT, OPERATION AND MAINTENANCE AND ENTERTAINMENT
FACILITIES.

SECTION 1078. The establishment, operation and maintenance of entertainment or amusement

facilities, including theatrical performances, circuses, billiards pools, public dancing schools,
public dance halls, sauna baths, massage parlors and other places of entertainment or
amusement shall be authorized in this jurisdiction, subject to the following terms and
conditions, to wit:
(a) Entertainment or amusement facilities shall be established, operated and maintained
only within the two hundred meter radius from public buildings, schools and churches;

(b) Students, either elementary or high school, shall be allowed to play after school hours
and on Saturdays and Sundays;

(c) For purposes of this Ordinance, the City Mayor or his duly
authorized representatives as well as the City Treasurer or his duly authorized
representative, shall from time to time make a periodic inspection on these
establishments to check compliances of laws, rules and regulations

SECTION 1079. Violation of any provisions of this Ordinance shall subject the operator to the
following sanctions:
(a) Revocation of permit.
(b) A fine of Two Thousand Five Hundred Pesos and
(c) Imprisonment of not less than thirty days at the discretion of the court.

ARTICLE II

REGULATING THE OPERATION AND ESTABLISHMENT OF COMPUTER/INTERNET/VIDEO

GAME SHOPS, BILLIARD HALLS, MOVIE HOUSES AND OTHER RECREATIONAL FACILITIES
CATERING TO CHILDREN

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SECTION 1080. Definition of Terms.

a. Holiday - a day appointed by law or custom for the suspension of general business. It shall
include days declared to have no classes.
b. Children – persons under the age of 18 and beyond but are not able to fully take care or protect
themselves from abuse, neglect, cruelty, exploitation or discrimination because of a physical or
mental defect, disability or condition.
c. Pornography – obscene literature, photograph, shows and paintings intended to cause sexual
arousal.
d. Cyber Sex - also referred to as computer sex, internet sex or net sex is a virtual sex encounter in
which two or more persons connected remotely via a computer network send one another
sexually explicit messages evoking a sexual experience.
e. Recreational Facility - an establishment/facility, wherein a specific leisure time or activity
engaged in for the sake of entertainment such as computer/internet/video game shops, billiard
halls, movie houses.
f. Video Games – a computer operated facility on machine where adult or child games, violent or
not are being played at all.
g. Firewall – an integral connection of security measures designated to prevent unauthorized
electronic access to a network computer system. It is also a device or sets of devices configured
to permit, deny, encrypt, decrypt, or proxy all computer traffic between different security domains
based upon a set of rules and other criteria.
h. Urban Core Zone – the commercial and business center of the city with the supportive
residential, commercial, institutional and parks and recreational types of activities. The core
includes the present central business district and its immediately outlying areas characterized by
high intensity and utilization. The district shall have a highly compact yet user-friendly
atmosphere.

SECTION 1081. Enacting Clause. The establishment and operation of recreational facilities within
the territorial jurisdiction of the City of Masbate is subject to the following terms and conditions:
a. Students and out-of-school youths below 18 years old, whether in preschool, elementary,
high school or collegiate levels must follow the preceding days and time of access:
ALLOWED ACCESS NOT ALLOWED ACCESS
Days Time Days Time
Mondays to Fridays 4:00 pm to 6:00 pm Mondays to Fridays 7:00 am to 4:00 pm
Holidays and 9:00 am to 11:00 5:00 pm to 9:00 am
Saturdays am; next day and 11:00
2:00 pm to 5:00 pm am to 2:00 pm
Sundays 9:00 am to 12:00 nn; 6:00 pm up
1:00 pm to 6:00 pm
b. Schools shall install a hotline where computer operators and any private citizen can
immediately report student violators;
c. Computer shop operators are obliged to establish a firewall to prevent easy access on
pornography and cyber sex sites;
d. Operators must ensure that the computer units and web cam facilities are not used for
pornography, prostitution and cyber sex, violent and sadistic websites;
e. They must also maintain a logbook that shall be duly monitored by the City Social Welfare
and Development Office;
f. Establishment must be located within the Urban Core Zone as provided in the Zoning
Ordinance of the City of Masbate;
g. All recreational facilities must conform to the following:
1. Having the necessary electrical and sanitary permits;
2. Having a comfort room for the use of customers;
3. Having the necessary fire extinguishers in case of fire;
4. Having sufficient lighting facilities at night;
5. Cubicles are not allowed;
6. Authorities must be able to see inside of the internet cafes from the street level; and
7. Permit for each unit must be properly secured.

SECTION 1082. Penalty. Violation of any provisions of this Ordinance shall subject the facility
operator, manager and/or owner to the following sanctions:

First Offense - written warning from the City Mayor

Second Offense - fine of Three Thousand Pesos

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Third & Succeeding Offenses – cancellation of business permit or a fine of Five Thousand Pesos
and/or imprisonment of thirty days or both such fine, imprisonment and cancellation of business
permit

Article III
REGULATING THE OPERATION OF PUB HOUSES, DISCO HOUSES, VIDEOKE HOUSES AND
OTHER SIMILAR BUSINESS ESTABLISHMENTS IN THE CITY OF MASBATE AND
PROVIDING PENALTIES FOR VIOLATION
SECTION 1083. Declaration of Policy. It shall be the policy of the Government to require
the operation of all business establishment or undertakings which are subject to the zoning,
safety, health, sanitary and other requirements in order to conform with the existing laws,
rules and regulations of the City Government of Masbate;

SECTION 1084. Relation to Prior Ordinance. The provision of this Ordinance which are
substantially the same with the existing Ordinance treating the same subject matter, shall be
construed as a restatement and not as a new enactment unless otherwise expressly
modified.

SECTION 1085. Definition of Terms. As used in this Ordinance.

1. Disco house- a place of entertainment open at night serving drinks and sometimes food
2. usually having a floor for dancing;
3. Pub house- an establishment licensed for the sale and consumption of alcoholic beverages on
and off the premises, usually more than a bar. Beer is the main drink and food and lodging are
sometimes provided;
4. Videoke bar- a place where one seeks to entertain oneself by viewing or performing a
5. sing-along;
6. Similar establishment- other forms of establishment such as bars, beerhouse, saloon
7. and lounge bar operating at night;
8. Person- means every natural or juridical being susceptible of rights and obligations or of
9. being subject to legal relations.

SECTION 1086. Coverage- This Ordinance shall cover all pub houses, disco houses, videoke bars
and other lines of business establishments operating in the City of Masbate;

SECTION 1087. Administrative Clause.

The following acts shall constitute as violations, to wit:

a) No licensed pub houses, disco houses, videoke bars and other establishment engaged in
similar line of activities shall allow the customers to carry firearms. However, persons duly
authorized to carry firearms, upon presentation of Mission Order or related documents shall be
allowed, provided they shall deposit their firearms;

b) The managers, owners, proprietors of disco houses, pub houses, videoke bars or other similar
establishments shall not allow any person to utilize their premises as a trading or market place
for prohibited drugs or paraphernalia, nor shall it be used for any such related transactions, acts
or activities;

c) No owners, proprietors or managers of any disco houses, pub houses, videoke bars or anyone
engaged in the same line of business shall allow the use of their premises for prostitution or
other illegal activities;

d) No owners, proprietors, managers of disco houses, pub houses, videoke bars or any person
engaged in the same line of business shall maintain locked private cubicles or VIP rooms. It
shall likewise be unlawful to install hidden cameras and other similar devise to avoid intrusion on
the privacy of customers;

e) Persons below eighteen years of age/minors shall not be allowed to work as employees whether
on a part-time or full-time basis or to engage in any activities herein provided;

f) It shall be the duty of the owner, proprietor, manager of the said establishments to install sound
proofing devices in their establishment in order to avoid noise pollution. In its absence, they
shall be allowed to operate only until 10:00 in the evening;

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g) It shall likewise be their duty to hire licensed security guards for the maintenance of peace and
order within the premises of the establishments. Otherwise, they shall be allowed to operate
only until 10:00 in the evening;

h) The owners, proprietors, managers of business establishments shall immediately report to

proper authorities any offense committed in violation of this ordinance. They shall likewise
render immediate assistance to victims and apprehend offenders.

SECTION 1088. Penalty Clause. Persons found violating any provision of this Ordinance shall be
penalized in accordance with the following:
First Offense -A fine of Two Thousand Pesos
Second Offense - A fine of Three Thousand Pesos
Third Offense -A fine of Five Thousand Pesos or an imprisonment of not less than
six months but not more than one year or both at the discretion of the
court and revocation and cancellation of business permit.

Article IV
REQUIRING OPERATORS OF PUBLIC AND COMMERCIAL AMUSEMENT DEVICES,
APPARATUS AND MACHINES FOR AUDIO AND VIDEO ENTERTAINMENT IN THE CITY OF
MASBATE TO SECURE ANNUAL REGISTRATION OF THE UNITS BEFORE OPERATING THE
SAME AND PROVIDING PENALTIES FOR VIOLATION THEREOF

SECTION 1089. Declaration of Policy – It shall be the policy of the City Government of Masbate to
require operators of amusement devices, apparatus and machines for audio and video
entertainment to secure Annual Registration of the said units at the Business Permits and Licensing
Division of the Office of the City Mayor before the same can be operated for public use and
commercial purposes in order to conform with the existing laws, rules and regulations.

SECTION 1090. Definitions of Terms :

1. Operator – owner or manager of amusement devices, apparatus and machines for audio/video
entertainment.
2. Audio/Video Entertainment – refers to visualized, pictured, monitored or on-screened, sound
producing and recording entertainment.
3. Amusement Devices, Apparatus or Machines for Audio/Video Entertainment – include sound
systems, loud speakers, projectors, cable connected television sets, video machines,
videoke/karaoke/kanta singko units, keyboards, components, compact discs, digital and video
cameras, DVD/VCD/VHS/Betamax players, and jukeboxes.

SECTION 1091. Regulatory Acts :

a) No amusement devices, apparatus and machines for audio and video entertainment in this
City shall be used for public and commercial purposes without registering each unit at the
Business Permits and Licensing Division at the Office of the City Mayor.

b) Operators of the said entertainment devices are required to pay corresponding Annual
Registration Fee for every classified unit identifying its brand, serial number, color and other
distinctive markings at the Office of the City Treasurer before the issuance of Registration
Certificate with official plate/sticker at the Business Permits and Licensing Division to wit:

a. Sound System - Php 1,200.00/system

(A sound-producing set with sound boxes or baffles, amplifiers, speaker horns, compact
disc players, equalizers and other accessories that produces 500 watts and above of
sounds and can be utilized in mobile disco, rallies, fiestas and other public gatherings)
b. Musical Band Set - 1,000.00/set
(A set of sound-producing instruments used by a musical band or group of musicians or
performers in entertaining the public such as drum set, keyboard, guitar, violin, trumpet)
c. Projector Set -
1,000.00/set
(A set of devices that produces motion picture in wide screen, usually used in film
showing, concerts, sports meetings and other events).
d. Loud Speakers - 500.00/set
(A set of devices with one or two sound boxes and produces 500 watts or less of sounds
utilized in public dances and assemblies).
e. Video/Karaoke/Kanta Singko - 300.00/unit
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 (An audio-video singing device for entertainment)
f. Video Machine - 300.00/unit
(A playing device for video entertainment but prohibited for gambling purposes)
g. Component/Mini Component - 300.00/unit
(A sound producing device that produces 300 watts or less of sound).
h. Car Stereo - 300.00/unit
(A sound-producing device that produces 50 watts or less of sounds and used in
entertaining passengers in public utility vehicles).
i. Cable-connected Television Set - 100.00/unit
(A television set connected to a cable network)
j. Computer Set - 100.00/unit
(Computer set connected to an internet network)
k. DVD/VCD player - 100.00/unit
(Video-playing device for motion picture)
l. Similar devices - 100.00/unit
(Other audio-video entertainment devices)

c) Operators are required to first secure a Certificate of Registration before operating and renew
the same not later than the 20th day of January of the succeeding year. Failure to register the
devices or renew the same, the units shall be subjected for immediate regulatory custody by
the Office of the City Treasurer and shall be released only after all necessary fees and
charges including penalties had been paid before the said office.

SECTION 1092. Penalty Clause – Persons found violating any provision of this Ordinance shall be
penalized in accordance with the following:

First Offense - A fine of Two Thousand Pesos

Second Offense - A fine of Three Thousand Pesos
Third Offense - A fine of Five Thousand Pesos or an imprisonment of not less
than six months but not more than one year or both at the
discretion of the Court and permanent prohibition from
operating in this City.

CHAPTER XVII
PUBLIC MORALS

Article I

PROHIBITING THE REMOVAL, DEFACEMENT AND OTHER FORMS OF VANDALISM ON ALL

CITY SIGNBOARDS, STREAMERS, TRAFFIC SIGNS, STREET NAMES AND OTHER PUBLIC
OR NATIONAL MARKERS POSTED ON STREETS AND OTHER CITY GOVERNMENT
PROPERTIES WITHIN THE CITY

SECTION 1093. It shall be unlawful for any person to remove, deface, or commit other forms of
vandalism such as writing, carving, drawing, designing, painting any figure or posting of any bill on
any City signboards, streamers, traffic signs, street names and other public or national markers
posted on street and other government properties within the City.

SECTION 1094. Definition of Terms:

a) Defacement – the act involved to disfigure, spoil the appearance of things and properties.
b) Signboard – a board on which is printed an advertisement, directions, name, announcement,
etc.
c) Streamer – a long, narrow piece of fabric attached at one end and put to stream out in the wind on
which is printed greetings, advertisement, announcement with a valid permit for a specified period.
d) Vandalism – destruction of natural or human works of beauty.
e) Removal – the act of removing part of or the entirety of signboards, streamers, traffic signs, street
names and public or national markers

SECTION 1095. Any person found violating the provisions of this ordinance shall be fined Two
Thousand Pesos or an imprisonment of not more than six months or both at the
discretion of the court.

CHAPTER XVIII

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 URBAN PLANNING

Article I
ZONING ORDINANCE

SECTION 1096. Authority. This Ordinance is enacted pursuant to the provisions of the New Local
Government Code, R.A. 7160 Section 458 (2 ix) "authorizing the City through the Sangguniang
Panlungsod to adopt a Zoning Ordinance subject to the provisions of existing laws and in conformity
with Executive Order No. 72.”

SECTION 1097. Purposes. This Ordinance is enacted for the following purposes:

1. Guide, control, and regulate future growth and development of Masbate City in accordance with its
Comprehensive Land Use Plan;
2. Protect the character and stability of residential, commercial, industrial, institutional, agricultural,
open space and other functional areas within the city and promote the orderly and beneficial
development of the same;
3. Promote and protect the health, safety, peace, comfort, convenience and general welfare of the
residents in the city; and
4. Ensure and protect the sustainable growth and development of the city.

SECTION 1098. General Zoning Principles. This Zoning Regulations is based on the approved
Comprehensive Land Use Plan as per Resolution No. 004-02, dated January 09, 2002 for the City of
Masbate.

1. This Ordinance reflects the city’s vision: “By the Year 2010, the people of the City of Masbate will
have a good quality of life through competitive trade and productive agro-industrial economy in
an environmentally-sound community. “
2. The Ordinance encourages the establishment of highly dynamic clusters of self-sustaining areas
through the application of a compatibly mixed land use principle;
3. The subdivision of the city into zones identifies the dominant activity while automatically allowing
for complementary activities;
4. Zone and district regulations are considered as management tools necessary to provide an overall
development guidance system to the city; and
5. The Ordinance encourages the mutual cooperation of the local government and the public and
private sectors towards the sustained development of the city.

SECTION 1099. Definition.

The definition of technical terms used in the Zoning Ordinance shall carry the same meaning
given to them in already approved codes and regulations, such as but not limited to the National
Building Code, Water Code, Philippine Environmental Code and other Implementing Rules and
Regulations, promulgated by the HLURB. The words, terms and phrases enumerated hereunder shall
be understood to have the meaning corresponding indicated as follows:

1. Urban Core Zone (UCZ) - the UCZ is the commercial and business center of the city with
the supportive residential, commercial, institutional, and parks and recreational types of
activities. The Core includes the present central business district (CBD) and its
immediately outlying areas characterized by high intensity land utilization. The district shall
have a highly compact yet user-friendly atmosphere.
2. Urban Expansion Zone (UEZ) – is the place within the city where urbanization could be
promoted and enhanced.
3. Agricultural Development Zone (ADZ) - an area or areas in the city intended primarily for
cultivation/fishing, pastoral activities, integrated farm operations and related processing,
plantation of agricultural crops, goat/cattle raising, etc
4. Ecological Development Zone (EDZ) - an area in the city which are environmentally
sensitive such as the watershed areas, forest, flood-prone areas, mangroves, and water
body easements. These areas are primarily for protection and conservation and other
ecological friendly activities, e.g., eco-tourism.
5. Light Industrial Zone (LIZ) - the zone allotted for light to medium types of industries.
Complementary uses such as workers’ housing and neighborhood commercial activities
are allowed.

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 6. Coastal Development Zone (CDZ) – is the area of development located along the coastal
area of the city.
7. Dominant Use - the principal use classification in mixed-use developments.
8. Impervious Surface - type of man-made surface which does not permit the penetration of
water; the area coverage of which shall be considered as outside the building envelope and
is not included in FAR computations.
9. Land Use Intensity Controls (LUIC) - refers to controls on building bulk or floor area ratio
(FAR) and building height or building height limit (BHL). The LUIC is imposed to control,
among others, traffic generation, requirements on utilities, over-building, over-crowding,
visual access and to attain the desired urban character. The LUIC is applied as follows:
 Maximum Allowable Gross Floor Area in Square Meters = Lot Area x Allowable
FAR.
 In determining the maximum number of floors per building, BHL regulations shall
apply.

For planned unit development schemes, residential subdivisions and the like, the LUIC shall
apply to individual lot parcels. Gross open spaces (defined as common areas, roads, etc.)
shall be governed by the requirements of PD 957, BP 220 and related regulations. For large-
scale projects on single blocks, i.e. those that have no lot subdivisions, the LUIC shall mean to
apply to the gross lot area of the block and the gross floor area of the buildings to be put up
therein.
10. HLURB/BOARD - shall mean the Housing and Land Use Regulatory Board.

11. Bonded warehouse – storage space for insured or bonded products such as shipment cargoes,
custom shipments and the like

12. Buffer Area - these are yards, parks or open spaces intended to separate incompatible
elements or uses to control pollution/nuisance and for identifying and defining development
areas or zones where no permanent structures are allowed.

13. Built-up Area - a contiguous grouping of ten (10) or more structures.

14. Buying station – business ventures primarily engaged in buying agricultural and/or marine
products such as palay, rice, corn, copra, crabs, prawns, shrimps and the likes provided that
the stocks occupy an area not exceeding 60 square meters.

15. Central Business District (CBD) - shall refer to areas designated principally for trade, services
and business purposes

16. Certificate of Non-Conformance - certificate issued to owners of all uses existing prior to the
approval of the Zoning Ordinance which do not conform in a zone as per provision of the said
Ordinance.

17. Compatible Use - uses or land activities capable of existing together harmoniously, e.g.
residential use and parks and playground.

18. Comprehensive Land Use Plan (CLUP) - a document embodying specific proposals for
guiding, regulating growth and/or development of the city.

19. Conflicting Uses - uses or land activities with contrasting characteristics sited adjacent to each
other, e.g., residential units adjacent to industrial plants.

20. Conforming Use - a use which is in accordance with the zone classification as provided for in
the Ordinance.

21. Easement - open space imposed on any land use/activity sited along waterways, road rights-
of-way, cemeteries/memorial parks and utilities.

22. Environmentally Critical Areas - refer to those areas which are environmentally sensitive and
are listed in Proclamation 2146 dated 14 December 1981.

23. Environmentally Critical Projects - refer to those projects which have high potentials for
negative environmental impacts and are listed in Presidential Proclamation 2146 dated 14
December 1981.

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24. Exception - a device which grants a property owner relief from certain provisions of a Zoning
Ordinance where because of the specific use would result in a particular hardship upon the
owner, as distinguished from a mere inconvenience or a desire to make more money.

25. Floor Area Ratio (FAR) - is the ratio between the Gross Floor Area of a building and the area of
the lot on which it stands. Determined by dividing the Gross Floor Area of the building and the
area of the lot. The Gross Floor Area of any building should not exceed the prescribed floor
area ratio (FAR) multiplied by the lot area. The FAR of any zone should be based on its
capacity to support development in terms of the absolute level of density that the transportation
and other utility networks can support.

26. General Zoning Map - a duly authenticated map delineating the different zones in which the
whole city is divided.

27. Gross Floor Area (GFA) - the GFA of a building is the total floor space within the perimeter of
the permanent external building walls, occupied by:

 Office areas;
 Residential areas;
 Corridors;
 Lobbies;
 Mezzanine;
 Vertical penetrations which shall mean stairs, fire escapes, elevator shafts, pipe shafts, vertical
shafts, vertical ducts, and the like and their enclosing walls;
 Machine room and closets;
 Storage rooms and closets;
 Covered balconies and terraces; and
 Interior walls and columns, and other interior features.

Excluding the following:

 Covered areas used for parking and driveways, including vertical penetrations in parking floors
where no residential or office units are present; and
 Uncovered areas for AC cooling towers, overhead water tanks, roof decks, laundry areas and
cages, wading or swimming pools, whirlpool or jacuzzis, gardens, courts or plazas.

28. Innovative Design - introduction and/or application of new/creative designs and techniques
in development projects, e.g., Planned Unit Development (PUD), New Town, Special
Development Area, etc.

29. Industrial warehouse – storage space primarily intended for industrial products such as
cement, steel, paints and the likes.

30. Institutional Uses - general types of establishments that refer to government offices,
schools, colleges, churches, hospital/clinics, academic/research, convention centers.

31. Light Industrial - refers to the industries, which are non-pollutive/non-hazardous and non-
pollutive/hazardous.

32. Locational Clearance - a clearance issued to a project that is allowed under the provisions
of this Zoning Ordinance as well as other standards, rules and regulations on land use.

33. Mitigating Device - a means to grant relief in complying with certain provisions of the
Ordinance.

34. Non-Conforming Use - existing non-conforming uses/establishments in an area allowed to

operate in spite of the non-conformity to the provisions of the Ordinance subject to the
conditions stipulated in this Zoning Ordinance.

35. Parks and Recreation - an area and use designed for diversion/amusements and for the
maintenance of ecological balance of the community.

36. Rezoning - a process of introducing amendments to or a change in the text and maps of
the Zoning Ordinance. It also includes amendments or change in view of reclassifications
under Section 20 of the Local Government Code.

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 37. Rural Area - area outside of designated urban area.
38. Setback - the open space left between the building and lot lines.
39. Socialized Housing Zone (SHZ) - shall be used principally for socialized housing/dwelling
purposes for the underprivileged and homeless as defined in Republic Act 7279 (Urban
Development and Housing Act).
40. Urban Area - includes all barangays or portions of which comprise the Poblacion or city
core, central business district, and other built-up areas including the urbanizable and
adjacent areas and where at least fifty (50%) of the population are engaged in non-
agricultural activities.
41. Urban Zoning Map - a duly authenticated map delineating the different zones into which the
urban area and its expansion area are divided.

42. Urbanizable Land - area designated as suitable for urban expansion by virtue of land use
studies conducted.

43. Variance - a Special Locational Clearance which grants a property owner relief from certain
provisions of Zoning Ordinance where, because of the particular physical surrounding,
shape or topographical conditions of the property, compliance on height, area, setback,
bulk and/or density would result in a particular hardship upon the owner, as distinguished
from a mere inconvenience or a desire to make more money.

44. Warehouse – storage space for agricultural and industrial products with a floor area
exceeding 60 square meters. Its activities include receiving, storage, and distribution of
goods in bulk. Receiving is the acceptance of goods with accountability therefore.
Storage is the safekeeping of goods in a warehouse. Distribution includes the
preparation and delivery of goods according to plan or special order. A store or business
office may have a storage area and still not be considered as a warehouse provided that
the stocks occupy a space not exceeding 60 square meters.

45. Water Zone (WZ) - are bodies of water within the city which include rivers, streams, lakes
and seas.

46. Zone/District - an area within the city intended for specific land use as defined by manmade
or natural boundaries.

47. Zoning Officer - a city government employee responsible for the

implementation/enforcement of its Zoning Ordinance.

48. Zoning Ordinance - a local legal measure which embodies regulations affecting land use.

49. Building Height Limit (BHL) - the maximum height allowed for structures or buildings as
specified in the conditions of this Ordinance.

SECTION 1100. Division into Zones or Districts. To effectively carry out the provisions of this
Ordinance, the City is hereby divided into the following zones and further into districts as shown in the
Official Zoning Maps.

1. Urban Core Zone (UCZ)

2. Urban Expansion Zone (UEZ)
3. Agricultural Development Zone (ADZ)
4. Coastal Development Zone (CDZ)
5. Ecological Development Zone (EDZ)
6. Light Industrial Zone (LIZ)

SECTION 1101. Zoning Maps. It is hereby adopted as an integral part of this Ordinance, the Official
Zoning Maps for urban areas and for the whole city (general), wherein the designation, location and
boundaries of the districts/zones herein established are shown and indicated. Such Official Zoning
Maps shall be signed by the local chief executive and duly authenticated by the Sangguniang
Panlalawigan.

SECTION 1102. Barangays Covered by Zones. The barangays covered by the above mentioned
various zones into which the city has been divided are hereby identified hereunder:

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   Barangay Land Management Zone
    UCZ UEZ ADZ LIZ EDZ CDZ
1 Bagumbayan         
2 Bapor          
3 Centro           
4 Espinosa         
5 F. Magallanes          
6 Ibingay        
JT Fernandez
7 (Kalipay)           
8 Nursery        
9 Pating          
10 Anas         

11 Asid          
12 B. Titong          
13 Bantigue          

14 Batuhan  
       
     
15 Bayombon  
 
16 Biyong          
17 Bolo         
18 Cagay        
Cawayan
19 Exterior           
Cawayan
20 Interior        
21 Igang          
22 Kinamaligan       
23 Malinta          
24 Mapina         
25 Maingaran         
26 Pawa          
27 Sinalongan          
28 Tugbo       
29 Ubongan Dacu          
30 Usab         

SECTION 1103. Interpretation of the Zone Boundary. In the interpretation of the boundaries for any
of the zones indicated on the Zoning Map, the following rules shall apply:
1. Where zone boundaries are so indicated that they approximately follow the center of streets or
highway, the street or highway right-of-way lines, these shall be construed to be the
boundaries.
2. Where zone boundaries are so indicated that they approximately follow the lot lines, such lot
lines shall be construed to be the boundaries.
3. Where zone boundaries are so indicated that they are approximately parallel to the center lines
or right-of-way lines of streets and highways, such zone boundaries shall be construed as
being parallel thereto and at such distance there from as indicated in the zoning map. If no
distance is given, such dimension shall be determined by the use of the scale shown in said
zoning map.

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4. Where the boundary of a zone follows approximately a railroad line, such boundary shall be
deemed to be the railroad right-of-way.

5. Where the boundary of a zone follows a stream, lake or other bodies of water, said boundary
line shall be deemed to be at the limit of the political jurisdiction of the community unless
otherwise indicated. Boundaries indicated as following shorelines shall be construed to follow
such shorelines and in the event of change in the shorelines, shall be construed as moving with
the actual shorelines.

6. Where a lot of one ownership, as of record at the effective date of this Ordinance, is divided
by a zone boundary line, the lot shall be construed to be within the zone where the major
portion of the lot is located. In case the lot is bisected by the boundary line, it shall fall in the
zone where the principal structure falls.
7. Where zone boundary is indicated as one-lot-deep, said depth shall be construed to be the
average lot depth of the lots involved within each particular city block. Where, however, any
lot has a depth greater than said average, the remaining portion of said lot shall be construed
as covered by the one-lot-deep zoning district provided the remaining portion has an area
less than fifty percent (50%) of the total area of the entire lot. If the remaining portion has an
area equivalent to fifty percent (50%) or more of the total area of the lot then the average lot
depth shall apply to the lot which shall become a lot divided and covered by two or more
different zoning districts, as the case may be. In case of any remaining doubt as to the
location of any property along zone boundary lines, such property shall be considered as
falling within the less restrictive zone.
8. The textual description of the zone boundaries shall prevail over that of the Official Zoning
Maps.
SECTION 1104. General Provision. The uses enumerated in the succeeding sections are not
exhaustive nor all-inclusive. The Local Zoning Board of Adjustment and Appeals (LZBAA) shall,
subject to the requirements of this Article, allow other uses not enumerated hereunder provided that
they are compatible with the uses expressly allowed. Those uses identified under Non-Allowable
(Non-Conforming) Uses are automatically deemed as non-compatible with the allowed uses
enumerated herein.

Allowance of further uses shall be based on the intrinsic qualities of the land and the socio-economic
potential of the locality with due regard to the maintenance of the essential qualities of the zone.

SECTION 1105. Use Regulations in the Urban Core Zone (UCZ):

A. Allowed Uses:

A.1 Dominant Use: Commercial

1. Offices like office buildings or condominium

2. Commercial condominium (with residential units in upper floors)

1. Embassy/consulate
2. Banks and other financial institutions
3. General retail stores and shops like:
a. sari-sari stores
b. department store
c. bookstore and office supply shop
d. home appliance store
e. car shop
f. photo shop
g. flower shop
4. Food markets and shops like:
a. bakery and bake shop
b. wine store
c. grocery
d. supermarket
5. Personal service shops like:
a. beauty parlor
b. barber shop
c. sauna bath and massage clinic

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 d. dressmaking and tailoring shops

6, Recreational center/establishments like:

a. movie house/theater
b. play court e.g. tennis court, bowling lane, billiard hall
c. swimming pool
d. day and night club
e. stadium, coliseum, gymnasium
f. other sports and recreational establishment
g. Restaurants and other eateries
h. Bakery and baking of bread, cake, pastries, pies and other similar perishable products
i. Custom dressmaking shop
j. Custom tailoring shop
k. Commercial and job printing
l. Typing and photo engraving services
m. Repair of optical instruments and equipment and cameras
n. Repair of clocks and watches
o. Manufacture of insignia, badges and similar emblems except metal
p. Storerooms but only as may be necessary for the efficient conduct of the business
q. Clinic
r. Vocational/technical school
s. Short term special education like:
a. dancing schools
b. school for self defense
c. driving schools
d. speech clinics
t. Messengerial service
u. Security agency
v. Janitorial service
w. Bank and other financial institutions
x. Radio and television station
y. Convention center and related facilities
z. Library/museum
aa. Building garage, parking lot
bb. Stores for construction materials such as cement, paint, varnish, lacquer, lumber, and steel
provided the storage space for the stocks occupy a space not exceeding 60 square meters.

A.2 Complementary Uses: Residential, Institutional, and Recreational

1. Detached family dwelling;

2. Multi-family dwelling, e.g., row-houses, apartments;
3. Residential condominium
4. Apartment
5. Hometel
1. Pension house
2. Hotel apartment or apartel
3. Dormitory
4. Boarding house
5. Student housing, e.g., dormitories, boarding house
6. Customary accessory uses like:
a. Servants quarter
b. Private garage
c. Guard house
12. Home occupation for the practice of one's profession or for engaging home business such
as dressmaking, tailoring, baking, running a sari-sari store and the like provided that:
a. The number of persons engaged in such business/industry shall not exceed five (5),
inclusive of the owner;
b. There shall be no change in the outside appearance of the building premises;
c. No home occupation shall be conducted in any customary accessory uses cited above;
d. No traffic shall be generated by such home occupation in greater volume than would
normally be expected in a residential neighborhood and any need for parking generated
by the conduct of such home occupation shall be met off the street and in a place other
than the required front yard; and

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 e. No equipment or process shall be used in such home occupation which creates noise,
vibration, glare, fumes, odors and electrical interference detectable to the normal
senses and visual or audible interference in any radio or television receiver or causes
fluctuations in line voltage off the premises.
13. Home industry classified as Cottage Industry provided that:
a. Such home industry shall not occupy more than thirty percent (30%) of the floor area of
the dwelling unit. There shall be no change or alteration in the outside appearance of
the dwelling unit and shall not be a hazard or nuisance;
b. Allotted capitalization shall not exceed the capitalization as set by the Department of
Trade and Industry (DTI); and
c. Such shall consider same provisions as enumerated in as enumerated in letters
(d) and (e) number 12, home occupation, this section.
1. Multi-purpose hall/barangay hall
2. Parking structures and facilities
3. Convention centers and related facilities
4. Museums
5. Memorials/shrines/monuments, kiosks and other park structures
6. Branch libraries and museums
7. Nursery/elementary school
8. High school
9. Vocational school
10. Government center to house national, regional or local offices in the area
11. Colleges, universities, professional business schools, vocational and trade schools,
technical schools and other institutions of higher learning
12. General hospitals, medical centers, multipurpose clinics
13. Clinic, nursing and convalescing home, health center
14. Scientific, cultural and academic centers and research facilities except nuclear, radioactive,
chemical and biological warfare facilities
15. Religious use
16. Religious structures, e.g., church, seminary, convents
17. Parks/gardens
18. Resort areas e.g. beaches, including accessory uses
19. Recreational facilities for the exclusive use of the members of the family residing within the
premises, such as:
a. Swimming pool
b. Pelota court
c. Others
20. Sports club
21. Open air or outdoor sports activities and support facilities, including low rise stadia, gyms,
amphitheaters and swimming pools
22. Golf courses, ball courts, race tracts and similar uses
23. Plant nurseries
24. House appliances repair shops
25. Stores for agricultural products such as palay, rice, corn, and copra, provided the storage
space for the stocks occupy a space not exceeding 60 square meters

B. Non-Allowable (Non-Conforming) Uses in UCZ:

1. Warehouses for construction materials such as cement, paint, varnish,

lacquer, lumber and steel
2. Warehouses and milling stations for agricultural products such as palay,
rice, corn, oil and copra
3. Machine shops
4. Welding shops
5. Vulcanizing shops
6. Junk shops
7. Gasoline depot
8. LPG storage/warehouse
9. Transportation terminals/garage with and without repair
10. Gravel and sand stockpiling and quarrying
11. Repair shops like:
a. motor vehicles and accessory repair shops
b. home furnishing shops
12. Telecommunications tower
13.Marine products buying stations except in Diversion Road and Fishport
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 14. Lechonan or whole pig roasting
15. Livestock production including hogs, poultry and goat

C. Residential Subdivisions:

C.1 Allowable Uses in Residential Subdivisions

1. )Detached family dwelling

2.)Multi-family dwelling, e.g., row-houses, apartments
3.)Residential condominium
4. )Apartment
5.)Hometel
6.)Pension house
7.)Hotel apartment or apartel
8.) Dormitory
9.)Boarding house
10.)Student housing, e.g., dormitories, boarding house
11.)Customary accessory uses like:
a. Servants quarter
b. Private garage
c. Guard house
12. Home occupation for the practice of one's profession or for engaging home business
such as dressmaking, tailoring, baking, running a sari-sari store and the like provided that:
a. The number of persons engaged in such business/industry shall not exceed five (5), inclusive
of the owner;
1. There shall be no change in the outside appearance of the building premises;
2. No home occupation shall be conducted in any customary accessory uses cited above;
3. No traffic shall be generated by such home occupation in greater volume than would
normally be expected in a residential neighborhood and any need for parking generated
by the conduct of such home occupation shall be met off the street and in a place other
than the required front yard; and
4. No equipment or process shall be used in such home occupation which creates noise,
vibration, glare, fumes, odors and electrical interference detectable to the normal
senses and visual or audible interference in any radio or television receiver or causes
fluctuations in line voltage off the premises.

13. Home industry classified as Cottage Industry provided that:

a. Such home industry shall not occupy more than thirty percent (30%) of the floor area of
the dwelling unit. There shall be no change or alteration in the outside appearance of
the dwelling unit and shall not be a hazard or nuisance;
b. Allotted capitalization shall not exceed the capitalization as set by the Department of
Trade and Industry (DTI); and
c. Such shall consider same provisions as enumerated in as enumerated in letters (c), (d)
and (e) number 12, home occupation, this section.
C.2 Non-Allowable (Non-Conforming) Uses in Residential Subdivisions:
1. ) Music bar, discotheques, and beer houses
2.) Casino and gambling joints
3.) Sauna baths/massage clinics
4.) Welding shops
5.) Vulcanizing shops
6.) Junk shops
7.) All other non-allowable uses identified in B, this Article (Non-Allowable/Non-Conforming
Uses in UCZ)

D. Land Use Intensity Controls:

D.1 Floor Area Ratio, Building Height Limits, Depth, Setbacks, and Arcade
Land use intensity controls for the UCZ shall be governed by the following maximum
requirements:

Setback Front
Street FAR BHL in M. Setback Arcad

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 (fr. in M. e
Center (fr. Edge of
Line) Road)
1. Quezon St. 4 6 12 2 -
2. Rosero St. 4 6 12 2 -
3. Ibañez St. 4 6 9 1.5 -
4. Danao St. 4 6 9 1.5 -
5. Osmeña St. 4 6 9 1.5 -
6. Ibingay St. 3 5 9 1.5 -
7. Nursery St. 3 5 9 1.5 -
8. Tara St. 3 5 9 1.5 2
9. Domingo St. 3 5 9 1.5 2
10. Zurbito St. 3 5 9 1.5 2
11. Mirasol St. 3 5 9 1.5 -
12. Bagong Sirang St. 3 5 9 1.5 -
13. Diversion Rd. 2 3 15 5 -
14. Magallanes 2 3 6 1 -
15. Briz St. 2 3 6 1 -
16. Corpuz St. 2 3 6 1 -
17. Rosero Stairway 2 3 6 1 -
18. Ibañez Ext. 2 3 6 1 -
19. Danao Ext. 2 3 6 1 -
20. Cortidor St. 2 3 6 1 -
21. Port Rd. 2 3 10 2.5 -
22. Municipal Hall Rd. 1,2 3 5 8 2 -
23. Capitol Rd. A,B,C,D,E,F 3 5 10 2.5 -
24. Hospital Rd. 3 5 10 2.5 -
25. Airport Rd. 0.75 1 10 2.5 -
26. Almero St. 3 5 8 2 -
27. Mabini St. 4 6 8 2 -
28. Medina St. 4 6 8 2 -
29. Cadre Rd. 3 5 8 2 -
30. Oliva St. 3 5 8 2 -
31. Mun. Cemetery Rd. 3 5 8 2 -
32. Market Rd. 1 3 5 10 1.5 -
33. Market Rd. 2 3 5 12 2 -

34. Terminal Exit Rd. 3 5 12 2 -

35. Celestina Rd 1 1. 2 12 2 -
5
36. Celestina Rd 2 1. 2 8 1 -
5
37. Celestina Rd 3 1. 2 6 1 -
5
38. Celestina Rd 4 1. 2 6 1 -
5
39.Capitol 3 5 10 2.5 -
circumferential Rd
40. Nursery Subd. Rds 2 3 5 1.5 -
1,2,3,4

D.2. General Zone Regulations:

1. Parking

a. Parking requirements shall be per minimum standards of the National Building Code
and Batas Pambansa Blg. 344, the Accessibility Law.
b. Parking areas and slots shall be clearly marked in order to provide sufficient guidance
to the users and passers-by alike; signs shall be unobtrusive but shall clearly define
entry and exit points.
c. Parking spaces shall have distinct entry and exit points and shall, to the extent possible,
be buffered from the sidewalk by visual barriers such as planting strips.

290
 d. There shall be a distinct delineation between sidewalks and parking spaces and the
latter shall in no case occupy spaces allotted to the former.
e. Open and unlandscaped parking lots are discouraged. Should open-lot parking be
provided, these shall be so landscaped to have a park-like character.

2. Landscaping

a. All large-scale development proposals shall be accompanied by a landscaping plan for

review and approval of the Zoning Officer.
a. Each development is required to plant at least three (3) trees within their premises.

3. Skywalks

a. The construction of skywalks linking major developments is encouraged. Planning and

design shall, however, put an important consideration on possible view obstructions
which shall be avoided.
4. Arcades
a. These shall provide weather protection, enhanced comfort and greater mobility to
pedestrians. All developments along Tara, Domingo, and Zurbito Streets are required
to provide arcades. No abutting fences shall be allowed in this area and property lines
may be delineated by landscaping techniques.
b. Arcades shall also comply with the provisions of Rule VI Arcades and Sidewalks of the
National Building Code.
5. Abutments
a. No abutments on property lines fronting any street are allowed. Building setbacks shall
be as prescribed by the National Building Code.
1. Waterway
a) A 10-meter wide waterway with 3.00 meter Easement both sides shall be preserved
extending towards the shorelines of Diversion Road to maintain the existing drainage
system of the area.
2. Exemption of Arcade or Covered Walkways from GFA Computation. In zones/lots covered
by a maximum FAR, the GFA of a covered ground level, elevated, or underground walkway
(pedestrian underpass) that should be included in the computation of GFA shall be excluded
from the computation of the maximum allowable GFA of the lot where such walkway is built,
provided that the walkway fulfills all of the following requirements:

a. The walkway links directly and is part of an existing or planned local (city-zone, or
district-wide) pedestrian network.;
b. The walkway is open for the use of the general public;
c. The walkway has a minimum clear width of 3.0 meters if it is elevated or
underground;
d. The walkway is well lighted and secured throughout the period that it is open for
public use; and
e. The walkway is used primarily for non-revenue public pedestrian passage, provided
that commercial advertising signs, business signs, public payphones, newsstands,
and other similar activities that do not significantly disrupt pedestrian flow shall be
allowed.

SECTION 1106. Use Regulations in Urban Expansion Zone (UEZ)

A. Allowed Uses.
A.1 Dominant Use: Residential
1. Detached family dwelling
2. Multi-family dwelling, e.g., row-houses, apartments
3. Residential condominium
4. Apartment
5. Hometel
6. Pension house
7. Hotel apartment or apartel
8. Dormitory
9. Boarding house
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 10. Student housing, e.g., dormitories, boarding house
11. Customary accessory uses like:
a. Servants quarter
b. Private garage
c. Guard house
12. Home occupation for the practice of one's profession or for engaging home business
such as dressmaking, tailoring, baking, running a sari-sari store and the like provided that:
a. The number of persons engaged in such business/industry shall not exceed five (5),
inclusive of the owner;
b. There shall be no change in the outside appearance of the building premises;
c. No home occupation shall be conducted in any customary accessory uses cited above;
d. No traffic shall be generated by such home occupation in greater volume than would
normally be expected in a residential neighborhood and any need for parking generated
by the conduct of such home occupation shall be met off the street and in a place other
than the required front yard; and
c. No equipment or process shall be used in such home occupation which creates noise,
vibration, glare, fumes, odors and electrical interference detectable to the normal senses
and visual or audible interference in any radio or television receiver or causes fluctuations
in line voltage off the premises.
13. Home industry classified as Cottage Industry provided that:
a. Such home industry shall not occupy more than thirty percent (30%) of the floor area of
the dwelling unit. There shall be no change or alteration in the outside appearance of
the dwelling unit and shall not be a hazard or nuisance;
b. Allotted capitalization shall not exceed the capitalization as set by the Department of
Trade and Industry (DTI); and
c. Such shall consider same provisions as enumerated in letters (c), (d) and (e) number
12, home occupation, this section.
14. Multi-purpose hall/barangay hall
15. Parking structures and facilities
16. Convention centers and related facilities
17. Museums
18. Memorials/shrines/monuments, kiosks and other park structures
19. Branch libraries and museums
20. Nursery/elementary school
21. High school
22. Vocational school
23. Government center to house national, regional or local offices in the area
24. Colleges, universities, professional business schools, vocational and trade schools,
technical schools and other institutions of higher learning
25. General hospitals, medical centers, multipurpose clinics
26. Clinic, nursing and convalescing home, health center
27. Scientific, cultural and academic centers and research facilities except nuclear, radioactive,
chemical and biological warfare facilities
28. Religious use
29. Religious structures, e.g., church, seminary, convents
30. Parks/gardens
31. Resort areas e.g. beaches, including accessory uses
32. Recreational facilities for the exclusive use of the members of the family residing within the
premises, such as:

a. Swimming pool
b. Pelota court
c. Others
33. Sports club
34. Open air or outdoor sports activities and support facilities, including low rise stadia, gyms,
amphitheaters and swimming pools
35. Golf courses, ball courts, race tracts and similar uses
36. Plant nurseries

A.2 Complementary Uses: Commercial, Institutional, Light Industrial (Non-Pollutive/Non-

Hazardous), Recreational, and Agricultural

1. Offices like office buildings or condominium

2. Commercial condominium (with residential units in upper floors)
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3. Embassy/consulate
4. Banks and other financial institutions
5. Messengerial service
6. Security agency
7. Janitorial service
8. General retail stores and shops like:
a. sari-sari stores
b. department store
c. bookstore and office supply shop
d. home appliance store
e. car shop
f. photo shop
g. flower shop
9. Food markets and shops like:
a. bakery and bake shop
b. wine store
c. grocery
d. supermarket
10. Personal service shops like:
a. beauty parlor
b. barber shop
c. sauna bath and massage clinic
d. dressmaking and tailoring shops
11. Recreational center/establishments like:
a. theater/theater
b. play court ,e.g., tennis court, bowling lane, billiard hall
c. swimming pool
d. day and night club
e. stadium, coliseum, gymnasium
f. other sports and recreational establishment
12. Restaurants and other eateries
13. Storerooms but only as may be necessary for the efficient conduct of the business
14. Shopping malls
15. Bakery and baking of bread, cake, pastries, pies and other similar perishable products
16. Custom dressmaking shop
17. Custom tailoring shop
18. Commercial and job printing
19. Typing and photo engraving services
20. Repair of optical instruments and equipment and cameras
21. Repair of clocks and watches
22. Machinery display center
23. Lumber/hardware
24. Printing and publishing of books and pamphlets, printing cards and stationary
25. Chicharon factory
26. Lechon or whole pig roasting
27. Biscuit factory - manufacture of biscuits, cookies, crackers and other similar dried bakery
products
28. Doughnut and hopia factory
29. Other bakery products not elsewhere classified (n.e.c.)
30. Repacking of food products, e.g., fruits, vegetables, sugar and other related products
31. Manufacture of macaroni, spaghetti and vermicelli and other noodles
32. Popcorn/rice factory
33. Small-scale manufacture of ice cream
34. Quick freezing and cold packaging for fish and other seafoods
35. Quick freezing and cold packaging for fruits and vegetables
36. Nursery/elementary school
37. High school
38. Vocational/technical school
39. Universities
40. Short term special education like:
a. dancing schools
b. school for self defense
c. driving schools
d. speech clinics
41. Convention center and related facilities
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 42. Building garage, parking lot
43. Library/museum
44. Memorial/shrines monuments, kiosks and other park structures
45. Multi-purpose hall/barangay hall
46. Clinic, nursing and convalescing home, health center
47. Religious use
48. Parks/gardens
49. Resort areas, e.g., beaches, including accessory uses
50. Sports club
51. Open air or outdoor sports activities and support facilities, including low rise stadia, gyms,
amphitheaters and swimming pools
52. Golf courses, ball courts, race tracts and similar uses
53. Cultivation, raising and growing of staple crops such as rice, corn, camote, cassava and the
like
54. Growing of diversified plants and trees, such as fruit and flower bearing trees, coffee,
tobacco, etc.
55. Plant nurseries
56. House appliances repair shops
57. Gravel and sand stock piling and quarrying (except in UEZ at the poblacion proper)
58. Stores for construction materials such as cement, paint, varnish, lacquer, lumber, and steel
provided the storage space for the stocks occupy a space not exceeding 60 square meters.
59. Stores for agricultural products such as palay, rice, corn and copra, provided the storage
space for the stocks occupy a space not exceeding 60 square meters
60. Stores for construction materials such as cement, paint, varnish, lacquer, lumber, and steel
provided the storage space for the stocks occupy a space not exceeding 60 square meters
61. Warehouses for construction materials such as cement, paint, varnish, lacquer, lumber and
steel

C. Non-Allowable (Non-Conforming) Uses in UEZ:

1. Warehouses and milling stations for agricultural products such as palay, rice, corn, oil and
copra
2. Machine shops
3. Welding shops
4. Vulcanizing shops
5. Junk shops
6. Gasoline depot
7. LPG storage/warehouse
8. Transportation terminals/garage with and without repair
9. Repair shops like:
a. motor vehicles and accessory repair shops
b. home furnishing shops
10. Telecommunication towers
11. Marine products buying stations
12. Lechonan or whole pig roasting
13. Livestock production including hogs, poultry and goat

C. Land Use Intensity Controls:

C.1 Floor Area Ratio, Building Height Limits, and Setbacks

Land use intensity controls for the UEZ shall be governed by the following maximum
requirements:

Setback in M. Front Setback in

FAR BHL (fr. Center M.
Area Line) (fr. Edge of the
Road)
Residential:
1. Tugbo Bgy. Site to 2 4 6 1
Hemomoro Site
2. Resettlement Area in 2 2 6 1
Maingaran.
294
 3. Subdivisions in 2 4 6 1
Kinamaligan & Tugbo

Commercial/Light
Industrial:
1. Crossing Masbate to 2 5 12 2
Asid River
2. Crossing Masbate to 2 5 12 2
Tugbo River
All Other Areas 2 4 - 2

C.2. General Zone Regulations:

1. Parking

a. Parking requirements shall be per minimum standards of the National Building Code and Batas
Pambansa Blg. 344, the Accessibility Law.
b. Parking areas and slots shall be clearly marked in order to provide sufficient guidance to the users
and passers-by alike; signs shall be unobtrusive but shall clearly define entry and exit points.
c. Parking spaces shall have distinct entry and exit points and shall, to the extent possible, be
buffered from the sidewalk by visual barriers such as planting strips.
d. There shall be a distinct delineation between sidewalks and parking spaces and the latter shall in
no case occupy spaces allotted to the former.
e. Open and unlandscaped parking lots are discouraged. Should open-lot parking be provided, these
shall be so landscaped to have a park-like character.

2. Landscaping

All large-scale development proposals shall be shall be accompanied by a landscaping plan for
review and approval of the Zoning Officer.
Each development is required to plant at least three (3) trees within their premises.

3. Skywalks

a. The construction of skywalks linking major developments is encouraged. Planning

and design shall, however, put an important consideration on possible view
obstructions which shall be avoided.

4. Abutments

a. No abutments on property lines fronting any street are allowed. Building setbacks shall be as
prescribed by the National Building Code.

5. Gravel and sand stockpiling and quarrying shall be limited only to the portions covered by
the Urban Expansion Zone in Barangays Kinamaligan, Tugbo, and Maingaran.

SECTION 1107. Use Regulations in Agricultural Development Zones (AGZ).

A. Allowed Uses:

A.1 Dominant Use: Agricultural

1. Cultivation, raising and growing of staple crops such as rice, corn, camote, cassava and
the likes
2. Growing of diversified plants and trees, such as fruit and flower bearing trees, coffee,
tobacco, etc.
3. Silviculture, mushroom culture, fishing and fish culture, and the like
4. Customary support facilities such as palay dryers and rice threshers and storage barns
and warehouses
5. Agricultural research and experimentation facilities such as breeding stations, fishfarms,
nurseries, demonstration farms, etc.
6. Pastoral activities such as goat raising and cattle fattening
7. Rodeo-related activities
8. Livestock production including hogs and poultry
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A.2 Complementary Uses: Residential, Agri-Industrial, Institutional

1. Dwelling units/farmhouses for landowners, tillers and laborers

2. Home occupation for the practice of one's profession or engaging home business such
as dressmaking, tailoring, baking, running a sari-sari store and the like, provided that:
a. Number of persons engaged in such business/industry shall not exceed five (5),
inclusive of the owner;
b. There shall be no change in the outside appearance of the building premises;
c. No home occupation shall be conducted in any customary accessory uses cited above;
d. No traffic shall be generated by such home occupation in greater volume than would
normally be expected in a residential neighborhood and any need for parking generated
by the conduct of such home occupation shall be met off the street in a place other than
the required front yard; and
e. No equipment or process shall be used in such occupation which creates noise,
vibration, glare, fumes, odors and electrical interference detectable to the normal
senses and visual or audible interference in any radio or television receiver or causes
fluctuations in line voltage off the premises.
3. Home industry classified as cottage industry, e.g., mat weaving, pottery making, food
preservation, etc. provided that:
a. Such home industry shall not occupy more than thirty (30%) of floor area of the dwelling
unit. There shall be no change or alteration in the outside appearance of the dwelling
unit and shall not be a hazard or nuisance;
b. Allotted capitalization shall not exceed the capitalization as set by the Department of
Trade and Industry (DTI); and
c. Such shall consider same provisions as enumerated in letters (c), (d), and (e) of Home
Occupation, this section.
4. Backyard raising of livestock and fowl
5. Rice/corn and oil mills (single pass)
6. Drying, cleaning, curing and preserving of meat and its by products and derivatives
7. Drying, smoking and airing of tobacco
8. Flour mill
9. Cassava flour mill
10. Manufacture of coffee
11. Manufacture of unprepared animal feeds, other grain milling, n.e.c.
12. Production of prepared feeds for animals
13. Cigar and cigarette factory
14. Curing and redrying tobacco leaves
15. Miscellaneous processing tobacco leaves, n.e.c.
16. Weaving hemp textile
17. Jute spinning and weaving
18. Manufacture of charcoal
19. Milk processing plants (manufacturing filled, reconstituted or recombined milk, condensed
or evaporated)
20. Butter and cheese processing plants
21. Natural fluid milk processing (pasteurizing, homogenizing, vitaminizing, bottling of natural
animal milk and cream related products)
22. Canning and preserving of fruits and fruit juices
23. Canning and preserving of vegetables and vegetable juices
24. Canning and preserving of vegetable sauces
25. Miscellaneous canning and preserving of fruit and vegetables, n.e.c.
26. Fish canning
27. Patis factory
28. Bagoong factory
29. Processing, preserving and canning of fish and other seafoods, n.e.c.
30. Manufacture of desiccated coconut
31. Manufacture of starch and its products
32. Manufacture of wines from juices of local fruits
33. Vegetable oil mills, including coconut oil
34. Sugarcane milling (centrifugal and refines)
35. Sugar refining
36. Muscovado sugar mill
37. Cotton textile mill
38. Manufacture/processing of other plantation crops e.g. pineapple, bananas, etc.
296
 39. Other commercial handicrafts and industrial activities utilizing plant or animal parts and/or
products as raw materials, n.e.c.
40. Other accessory uses incidental to agri-industrial activities
41. Elementary and high schools
42. Barangay centers
43. Religious structures
44. Telecommunication tower/Cell Site

B. Land Use Intensity Controls

Area FAR BHL Setback in M. (fr. Edge of the road)

Entire ADZ 1.5 3 1 m. along Bgy. Roads; 5 M. along
Provincial Rd

C. Zone Regulations
1. The agricultural nature of the zone shall be preserved.
2. Any reclassification of an agricultural land to urban use/s shall be subject to reclassification
process set by Administrative Order No. 20 and Memo Circular No. 54.
3. Conversion of agricultural land to urban uses shall observe the processes set by the Department
of Agrarian Reform on land conversion.

SECTION 1108. Use Regulations in Ecological Development Zones (EDZ) . The following uses shall
be allowed in the EDZ:

A. Allowed Uses:

1. Contract Reforestation with Forest Land Management Agreement (FLMA)

2. Commercial Tree Plantation and Industrial Forest Plantation (ITP/IFP)
3. Integrated Social Forestry Program (ISF)
4. Community - Based Forest Management
5. Reforestation compliance by forest users by Temporary Lease Agreement
6. Reforestation compliance by Pasture Lease Agreement
7. Ecological Revolution Programs (ECOREV)
8. Agricultural activities with environmental protection measures
9. Dwelling units of landowners, tillers and laborers
10. Eco-Tourism Projects
11. Ecology Parks
12. Mangrove Development and Protection

Tourism activities such as resorts, water based sports, fishing, picnics, viewing, and other form
of recreation are also allowed

B. Land Use Intensity Controls

Setback in M.
Area FAR BHL (fr. Center Line)
1. Circumferential Road from junction 1.5 2 20
of proposed Boulevard and
Circumferential Road up to corner
Ibingay St.
2. Proposed Boulevard from junction 1.5 2 30
of proposed Boulevard and
Circumferential Road up to corner
Ibingay St
3. Corner Nursery St. to junction 1.5 2 30
linking proposed Boulevard and
Crossing Rotunda
4. Restricted Area:
from corner Ibingay St. up to corner NO DEVELOPMENT ALLOWED
Nursery St. except titled property

C. Zone Regulations

297
 The restricted area located at corner Ibingay St. up to corner Nursery St. shall be reserved for
mangrove development and protection activities only. No other development shall be
allowed.
No development use or activity shall be allowed in forest or watershed areas unless consistent
with the development regulations for forest and watershed areas and corresponding
permits, lease or license are issued by the Department of Environment and Natural
Resources (DENR).
Proposed projects within the zone shall secure a Locational Clearance and an Environmental
Compliance Certificate prior to start of any physical development.
The utilization of the water resources for domestic and industrial use shall be allowed provided
it is in consonance with the development regulations of the DENR, provisions of the Water
Code, and the Revised Forestry Code of the Philippines. Provided further, that is subjected
to an Environmental Impact Assessment prior to the approval of its use.
All developments within the Circumferential Road in the EDZ shall be required to provide space
for parking and promenade area. A 6-meter alley shall also be required every 100 meters
to serve as passageways to the seashore.
Fencing within the zone especially along roads shall be transparent from the base (wrought
iron, galvanized iron and similar materials) and shall have a maximum height of 1.80
meters from the sidewalk level. Fence base made of concrete, hollow blocks, rock or any
materials shall have a height of no greater than 0.40 meter from the sidewalk level. Side
fencing between adjacent properties shall have a maximum height of 1.80 meters from the
sidewalk level and maybe of concrete, hollow blocks, or similar materials.
SECTION 1109. Use Regulations in Light Industrial Zone (LIZ) . The following uses shall be allowed
in the LIZ:

A. Allowed Uses
A.1. Dominant Uses: Light Industrial
Non-Pollutive/Non-Hazardous
1. Drying fish
2. Biscuit factory
3. Doughnut and hopia factory
4. Manufacture of macaroni, spaghetti and vermicelli and other noodles
5. Other bakery products not elsewhere classified
6. Life belts factory
7. Manufacture of luggage, handbags, wallets and small leather goods
8. Manufacture of miscellaneous products of leather and leather substitute and n.e.c.
9. Manufacture of shoes except rubber, plastic and wood
10. Manufacture of slipper and sandal except rubber and plastic
11. Manufacture of footwear parts except rubber and plastic
12. Printing, publishing and allied industries and those n.e.c.
13. Manufacture or assembly of typewriters, cash registers, weighing, duplicating and
accounting machines
14. Manufacture or assembly of electronic data processing machinery and accessories
15. Renovation and repair of office machinery
16. Manufacture or assembly of miscellaneous office machines and those n.e.c.
17. Manufacture of rowboats, bancas, sailboats
18. Manufacture of animal drawn vehicles
19. Manufacture of children vehicles and baby carriages
20. Manufacture of laboratory and scientific instruments, barometers, chemical balance,
etc.
21. Manufacture of measuring and controlling equipment, plumb bob, rain gauge, taxi
meter, thermometer, etc.
22. Manufacture or assembly of surgical, medical, dental equipment and medical furniture
23. Quick freezing and cold packaging for fish and other seafoods
24. Quick freezing and cold packaging for fruits and vegetables
25. Popcorn/rice factory
26. Manufacture of medical/surgical supplies: adhesive tapes, antiseptic dressing, sanitary
napkins, surgical gauge, etc.
27. Manufacture of orthopedic and prosthetic appliances (abdominal supporter, ankle
supports, arch support, artificial limb, kneecap supporters, etc.)

298
 28. Manufacture of photographic equipment and accessories
29. Manufacture or assembly of optical instruments
30. Manufacture of eyeglasses and spectacles
31. Manufacture of optical lenses
32. Manufacture of watches and clocks
33. Manufacture of pianos
34. Manufacture of string instruments
35. Manufacture of wi and mitts
36. Manufacture of sporting balls (not of rubber or plastic)
37. Manufacture of gym and playground equipment
38. Manufacture of sporting tables (billiards, pingpong, pool)
39. Manufacture of other sporting and athletic goods, n.e.c.
40. Manufacture of toys and dolls except rubber and mold plastic
41. Manufacture of pens, pencils and other office and artist materials
42. Manufacture of umbrella and canes
43. Manufacture of buttons except plastic
44. Manufacture of brooms, brushes and fans
45. Manufacture of needles, pens, fasteners and zippers
46. Manufacture of insignia, badges and similar emblems (except metal)
47. Manufacture of signs and advertising displays (except printed)
48. Small-scale manufacture of ice cream
49. Home furnishing shops
50. Transportation terminal/garage with repair
51. Publishing/printing
52. Medium scale junk shops
53. Vulcanizing shops
54. Welding shops
55. Machine shop service operations (repairing/rebuilding, or custom job orders)
56. Repair of motorcycles
57. Repair of house appliances
58. Repair of home furnishings
59. Machinery display shop/center
60. Gravel and sand stock piling and quarrying
61. Lumber/hardware
62. Manufacture of ice, ice blocks, cubes, tubes, crush except dry ice
63. Manufacture of signs and advertising displays (except printed)
64. Chicharon factory
65. Lechonan or whole pig roasting

Non-Pollutive/Hazardous
1. Gasoline depots
2. LPG storage/warehouses
3. Manufacture of house furnishing
4. Textile bag factories
5. Canvass bags and other canvass products factory
6. Jute bag factory
7.Manufacture of miscellaneous textile goods, embroideries and weaving apparel
8. Manufacture of fiber batting, padding and upholstery filling except coir
9. Men's and boy's garment factory
10. Women's and girls' and ladies' garment factory
11. Manufacture of hats, gloves, handkerchief, neckwear and related clothing accessories
12. Manufacture of raincoats and waterproof outer garments except jackets
13. Manufacture of miscellaneous wearing apparel except footwear
14. Manufacture of miscellaneous fabricated mill work
15. Manufacture of wooden and cane containers
16. Sawali, nipa and split cane factory
17. Manufacture of bamboo, rattan and other cane baskets and wares
18. Manufacture of cork products
19. Manufacture of wooden shoes, shoe lace and other similar products
20. Manufacture of miscellaneous wood products and those n.e.c.
21. Manufacture of miscellaneous furniture and fixture except primarily of metals and
those n.e.c.
22. Manufacture of paper stationary, envelopes and related articles
23. Manufacture of dry ice
24. Repacking of industrial products e.g. paints, varnishes and other related products
299
 25. Warehouses for construction materials such as cement, paint, varnish, lacquer, lumber
and steel
26. Warehouses, milling and buying stations for agricultural products such as palay, rice,
corn, and copra
27. Welding shops

A.2 Complementary Uses: Housing, Institutional, Commercial, Recreational and Agricultural

1. Detached family dwelling
2. Multi-family dwelling, e.g. row-houses, apartments
3. Residential condominium
4. Apartment
5. Customary accessory uses like:
a. Servants quarter
b. Private garage
c. Guard house
6. Home occupation for the practice of one's profession or for engaging home business such
as dressmaking, tailoring, baking, running a sari-sari store and the like provided that:

a. The number of persons engaged in such business/industry shall not exceed five (5),
inclusive of the owner;
b. There shall be no change in the outside appearance of the building premises;
c. No home occupation shall be conducted in any customary accessory uses cited above;
d. No traffic shall be generated by such home occupation in greater volume than would
normally be expected in a residential neighborhood and any need for parking generated
by the conduct of such home occupation shall be met off the street and in a place other
than the required front yard; and
e. No equipment or process shall be used in such home occupation which creates noise,
vibration, glare, fumes, odors and electrical interference detectable to the normal
senses and visual or audible interference in any radio or television receiver or causes
fluctuations in line voltage off the premises.
7. Home industry classified as cottage industry provided that:
a. Such home industry shall not occupy more than thirty percent (30%) of the floor area of
the dwelling unit. There shall be no change or alteration in the outside appearance of
the dwelling unit and shall not be a hazard or nuisance;
b. Allotted capitalization shall not exceed the capitalization as set by the Department of
Trade and Industry (DTI); and
c. Such shall consider same provisions as enumerated in letters (c), (d), and (e) number
12, home occupation, this section.
8. Recreational facilities for the exclusive use of the members of the family residing within the
premises, such as:
a. Swimming pool
b. Pelota court
c. Others
9. Office buildings
10. General retail stores and shops like:
a. department store
b. bookstore and office supply shop
c. home appliance store
d. car shop
e. photo shop
f. flower shop
11. Food markets and shops like:
a. bakery and bake shop
b. wine store
c. grocery
d. supermarket
12. Personal service shops like:
a. beauty parlor
b. barber shop
c. sauna bath and massage clinic
d. dressmaking and tailoring shops
13. Recreational center/establishments like:
a. theater/theater
b. play court, e.g., tennis court, bowling lane, billiard hall
300
 c. swimming pool
d. day and night club
e. stadium, coliseum, gymnasium
f. other sports and recreational establishment
14. Restaurants and other eateries
15. Nursery/Elementary School
16. High School
17. Vocational/technical school
18. Short term special education like:
a. dancing schools
b. school for self defense
c. driving schools
d. speech clinics
19. Colleges, universities, professional business schools, vocational and trade schools,
technical schools and other institutions of higher learning
20. Storerooms but only as may be necessary for the efficient conduct of the business
21. Messengerial service
22. Security agency
23. Janitorial service
24. Bank and other financial institutions
25. Radio and television station
26. Building garage, parking lot
27. Bakery and baking of bread, cake, pastries, pies and other similar perishable products
28. Lechon or whole pig roasting
29. Chicharon factory
30. Biscuit factory - manufacture of biscuits, cookies, crackers and other similar dried bakery
products
31. Doughnut and hopia factory
32. Other bakery products not elsewhere classified (n.e.c.)
33. Repacking of food products e.g. fruits, vegetables, sugar and other related products
34. Custom dressmaking shop
35. Custom tailoring shop
36. Commercial and job printing
37. Typing and photo engraving services
38. Repair of optical instruments and equipment and cameras
39. Repair of clocks and watches
40. Manufacture of insignia, badges and similar emblems except metal
41. Printing/publishing
42. Transportation terminals/garage with and without repair
43. Repair shops like:
a. house appliances repair shops
b. motor vehicles and accessory repair shops
a. home furnishing shops
44. Repair of motorcycles
45. Welding shops
46. Machine shop service operation (repairing/rebuilding, or custom job orders)
47. Medium scale junk shop
48. Machinery display shop/center
49. Gravel and sand
50. Lumber/hardware
51. Manufacture of ice, ice blocks, cubes, tubes, crush except dry ice
52. Printing and publishing of books and pamphlets, printing cards and stationary
53. Manufacture of signs and advertising displays (except printed)
54. Manufacture of wood furniture including upholstered
55. Manufacture of rattan furniture including upholstered
56. Manufacture of box beds and mattresses
57. Multi-purpose hall/barangay hall
58. Government center to house national, regional or local offices in the area
59. General hospitals, medical centers, multipurpose clinics
60. Clinic, nursing and convalescing home, health center
61. Scientific, cultural and academic centers and research facilities except nuclear,
radioactive, chemical and biological warfare facilities
62. Convention centers and related facilities
63. Parking lots/garage
64. Library/museum
301
 65. Filling station/service station
66. Religious structures e.g. church, seminary, convents
67. Parks/gardens
68. Resort areas including accessories
69. Open air or outdoor sports activities and support facilities, including low stadia, gyms,
amphitheaters and swimming pools
70. Sports Club
71. Ball courts, race tracts, golf courses
72. Memorial/ shrines, monuments, kiosks and other park structures
73. Cultivation, raising and growing of staple crops such as rice, corn, camote, cassava and the
like
74. Growing of diversified plants and trees, such as fruit and flower bearing trees, coffee,
tobacco, etc.
75. Silviculture, mushroom culture, fishing and fish culture, and the like
76. Customary support facilities such as palay dryers and rice threshers and storage barns and
warehouses Plant nursery
77. Cultivation, raising and growing of staple crops such as rice, corn, camote, cassava and the
like
78. Growing of diversified plants and trees, such as fruit and flower bearing trees, coffee,
tobacco, etc.
79. Agricultural research and experimentation facilities such as breeding stations, fishfarms,
nurseries, demonstration farms, etc.
80. Pastoral activities such as goat raising and cattle fattening

B. Land Use Intensity Controls

Area FAR BHL Setback in M. Depth in M.

(fr. Center Line) (fr. road center line)
Entire LIZ 1.5 3 15 500 meters

C. Zone Regulations

1. Prime agricultural lands shall be preserved.

2. In case of agricultural land conversion to urban uses, the approved processes, existing
rules and regulations on land conversion shall be observed and complied with.
3. Proper and strict industrial waste handling and disposal system shall be observed and
complied with.
4. Gravel and sand stockpiling and quarrying activities shall be limited only to the portions
covered by the Light Industrial Zone in Barangays Kinamaligan, Tugbo and Maingaran

SECTION 1110. Use Regulations in Coastal Development Zone (CDZ). The following uses shall be
allowed in the CDZ:
A. Allowable Uses
A.1 Dominant Use: Agri-Fishery
1. Fishponds
2. Fishports
A.2 Complementary Uses: Housing, Commercial and Recreational
1. Seaport facilities
2. Bonded warehouses
3. Industrial warehouses
4. Cold storage
5. Truck terminals
6. Other port-related activities
7. Worker’s housing
8. Neighborhood commercial supportive of worker’s housing
9. Worker’s recreational facilities
10. Entertainment facilities such as bars, nightclubs and the like

B. Land Use Intensity Controls

Area FAR BHL Setback in M. (fr. Center Line)

302
 Entire CDZ 1 2 20

C. Zone Regulations

1. All development activities within the Coastal Area shall conform with existing
national laws, rules and regulations on environmental protection, NPAA, the
Water Code, NIPAS, the National Building Code, Sanitation Code and other
safety rules.

2. Fishing activities like fishpond operations within the zone shall be undertaken
pursuant to the provisions of the Fisheries Code and its Implementing Rules and
Regulations.

3. No development use or activity shall be allowed within the zone unless consistent
with the DENR’s development regulations for marine zones and corresponding
permits, lease or license are issued by the DENR, Department of Agriculture (DA),
or the Bureau of Fisheries and Aquatic Resources (BFAR).

SECTION 1111. General Zone Sub-classification for Residential and Commercial Uses. The
Residential and Commercial Uses are sub-classified into R-1, R-2, R-3, and C-1, C-2, C-3,
respectively.

For R-1 (Heavy Density/First Class Residential) the particular areas are described and bounded as
those Residential Uses within the Urban Core Zone or the City Poblacion Proper.

For R-2 (Medium Density/Second Class Residential) the particular areas are described and bounded
as those Residential Uses within the Urban Expansion Zone or the Barangays of Kinamaligan,
Maingaran, and Tugbo.

For R-3 (Light Density/Third Class Residential) the particular areas are described and bounded as
those Built-up Areas within the rural barangays of Usab, Malinta, Asid, Sinalongan, Cagay,Biyong,
Igang, Mapina, Bayombon, and the coastal barangays of Pawa, Batuhan, Bantigue,Cawayan
Exterior and Interior, Anas, Bolo, B. Titong and Ubongan Dacu.

For C-1 (Heavy Density/First Class Commercial) the particular areas are described and bounded as
those Commercial Uses within the Urban Core Zone or the City Poblacion Proper.

For C-2 (Medium Density/Second Class Commercial) the particular areas are described and
bounded as those Commercial Uses within the Urban Expansion Zone or the Barangays of
Kinamaligan, Maingaran, and Tugbo.

For C-3 (Light Density/Third Class Commercial) the particular areas are described and bounded as
those Commercial Uses within the Built-up Areas of the rural barangays of Usab, Malinta, Asid,
Sinalongan, Cagay,Biyong, Igang, Mapina, Bayombon, and the coastal barangays of Pawa,
Batuhan, Bantigue,Cawayan Exterior and Interior, Anas, Bolo, B. Titong and Ubongan Dacu.

SECTION 1112. Height Regulations. Building heights must conform with the height restrictions and
requirements of the Air Transportation Office (ATO), the National Building Code, Structural Code
and other rules and regulations related to land development and building construction.

Exempted from the imposition of height regulations in residential zones are the following: towers,
church steeples, water tanks and other utilities and such other structures not covered by the height
regulations of the National Building Code and the Air Transportation Office.

SECTION 1113. Area Regulations. Area regulation in all zones shall conform with the minimum
requirement of the existing codes such as:

1. P.D. 957 - the “Subdivision and Condominium Buyers’ Protective Law.” and its
revised implementing rules and regulations.
2. B.P. 220 - “Promulgation of Different Levels of Standards and Technical
Requirements for Economic and Socialized Housing Projects” and its revised
implementing rules and regulations.
3. P.D. 1096 - National Building Code
4. Fire Code
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 5. Sanitation Code
6. Plumbing Code
7. Structural Code
8. Executive Order No. 648
9. Other relevant guidelines promulgated by the national agencies concerned.
SECTION 1114. Road Setback Regulations. Unless otherwise specified in this ordinance, road
setback regulation shall be per the requirements of the National Building Code. This Ordinance,
however, prohibits abutments on any property line fronting any road or street.
Property owners shall observe the setback requirements annotated in their respective Transfer
Certificates of Titles (TCTs).

SECTION 1115. Easement. Pursuant to the provisions of the Water Code, the following are the
prescribed easements for banks of rivers and streams, the shores of the seas and lakes throughout
their entire length:
1. Three (3) meters within the urban zone
2. Twenty (20) meters in agricultural zones
3. Forty (40) meters in forest zones. Further, use of areas along its margins are subject to
easement of public use in the interest of recreation, navigation, floatage, fishing and salvage.

No person shall be allowed to stay in this zone longer than what is necessary for space or
recreation, navigation, floatage, fishing or salvage, or to build structure of any kind.

SECTION 1116. Buffer Regulations. A buffer of 3 meters shall be provided along entire boundary
length between two or more conflicting zones allocating 1.5 meters from each side of the district
boundary. Such buffer strip should be open and not encroached upon by any building or structure
and should be a part of the yard or open space.

SECTION 1117. Specific Provisions in the National Building Code. Specific provisions stipulated in
the National Building Code (P.D. 1096) as amended thereto relevant to traffic generators, advertising
and business signs, erection of more than one principal structure, dwelling or rear lots, access yard
requirements and dwelling groups, which are not in conflict with the provisions of the Zoning
Ordinance, shall be observed.

SECTION 1118. Innovative Techniques or Designs. For projects that introduce flexibility and
creativity in design or plan such as but not limited to Planned Unit Development, or housing projects
covered by New Town Development under RA 7279, BLISS Commercial Complexes, etc., the
Zoning Officer shall on grounds of innovative development techniques forward applications to the
Sangguniang Panlungsod and the City Mayor for approval.

SECTION 1119. Projects of National Significance. Projects may be declared by the NEDA Board
as Projects of National Significance pursuant to Section 3 of Executive Order No. 72. Thus, when a
project is declared by the National Economic and Development Authority Board as a Project of
National Significance, the Locational Clearance shall be issued by the Housing and Land Use
Regulatory Board pursuant to Executive Order 72.
SECTION 1120. Environmental Compliance Certificate. Notwithstanding the issuance of Locational
Clearance under Section 29 of this Ordinance, no Environmentally Critical projects located in
Environmentally Critical Areas shall be commenced, developed or operated unless the requirements
of ECC have been complied with.
SECTION 1121. Subdivision Projects. All owners and/or developers of subdivision projects shall in
addition to securing Locational Clearance under Section 39 of this Ordinance be required to secure
a Development Permit pursuant to the provisions of Presidential Decree 957, its Implementing Rules
and Regulations and Batas Pambansa 220 and its Implementing Rules and Regulations in the case
of Socialized Housing Projects in accordance with the procedures laid down in Executive Order No.
71 Series of 1993.

SECTION 1122. Deviation. Exceptions, variances or deviations from the provisions of this
Ordinance may be allowed by the Local Zoning Board of Adjustment and Appeals (LZBAA) only
when the following terms and conditions are existing:

1. Variance

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 a. The property is unique and different from other properties in the adjacent locality
and because of its uniqueness, the owner/s cannot obtain a reasonable return on
the property.

This condition shall include at least 3 of the following provisions.

 Conforming to the provisions of the Ordinance will cause undue hardship on the part of the
owner or occupant of the property due to physical conditions of the property (topography,
shape, etc.) which is not self-created.
 The proposed variance is the minimum deviation necessary to permit reasonable use of the
property.
 The variance will not alter the physical character of the district or zone where the property for
which the variance is sought is located, and will not substantially or permanently injure the
use of the other properties in the same district or zone.
 That the variance will not weaken the general purpose of the Ordinance and will not
adversely affect the public health, safety or welfare.
 The variance will be in harmony with the spirit of this Ordinance.
 That the establishment that have existed prior to the approval of the original-based town plan
in 1978 up to the present, have not adversely affected the use of the adjoining properties and
will not change the basic and essential quality and the general purpose of the place where
said variance establishments are located.
2. Exceptions

a. The exception will not adversely affect the public health, safety and welfare and is in keeping
with the general pattern of development in the community.
b. The proposed project shall support economic based activities/ provide livelihood, vital
community services and facilities while at the same time posing no adverse effect on the
zone/community.
c. The exception will not adversely affect the appropriate use of adjoining property in the same
district.
d. The exception will not alter the essential character and general purpose of the
district where the exception sought is located.
e. All existing palay, rice, corn, and copra warehouses within the urban core zone shall be
exempted from the phase-out period provided no major repairs shall be introduced after five years
from the approval of this Ordinance. This exception does not cover those which have been ordered
by the City Government to vacate their premises prior to the enactment of this Ordinance.

SECTION 1123. Procedures for Granting Exceptions and Variances. The procedure for the
granting of exception and/or variance is as follows:

1. A written application for an exception or variance shall be filed in the Local Zoning Board of
Adjustment and Appeals (LZBAA) citing the section of this Ordinance under which the same is
sought and stating the ground/s thereof.
2. Upon filing of application, a visible project sign, (indicating the name and nature of the
proposed project) shall be posted at the project site.
3. The LZBAA shall conduct preliminary studies on the application.
4. A written affidavit of non-objection of the project by the owners of the properties adjacent to the
project shall be filed by the applicant with the LZBAA at least fifteen (15) days prior to the decision
for exception/variance.
5. In case of objection, the LZBAA shall hold public hearing.
6. At the hearing, any party may appear in person, or be represented by agent/s. All interested
parties shall be accorded the opportunity to be heard and present evidences and testimonies.
7. The LZBAA shall render a decision within thirty (30) days from the filing of the application,
exclusive of the time spent for the preparation of written affidavit of non-objection and the public
hearing in case of any objection to the granting of exception/variance.

SECTION 1124. Locational Clearance. All land owners/developers shall secure Locational
Clearance from the Zoning Officer or in case of variances and exemptions, from the Local Zoning
Board of Adjustment and Appeals (LZBAA) prior to conducting any activity or construction on their
property/land.

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SECTION 1125. Building Permit. No building permit shall be issued by the local Building Official
without a valid Locational Clearance issued in accordance with this Ordinance.

SECTION 1126. Business Permits. No business permit shall be issued by the concerned local unit
or department unless a valid Locational Clearance has been issued.

SECTION 1127. Non-User of Locational Clearance. Upon issuance of a Locational Clearance, the
grantee thereof shall have one year within which to commence or undertake the use, activity or
development covered by such clearance on his/her property.

Non-use of said clearance within said period shall result in its automatic expiration, cancellation and
the grantee shall not proceed with his/her project without applying for a new Locational Clearance.

SECTION 1128. Certificate of Non-Conformance. A Certificate of Non-Conformance shall be

applied for by the owner of the structure or operator of the activity involved within six (6) months from
the approval of the Zoning Ordinance by the Sangguniang Panlalawigan. Failure on the part of the
owner to register/apply for a Certificate of Non-Conformance shall be considered in violation of the
Zoning Ordinance and is subject to fine/penalties.

The Zoning Officer shall, upon approval of this Zoning Ordinance, immediately notify owners of
existing non-conforming uses to apply for Certificate of Non-Conformance.

The owner of the structure or operator of the activity with Certificates of Non-Conformance shall be
provided a phase-out period prescribed by the LZBAA within which to change the use to a
conforming one. If the owner fails to change to a conforming use within the phase-out period, no
business permit shall be issued to the owner.

SECTION 1129. Phase Out Period for Non-Conformance. The owner of non-conforming use/s shall
program the phase-out or relocation of the non-conforming use within 5 years starting from the
approval of the Zoning Ordinance by the Sangguniang Panlalawigan. This provision does not cover
establishments which have been ordered by the City Government to vacate their premises prior to
the enactment of this Ordinance.

SECTION 1130. Existing Non-Conforming Uses and Buildings. The lawful uses of any building,
structure or land at the time of adoption or amendment of this Ordinance may be continued, although
such uses do not conform with the provision of this Ordinance, provided:

1. That no such non-conforming use shall be enlarged or extended to occupy a greater area of
land than that already occupied by such use at the time of the adoption of this Ordinance or moved
in whole or in part, to any other portion of the lot or parcel or land where such non-conforming use
exists at the time of the adoption of this Ordinance.
2. That no such non-conforming use which has ceased operation for more than one (1) year be
again revived as non-conforming use.
3. An idle/vacant structure may not be used for non-conforming activity.
4. That any non-conforming structure, or structures under one ownership which has been
damaged maybe reconstructed and used as before provided that such reconstruction is not more
than fifty percent (50%) of the replacement cost.
That should such non-conforming portion of structure be destroyed by any means to an extent of
more than fifty percent (50%) of its replacement cost at the time of destruction, it shall not be
reconstructed except in conformity with the provisions of this Ordinance.
5. That no such non-conforming use maybe moved to displace any conforming use.
6. That no such non-conforming structure may be enlarged or altered in a way which increases
its non-conformity, but any structure or portion thereof may be altered to decrease its non-
conformity.
7. That should such structure be moved for any reason to whatever distance, it shall thereafter
conform to the regulation of the district in which it is moved or relocated.

SECTION 1131. Responsibility for Administration and Enforcement. This Ordinance shall be
enforced and administered by the Local Chief Executive through the Zoning Officer who shall be
appointed by the former in accordance with existing rules and regulations on the subject.

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SECTION 1132. Powers and Functions of a Zoning Officer. Pursuant to the provisions of
Executive Officer 72 implementing Republic Act 7160 in relation to Sec. 5, Paragraph a and d, and
Section 7 of Executive Order No. 648 dated 07 February 1981 The Zoning Officer shall perform the
following functions, duties and responsibilities:

1. Enforcement

2. Act on all applications for Locational Clearances for all projects.

 Issuance of Locational Clearance for projects conforming with zoning regulations.

 Recommend to the Local Zoning Board of Adjustment and Appeals (LZBAA) the grant or
denial of applications for variances and exemptions and the issuance of Certificate of Non-
Conformance for non-conforming projects lawfully existing at the time of the adoption of the
zoning ordinance, including clearances for repairs/renovations on non-conforming uses
consistent with the guidelines therefore.
3. Monitor on-going/existing projects within their respective jurisdictions and issue notices of
violation and show cause order to owners, developers, or managers of projects that are
violative of zoning ordinance and if necessary, pursuant to Section 3 of Executive Order No.
71 refer subsequent actions thereon to the HLURB.
4. Call and coordinate with the Philippine National Police for enforcement of all orders and
processes issued in the implementation of this ordinance.
5. Coordinate with the City Fiscal/City Attorney for other legal actions/remedies relative to the
foregoing.
6. Barangay Captains are enjoined with shared responsibility and obligations on monitoring of
on-going/existing projects within their respective jurisdiction and issue notices of violation and
show cause order to owners, developers or managers of projects that are violative of zoning
ordinance and if necessary, pursuant thereto, refer subsequent actions thereon to the Zoning
Officer and failure, non-performance and/or negligence on the part of Barangay Captain
concerned shall constitute a ground for disciplinary/administrative actions provided under
R.A. 7160.

2. Planning

a. Coordinate with the Regional Office of the HLURB regarding proposed amendments to
the zoning ordinances prior to adoption by the Sangguniang Panlungsod.

SECTION 1133. Action on Complaints and Oppositions. A complaint for violation of any provisions
of this Ordinance or any clearance or permits issues pursuant thereto shall be filed with LZBAA.

However, oppositions to application/s for Locational Clearance, Variance or Exception shall be

treated as a complaint and dealt with in accordance with the provisions of this section.

SECTION 1134. Functions and Responsibilities of the Local Zoning Board of Adjustments and
Appeals. There is hereby created a LZBAA which shall perform the following functions and
responsibilities:

1. Act on Applications of the following Nature:

a. Variances
b. Exceptions
c. Non-Conforming Uses
d. Complaints and oppositions to applications

2. Act on Appeals on Grant or Denial of Locational Clearance by the Zoning Officer.

Decisions of the Local Zoning Board of Adjustment and Appeals shall be appealable to the
Sangguniang Panlalawigan.

SECTION 1135. Composition of the Local Zoning Board of Adjustment and Appeals (LZBAA). The
City Development Council shall create a sub-committee which shall act as the LZBAA, composed of
the following members:

1. City Mayor as Chairman

2. City Legal Officer
3. City Assessor
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 4. City Engineer
5. City Planning and Development Coordinator (if other than the Zoning Administrator.
6. LIGA President
7. Two (2) representatives of the private sector, nominated by their respective
organizations and confirmed by the City or City mayor. In the event of non-availability
of any of the officials enumerated above, the Sangguniang Panlungsod shall elect the
number of its members as may be necessary to meet the total number above set
forth, as representatives.
8. Two (2) representatives from non-government organizations, nominated by their
respective organizations and confirmed by the City or City Mayor. In the event of non-
availability of any of the officials enumerated above, the Sangguniang Panlungsod
shall elect the number of its members as may be necessary to meet the total number
above set forth, as representatives.
9. City Councilor, Committee Chairman on Urban Planning and Housing and Committee
Chairman, Committee on Urban Assets.

For purposes of policy coordination, the LZBAA shall be attached to the City Development Council.

SECTION 1136. Review of the Zoning Ordinance. The City Development Council shall create a
sub-committee, the Local Zoning Review Committee (LZRC) that shall review the Zoning Ordinance
considering the Comprehensive Development Plan, and as the need arises, based on the following
reasons/situations:

1. Change in local development plans

2. Introduction of projects of national significance
3. Petition for rezoning
4. Other reasons which are appropriate for consideration

SECTION 1137. Composition of the Local Zoning Review Committee. The Local Zoning Review
Committee shall be composed of sectoral experts.

These are the Local Officials/Civic Leaders responsible for the operation, development and progress
of all sectoral undertakings in the locality, e.g.:

1. City Planning and Development Coordinator

2. City Health Officer
3. City Agriculturist
4. President, Association of Barangay Captains
5. City Engineer
6. Community Environment and Natural Resources Officer (CENRO)
7. Agrarian Reform Officer
8. District School Supervisor
9. Three (3) Private Sector Representatives (Local Chamber of Commerce,
Housing Industry and Homeowner’s Association)
10. Two (2) NGO Representatives
11. Zoning Officer
For purposes of policy and program coordination, the LZRC shall be attached to the City
Development Council.

SECTION 1138. Functions of the Local Zoning Review Committee. The Local Zoning Review
Committee shall have the following powers and functions:
1. Review the Zoning Ordinance for the following purposes:
a. Determine amendments or revisions necessary in the Zoning Ordinance because
of changes that might have been introduced in the Comprehensive Land Use
Plan.
b. Determine changes to be introduced in the Comprehensive Land Use Plan in the
light of permits given, and exceptions and variances granted.
c. Identify provisions of the Ordinance difficult to enforce or are unworkable.
2. Recommend to the Sangguniang Panlungsod necessary legislative amendments and
to the local planning and development staff the needed changes in the plan as a
result of the review conducted.
3. Provide information to the HLURB that would be useful in the exercise of its functions.

SECTION 1139. Amendments to the Zoning Ordinance. Changes in the Zoning Ordinance as a
result of the review by the Local Zoning Review Committee shall be treated as an amendment,
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provided that any amendment to the Zoning Ordinance or provisions thereof shall be subject to
public hearing and review and evaluation of the Local Zoning Review Committee and shall be
carried out through a resolution of three fourths vote of the Sangguniang Panlungsod. Said
amendments shall take effect only after approval and authentication by the Sangguniang
Panlalawigan.

SECTION 1140. Violation and Penalty. Any person who violates any of the provisions of this
Ordinance, shall, upon conviction, be punished by a fine not exceeding Twenty Thousand Pesos or
an imprisonment for a period not exceeding one year or both at the discretion of the Court. In case
of violation by a corporation, partnership or association the penalty shall be imposed upon the erring
officers thereof.

SECTION 1141. Suppletory Effect of Other Laws and Decrees. The provisions of this Ordinance
shall be without prejudice to the application of other laws, presidential decrees, letter of instructions
and other executive or administrative orders vesting national agencies with jurisdiction over specific
land areas, which shall remain in force and effect, provided that land use decisions of the national
agencies concerned shall be consistent with the Comprehensive Land Use Plan of Masbate.

Article II
REQUIRING AND REGULATING THE NUMBERING OF RESIDENTIAL, COMMERCIAL
AND OTHER BUILDING STRUCTURES IN THE CITY GOVERNMENT.
SECTION 1142. The City Government of Masbate requires a new and uniform numbering of
number plates for every residential, commercial and other buildings within Masbate City.
Uniform number of Residential/commercial/other buildings plates by barangay
SECTION 1143. a) The numbering of house plates shall be by barangay and for the effective and
efficient implementation shall be undertaken by the Office of the City Mayor.
b) The number of houses/commercial and other structures shall be based on statistical
figures corresponding to the current number of residential, commercial and other
structures in the City of Masbate.
c. The Office of the City Mayor shall undertake the procurement of said house plate
number in accordance with accounting and auditing rules and regulation;

Design/material/Size/Price of Number Plates

SECTION 1144. a) The number plates shall bear the original logo of the City Government.
b) Specifications
a. Material – made of anodized aluminum plate
b. Size – 3 ¾” x 12” x 016” gauge
c. Color – Bright Silver background with Solid Dye Bright Green text
d. Price – not more than Two Hundred Pesos

Installation and Numbering

SECTION 1145. The installation of House/Commercial/and other building structures should be by
barangay, each bearing the number beginning with Number 1.
SECTION 1146. Installation and numbering shall be undertaken by every barangay concerned in
the City of Masbate after proper consultation with the Office of the City Mayor.
SECTION 1147. Numbering of Residential/Commercial/and other building structures is primarily for
locational purposes and proper identification of every household in the city.
Authority and funding in the Implementation of the Ordinance
SECTION 1148. All barangay within the City shall, within ten days from receipt of this ordinance or
notice, submit a complete listing of all residential, commercial and other building structure in their
respective localities to the office of the Mayor for funding purposes;
SECTION 1149. The Local Chief Executive upon completion and submission of listing of all
Residential and Commercial buildings within the city, shall make funds available necessary for the
purpose.
SECTION 1150. All Barangays shall assist in the actual installation and numbering of residential,
commercial and other building structure within their territorial jurisdiction.

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SECTION 1151. The Installation and numbering of residential, commercial and other building
structure shall start July 1, 2003
CHAPTER XIX
TRANSPORTATION

Article I
MASBATE CITY TRAFFIC CODE
SECTION 1152. This Masbate City Traffic Code shall govern the prescribed guidelines in the
operations of the following land vehicular contraptions, land motorized vehicles and land motor
vehicles, viz:
1. Land Vehicular Contraptions shall include Skates, Roller-skates, Bicycles, Pedicabs, Scooters,
Towed or Pushed Carts and Trailers;
2. Land Motorized Vehicles shall include Motorcycles, Trykes and Tricycles;
3. Motor Vehicles shall include Jeeps, Jeepneys, Cars, Vans, Buses, Trucks, Ten Wheelers and all
Heavy Equipment’s and Mobile Trailers.

SECTION 1153. This Masbate City Traffic Code provides for the imposition of the penalty of fines,
imprisonment, and suspension of the Motor Vehicle Drivers, Drivers License, Registration of the
Motor Vehicle and Plate Number, to the Driver or Owner for violation of this Masbate City Traffic
Code.

SECTION 1154. Areas Of Violations shall include all Roads, streets, avenues and highways within
the territorial jurisdiction of the City of Masbate.
SECTION 1155. Definition of Terms.
1. Ambulance – any motor vehicle used by hospitals, clinics, dispensaries and wards for transporting
patients;
2. Bicycle – any two-wheeled vehicle pedaled on both left and right sides by both feet to move
forward or backward;
3. Cargo – any object loaded on or inside a vehicle for transport from one place to another place;
4. Cart – a two, three or four-wheeled steel or wooden box like flatbed with or without protective
railing around it and pushed or dragged by a person or a motor vehicle for commercial or personal
use;
5. Corner – the curved angle of a traversed street;
6. Double-parking – the positioning or situating a vehicle across the street and opposite a
previously parked vehicle;
7. Downhill – the motion of going downward on a hill;
8. Driver – any person who steers, guides, pilots or cause to operate or move from one place to
another any of the vehicles mentioned in the preceding section 2, either for commercial, public or
personal use.
9. Fare – the amount of money or its equivalent paid by a passenger as payment for services
rendered in transporting or ferrying said passenger from one place to another;
10. Fire truck – any motor vehicle used as a fire-fighting unit by a fire department station;
11. Freight – the amount of money or its equivalent paid by a person as payment for services
rendered in transporting cargoes from one place to another;
12. Funeral hearse – any motor vehicle or cart used by funeral parlors in transporting a dead
persons’ corpse or cadaver;
13. Green light – the color of a traffic light denoting go;
14. Heavy equipment – any vehicle over and above five tons in weight;
15. Illegal cargo – any of an object loaded in a vehicle for transport which are unlawful and
violates all existing laws of the republic of the philippines;
16. Intersection – the junction of a crossing streets;
17. Loading – accommodating a cargo or passenger within a vehicle;
18. Minors – any person whose age is below 18 years old the required age authorized by law to
apply and be issued a corresponding driver’s license;
19. Motorcycle – any two-wheeled vehicle similar to that of a bicycle or tryke fitted with an engine
or motor of varying horsepower to propel its motion;
20. Motor vehicle – any two, three, four, six, ten or more wheels, engine-driven vehicle which
feeds on either gasoline, diesel, coal and/or solar energy and lubricants used as conveyance
either public, private, cargo or transportation purposes;
21. Non-professional driver – is a land motor vehicle driver licensed to drive private and personal
motor vehicle only;

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22. Operator – includes the owner, manager, administrators or any juridical entity and persons
who is responsible for the functional operations of the vehicles mentioned in the preceding
section 2;
23. One-way traffic – a single directional movement of vehicles;
24. Overtake - to by-pass at the left side of an on-going or speeding vehicles;
25. Parking – the positioning and/or situating a vehicle at any space and with its engine shut-off
for an engine driven vehicle;
26. Passenger – any natural person being carried and transported from one place to another for
and in consideration of a fixed rate of fare or fee;
27. Pedicab – a bicycle fitted with a single wheel sidecar, or two wheeled cart or pushed or
towed for commercial or personal use; with no motor engine to propel its motion.
28. Pedestrian lane – a designated portion of the street, marked by two parallel and apart lines
crossing the street for use by pedestrians in crossing from one side of the street to the other
side;
29. Professional driver – a person issued with a professional driver’s license and is authorized to
drive a motor vehicle either for commercial, public conveyance or private use;
30. Red light – the color of a traffic light denoting stop;
31. Roller skates – any two or four wheels foot rollers attached to the shoes of both feet used by
children for skating or gliding on pavements;
32. Scooter – a wood or metal two, three, or four wheeled toy with a narrow board for stepping
with the right or left foot for pushing to propel a backward or forward motion with a steering
handle, used by children for sports or games;
33. Signs – any poster with markings of letters or figures and symbols denoting restrictions,
prohibitions and/or authorizations;
34. Speed Limit – the authorized speed or velocity of a speeding vehicle along a street either in
kilometers or miles per hour (kph/mph);
35. Yellow Light – the color of a traffic light denoting a temporary halt or caution of vehicles with
its engine (if any) functioning;
36. Uphill – the motion of going upward on a hill;
37. Traffic Officer – the duly authorized traffic enforcer of the LTO, PNP, TMG, DOTC and other
law enforcers of the government;
38. Traffic Aide – any persons, apprentice, cadet, trainee, or volunteer of a military academy,
duly authorized and any person duly deputized by the city government to assist lawful traffic
enforcer in directing, maintaining and keeping the orderly flow of traffic and pedestrians.
SECTION 1156. Violation in Connection with Licensing. The following violations shall constitute
sufficient grounds for the imposition of the penalty of fine, imprisonment, suspension and/or
revocation of driver’s license. Cancellation or revocation of vehicle registration or both fines,
imprisonment and revocation of license and registrations:
1. MINORS AND ANY PERSONS DRIVING A MOTOR VEHICLE WITHOUT A STUDENT
PERMIT AND UNACCOMPANIED BY A PROFESSIONAL DRIVER.
Penalty - a fine of P200.00 to the owner of the motor vehicle used or imprisonment of one (1)
week or both fine and imprisonment at the discretion of the court.

2. DRIVING WITH DEFECTIVE AND NON-FUNCTIONING VEHICLE FIXTURES AND PARTS

ACCESSORIES, viz:
(2.1) Non-functioning windshield wipers;
(2.2) Non-functioning wheel brakes;
(2.3) Non-functioning left and right signal lights, tail lights, brake lights, parking lights, headlights,
handbrakes and blowhorn.
Penalty - a fine of P50.00 per offense of the driver or imprisonment for one (1) week or both
fine and imprisonment at the discretion of the court.

3. DRIVING IN POSSESSION AND USE OF FAKE DRIVER LICENSE.

Penalty - a fine of P500.00 or imprisonment
of one (1) month or both fine and imprisonment at the discretion of the court.
4. ALLOWING ANOTHER PERSON TO USE ONE’S DRIVER’S LICENSE. The following penalties
shall be imposed on the owner of the drivers’ license or the LICENSEE.
Penalty - a fine of P500.00 or imprisonment for one (1) month or both fine and imprisonment at
the discretion of the court.
5. DRIVING WHILE UNDER INTOXICATION AND INFLUENCE OF INTOXICATING LIQUOR.

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Penalty - a fine of P500.00 or imprisonment for one (1) month or both fine and imprisonment at
the discretion of the court.
6. DRIVING WHILE UNDER THE INFLUENCE OF ILLEGALLY PROHIBITED DRUGS.
Penalty - a fine of P1,000.00 and three (3) months suspension of drivers’ license or
imprisonment for three (3) months with counseling Drug Rehabilitation or both fine and imprisonment
and rehabilitation at the discretion of the court.
The suspected illegal drug user shall be made to undergo a drug test to ensure positive result
necessary in the promulgation of conviction by the court.
7. ALLOWING THE USE AND INVOLVEMENT OF THE MOTOR VEHICLE IN THE COMMISSION
OF A CRIME.
Penalty - a fine of P1,500.00 and six (6) months suspension of vehicle registration or
Imprisonment of the vehicle owner for six (6) months or both fine, suspension of motor vehicle
registration or imprisonment at the discretion of the court.
[

8. INVOLVEMENT OF THE DRIVER IN THE COMMISSION OF A CRIME.

Penalty - a fine of P1,000.00 or six (6) months suspension of driver’s license or both under the
discretion of the court;

9. TRANSFER OF A VEHICLE PLATE NUMBER FROM ONE VEHICLE TO ANOTHER VEHICLE:

[[

Penalty - a fine of P1,000.00 or imprisonment for one (1) month or both under the discretion of
the court.
[

10. DRIVING A MOTOR VEHICLE WITH AN INAPPROPRIATE OR UNAUTHORIZED DRIVER’S

LICENSE.
[

10.a) Holders and possessors of Non-Professional Driver’s license shall be deemed in violation of
this Code for operating and/or driving the following motor vehicles:
10.a.1) Cargo and freight trucks, trailers, jeeps or ten wheelers for hire and garbage trucks for
private commercial usage;
10.a.2) Public utility or passenger jeepneys, taxis, rent-a-car, tricycle, busses, air conditioned vans,
pedicabs, filcabs,or auto calesa and PU’s;
10.a.3) Private hospital ambulance, funeral parlor hearses, motorcycle-for-hire, and all other heavy
equipment vehicles used by private contractors for commercial purposes;
[

EXEMPTION: Emergency government drivers, driving government vehicles in the performance of

emergency functions such as fire-trucks, government ambulances, military vehicles used during
fortuitous calamities and disasters including government garbage trucks.
Penalty - a fine of P500.00 pesos for every violation and apprehension or one (1) month
imprisonment of both under the discretion of the court.
11. DRIVING ON A WRONG DIRECTIONAL LANE OF A STREET OR THOROUGHFARE:
[

a. The entourage, convoy, palanks, line or queue of moving vehicles shall occupy only one lane of
the street during a parade, religious processions, and funeral hearse.
EXEMPTION: Fire-trucks, ambulance, garbage vehicles, government military and public Works
Equipment responding to an emergency official functions.
Penalty - a fine of P150.00 for every violation and apprehension by an authorized government
traffic enforcers. [

SECTION 1157. Breach Of The Conditions On The Franchise And Out-Of-Line Operations Of
Commercial Vehicles. The following shall constitute a breach of the conditions of the franchise and
shall be deemed a violation of this Code:
1. DRIVING TO AND FROM AN AREA OF DESTINATION NOT COVERED IN THE APPROVED
FRANCHISE;
 Drivers are prohibited from entering and leaving to and from a specific area of commerce
other than those areas duly approved and authorized in the agreement and condition of the
franchise;
Penalty - a fine of P 500.00 or one (1) week suspension of driver’s license or both fine and
suspension at the discretion of the court.
2. TRIP-CUTTING AND/OR REFUSAL TO CONVEY PASSENGER TO HIS/HER DESTINATION;
 No driver or any of its representative shall order a passenger to disembark or alight before
reaching his destination and/or refuse passage to anyone,
[

312
EXEMPTION: When during a vehicular accident occurring within that time and when a person is
certified by a competent government doctor to be unfit to travel due to physical incapacity and
afflicted with an incurable an communicable disease.
[

Penalty - a fine of P 500.00 or one (1) week suspension of driver’s license or both fine and
suspension at the discretion of the court.
3. OVERLOADING BEYOND CARGO TONNAGE AND PASSENGERS CAPACITY:
 All drivers or any of its representatives are prohibited from loading cargo/es beyond load limit
and passenger capacity on top load or cluster hanging on either of its side planks.
EXEMPTION: When transporting passenger victims of a vehicular accident to a nearby hospital or
medical clinic.[

Penalty - a fine of P 500.00 or one (1) week suspension of driver’s license or both fine and
suspension at the discretion of the court.
4. UNDUE PREFERENCE OR UNJUST DISCRIMINATION:
 No driver or any of its representative shall refuse to admit or accept passenger/s on a short
distance than that which is directly or expressly specified in its designation route;
EXEMPTION: Calamitous and/or fortuitous vehicular accidents.
Penalty - a fine of P 500.00 or one (1) week suspension of driver’s license or both fine and
suspension at the discretion of the court.
5.OVERCHARGING OVER AUTHORIZED RATE OF PASSENGERS FARE AND CARGO.
[5. 5

Penalty - a fine of P 500.00 or one (1) week suspension of driver’s license or both fine and
suspension at the discretion of the court.
N.b. Based on the prevailing rate or fare.
6. SHORT DISTANCE PICK-UP AND ACCEPTING PASSENGER OUTSIDE OF THE TERMINAL
TO TERMINAL ROUTE OR ALONG ANY SEGMENT OF THE ROUTE DISTANCE BY RENT-A-
CAR AND LOOP-SERVICE VEHICLES;
Penalty - a fine of P 500.00 or one (1) week suspension of driver’s license or both fine and
suspension at the discretion of the court. [

7. FLAGGED-UP TAXI METERS;

1st offense - a fine of P250.00 pesos;
2nd offense - a fine of P500.00 pesos;
3rd offense - a fine of P1,000.00 pesos or suspension for three (3) months of driver’s license;
4th offense - a fine of P1,500.00 pesos or suspension for six (6) months of driver’s license or
both fine and suspension at the discretion of the court.
8. OPERATING TAXI WITH DEFECTIVE TAXI-METER:
All taxi-cabs shall not be operated with defective taxi-meters, and with tampered, broken, fake or
altered taxi-meter seal.
1st offense - a fine of P150.00 pesos;
2nd offense - a fine of P500.00 pesos;
3rd offense - a fine of P1,000.00 pesos or suspension of driver’s license for one (1) month;
4th offense - a fine of P1,500.00 pesos or suspension of driver’s license for three (3) months or
both fine and suspension at the discretion of the court.
9. OPERATING AND/OR DRIVING A MOTOR VEHICLE FOR PASSENGER AND FOR HIRE
WITH A PLATE NUMBER COLORED OTHER THAN YELLOW COLOR:
 All driver shall not operate and/or drive a motor vehicle with plate number colored other than
YELLOW for passenger or for hire such as the colors RED for government offices; WHITE for
the members of the Executive, Judiciary and Legislative branch and GREEN for private
services:
st
1 offense - a fine of P250.00 pesos;
2nd offense - a fine of P500.00 pesos;
3rd offense - a fine of P1,000.00 pesos or suspension for one (1) month of drivers’ license or both
fine and suspension at the discretion of the court.
10. DRIVING A MOTOR VEHICLE WITHOUT A PLATE NUMBER AT THE FRONT AND REAR.
Penalty - a fine of P 500.00 or one (1) month suspension of driver’s license or both fine and
suspension at the discretion of the court.
N.b The motor vehicle shall be impounded during the duration of the suspension of the driver.
11. DRIVING A MOTOR VEHICLE WITHOUT THE PROPER DRIVER’S LICENSE.

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  All drivers with student and/or non-professional drivers license are not allowed to operate
and/or drive motor vehicles for passenger and all other vehicles for commercial purposes
except those with valid Professional Driver’s License.
Penalty - a fine of P 500.00 or one (1) month suspension of driver’s license or both fine and
suspension at the discretion of the court.
12. DRIVING MOTOR VEHICLE WITH UNREADABLE, DIRTY AND IMPROPER DISPLAY AND
ATTACHMENT OF VEHICLE PLATE NUMBERS.
 All motor vehicles fitted and attached with an unreadable and dirty plate numbers; not
properly attached to the front and rear bumpers and provided with the appropriate night lights
during night driving to be conspicuously seen by the proper authorities, constitute violation of
this Code:
[

Penalty - a fine of P 500.00 or one (1) week suspension of driver’s license or both fine and
suspension at the discretion of the court.

13. DRIVING A RIGHT-HAND-DRIVE (RHD) MOTOR VEHICLES BOTH FOR PRIVATE AND FOR
PUBLIC AND COMMERCIAL PURPOSES.
 DOTC Memorandum Circular No. 63-693, requires all Right-Hand-Drive
Vehicles converted into a Left-Hand-Drive vehicle for operating within the Philippines jurisdiction
before given a license to operate either for public or private usage.
1st offense - a fine of P500.00 pesos with an order for conversion of said LHD to THD.
2nd offense - a fine of P1,000.00 pesos and/or suspension of the motor vehicle registration for two
(2) months.
3rd offense - a fine of P1,500.00 pesos, absolute or total confiscation of the vehicle registration and
impounding of the motor vehicle or both fine, confiscation or revocation of registration or
impoundage of the motor vehicle at the discretion of the court, with admonition that all pertinent
documents or ownership shall be returned to its lawful owner upon completion of the conversion of
the vehicle from a Right-Hand – Drive to Left - Hand-Drive.

SECTION 1158. Intentional And Hazardous Violation. The following violation constitutes
sufficient grounds or cause for the imposition of penalty of fines; suspension, revocation and/or
cancellation of driver’s license and automatic confiscation of motor vehicle registration and plate
numbers.
1. Parking within ten meters from the corner and/curb gutter of street intersections;
2. Parking at Ingress (entrance) and Egress (Exit) of fire stations; hospitals, clinics, penitentiary,
cemetery, port areas, airport, churches of any denominations and all government and public
3.
buildings.
[

4. Parking within paved or cemented City, Provincial or National Streets, highways or avenues and
all other public thoroughfares.
5. Loading or unloading passengers or cargoes within Ten meters from corners, intersections or
junctions;
6. Parking without parking lights functioning.
7. Inevitable parking during emergency changing of flat tire without the proper display of early
warning device at both the front and the rear end of the vehicle.
8. Parking at a specific No Parking area along either side of the streets.
9. [

10. Tooting or Blowing of horns and/or producing deafening sounds from musical instruments at the
vicinity or nearest courthouse, religious churches of any denomination, public or private
institutions of learning or schools and hospitals and clinics and at all military outposts and check
points.
11. Failure to give preference to all pedestrian lanes.
12. Parking at an area where a No Parking sign is installed especially for more than twenty-four
hours.
Penalty - a fine of Five Hundred Pesos or one month suspension of driver’s license or both
fine and suspension at the discretion of the court.
[[

SECTION 1159. The following shall constitute Dangerous and Hazardous violation:
[

1. Overtaking at the shoulder or sidewalk of the street.

2. Overtaking at intersections.
3. Beating or ignoring the Red Light or Stop signal.
4. Going against the regular flow of traffic movement or counter flow on a one-way street.
5. Over-speeding at a densely vehicular populated streets.
6. Overtaking at the right side of a speeding motor vehicle.
7. Double-parking.
314
8. Manipulating the U-turn movement on streets with no U-turn signs.
Penalty - a fine of Five Hundred Pesos or one week suspension of driver’s license or both fine
and suspension at the discretion of the court.
SECTION 1160. Right of Way Violations. The following shall constitute willful violation of the Right-
of-way and shall be sufficient grounds for the imposition of penalty of fines, revocation and/or
suspension of the driver’s license.
1. Failure to execute the correct and proper hand signals in turning to the left or right directions at
corners.
a) Extending left arm horizontally to the left side with palm facing ground ward to denote left turn;
b) Extending left arm horizontally to the right with palm facing rightward to denote right turn;
c) Gesturing or signaling with either the left or the right foot to denote a change of direction is a
violation of this Code.
Penalty - a fine of Five Hundred Pesos or one week suspension of driver’s license or both fine
and suspension at the discretion of the court.

SECTION 1161. Driving at the wrong side of the street and refusing to give in to would-be overtake
by insisting on driving at leftmost center of the road, thus simulating a road race between vehicles.
Penalty - a fine of Five Hundred Pesos or one week suspension of driver’s license or both fine
and suspension at the discretion of the court.
SECTION 1162. Improper Behavior and Conduct Unbecoming of a Profressional Driver.The
following misdemeanors shall constitute improper behavior and conduct unbecoming of a
professional driver and shall be a sufficient grounds for the imposition of penalty of fines, suspension
and revocation of driver’s license.
1. Driving without proper clothing, that is clothed only with sando or short pants and slippers.
2. Driving without proper shoes. Slipper are not allowed.
EXEMPTION: Driving during typhoons, calamities or fortuitous events and disaster with water
flooding the road and during emergencies occurring at conflagrations and fires wherein the
concerned vehicle driver is one of those affected.
3. Failure or intentional refusal to transport a sick or incapacitated person to a nearby hospital
for treatment.
4. Failure or intentional refusal to transport a victim of vehicular accident to a nearby hospital for
[
treatment.
5. Intentional refusal to stop upon a reasonable signal and/or instruction to stop by an
authorized traffic officer or any member of the Philippines National Police force.
Penalty - a fine Two Hundred Fifty pesos or suspension for One week of the driver’s license or
both fines and suspension at the discretion of the court.
SECTION 1163. Traffic Violations On Skates, Roller Skates Scooters, Bicycle, Pushcarts And
Trailers.
The following violations constitutes sufficient grounds for the imposition of penalty of fines,
impoundages, confiscation of toys and other sports paraphernalia’s used in the commission of
violations of this Code:
[

1. It shall be prohibited for any and/or all persons to play skating and roller skating on National,
Provincial or City Roads and Streets anytime of the day and night.
2. It shall be prohibited for any and/or all persons to play scooter riding and/or bicycle riding on
National, Provincial or City Roads and Streets anytime of the day and night.
EXEMPTION: In public parks and playgrounds, private yards and residential premises, covered
courts, arenas and other pay-for-play or commercial playgrounds.
Penalty - a fine of One Hundred Fifty pesos or confiscation or impounding of toys or sports
paraphernalia’s or both fines, impoundage or confiscation’s of toys used at the discretion of the
court.
SECTION 1164. On Bicycle Riders And/Or Cyclists:
1. Bicycle without the corresponding license plate number registered with the City Treasurers
Office;
2. Bicycle without reflectorized and conspicuously pasted and/or stickered signs both at the right
and left pedals and on the front and rear mudguards;
3. Bicycles which do not have an installed dynamo powered or battery powered head-light and tail-
light during evening most especially when inclement weather blurred the visibility of incoming
motorists;
4. All sports paraphernalias and toys mentioned under Article VII of this Code are not allowed at
National Highways

315
EXEMPTION: When used during a duly authorized sports competition sponsored during athletic
meets, town fiestas, civic fund raising and on-going training of athletes, wherein the users of said
toys possesses the proper identifications for the purpose.
5. Pushcarts are not allowed at National, Provincial, or City Streets, 7:00 AM. to 12:00 A.M. – 1:00
P.M. to 5:00 P.M.
6. Trailers pulled or tugged by any motor vehicle shall likewise be registered with the City
Treasurer’s Office with plate number and luminous or reflectorized stickers pasted along its sides, a
banner, streamer or flaglets of bright colored cloth fastened to a 60 centimeters high rod from its
topmost sides for motorists to see. All materials loaded on trailers whose length are over and
beyond the length of the trailer shall be fitted with a bright colored sheet of cloth.’
Penalty - a fine of Five Hundred pesos or confiscation or impoundage or both fines,
confiscation or impoundage at the discretion of the court.
[

SECTION 1165. On Wearing Of Protective Gears And Outfits.

1. All drivers and back-riders of two-wheels motor vehicles and bicycles shall all the time wear
protective gears such us crash helmets or head gears from Welcome Rotonda towards south
and west bound roads within the city territorial jurisdiction during the operation of the above
name vehicles.
2. Except Section 13 and 14 of Chapter VII of the Masbate City Traffic all operators and/or drivers
of motorized two-wheel vehicles shall be governed by the provisions on licensing, traffic
violations, penalties and all traffic rules and regulations as provided for in this Code.
Penalty - a fine of Three Hundred Pesos or impounding of the vehicle for one week or both
fines and impounding at the discretion of the court.
SECTION 1166. Commercial Usage of Tricycles, Trimobiles and Pedicabs. These are the tricycles,
trimobiles and pedicabs used commercially for Hire, Passengers and other Public Utilities.
1. All operations and usage of Tricycles, Trimobiles and Pedicabs for commercial purpose as for
Hire, Passengers and Freight and other requirements as provided for in the Masbate City
Ordinances enacted by the Sangguniang Panlungsod of Masbate, Masbate after the approval of
this Code.
2. All operations and usage of Tricycles, Trimobiles and Pedicabs used solely for Private and family
services shall likewise be governed by the provisions of this Code,
3. Nothing in this Code shall be referred to as differentiating the above-named vehicles from all
other motor vehicles previously mentioned in this Code. All fines, penalties and other licensing
regulations and traffic rules and regulations of vehicles under this Article are uniformly covered
and governed by the provisions specified in previous and preceding Section of this Code.
SECTION 1167. All tricycle operators shall also place the city tricycle operators permit number in
front of passenger seat.
Penalty - A fine of One Hundred Pesos for violation thereof.
SECTION 1168. Violations On “No Entry” And “No Parking. The following are hereby declared as
prohibited acts under this code:
1. All kinds of trucks, Cargo and Heavy equipment from entering Corpus Street coming from Quezon
Street in going downhill to Tara Street.
Penalty - a fine of Five Hundred pesos or imprisonment for One week or both fine and
imprisonment at the discretion of the court.
2. Any kind of vehicle from Parking at Cortidor Street.
Penalty - a fine of Five Hundred pesos or imprisonment for One week or both fine and
[[[

imprisonment at the discretion of the court.

3. All kinds of trucks, cargo and heavy equipment from entering Cortidor Street coming from Quezon
Street in going downhill to Zurbito Street.
Penalty - a fine of Five Hundred pesos or imprisonment for One week or both fine and
imprisonment at the discretion of the court.
4. Any kind of vehicle from parking at Corpuz Street.
Penalty - a fine of Five Hundred pesos or imprisonment for One week or both fine and
imprisonment at the discretion of the court.
5. All kinds of heavy equipment from passing or travelling along Zurbito Street, except from Port
Area to Shipping Office and Stockyard only.
Penalty - a fine of Five Hundred pesos or imprisonment for One week or both fine and
imprisonment at the discretion of the court.[

6. All kinds of vehicles to Park on either sides of Tara Street from corners Domingo and Market
Road No. 2 streets anytime of the day.

316
Penalty - a fine of Five Hundred pesos or imprisonment for One week or both
[ fine and
imprisonment at the discretion of the court.

SECTION 1169. All kinds of heavy equipment, trucks, cargo and freight, passenger busses, vans
[

and ten wheeler trucks, from entering Tara Street via Quezon junction going towards the public
market area; Except Tricycles, two-wheels motor bikes and bicycles:
Penalty - a fine of Five Hundred Pesos or one week suspension of driver’s license or both fine
and suspension at the discretion of the court.
SECTION 1170. Prohibitions on U-Turn. All kinds of motor vehicles are prohibited from making U-
Turn movement at the following streets and providing penalties for violation thereof:
1. Making a U-Turn at Tara Street from 6:00 A.M. to 7:00 P.M. except two-wheeled motor vehicles
Penalty - a fine of Three Hundred Pesos pesos or imprisonment for One week or both fine and
imprisonment at the discretion of the court.
2. All kinds of vehicles from making U-Turn at Quezon Street, between corners of Airport Road and
2

Rosero Street.
Penalty - a fine of Three Hundred Pesos or imprisonment for One week or both fine and
[[

imprisonment at the discretion of the court.

3. Unauthorized reversion or U-TURN at the following Streets and imposing fines and other penalties
for violations thereof:
a. Prohibited U-TURN from corner Airport Road and Crossing Tara to Welcome Rotonda in Quezon
Street from 6:00 A.M. to 7:00 P.M.
b. Prohibited U-TURN from Rosero Street to Rodeo Rotonda from 6:00 A.M. to 7:00 P.M.
c. Along Ibañez Street from 6:00 A.M. to 7:00 P.M.
d.From corners Domingo Street and Danao Street and Zurbito St. to Corner Danao Street Ext. Road
from 6:00 A.M. to 7:00 P.M.
4. Unauthorized left turn is prohibited at the following Streets and providing penalties and fines for
violations thereof:
a. From MNCHS and JZSES along Quezon Street to corner Airport Road from 6:00 A.M. to 7:00
P.M.
Penalty - a fine of Five Hundred Pesos or one week imprisonment or both fine and
imprisonment at the discretion of the court.
SECTION 1171. One Way Roads and Streets. Prohibiting the passing or entering the following
roads and streets and providing penalties for violation thereof:
1. From Tara Street to Domingo Street, six-wheelers or up and heavy equipment vehicles prohibited
from 6:00 A.M. to 7:00 P.M.
2. From Quezon through Danao extension going downhill to Zurbito Street anytime of the day and
night.
3. From Quezon Street via cortidor going downhill to Zurbito Street anytime of the day and night
except Tricycles and Motorcycles.
4. From corners Airport Road going to capitol for all types of heavy equipment and from six-wheelers
up prohibited from entering from 6:00 in the morning to 6:00 in the evening, EXCEPT on Saturdays
and legal holidays.
5. All heavy equipment vehicles, trucks, and buses with a gross weight of 4,501 kgs. or more are
prohibited and banned from entering into and passing through Airport and Quezon Streets during the
time of 5:30 – 8:00 A.M., 11:00 A.M.-2:00 P.M. and from 4:00-5:30 in the afternoon.
EXEMPTION: All government vehicles transporting construction materials to construction site within
the area and during the date of construction only, and other government vehicles on performing
official functions such as emergencies and calamities.
1st offense - a fine of Five Hundred pesos
2nd offense - a fine of One Thousand pesos
3rd offense - a fine of One Thousand Five Hundred pesos or imprisonment for One month or both
fines and imprisonment at the discretion of the court.
[[

N.b. Prohibited and banned vehicles shall be rerouted to Pecson Street, Brgy. Nursery during the
specified hours.
6. From corner BFD (Bureau of Forest Development) passing through MNCHS and DPWH
equipment Office one-way to exit at Almero Street and Ibingay from 6:00 A.M. to 7:00 P.M. except
during Saturdays and legal holidays.
7. From Bulwagan to Airport is prohibited for all kinds of heavy equipment’s, tricycles, passenger
cars, busses, vans and jeepneys at all times of the day.
8. The above-mentioned routes are designated as one-way traffic and penalties and fines are
provided for violation thereof:

317
Penalty - a fine of Five Hundred pesos or imprisonment for One week or both fine and
imprisonment at the discretion of the court.
SECTION 1172. Allowable Number Of Passengers For Tricycles. It shall be prohibited for tricycles to
carry more than four passengers to and from any point of destination within the city limits, except for
children below Ten years old and providing penalties for violation thereof:
Penalty - a fine of Two Hundred Fifty pesos or imprisonment for One week or both fine and
imprisonment at the discretion of the court.
SECTION 1173. The alley between Jose Zurbito Elementary School and the Old Civil Cemetery
shall only be passable for all Motorcycles and Tricycles from Quezon Street to Airport and the
Capitol Circumferential road and providing penalties for violations thereof:
Penalty - a fine of Five Hundred Pesos or imprisonment for One week or both fine and
imprisonment at the discretion of the court.
SECTION 1174. Loading and Unloading for passengers and cargoes: The following designated
areas are for Loading and Unloading of cargoes and passengers and providing penalties for
violations thereof.
1. For Public Utility vehicles, loading of passengers and cargoes shall be at the Masbate City
Passenger Terminal except, Tricycles.
2. For public utility vehicles unloading of cargoes and passengers shall be done only at the following
areas:
2a) From Mobo and other southern towns; PNP Kababayan Center No. 3 at Crossing, Quezon as;
Unloading Point No. 1
2b) From Milagros and other Western towns; James Carenderia, Crossing Kinamaligan as;
Unloading Point No. 2
2c) Pandoy Lim Copra Buyer, Quezon Street, as Unloading Point No. 3
2d) Development Bank at Quezon Corner Rosero Street as; Unloading Point No. 4
2e) Infront of St. Anthony Cathedral, Quezon as; Unloading Point No. 5
[ 2f) Corner Postal Road, Quezon Street as; Unloading Point No. 6
SECTION 1175. The following Roads and Streets are hereby designated as a No Parking Area:
[

1. From corner Rosero and Quezon Street to Km. 3 of Mobo and Masbate route;
2. From corner Rosero and Quezon Street to Km. 3 of Masbate and Malinta route;
3. Zurbito Street to Tara Street from 6:00 A.M. to 8:00 P.M.;
4. Corpuz Street at anytime of the day and night;
5. Danao extension at anytime of the day and night;
6. Port Road from 6:00 A.M. to 8:00 P.M.;
7. Cortidor Street at anytime of the day and night;
8. F. Magallanes St. at anytime of the day and night;
9. Airport Road from 7:00 A.M. to 7:00 P.M.
SECTION 1176. For violation of Sections 1174 and 1175, the following fines and penalties is hereby
provided for violations thereof:
Penalty - a fine of Five Hundred pesos or imprisonment for One week or both fine and
[

imprisonment at the discretion of the court.

SECTION 1177. There shall be pedestrian crossing lanes specifically designated for the purpose by
duly deputized authorities
Penalty – a fine of Twenty Pesos for every violation of jay walking rules.
SECTION 1178. Improper Loading Of Cargoes And Hazards. The following hazards and improper
[[

loading of cargo of any kind of materials shall constitute sufficient grounds for imprisonment or fines,
and other penalties.
1. Loading lumber, bamboo, steel bars, or other kinds that extends beyond the whole length of the
vehicle shall be tied or fastened with a bright colored piece of cloth at the farthest end of the object
for the next succeeding motorists to see visibly as a warning sign.
2. Cargoes that emit foul odors and other obnoxious smells should be encased in a protective crate
or box.
3. Cargoes that spills dusts and other poisonous particles should be covered with a canvass tent or
tarpaulin to avoid scattering on streets and other open spaces.
Penalty - a fine of Five Hundred pesos or imprisonment for one week or both fine and
[[

imprisonment at the discretion of the court.

4. Smoke Belching - All vehicles shall not be allowed to operate or travel when its engine
combustion emits large quantity of obnoxious smoke unpleasant and harmful to human beings.

318
Penalty - a fine of Five Hundred pesos or impounding of the vehicle at the repair shop for
engine repair at the expense of the vehicles owner.
5. Oil Dripping - All vehicles with engine oil dripping on pavement of asphalt or concrete shall not be
allowed to operate or travel to avoid causing the street to be slippery causing accident.
Penalty -
[ a fine of Five Hundred pesos or impounding of the vehicle at the repair shop for
engine repair at the expense of the vehicles owner.
SECTION 1179. Unauthorized Use Of Sirens, Blinkers And/Or Blaring Musical Instruments. It shall
be prohibited for all kinds of vehicles to install and/or use sirens, blinkers and other blaring musical
instruments causing more than twenty decibels (audible in 20 feet distance) in tone loudness.
1. It shall be prohibited for all kinds of vehicles to use sirens as horn other than its ordinary battery
operated horn.
2. It shall be prohibited for all kinds of vehicles to install and use blinkers as signal light other than its
usual left or right signals and parking lights.
3. It shall be prohibited for all kinds of vehicles to operate any kind of musical instruments within its
vehicle at full blast more than twenty decibels, that is audibly clear within twenty feet distance so as
to disturb other on-going motor vehicles.
EXEMPTION: Fire trucks, ambulances, Police Patrol Cars, Garbage Compactor and other
government vehicles transporting relief goods during calamities.
Penalty - a fine of Five Hundred pesos or imprisonment for One week or both fine and
imprisonment at the discretion of the court.
SECTION 1180. Penal Provisions on Subsequent Violations. Subsequent violation after the last
penalty of every section and sub-sections if there be any hereof shall constitute valid ground or
cause for the automatic revocation and/or cancellation of drivers license on the part of the driver and
registration and plate number of the vehicle on the part of the owner of the vehicle.
1. In case of conviction of the driver by the court, the driver's license shall be automatically revoked
and/or cancelled without prejudice to re-applying for a new driver's license after serving his penalty.
2. In case of conviction with proof beyond reasonable doubt, that the said motor vehicle was used in
the commission of a crime, the registration and plate number of said vehicle shall be automatically
cancelled and/or revoked.
2a. When the penalty involves suspension of the driver's license, at the start of the suspension
period, the Land Transportation Office shall require the erring driver to undertake a Driver's
Revalidation Test. In case the driver passes the test the LTO Officer shall order the Chief Traffic
Enforcers to lift the suspension order without prejudice to the payment of fines.
2b. In case of failure on the driver to pass the 4DRT, the LTO shall cause the final revocation of
the driver's license.
2c. There shall be a redemption center, which shall take charge of all confiscated drivers license at
the Office of the City Chief Traffic Enforcers where the driver could redeem his license.
2d. Fines and other monetary penalties shall be paid at the City Treasurer's Office, by presenting
the Citation Ticket or Traffic Violation Receipt issued by the apprehending Officer.
2e. The Chief Traffic Enforcers or any of its duly authorized representatives, shall submit to the
Land Transportation Office, a copy of daily record of violations and the corresponding violators'
name.
2f. Imposition of penalties provided for in this Code shall only be for violations committed within the
territorial jurisdiction of the City of Masbate.
2g. The Masbate City PNP Traffic Enforcement Command is authorized and empowered to
enforce this Code. All apprehension executed by Land Transportation Office shall be endorsed to
the Masbate City PNP Traffic Command for disposition and enforcement of the corresponding
penalties.
2h. The Masbate City Treasurer is hereby directed to furnish and supply all PNP Masbate City
Traffic Command Enforcers the necessary official receipts such as Citation Ticket (CT) and/or Traffic
Violation Receipt accountable forms.
Article II

REGULATING ALL KINDS OF PRIVATE AND PUBLIC VEHICLES TO INCLUDE TRICYCLE

AND MOTORCYCLES PASSING ALONG MASBATE BOULEVARD FRONTING MASBATE
PASS FROM 4:00 A.M TO 5:30 A.M. EVERY MORNING FROM MONDAY TO SUNDAY.
SECTION 1181. Regulated Acts.
Regulating the speed limit of all kinds of private & public vehicles, including tricycles and
motorcycles to enter from entrance of Masbate Boulevard facing Masbate Pass beginning at
Rendezvous Resort from Nursery Road and at Lumberio/Manlapaz Place coming from Ibingay

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Road. The regulated speed limit of not more than 20 km/hr. from 4:00 to 5:30 every morning daily
to give way to the Masbate City Joggers for health development and air pollution free destination.
SECTION 1182. Definition.
1. Regulating – controlling speed limit of not more than twenty km per hour refers to the controlled
limit in the area
2. Vehicles – Any kind of contrivance, on wheels or runners, used to carry people or goods from
one place to another over land.
3. Joggers – refers to runners and strollers
4. Air Pollution – A polluting or being polluted
SECTION 1183. Penalty.
Violation of this Ordinance shall be fined Fifty Pesos or by impounding of vehicle or as maybe
imposed by the authority.

Article III
ONE-DAY MAINTENANCE SCHEME OF TRICYCLE IN THE CITY OF MASBATE.
SECTION 1184. Rationale. To decongest the City Streets, reduce traffic related accidents and
promote operational efficiency of tricycle operation, there shall be a one-day maintenance scheme of
tricycle operations in the City of Masbate.

SECTION 1185. Definition of Terms:

a. Tricycle – a franchised and motorbike-driven vehicles with sidecar used for public conveyances.
b. Maintenance – a regular check-up of tricycles for the purpose of keeping its roadworthiness.
c. Scheme – a pre-planned means of tricycle operation.
d. Free Day – a designated day open to all tricycles to operate.
SECTION 1186. Scope of Application. This Ordinance is enforceable within the poblacion of the City
of Masbate. And for purposes of this ordinance, poblacion shall mean the area within the boundary
line at Tugbo, Masbate City; and the boundary line between Barangays Kinamaligan and
Maingaran.
SECTION 1187. Mode of Implementation. The One-Day Maintenance Scheme shall be enforced
from 6:00 p.m. daily except Saturdays and Sundays which are considered Free Days. The scheme
shall be observed in the following manner:
BODY NUMBER ENDING IN ASSIGNED MAINTENANCE DAY
1-2 Monday
3-4 Tuesday
5-6 Wednesday
7-8 Thursday
9-0 Friday
SECTION 1188. Penalty Clause. Violation of this scheme shall be meted with the following
penalties:
1st Offense – Two Hundred Fifty Pesos
2nd Offense – Five Hundred Pesos and appropriate seminar with the Land Transportation Office
3rd Offense – One Thousand Pesos or revocation of the franchise or both at the discretion of the
Court.

Article IV
ESTABLISHING GUIDELINES IN THE FRANCHISING AND OPERATIONS
OF PUBLIC UTILITY TRICYCLE
SECTION 1189. Definition of Terms.

a.) Tricycle Driver – a person capable of driving a tricycle with professional driver’s license issued
by the LTO.
b.) Fare – the authorized fee collected from tricycle passengers and/or cargoes transported or
carried.
c.) Certificate of Public Convenience – a special privilege or authority granted by the Sangguniang
Panlungsod to operate a Public Utility Tricycle.
d.) Colorum or illegal tricycle – is one which has an expired MTOP and/or CPC or one which has
yet to secure an MTOP and/or CPC and is being operated as transport service to the general
public.

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e.) Motorized Tricycle Operator’s Permit – is a document granting permit or license to operate
issued by the City Mayor to a person natural or juridical allowing him to operate a tricycle for
hire.
f.) Operator – is the franchise holder and legal owner of a tricycle or fleet of tricycles;
g.) Roadworthiness – the state of fitness of unit engaged in the business of carrying or transporting
passenger or goods or both within the City of Masbate, the certificate of which shall be issued
by the City Engineering Office.
h.) Route Measure Capacity – is the number of units of public utility tricycle or tricycle-for-hire
allowed to operate in the City of Masbate as set by the Sangguniang Panlungsod.
i.) Public Utility Tricycle – is a motorcycle with two - stroke or four-stroke engine fitted with a
single–wheel side car or motorcycle with two–wheel cab authorized to operate/render transport
service to the general public.
SECTION 1190. Tricycle Franchising Board – The Tricycle Franchising Board is hereby created to
compose of all the members of the Committee of the Whole of the Sangguniang Panlungsod duly
convened as such, as a policy making and regulatory body which shall have the following powers
and duties:
a.) Determine the number of tricycle for hire to operate within the limit of the City of Masbate;
b.) Determine, fix, prescribe, or periodically adjust Public Utility Tricycle fares as the need arises
subject to the three reading principles in legislation including the conduct of a public hearing;
c.) Fix, impose and periodically review and adjust but not oftener than once every three years,
reasonable fees and other charges in the regulation of Public Utility Tricycle;
d.) Establish and prescribe the conditions and qualifications of the service;
e.) Reviews applications for franchise and/or for change of unit filed by an applicant duly endorsed
by the LCE upon the recommendation of the Tricycle Development and Regulatory Section,
and as part of the review function, conduct inspection of the unit(s) being applied for and
thereafter deliberate and take legislative action;
f.) Deny the grant of franchise if found inadequate pursuant to the guidelines; accordingly
approves the application if found in order thru issuance of a Legislative Franchise or a
Certificate of Public Convenience; The CPC as provided for under this section may be revoked
by the Sangguniang Panlungsod upon the recommendation of the City Mayor for non-
compliance and/or non-fulfillment of any of the requirements; and terms and condition of the
MTOP/CPC thereof.
g.) All others functions as may be authorized by law.
SECTION 1191. Tricycle Development and Regulatory Section – A Tricycle Development
Regulatory Section is hereby created in the Office of the Mayor and shall accept and process the
applications for a new and/or renewal of MTOP and/or CPC of Public Utility Tricycle Operators and
registration of Private Tricycle. Specifically the office shall perform the following functions:
a.) Reproduce prescribed forms of application/renewal of CPC, TDRS Form No. 01 and MTOP,
TDRS Form No. 02;
b.) Compile and have on-hand for ready reference and assistance to the applicant, all
relevant LTO rules and regulations, as well as pertinent city ordinances;
c.) Receive and review application forms and the prescribed attachments for
correctness and completeness and record in a log book indicating the name and address of
the operator, motor engine number, registration date, franchise application number and
model;
d.) Notify all recognized tricycles organizations of application for franchise filed with
the TDRS;
e.) Accomplish the assessment sheet for the required fees imposed by ordinance;
f.) Assist the Sangguniang Panlungsod in verifying the veracity and validity of any or
all information and data contained in the application papers;
g.) Accomplish the evaluation sheet and forward the same with the corresponding
application papers to the Sangguniang Panlungsod thru the Mayor who shall, if found in order,
favorably endorses to the latter for legislative action;
h.) Issue stickers and/or the sidecar plates to the applicant after payment of the fees
and others charges;
i.) Issue Motorized Tricycle Operator’s Permit, TDRS Form No. 05, pursuant to a
Legislative Franchise and/or a Certificate of Public Convenience duly adapted and issued by
the Sangguniang Panlungsod;
j.) Keep records of all issued MTOPs including the plates, brand and model of
motorcycles used;
k.) Coordinate and recommend in aid of legislation to the Sangguniang Panlungsod
thru the Mayor, appropriate measures for an effective franchising.
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l.) Perform such other functions as the City Mayor may from time to time; direct the
TDRS in connection with the implementation of this ordinance; and
m.) The TDRS shall render an annual report of accomplishment to the City Mayor,
copy furnish the Sangguniang Panlungsod.
SECTION 1192. Registration and Franchising
I - Public Utility Tricycles:
a.) All prospective Operators of Public Utility Tricycles or the so-called Tricycle–for–Hire,
intending to operate within the territorial jurisdiction of the City of Masbate shall apply for the
issuance of CPC and/or MTOP with the Tricycle Development and Regulatory Section who
shall undertake initial evaluation of said application. If found in order, TDRS, shall
recommend to the City Mayor, who then endorses to the Sangguniang Panlungsod for the
issuance a Certificate of Public Convenience (CPC). Franchise of Public Utility Tricycle or the
CPC shall be valid for three years effective upon issuance. A Motorized Tricycle Operator’s
Permit (MTOP) shall be issued by the City Mayor and shall be valid only up to December 31
of the year it was issued and must be renewed every year not later than January 21 of the
following year. A tricycle shall be considered a Public Utility Tricycle only upon the issuance
of MTOP and CPC, otherwise it shall be considered a colorum or illegal tricycle unit, if
operated as transport service to the general public.
b.) All applicants for a tricycle franchise shall present the following documents:
(1) Proof of Filipino citizenship, such as birth certificate, naturalization papers or voter’s
identification card;
(2) Proof of residence in the City of Masbate for not less than one year prior to the filing
of application, such as an affidavit where the applicant is a resident, which shall
contain the applicant’s full name, exact address, age, citizenship and period of
residence;
(3) LTO registration and official receipt of the registration payment issued in the name of
the applicant. (Proof of ownership);
(4) Latest Income Tax return/Financial Statements;
(5) Certification from the City Prosecutor’s office of Masbate, that the applicant has not
been convicted for violation of any motor vehicle or traffic laws and/or City traffic
ordinance;
(6) Certificate of Roadworthiness of his / her unit, issued by the City Engineer having
substantially complied with Sections 8-11 hereof, TDRS Form No. 02;
(7) In case of a partnership, corporation and cooperative a copy of the article of
incorporation and/or articles of partnership as the case maybe, duly approved by
appropriate government agencies.

SECTION 1193. Transfer of Franchise – Transfer of franchise shall be allowed upon presentation of
the following:
a. Application for the issuance of CPC, TDRS Form No. 01 ;
b. Certificate of Roadworthiness, TDRS Form No. 03;
c. Affidavit/Petition for dropping executed by the transferor, TDRS Form No. 04;
d. Dropping Order, TDRS Form No. 05;
e. Original copy of Deed of Absolute Sale or Deed of Transfer.
SECTION 1194. Imposition of Fees
I – PUBLIC UTILITY TRICYCLE:
a.) Fees shall be collected for the operation of Public Utility Tricycle or
tricycle-for-hire as provided in Sec. 312 of the Revenue Code of the City of Masbate, viz:
(1) Application Fee P 24.50
(2) Motorized Tricycle Operator’s Permit (MTOP) fee 66.55 per unit
200.00 (2-5 units)
(3) Legalization Fee 133.10
(4) Franchise Certificate/CPC (each) 6.05
(5) Legal Research Fee 12.10
(6) Cost of Plate (2 plates, front & rear) 30.00/piece
(7) Dropping of unit / reversion from
MTOP to private 24.20
(8) Certificate of Roadworthiness 30.00
(9) Sticker (gum paper) indicating the
year of renewal / registration 36.00(two pieces)
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 (10) Transfer Fee 150.00
(11) CPC/Franchise fee 150.00 for 1 st 5 unit
for every unit in excess of 5 units 100.00 per unit
b.) Surcharge for late payment – Failure to pay the fees imposed in this article on time shall
subject the taxpayer to a surcharge of Twenty Five Percent (25%) of the fees due.
SECTION 1195. Color and Body Numbering – All Public Utility shall bear a plate number to be
attached and riveted in front, at the back and inside of the side car within the immediate view of the
passenger. Body number shall correspond to the actual number in the CPC/MTOP consisting of four
digits (From 0001- 3,000). The size of body plate number shall be at least six inches in width, three
and a half (3½) inches in height and number shall be in black in a yellow background.
SECTION 1196. Route Measure Capacity – Public Utility Tricycle or tricycle-for-hire in operation
within the city of Masbate shall be limited to three thousand units.
SECTION 1197. Operating Requirements – All operators of Public Utility Tricycles shall comply with
the following operating requirements:

a.) Equipage or physical requirement:

(1) No tricycle shall be issued a franchise unless the following applicable physical
requirements and equipage are complied with:
(aa) Clean windshield
(bb) Garbage receptacle
(cc) Functioning horn that does not emit exceptionally loud or startling
sounds;
(dd) Two signal lights, front and back for turning right or left and for
emergency purpose;
(ee) Taillight, including license plate light;
(ff) Top chain extending to the rear wheel;
(gg) White head light in front and red tail light with functioning stop light in the
rear, visible at least fifty meters from the front and rear of the tricycle and
functioning under all weather conditions, to be lighted fifteen minutes
before sunset and until fifteen minutes after sunrise;
(hh) Light installed inside the sidecar and kept lighted while plying the routes;
(ii) Anti – noise equipment or silencer;
(jj) Sticker containing the body number of the vehicle and placed prominently,
identifiable from a distance; and
(rr) Fully operating mufflers.
b.) Standard Measurements
1. The standard measurement of the sidecar passenger seat shall be not more than fifteen
inches in width and thirty-two inches in length.
2. The ceiling – height shall be no less than thirty-nine inches from the passenger seat to
the ceiling or roof.
3. The under chassis ground clearance shall not be less than 6 inches.
c.) Fare
1. Within the first three kilometers:
(aa) Regular passenger P 7.00
(bb) Elementary Student 3.00
(cc) High School / College Students PWDs
Senior Citizen 4.00
2. Outside the three kilometers distance;
(aa) Regular passenger, 8.00
(bb) Elementary Student 5.00
(cc) High School / College Student,
Senior Citizen, PWDs - 6.00
d.) Load Capacity Limit – No motorized tricycle shall be allowed to carry more passengers and
goods for which it is designed for this purpose, the maximum load limit shall be four
passengers.
SECTION 1198. Legal Forms
For purposes of this ordinance, the following legal forms are hereby prescribed:
1. Application for the issuance of CPC, TDRS Form No. 01;
2. Application for the issuance of MTOP, TDRS Form 02;
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 3. Certificate of Roadworthiness, TDRS Form No. 03;
4. Affidavit/Petition for Dropping of franchise, TDRS Form No. 04;
5. Dropping Order, TDRS Form No. 05, and
6. MTOP, TDRS Form No. 06.
SECTION 1199. Prohibited Acts.
A. It shall be unlawful for drivers of Public Utility Tricycles:
1. To carry more than its load capacity limit as provided for under Section 1197.d of this
ordinance; or in the case of non-motorized private tricycles more passengers/goods than
what the tricycle is designed for;
2. To collect more than the prescribed fare rate as provided for under Section 1197.c of this
ordinance or as may be duly prescribed later;
3. In the case of Public Utility Tricycle only, to refuse to convey passengers to their
destination within the designated route or area of operation;
4. To drive without appropriate driver’s license issued by the Land Transportation Office;
B. It shall be unlawful for owners and operators of Public Utility Tricycles and Private Tricycles:
1. To allow the operation of colorum or illegal units;
2. To allow driver to operate a Public Utility and Motorized Private Tricycle with records of
conviction for reckless imprudence;
3. For violation of the conditions for the issuance of a Motor Tricycle Operator’s Permit
and/or a Certificate of Public Convenience.
C. It shall be unlawful for traffic officer, law enforcer and person duly authorized to enforce
traffic laws to impound tricycle apprehended for traffic violation except when it is involved in
any traffic/vehicular accident, accident resulting to serious physical injuries or homicide, or it
is used in illicit/criminal activities or except when the apprehended tricycle is operating as a
colorum/illegal unit.
SECTION 1200. Enforcement.
a.) The City PNP, the Traffic Aides, Barangay Unified Forces (BUFs) and the members of
the TDRS are hereby deputized to effectively enforce this ordinance. All deputized
officers shall be issued a Deputization ID duly signed by the City Mayor and shall be
penned in his uniform just above his name plate while on duty;
b.) The local Chief Executive may from time to time, issue implementing rules and
regulations necessary for the effective implementation of the ordinance.
SECTION 1201. Penal Provision.
A. Public Utility Tricycle shall be punished as follows:
First Offense – Two Hundred Pesos fine;
Second Offense – Five Hundred Pesos fine;
Third/Succeeding Offense – One Thousand Pesos fine or imprisonment for a period not
exceeding six months or both fine and imprisonment at the discretion of the Court.
B. Operators/owners of Public Utility Tricycle shall be punished as follows:
1. For violation of Section 1199.B.1,
First Offense – Impounding of the subject unit and One Thousand Pesos fine;
Second Offense – Impounding of the subject unit and two Thousand Pesos fine;
Third/Succeeding Offense – Impounding of the subject unit and Three Thousand Pesos fine.
2. For violation of Section 1199.B.2-3,
First Offense – Five Hundred Pesos fine;
Second Offense – One Thousand Pesos fine;
Third Offense – Cancellation of MTOP and/or CPC after due notice and hearing.
C. For violation of Section 1199.C, traffic officers and law enforcer and persons duly authorized to
enforce traffic laws shall be punished as follows:
Fine of not less than Two Thousand Pesos but not more than Three Thousand Pesos or suffer
an imprisonment of six months or both upon the discretion of the Court.

SECTION 1202. Transitory Provision.

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a.) Tricycle operators who are already operating prior to or on the effectivity date of this
ordinance and whose units are duly issued a Motorized Tricycle Operator’s Permit shall be
issued a legislative franchise/Certificate of Public Convenience. For the purpose, the Tricycle
Development and Regulatory section shall submit, within thirty days upon approval hereof, a
list of Public Utility Tricycles duly issued MTOPs as of the effectivity of this Ordinance, certified
correct by the franchising officer, together with the required documents pursuant to this
ordinance, to the City Mayor who shall favorably endorse it to the Sangguniang Panlungsod
for legislative action. Accordingly, the Sanggunian shall review the same for
correctness/appropriateness and shall grant or deny Legislative Franchise/ Certificate of
Public Convenience. The Sanggunian may, at its option, conduct actual inspection of the units
being applied for.
b.) Application for franchise of all other Public Utility Tricycle Operators not falling under the
above paragraph shall be processed accordingly.

CHAPTER XIX
TOURISM AND CULTURE

Article I
CREATING THE MASBATE CITY COUNCIL FOR CULTURE AND THE ARTS
SECTION 1203. The following principles, as spelled out in the Republic Act No. 7356 creating the
National Commission for Culture and the Arts, are hereby adopted by this ordinance:

a) “Culture as a Human Right”. Culture is a manifestation f the freedom of belief and of expression
and is a human right to be accorded due respect and allowed to flourish.
b) “National Identity”. Culture reflects and shapes values, beliefs, aspirations, thereby defining a
people’s national identity. A Filipino national culture that mirrors and shapes Philippine
economic, social and political life shall be evolved, promoted and conserved.’
c) “Culture of the People. The Filipino national culture shall be (i) independent, free of political and
economic structure which inhibit cultural sovereignty; (ii) equitable, effectively creating and
distributing cultural opportunities and correcting the imbalance that has long prejudiced the poor
and other marginalized sectors who have the least opportunities for cultural development and
educational growth;(iii) dynamic, continuously developing in pace with scientific, technological,
social, economic and political changes both in national and international levels; (iv) progressive,
developing the vast potential of all Filipinos as responsible change agents of society; and (v)
humanistic, ensuring the freedom and creativity of the human spirit.
d) “Culture by the People”. The Filipino national culture shall be evolved in a climate of freedom
and responsibility.
e.) “Culture for the People”. The creation of artistic and cultural products shall be promoted and
disseminated to the greatest number of out people. The level of consciousness of our people
about our own culture and to instill nationhood andcultural unity, shall be raised formally through
the educational system and informally through extra-scholastic means, including the use of
traditional as well as modern media of communication.
f.) “Preservation of the Filipino Heritage”. It is the duty of every citizen to preserve and conserve
the Filipino historical and cultural heritage and resources. The retrieval and conservation of
articrafts of Filipino Culture and History shall be vigorously pursued”.

SECTION 1204. The Council. Envisioned to be the local counterpart of the National Commission
for Culture and the Arts, the Masbate City Council for Culture and the Arts is hereby created to
formulate policies for the development of culture and the Arts at the City level;’ implement these
policies in coordination with the National Commission for Culture and the Arts as well as
Affiliated cultural entities both from the private and public sectors; “encourage artistic creation within
a climate of artistic freedom; develop and promote the Filipino national culture and arts; and
preserve Filipino cultural heritage.” The council shall be under the Office of the City Mayor and shall
render an annual accomplishment report to the City Mayor.
SECTION 1205. The Council shall be composed of the following members:
a. Chairman, SP Committee on Culture and Heritage
b. Chairman, SP Committee on Human Rights
c. Chairman, SP Committee on Barangay Affairs
d. Chairman, SP Committee on Tourism’
e. The Superintendent, Division of City Schools

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 f.
Six Persons from the private sectors who shall be appointed by the City Mayor, to
represent the following:
 Performing Arts
 Literature & History
 Visual Arts
 Research
 Celebrations & Commemorations
 Preservation & Restoration of Cultural Heritage
The members shall elect from among themselves the Chairman of the Council.
SECTION 1206. Terms of Office. The Sangguniang members shall serve up to the end of their
current term as councilors. Private sector representatives shall be co-terminus with
the appointing City Mayor.
SECTION 1207. Mandate. The Council is hereby mandated to conceptualize, craft and implement
plans, policies, programs and projects in conformity with the principles spelled out in
Section 1204.
SECTION 1208. Powers and Functions. In order to pursue its mandate, the council will have the
following powers and functions:
a) Set-up a city-wide network of barangay councils for culture and the arts to ensure optimum
people-based participation.
b) Organize a Secretariat for the Council’s day-to-day operations
c) Network-with international, national and local cultural and artistic groups/agencies.
d) Link up with government and non-government agencies for assistance.
e) Advise the City Mayor on all matters pertaining to culture and the arts.
f) Accept donations from both the public and private sectors.
g) Mount fund-raising projects.
h) Craft the implementing rules and regulations of this ordinance.
i) Formulate the annual budget of the Council and submit it to the City Mayor for inclusion in
the annual city budget.
j) Perform other functions which may be necessary for the preservation/conservation of
national cultural heritage/properties.
SECTION 1209. Operational Budget. During its first year of operation, the Council will draw its
budget from Economic Development Fund of the City Mayor. In the Council
operations will be included in the annual city budget.

Article II

ORDINANCE DECLARING “PENELOPEDIS PANINI” OR TARICTIC HORNBILL AN

ENDANGERED SPECIE AS THE OFFICIAL BANNER OF THE CITY
SECTION 1210. It is hereby declared that the “Penelopedis Panini” or Ticao Tarictic found only in
Masbate as the official banner bird of the City in the pursuit of its Tourism Industry
Program.
SECTION 1211. Every Pabalon Center and schools (private/ public) including Barangay Centers
shall be provided with pictures and information about the bird to showcase its importance
and significance as part of our cultural pride.
SECTION 1212. Creation of the City Tourism Council is a must to provide necessary information
through lectures, seminars, forums and other information dissemination activities about
the culture, season habit and other related matters for the promotion, protection,
preservation and reproduction of the specie.
SECTION 1213. The City Mayor shall, by Executive Order provide for the creation of the council, its
powers, functions and related matters for its efficient and effective performance.

CHAPTER XX

EDUCATION
ARTICLE I

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 REQUIRING ALL PUBLIC AND PRIVATE SCHOOLS OPERATING IN THE CITY OF
MASBATE TO PROHIBIT ITS STUDENTS FROM USING CELLPHONES, TWO-WAY
RADIOS AND OTHER SIMILAR COMMUNICATION DEVICES INSIDE THEIR
CLASSROOMS PURSUANT TO DECS ORDER NO. 70.
SECTION 1214. It is hereby prohibited for all students in both public and private schools operating in
the City of Masbate, from using Cellular Phone units, two-way radios and other similar
communication devices inside the classroom pursuant to Department of Education Culture and
Sports Order No. 70.
SECTION 1215. All students violating this Ordinance shall be penalized as follows:
1st Offense – Reprimand the students and inform the parents about the violation.
2ndOffense – Confiscating the cellphones, two-way radios and other similar
communication devices and only the parents can claim the confiscated
item.
3rd Offense – One day suspension.
ARTIKULO II
NAGTATALAGA NA PANUNTUNAN NG DISIPLINA PARA SA MGA MAG-AARAL SA PRIBADO
AT PAMPUBLIKONG PAARALAN SA LUNGSOD NG MASBATE
SEKSYON 1216. Mga Pag-Uugali at Wastong Pakikitungo ng mga Mag-Aaral sa loob ng Paaralan.
1. Ang bawat mag-aaral ay inaasahang pumasok ng maaga sa paaralan.
2. Inaasahan ang buong partisipasyon ng lahat ng mag-aaral sa pagtaas ng watawat
3. tuwing umaga simula Lunes hanggang Biyernes bilang unang gawain sa araw.
4. Inaasahan ang tahimik na pagbalik at pagpasok ng mga mag-aaral sa kanilang silid-
5. aralan pagkatapos ng pagtaas ng watawat.
6. Kailangan ang pagpapanatili ng kaayusan, kalinisan at katahimikan sa loob ng
7. kampus lalo na sa mga daanan at hagdan. Manatili sa gawing kanan sa paglakad o
pagdaan.
8. May permanenteng lugar o upuan ang bawat mag-aaral sa kanilang silid-aralan
9. maliban kung ito ay ililipat ng guro sa isang kadahilanan.
10. Kailangang dalhin ng bawat mag-aaral ang kinakailangang aklat at kagamitan sa
11. klase.
12. Kinakailangang humingi ng pahintulot ang mag-aaral sa kanyang guro kung siya ay
13. lalabas ng silid-aralan.
14. Ipinagbabawal ang kumain sa labas ng asignaturang kainan. Sila ay pinahihintulutan
15. na kumain sa loob ngkantina o asignaturang kainan lamang ng campus.
16. Inaasahan ang wastong pag-uugali o kilos ng bawat mag-aaral sa loob ng kantina,
17. silid-aklatan atbp.
18. Inaasahan ang paglinis ng mga mag-aaral sa kanilang mga silid-aralan bago
19. magsimula ang klase sa umaga at pagkatapos ng klase sa hapon bago sila umuwi.
SEKSYON 1217. Pangangalaga ng Silid-Aralan at iba pang Pasilidad ng Paaralan.
1. Responsibilidad ng bawat mag-aaral na panatilihing maayos, maganda, malinis at
kaaya-aya ang kanilang silid-aralan.
2. Responsibilidad ng bawat mag-aaral ang pangangalaga ng kani-kanilang upuan.
3. Kailangang ipagbigay alam sa kanilang guro ang anumang pagsira katulad ng pagsusulat o
pag-uukit sa mga upuan sa sinumang mahuli na gumagawa nito.
4. Ang mga maling gawaing nabanggit sa itaas ay itinuturing na mabigat na kasalanan na
nangangailangan ng karapatang aksyon.
SEKSYON 1218. Pagiging Matapat sa iyong Gawain.

1. Ang katapatan at integridad ay dalawang mahalagang katangian na dapat pahalagahan ng

paaralan sa bawat mag-aaral.
2. Ang pandaraya ay itinuturing na paglabag sa panuntunanat nangangailangan ng karapatang
parusa katulad ng mga sumusunod; pagkakaroon o paggamit ng kodigo; pangongopya ng
sagot sa kaklase; pagpapahintulot na kopyahan ng kaklase; pagbibigay ng senyas na
nanghihingi ng saagot sa kaklase; pangongopya ng mga nalathalang artikulo o anumang uri
ng babasahin at iba pang gawaing pandaraya.
3. Responsibilidad ng bawat estudyante ang lahat nilang kagamitan. Inaasahan ding hindi
kumukuha o nagnakaw ang bawat estudyante ng hindi sa kanila. Ang pagnanakaw
karampatang parusa.
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SEKSYON 1219. Paggalang sa mga Namumuno o Opisyal ng Paaralan at Pagsunod sa
Regulasyon

1. Itinuturing na paglabag sa regulasyon ang sinumang estudyanteng walang paggalang o

respeto sa lahat ng guro at opisyal ng paaralan katulad ng pambabastos at hindi
pagsunod sa mga ito.
SEKSYON 1220. Pagrespeto sa Ibang Mag-Aaral
1. Ang pagsasaalang-alang ng karapatan ng kapwa mag-aaral sa pamamagitan ng
pagrespeto at pag-unawa ay dapat na maging panuntunan sa pagpapakatao ng bawat
mag-aaral. Ang pakikipag-away o pananakit sa kapwa at pagpapasimuno ng away ay
pagkawalang respeto ng bawat isa. Itinuturing din na ang pagbubuyo at panunukso na
maaring maging dahilan ng gulo o away at hindi pagkakaunawaan ay isang paglabag sa
kautusan.
SEKSYON 1221. Kahusayan at Pagkatuto ng Pag-Aaral
1. Hangarin at tungkulin ng bawat guro ang pagkatuto ng bawat mag-aaral sa lahat ng
asignaturang itinuturo. Tungkulin ng guro at magulang na maglaanat ipatupad ang
“study period” para sa mga mag-aaral sa paaralan at sa bahay.
SEKSYON 1222. Karapatang Parusa. Ang mga karapatang parusa ay ipinapataw sa sinumang
mag-aaral upang ituwid ang kanilang pagkakamali at upang magsilbing paalala sa kanila. Kaugnay
nito, maaaring pahintulutan ng paaralan na gumawa ng makabuluhan at kapakipakinabang na
gawain katulad ng pagtulong sa paglilinis ng paaralan o pagtulong sa opisina at silid-aklatan o
pagtulong sa mga gagawin kung may programa at mga aktibidad sa paaralan sa sinumang
nagkasala bilang parusa.

Ang mga kaparusahan ay mga sumusunod:

1. .BABALA:
Sa unang pagkakataon, bibigyan ng babala ang mag-aaral sa pamamagitan ng
pagpapatawag sa kanya sa guidance office at ipagbibigay-alam at ipatatawag ng
guidance counselor ang mga magulang upang ipaalam ang pangyayari.

2. SUSPENSYON:
Ang pagsuspendi sa mag-aaral ng ilang takdang araw ay kaparusahang maaaring
ipataw sa nagkasalang mag-aaral.

3. PAGTANGGAL O PAG-ALIS NG PANGALAN SA TALAAN NG MGA ESTUDYANTE NG

PAARALAN:
Ang pagtanggal ng pangalan ng estudyante sa record ng paaralan ay pinahihintulutan
ding kaparusahan para sa mga nagkasala. Ang estudyante ay bibigyan ng “transfer
credentials” (Honorable Transfer).

4. PAGPAPATALSIK SA PAARALAN
Ang pagpapatalsik ng estudyante sa paaralan (dismissal) ay itinuturing na mabigat na
parusa para sa estudyanteng may matinding kasalanan. Maaring pahintulutan din
ang pagrekomenda na huwag nang tanggapin sa iba pang paaralang pampubliko at
pribado sa buong Pilipinas na nangangailangan lamang ng pag-aproba ng kalihim ng
Kagawaran ng Edukasyon.

A. MGA PAGLABAG AT ANG MGA KARAMPATANG PARUSA

1. ITINUTURING NA MAGAANG PAGKAKASALA
1.1 Panggugulo sa klase, pagpupulong, atbp.
1.2 Pangungutya o panunukso
1.3 Hindi pagsunod sa itinakdang ayos nang gupit ng buhok
1.4 Sinadyang pagsira ng gamit ng paaralan (ito ay babayaran ng estudyante).
1.5 Hindi pagsuot ng uniporme at I.D.
1.6 Hindi pag-sumite o pagdala ng liham paumanhin na nagpapaliwanag ng pagliban sa
klase.
1.7 Hindi pagsumite o pagsauli ng kard sa guro at iba pang record sa itinakdang oras.
1.8 Hindi pagsunod sa mga regulasyon ng sa silid-aklatan
1.9 Pagtapon o pagkalat ng basura.
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 2.0 Hindi paglinis ng silid-aralan sa araw na itinakda ng guro.

MGA KARAMPATANG PARUSA PARA SA MAGAGAANG PAGKAKASALA

a. Kapag napatunayan nagkasala ang estudyante, kailangan dalhin ito sa Guidance Office at
pangaralan ng guro at Guidance Counselor. Kailangang ipagbigay-alam ito sa magulang ng
estudyante.
b. Kailangang magkaroon ng talaan o record ang guro at Guidance counselor sa lahat ng
mga pagkakasala ng estudyante.
c. Ang ikatlong beses ng pagkakasala ng estudyante ay itinuturing na unang seryosong
paglabag na nangangailangan na ng babala.
d. Ang ika-limang beses na pagkakasala ay papatawan ng parusang pagtanggal ng pangalan
ng estudyante sa listahan ng mag-aaral.

2. SERYOSONG PAGLABAG
2.1 Pagbitiw ng malalaswang pananalita at masagwang kilos sa paaralan
2.2 Hindi pagpasok sa ibang klase(cutting classes)
2.3 Pakikipag-away o pananakit o pamemerswisyo sa kapwa mag-aaral.
2.4 Pagsusulat sa pader at iba pang gamit o pasilidad ng paaralan (Pagbabayaran ng
estudyante ang anumang napinsala niya maliban sa karampatang parusa)
2.5 Pagpapalsipika ng anumang dokumento
2.6 Paglabas sa kampus ng walang pahintulot
2.7 Paninigarilyo
2.8 Pangongopya at iba pang uri ng pandaraya
2.9 Paglaspastangan o hindi pagrespeto sa mga guro at opisyal ng paaralan
2.10.Pagsusugal
2.11. Anumang uri ng gawain na magbibigay kahihiyan sa estudyante, sa kanyang
pamilya at sa paaralan.

MGA KARAMPATANG PARUSA PARA SA SERYOSONG PAGLABAG

a. Kapag napatunayang nagkasala ng seryosong paglabag, sa unang pagkakataon ay
masususpinde ang estudyante ng isa hanggang dalawang araw depende sa bigat o tindi
ng kasalanan. Ito ay ilalagay o isusulat sa kard ng estudyante.
b. Kapag napatunayang nagkasala ng seryosong paglabag sa ikalawang pagkakataon,
ang estudyante ay masususpendi ng dalawa hanggang tatlong araw at babalaan na sa
ikatalong pagkakataon ay mangangahulugan ng pagtanggal ng kanyang pangalan sa
rekord ng paaralan at maaring hindi na siya tanggapin sa susunod na pasukan. Ito ay
ilalagay o isusulat sa kard ng estudyante.
c. Depende sa bigat ng paglabag, ang isang estudyante, matapos ang imbestigasyon,
na mapatunayan nagkasala ng seryosong paglabag sa pangatlong pagkakataon ay
maaring tanggalin ang kanyang pangalan sa record ng paaralan at hindi na siya
maaring tanggapin sa susunod na pasukan. At ito ay maiuulat sa kard.
3. MATINDING PAGLABAG
3.1 Paggaamit o pagkakaroon at pagdadala ng ipinagbabawal na gamot
3.2 Pagdala at pag-inom ng anumang uri ng inuming nakakalasing.
3.3 Pagdala ng malaswang babasahin
3.4 Pagdala ng nakamamatay na sandata or armas
3.5 Paglapastangan o pambabastos sa mga awtotidad at opisyal ng paaralan
3.6 Panunuhol sa mga tauhan o opisyal ng paaralan
3.7 Pagsali sa mga samahan o fraternity na hindi pinahihintulutan o pinapayagan ng
paaralan
3.8 Imoralidad o malalaswang gawain
3.9 Pagsira ng school seal
3.10 Pagnakaw o pagkuha ng anumang bagay na hindi kanya kahit sa loob at labas ng
paaralan.
MGA KARAMPATANG PARUSA PARA S A MATINDING PAGLABAG
Matapos ang imbestigasyon at napatunayang nagkasala ng matinding paglabag,
patatalsikin ang estudyante sa paaralan at maaring irekomenda na hindi na tanggapin sa
ibang paaralan.
ANG KOMITE NG PAGDIDISIPLINA

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 Ang komite ng pagdidisiplina ang siyang mag-iimbistiga at magre-resolba ng lahat ng uri
ng kaso ng estudyante maging ito ay magaan o seryosong kasalanan. Ang komiteng ito
ay binubuo ng mga sumusunod
1. Prinsipal
2. Pangalawang Prinsipal (Assistant Principal)
3. Gurong Tagapagpatnubay (Guidance Counselor)
4. Guro o Tagapayo
5. Pangulo ng Student Council
MGA RESOLUSYON PARA SA MGA KASONG SERYOSO AT MATINDING PAGLABAG
1. Ipapaalam ng gurong tagapayo sa paraang berbal o pagpapadala ng sulat sa Guidance
Counselor ang pangyayari na maaaring sangkot ang kanyang estudyante.
2. Mag-imbistiga ang Guidance counselor sa nasabing pangyayari at kapag napatunayang
walang basehan ang report laban sa estudyante, ang imbestigasyon ay ititigil.
3. Kung napatunayang may basehan ang report, ipapatawag sa pamamagitan ng sulat ang
magulang ng estudyante sa Guidance Office o Tanggapang Tagapagpatnubay.
4. Sasagotin ng estudyante sa tulong ng kanyang magulang o tagapagkalinga ng pormal
na sulat ang reklamo laban sa kany sa loob ng limang araw mula sa pagkakatanggap ng
reklamo mula sa paaralan.
5. Mapupulong ang komite upang tugunan o desisyunan ang nararapat na parusa para sa
nagkasalang estudyante..
6. Kung sakaling mabigat na parusa ang nararapat na ipataw, ito ay ipaparating o
isusumite sa District Supervisor ng paaralan upang muling suriin.
7. Ipagbibigay alam sa estudyante at mga magulang o tagapagkalinga ang naging hatol o
napagdesisyunan ng kometi sa pamamagitan ng pormal na sulat.
8. Kapag napagdesisyunan ng kometi na siya’y masususpindi ng ilang araw, kailangang
sundin ng estudyante ang proseso nito. Siya ay magrereport sa tanggapan
tagapagpatnubay para sa Counseling habang siya ay suspindido pa.
9. Nangangailangan ng katibayan ng tagapamahala kung ang parusa ay paglilipat
(honorable transfer) o pagpapatalsik (dismissal).

CHAPTER XXI
SEPARABILITY CLAUSE

If any part or provision of this Code shall be held unconstitutional or invalid, other parts or provisions
thereof which are not affected thereby shall continue to be in full force and effect.

CHAPTER XXII
EFFECTIVITY CLAUSE

This Code shall take effect upon approval.

Enacted: April 20, 2010

x-------------------------------------------------------------------------------------------------------------------------------x
We hereby certify to the correctness of the foregoing ordinance which was duly enacted by
the Sangguniang Panlungsod during its regular session on April 20, 2010.

OSCAR A. ESPENILLA
Secretary to the Sangguniang Panlungsod

RUBY M. SANCHEZ ALBERTO R. ABAYON

City Councilor City Councilor

JOSE RODOLFO B. CORTES, III LUCIO J. AGUILAR, JR.

City Councilor City Councilor

330
JOVEN N. AGUILAR JESUS E. DELA ROSA
City Councilor City Councilor

DENNIS S. PLACER RUDY O. YANEZA, JR.

City Councilor City Councilor

MARIO R. ESPINOSA JONA A. REY

City Councilor City Councilor

ALEX D. SAN PABLO ROGER G. DUGAN III

Ex-Oficio/Liga President Ex-Oficio/SK Fed. Vice-President

Attested and Certified

to be duly adopted:

ALLAN B. COS
City Vice Mayor/Presiding Officer

Approved:

SOCRATES M. TUASON
City Mayor

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