CHAPTER 8.

ECONOMIC ENTERPRISE

ARTICLE A. CEMETERY OPERATION

Section 8A.1 Definition of Terms. For purposes of this Local Revenue Code, the
following words, phrases, names and terms shall be construed to mean.
a. Apartment Type Niches. The concrete niches intended to accommodate
cadavers inside coffins or other containers which will be constructed along the
perimeter lines of the cemetery and serves as cemetery perimeter fence.
b. Bone Niches. Small niches to accommodate transferred small boxes containing
human skeletal remains of cadavers having been dead for more than 5 years.
c. Caretaker. Personnel of Economic Enterprise Office assigned to take charge of
the day to day operation of the cemetery.
d. Municipal Cemetery. A publicly-owned cemetery provided with systematic
supervision and maintenance.
e. Memorial Park. A Municipal Cemetery subdivided into lots of different sizes for
lease and sale to the public.
f. Memorial Ground. A portion of the Municipal Cemetery lot intended for ground
burial for lease to the general public for a period of five (5) years only.
g. Burial Permit. A permit issued by the Local Government Unit through the
Municipal Economic Enterprise Office after a Death Certificate has been issued
by the Local Civil Registrar. For record purposes, all cemeteries private and
public are required to secure burial permit.
h. Cemetery Permit. A written instrument issued by the Municipal Economic
Enterprise Office after having been paid the contract of lease for apartment type
niches, purchase of perpetual bone niche and cemetery lawn lots.
i. Residents. Cadavers of persons who are actually residing in Hinatuan, Surigao
del Sur by having a house therein where he/she is living or renting one and has
resided therein for at least six (6) months before his/her death, as verified by the
Municipal Economic Enterprise Office.
j. Non-Residents. Cadavers of persons who are not qualified in the preceding
provision. Non-residents are not permitted burial unless authorized by the Local
Chief Executive and only upon payments of the necessary fees.
k. Common Bone Depository. A depository area for all unclaimed exhumed human
skeletal remains.
Section 8A.2 Imposition of Fees. Leases for apartment type niches and ground
burials for five (5) years, and sales of different cemetery lawn lots.

8A.2.a Apartment Type Niches

PARTICULARS EXISTING PROPOSED
8A.2.a1. Residents ₱ 3, 500.00 ₱ 3, 500.00

8A.2.a2. Non-Residents ₱ 3, 500.00 ₱ 3, 500.00

8A.2.a3. Niches for Children ₱ 3, 500.00 ₱ 3, 500.00

8A.2.b Ground Burials

PARTICULARS EXISTING PROPOSED
8A.2.b1. Residents ₱ 3, 500.00 ₱ 3, 500.00
8A.2.b2. Non-Residents ₱ 3, 500.00 ₱ 3, 500.00
8A.2.b3. Niches for Children ₱ 3, 500.00 ₱ 3,
500.00

8A.2.c Cemetery Lawn Lots

8A.2.c1. Single Lawn Lots

PARTICULARS EXISTING PROPOSED

8A.2.c1.1 Residents ₱ 3, 500.00 ₱ 3, 500.00

8A.2.c1.2 Non-Residents ₱ 3, 500.00 ₱ 3, 500.00

8A.2.c2. Double Lawn Lots

PARTICULARS EXISTING PROPOSED

8A.2.c2.1 Residents ₱ 3, 500.00 ₱ 3, 500.00

8A.2.c2.2 Non-Residents ₱ 3, 500.00 ₱ 3, 500.00

8A.2.c3. Family Lawn Lots

PARTICULARS EXISTING PROPOSED

8A.2.c3.1 Residents ₱ 3, 500.00 ₱ 3, 500.00

8A.2.c3.2 Non-Residents ₱ 3, 500.00 ₱ 3, 500.00
 8A.2.d Perpetual Bone Niches

PARTICULARS EXISTING PROPOSED

8A.2.d3.1 Residents ₱ 3, 500.00 ₱ 3, 500.00

8A.2.d3.2 Non-Residents ₱ 3, 500.00 ₱ 3, 500.00

Section 8A.3 Burial Permit and Other Fees. The burial permit fees and other fees
enumerated therein shall be paid at the Municipal Economic Enterprise Office as
follows:
PARTICULARS EXISTING PROPOSED

8A.3.a Burial Permit Fee ₱ 3, 500.00 ₱ 3, 500.00

8A.3.b Certification Fee ₱ 3, 500.00 ₱ 3, 500.00
8A.3.c Transfer of Cadaver ₱ 3, 500.00 ₱ 3, 500.00
8A.3.d Renewal Fee of Lease of Niche Contract (5-year extension)

PARTICULARS EXISTING PROPOSED

8A.3.d1. Residents ₱ 3, 500.00 ₱ 3, 500.00

8A.3.d2. Non-Residents ₱ 3, 500.00 ₱ 3, 500.00
8A.3.d3. Niches for Children ₱ 3, 500.00 ₱ 3, 500.00

8A.3.e Exhumation of Human Skeletal Remains

PARTICULARS EXISTING PROPOSED

8A.3.e1 Transfer to Bone Niche ₱ 3, 500.00 ₱ 3, 500.00
8A.3.e2 Forensic Examination ₱ 3, 500.00 ₱ 3, 500.00

PARTICULARS EXISTING PROPOSED

8A.3.f Annual Maintenance Fee ₱ 3, 500.00 ₱ 3, 500.00
8A.3.f1. Lawn Lots ₱ 3, 500.00 ₱ 3, 500.00
8A.3.f2. Bone Niche (Perpetual) ₱ 3, 500.00 ₱ 3, 500.00

8A.3.d Excavation Permit ₱ 3, 500.00 ₱ 3, 500.00

Non-residents shall not be permitted burial unless authorized by the Local Chief
Executive and only upon payment of the necessary fees.
Section 8A.4. Time of Payment.
The fee shall be paid to the Municipal Economic Enterprise Office upon
application for a burial permit prior to the construction thereon of any structure whether
permanent or temporary, or to the internment of the deceased.

Purchase of different lots shall be installment bases with a down payment upon
the signing of the sale, payment of the balance of the purchase shall be within two (2)
years, provided, that if the lot shall be used before and/or within the two (2) years period
the whole balance shall be paid in full before the burial.

Section 8A.5. Administrative Provisions.

8A.5a. As used in this article, Municipal Cemetery shall refer to the lot owned by
this municipality located at Sitio Baribe of Barangay Bitoon.

8A.5b. Except in cases allowed under existing law and regulations, no person
may be buried or interred, permanently or temporarily, other than in properly
designated cemeteries or burial grounds.

8A.5c. In addition to the burial permit, a certificate of death issued by the

attending physician or Municipal Health Officer, or, if no medical officer is
available, by the Municipal Mayor, Municipal Administrator, or any member of the
Sangguniang Bayan shall be require.

8A.5d. Any construction of whatever kind of nature in the public cemetery

whether for temporary or perpetual use, shall only be allowed after the approval
of a permit issued by the Municipal Mayor, upon recommendation of the
Municipal Economic Enterprise Administrator.

8A.5e. The lease period of Apartment Type Niches (both regular and children)
shall be five (5) years. In case, cadaver of a buried person has not completely
decomposed upon exhumation, the lessee shall renew the lease of contract for
another five-year extension 15 days before the expiry date of the lease and shall
pay the corresponding fees therefore.

8A.5f. No interment allowed without manifesting proof of payments (e.g. Official

Receipts) and permits (Contract of Lease and Contract of Sale) issued by the
Administrative Officer II of Municipal Economic Enterprise Office.
8A.5e. There shall hereby be imposed an annual maintenance fee amounting to
₱ 100.00 for lawn lots and ₱ 50.00 for perpetual bone niches.

8A.5f. Non-payment of Renewal Fee before or on its expiration date shall subject
the human skeletal remains or bones for transfer into the common bone
depository.

8A.5g. Cost of materials and labor for the construction of tombs in cemetery in
single, double and family lawn lots shall be shouldered by the purchaser.

8A.5k. For purposes of health and sanitation, all interments at the Hinatuan
Memorial Park shall undergo disinfection process which shall be conducted by
the Municipal Health Officer or his/her authorized representative.

8A.5l. The Municipal Health Officer has the sole authority to approve exhumation
of skeletal remains for transfer to bone niches or cadavers for forensic
examination purposes and all concerned must adhere to the provisions.

8A.5m. All unclaimed exhumed human skeletal remains will be automatically

transferred in the Common Bone Depository. Bones deposited therein shall
remain perpetually in that place and shall not be brought back outside unless
otherwise claimed by concerned parties after showing proof of payment and
permits duly issued by the Municipal Economic Enterprise Office.

8A.5n. It shall be the duty of the Municipal Economic Enterprise Administrator to

prepare and submit the list of the leases that are about to expire five (5) years
prior to the expiration date. The MEEA shall send a reminder to the lessee of the
expiration of his lease two (2) weeks prior to its expiration date.

8A.5o. The Municipal Economic Enterprise Office shall keep a register of leases
for Apartment Type Niches and Ground Burials, and sales of cemetery lots.

8A.5p. The construction of niches (e.g. regular niches, niches for children and
bone niches) must in a form of a row

8A.5q. All cadaver places in regular niches, niches for children and bone niches
must be labeled in according to their Family Name.

8A.5r. This provision is applicable only to existing Cemetery Code of Municipality

of Hinatuan and not to be an instrument for the inclusion of selling lots to newly
acquired cemetery land.
 The Municipal Cemetery is divided into two areas which are utilized as follows:

A. The Northern portion is utilized for Memorial Ground Burials which are
equally divided into ground burial lots with measurement of 1.0 meter
by 2.50 meter (1.0 m. x. 2.50 m.) with .50 meter passages.
B. The Southern Portion is subdivided into different sizes and assigned as
Single Lot, Double Lot and Family Lot with measurement as follows:

B.1 Single Lot - 2.0 m. x 2.40 m.

B.2 Double Lot - 3.5 m. x 2.75 m.
B.3 Family Lot - 3.0 m. x 4.80 m.

Apartment Type Niches for burial of dead persons in a coffin and other kinds of
containers are constructed along the boundary as cemetery fence.

Bone Niches are constructed for perpetual keeping of the human skeletal
remains after the period of five years from the time of burial with another five year
extension in case cadaver of buried person has not completely decomposed.
Measurements of aforesaid niches are as follows:

Apartment Type Niches (regular) - 0.70 m. x 0.75 m. x 2.50 m.

Apartment Type Niches (children) - 0.60 m. x 0.70 m. x 1.50 m.
Bone Niche (perpetual) - 0.40 m. x 0.40 m. x 0.80 m.

There shall be an Administrator who shall be responsible in all the activities in the
cemetery like the granting leases of apartment type niches and ground burials to
interested parties and the sale of perpetual bone niche and different sizes of lawn lots.

A cemetery caretaker appointed by the Economic Enterprise Administrator is in

charged in the implementation and maintenance of the cemetery.

8A.6a. The Memorial Ground Burial. The Memorial ground shall be subdivided
into 1 meter by 2.4 meters marked by a concrete cross 3 to 4 feet high. Every lot may
be leased to interested party for a period of five (5) years without renewal. After five (5)
years the burial remains shall be excavated to give way to new burials and exhumed for
transfer either to the perpetual niches for bones or to the common depository for bones.
If the interested party fails to excavate and transfer the bones of their loved ones, the
MEEA is authorized to excavate and transfer the skeletal remains to the Common Bone
Depository. Burial of indigents who are residents of Hinatuan, Surigao del Sur shall be
free of charge provided a Certification shall have been secured from the Municipal
Social Welfare and Development Office.

Regular Niches for Cadavers. Apartment type niches constructed along the
boundary of the common ground burial measuring 0.70 m. x 0.80 m. x 2.50 m. for
cadavers in coffins or neither containers which are available for five (5) years lease
without renewal at the rate pegged in the Code. After five (5) years the remains shall be
extracted and transferred either to the perpetual niches for bones or to the common
depository for bones. If the interested parties fail to extract and transfer the bones of
their loved ones, the Municipal Economic Enterprise Administrator or his representative
is authorized to cause the extraction and transfer of the bones to the common
depository for bones.

Niches for New Born and Children. Constructed concrete niches for new born
babies and children along the boundary of the common ground burial measuring 0.60
m. x 0.70 m. x 1.50 m. for cadavers in coffins or neither containers which are available
for five (5) years lease without renewal at the rate pegged in the Code. After five (5)
years the remains shall be extracted and transferred either to the perpetual niches for
bones or to the common depository for bones. If the interested parties fail to extract
and transfer the bones of their loved ones, the Municipal Cemetery Administrator or his
representative is authorized to cause the extraction and transfer of the bones to the
common depository for bones.

Perpetual Niches for Bones. Constructed concrete niches of 0.4 x 0.4 x 0.8
meters and five (5) tiers high along the boundary of the Hinatuan Memorial Park which
shall be utilized for the preservation of extracted burial remains/bones and cadavers to
be sold to all interested parties who wants to preserve the bones of their loved ones in
perpetuity at the rate pegged in this Code.

ARTICLE B. SLAUGHTER OPERATION

Section 8B.1 Definition of Terms. For purposes of this Local Revenue Code, the
following words, phrases, names and terms shall be construed to mean.
a) Slaughterhouse. A premise that is approved and registered by the
controlling authority in which food animals are slaughtered and dressed for
human consumption.

b) Ante-Mortem Inspection. Services in examining the animals prior to

slaughter to select for food animals those which are adequately rested and
apparently free from diseases or abnormal conditions; to isolate for further
 examination diseased, suspected diseased, suspected abnormal animals,
to prevent contamination of personnel, premises and equipment by an
animal suffering from a disease which is communicable, and to gather
information for post- mortem inspection, diagnosis and judgment of
carcass and offal.

c) Butcher. Refers to a person, employed by either the government of a

private individual, who is responsible for the slaughtering and dressing of
food animals.

d) Carcass. Body of any slaughtered food animal after bleeding and

dressing.

e) Cleaning. Removal of objectionable matters.

f) Condemnation. The examination and judgment of meat products

according to approved protocols by a competent person, or otherwise
determined by the controlling/competent authority, as being unsafe or
unsuitable for human consumption and requiring appropriate disposal.

g) Contamination. The direct or indirect transmission of diseases to food

animals, personnel, premises and equipment and of any other
objectionable matters to the meat.

h) Disease or Defect. A pathological change or other abnormality.

i) Disinfection. The application of hygienically satisfactory chemicals or

physical agents and processes to clean surfaces with the intention to
eliminate organisms.

j) Downers. Refers to crippled or weakened animal unable to stand or

showing abnormal locomotion that shall be considered ‘suspect’ animal.

k) Emergency Slaughter. The immediate slaughter of an animal necessitated

by a previous accident (e.g. bone fracture, danger of suffocation, heat
stroke) to prevent continued suffering of the animal provided that the
animal is found fit for slaughter after thorough ante-mortem examination.

l) Fee. An imposition for the regulation or inspection of an article or

commodity, or a change for proprietary services rendered or for the use of
facility;
m) Fit for Human Consumption. Meat that has passed and appropriately
branded by an inspector as safe and wholesome and in which no changes
due to disease, decomposition or contamination have subsequently been
found.

n) Fresh Meat. Meat that has not yet been treated in any way other than by
modified atmosphere packaging or vacuum packaging to ensure its
preservation except that if it has been subjected only to refrigeration, it
continues to be considered as fresh.

o) Hot Meat. Refers to the meat from animal clandestinely slaughtered and
sold to the public.

p) Holding Pen. A corral used for the lairage of food animals prior to
slaughter.

q) Humane Slaughter. The slaughter of food animals that shall be done

rapidly and away from public view and must occur with the least fear,
anxiety, pain and distress to the animal.

r) Meat. Refers to the fresh, chilled, frozen edible carcass including offal
derived from food animals.

s) Meat Delivery Vehicle. An enclosed conveyance facility used for the

transfer of meat and meat products from one place to another in a
hygienic manner.

t) Meat Inspector. A professionally qualified and properly trained officer, duly

appointed by NMIS or the local government unit for meat inspection and
control of hygiene.

u) Offal. By-products, organs, glands and tissue other than the meat of the
food anima, which may or may not be edible.

v) Post Mortem Inspection. The services in examining the animals after

slaughter to ensure the detection of lesions and abnormalities and to pass
only meat and edible offal fit for food.

w) Suspect. Any animal suspected of being affected with a disease or

condition which may require its condemnation, in whole or in part when
 slaughtered, and is subject to further examination to determine its
disposal.

Section 8B.2 Basic Policies. The following are the basic policies governing the
operation and management of the Hinatuan Slaughterhouse.

8B.2a. There shall only be one Slaughterhouse in the Municipality of Hinatuan

situated at Sitio Kape, Barangay Bitoon and such other areas as may be determined by
the local government latter and under the supervision of the Municipal Economic
Enterprise Office.

8B.2b. The slaughterhouse shall serve the need for a fast, efficient and sanitary
slaughtering facility in the Municipality of Hinatuan, the neighboring municipalities/cities.
8B.2c. The slaughterhouse shall operate daily.
8B.2d.
a. The Hinatuan Slaughterhouse shall serve the need for a fast, efficient and
sanitary slaughtering facility in the mun1icipality of Hinatuan.
b. The Hinatuan Slaughterhouse shall operate daily.

Section 8B.3 Rules and Regulation. The following rules and regulations shall be
observed at the Hinatuan Slaughterhouse.

a. Only Hinatuan Slaughterhouse personnel and authorized butchers are allowed in

the processing area.
b. During operations, all authorized personnel in the slaughterhouse are required to
wear their proper uniform and provide themselves with safety devices like head
gear protector, gloves, anti-slid shoes, body protector and other similar devices.
c. Hoister, elevator, de-hairing machine,
d. All equipment like machine, table, platform, basin, pails, and lavatories, cutting
devices, saw and other instruments must be cleaned thoroughly after using.
e. All electrical tools, instruments and machines shall be detached or disconnected
from the main power supply outlet after all the work is accomplished.
f. Suspected stolen animals brought into the Hinatuan Slaughterhouse shall be
confiscated immediately after and turn over to the proper authority.
g. No firearm is allowed in the Hinatuan Slaughterhouse building and compound.
h. No gambling in whatever form shall be allowed in the Hinatuan Slaughterhouse.
i. No persons are allowed inside the Hinatuan Slaughterhouse except when they
are on educational or observation tour or otherwise authorized by the proper
authority.
j. The Hinatuan Slaughterhouse building or any portion thereof shall not be used as
a sleeping or living quarter.
k. Smoking and loitering are strictly prohibited in the Hinatuan Slaughterhouse
building and compound.
l. Liquors, beers, wine and other intoxicating drinks are prohibited inside the
Hinatuan Slaughterhouse building and compound.
m. Drunk or any persons or personnel and butcher under the influence of liquor are
prohibited from making entry into the Hinatuan Slaughterhouse building and
compound.
n.

c. Permit Fee to Slaughter. Before any animal is slaughtered for public

consumption, a permit fee therefore shall be secured from the Meat Inspector
who will determine whether the animal is fit for human consumption, thru the
Municipal Economic Enterprise Office upon payment of the corresponding fee, as
follows:

PER HEAD EXISTING ACTUAL PROPOSED

Large Cattle ₱ 60.00 ₱ 80.00 ₱ 80.00
Hogs ₱ 40.00 ₱ 60.00 ₱ 60.00
Goat ₱ 40.00 ₱ 60.00 ₱ 60.00
Others ₱ 20.00 ₱ 30.00 ₱ 30.00

d. Ante-Mortem. , as follows:

PER HEAD EXISTING ACTUAL PROPOSED

Large Cattle ₱ 35.00 ₱ 50.00 ₱ 70.00
Hogs ₱ 15.00 ₱ 10.00 ₱ 30.00
Goat ₱ 15.00 ₱ 10.00 ₱ 30.00
Others ₱ 10.00 ₱ 10.00 ₱ 30.00
e. Slaughter Fee. The fee shall be paid to cover the cost of service in the slaughter
of animals at the Municipal Slaughterhouse, in accordance with the following
rates:

PER HEAD EXISTING ACTUAL PROPOSED

Large Cattle ₱ 110.00 ₱ 95.00 ₱ 150.00
Hogs ₱ 80.00 ₱ 75.00 ₱ 100.00
Goat ₱ 80.00 ₱ 75.00 ₱ 100.00
Others ₱ 20.00 ₱ 50.00 ₱ 50.00

f. Corral Fee, per head, per day or fraction thereof:

PER HEAD EXISTING PROPOSED

Large Cattle ₱ 75.00 / hd. /day ₱ 100.00 / hd. /day

Hogs ₱ 50.00 / hd. /day ₱ 75.00 / hd. /day
Goat ₱ 50.00 / hd. /day ₱ 75.00 / hd. /day
Others ₱ 30.00 / hd. /day ₱ 50.00 / hd. /day
Land rental for Corral ₱ 5.00 /sq. m. /day ₱ 10.00 /sq. m. /day

a. Interested person file an application of lease at the municipal treasurer’s office

b. A Clearance from the Municipal Engineering Office to allow the constructions and
for the measurement of area for construction
c. The Corral construction must be in temporary in nature, just in case the
government wants to use the area the lessee is oblige to vacate
Note: The Municipal Government is not liable for feeding and security of the
livestock or the installation and consumption of water and electric bill.
d. Post Mortem Inspection

PER HEAD EXISTING ACTUAL PROPOSED

Large Cattle ₱ 35.00 ₱ 50.00 ₱ 50.00
Hogs ₱ 15.00 ₱ 10.00 ₱ 30.00
Goat ₱ 15.00 ₱ 10.00 ₱ 30.00
Others ₱ 10.00 ₱ 15.00 ₱ 25.00
e. Delivery fee

PER HEAD EXISTING ACTUAL PROPOSED

Large Cattle ₱ 75.00 ₱ 15.00 ₱ 100.00
Hogs ₱ 40.00 ₱ 20.00 ₱ 50.00
Goat ₱ 40.00 ₱ 20.00 ₱ 50.00
Others ₱ 30.00 ₱ 20.00 ₱ 40.00

f. Certificate of Ownership/Credential of large animals issued by the Municipal

Treasurer’s Office shall be required by the Meat Inspector from the owner prior to
slaughtering. Collection from the Certificate of Ownership Fee shall be credited to
the Municipal Economic Enterprise Office.

EXISTING ACTUAL PROPOSED

Certificate ₱ 30.00 ₱ 100.00

Section 8B.02. Prohibition. Permit to slaughter shall not be granted nor the
corresponding fee be collected on animals condemned by the Municipal Veterinarian.

Section 8B.03. Time of Payment.

a. Permit Fee. The fee shall be paid to the Municipal Treasurer upon application for
a permit to slaughter with the Municipal Veterinarian.
b. Slaughter Fee. The fee shall be paid to the Municipal Treasurer or his authorized
representative before the slaughtered animal is removed from the public
slaughterhouse, or before the slaughtering of the animal if it takes place
elsewhere outside the public slaughterhouse.

Section 8B.04. Administrative Provisions.

a. The slaughter of any kind of animal intended for sale shall be done only in the
municipal slaughterhouse designated as such by the Sangguniang Bayan. The
slaughter of animals intended for home consumption may be done elsewhere,
except large cattle which shall be slaughtered only in the public slaughterhouse.
The animal slaughtered for home consumption shall not be sold.
b. Before issuing the permit for the slaughter of large cattle the Municipal Treasurer
shall require for branded cattle, the production of the certificate of ownership and
certificate of transfer showing title in the name of the person applying for the
permit it 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 the corresponding fee to be collected therefore.
 i. For unbranded cattle that have not reached the age of branding, the
Municipal Treasurer shall require such evidence as will be satisfactory to
him regarding the ownership of the animal for which permit to slaughter
has been requested.
ii. For unbranded cattle of the required age, the necessary certificate of
ownership and/or transfer shall be issued, and the corresponding fees
collected therefore before the slaughter permit is granted.
c. Before any animal is slaughtered for public consumption, a permit therefore shall
be secured from the Municipal Veterinarian or his duly authorized representative,
through the Municipal Economic Enterprise Administrator. The permit shall bear
the date and month of issue and the stamp of the Municipal Veterinarian, as well
as the page of the book in which said permit number is entered and wherein the
name of the permitee, the kind and sex of the animal to be slaughtered appears.
d. The permit to slaughter as herein required shall be kept by the owner to be
posted in a conspicuous place in his/her stall at all times.

Section 8B.05. Penalties. The following fines and/or penalties shall be imposed for
violation of this article as follows:

First Offense a fine and/or penalty of 1,000.00

Php.500.00

Second a fine and/or penalty of 1,500.00

Offense Php.750.00

Third Offense a fine and/or penalty of a fine and/or penalty of

Php.1,000.00 and non- Php.2,000.00 and non-issuance of
issuance of permits & permits & licenses for the period of
licenses for the period of one one (1) year and an imprisonment
(1) year and an imprisonment of fifteen (15) days or both upon
of fifteen (15) days or both the discretion of the court
upon the discretion of the
court.

ARTICLE C. PUBLIC TERMINAL AND COMFORT ROOM FEES

Section 8C.01. Collection of Fees. There shall be collected the following fees for use
of the public terminal and comfort rooms:
 Departure fee for buses Php.20.00 25.00

Departure fee for PUJs Php.15.00 20.00

Departure fee for vans Php.15.00 20.00

Urination Php.2.00 5.00

Defecation Php.5.00 10.00

Bathing Php.15.00 25.00

Section 8C.2 Time of Payment. The fee shall be payable to the Municipal Economic
Enterprise through its authorized representative detailed in the premises.

Section 8C.3 Administrative Provisions. The Municipal Economic Enterprise

Administrator shall coordinate with the authorities in the implementation of monitoring
measures to ensure counterchecking of collection records. Entrance and exit points in
the municipality should be established to monitor departures of buses and PUJs.

ARTICLE E. ENCHANTED RIVER FEES

Section 8E.01. Collection of Fees. There shall be collected the following fees in the
Enchanted River, the tourism destination in the municipality:

A. Entrance Fee – inclusive of environmental fee, parking fee, tables and chairs rental,
life vest rental and unlimited swimming at the designated swimming only.

A1. Hinatuan Residents

A1.1 Adult ₱ 30.00
A1.2 Senior Citizen & PWD ₱ 24.00
A1.3 Children below 4 ft. tall ₱ 10.00
A2. Non-Residents
A2.1 Adult ₱ 100.00
A2.2 Senior Citizen & PWD ₱ 70.00
A2.3 Children below 4 ft. tall ₱ 30.00

B. Enchanted River Vendor Stalls and Space

B1. Occupancy Fee - a one-time non-refundable fee upon Issuance of a
Notice of Award to a vacant stalls/space.
B1.1 Cooked Food and Grocery Stalls - ₱ 8,000.00
 B1.2 Marine Products Display - ₱ 8,000.00
B1.3 Souvenirs Display - ₱ 6,000.00
B1.4 Snack Foods Display - ₱ 4,000.00

B2. Stalls Rental Fee

B2.1 Walled – ₱ 15.00 per sq. m. / day
B2.2 Open Space – ₱ 10.00 per sq. m. / day
B2.3 Open Space (Temporary Activities) – ₱ 10.00 per sq. m. / day

C. Other Fees and Charges apart from paying Entrance Fee

C1. Enchanted River Function Hall/Venue & Catering Charge

C1.1 Parties, Occasions & Special Activities (e.g. birthdays, debuts,
weddings, conference, convention, seminars, etc.)

No. of Heads Charge

10 – 30 ₱ 300.00
31 – 50 ₱ 500.00
51 – 70 ₱ 700.00
71 – 100 ₱ 1,000.00
101 – 150 ₱ 1,500.00
151 – Up ₱ 2,000.00

B2. Corkage – as a matter of policy no bringing in of foods upon entry to

Enchanted River. Charges may be imposed on items such as cooked
foods and drinks bought elsewhere.

PARTICULARS CHARGE

B2.1 Any bottled soft drinks - ₱ 30.00 / bottle

B2.2 Any alcoholic drinks - ₱ 40.00 / bottle

B2.3 Roasted Pig / Lechon Baboy (per head)

SIZES CHARGE

B2.3.1 Small - ₱ 100.00

B2.3.2 Medium - ₱ 200.00
B2.3.3 Big - ₱ 300.00

B2.4 Any cooked foods (per viand) - ₱ 100.00

 B3. Filming Charge per Day on Special Occasions in ER Lagoon

B3.1 Pre-Nuptial Wedding - ₱ 2,500.00

B3.2 Documentary Filming/Vlogging - ₱ 2,500.00
B3.3 Commercial Advertisement - ₱ 15,000.00
B3.4 Movie Production Filming - ₱ 30,000.00

B4. Use of Drones and other Aerial Viewing Equipment - ₱ 5,000.00

Rental for regular occupants in the Enchanted River

Rental of stalls, rooms, booths and spaces are hereby fixed and computed based
on stall/space classification. Increase (10%) in the second year, and automatic 10%
increase every three (3) years, viz:

1. for all government-built buildings Stalls/booth/rooms: (per square

meter/day)
There shall be collected the following market fees for all occupants in the public
market.

Rate of Rental per

square meter per
day

1. Vegetable/Dry Goods/ Grocery/ Rice/ Cereals Section

 Rental on Block Tiendas with walls and doors
 Rental on Block Tiendas without walls Php.10. 00
Php.5.00

2. Fish and Meat Section Php.10.00

3. Carenderia Section Php.10.00

4. General Merchandise, Dry Goods, Glasswares, Php.10.00

Kitchen wares, Table wares & Home Appliances
5. Groceries Php.10.00

6. Dressed Chicken

7. Sea Shell

8. Dried Fish/Slated Fish

9. Sari-Sari Store

10. Cold Storage/Ice Storage/Ice box Storage

11. All other not mentioned above

 B. for lessee – built lot space: (per square meter/day)
Duly licensed or distributions of goods, commodities general merchandise or permanent
occupants of Enchanted River stall, booths, block tiendas, or other space, as well as the
same occupants when they bring in goods, commodities or merchandise to replenish or
augment their stock, shall not be considered as transient vendors required to pay the
fees herein authorized.

Section 7F.03. Payments of Market Fees.

1. Accrual/Time and Manner of Payment.

a. For Stalls/.Blockteindas, /space occupants

a.1 The fees for the rental of market stalls shall be paid to the Municipal Treasure or his
duly authorized representative in the Economic Enterprise Administrator within the first
day (1st) day of each month for issuance of Official receipt. All stallholders must have a
sealed deposit boxes for the amount due for the day intended for their rental for the
following month. All deposit for the day must record in the individual ledger of collector
and the stall holder. Every 1 st day of the month the deposit box must be open in front of
the collector and stallholder for issuance of official receipt.

b. In case of a new lease, the applicant must file an application for lease and pay
the amount the rental starts from the date of awarding of stall. He shall be pay
before occupancy/construction of the stall on the daily rental good for 30days as
deposit and 30 days advance. No person is allowed to occupy/construct without
payment of occupancy fee and rental fee. The duly notarized contract of lease
must be submitted first before the occupancy.

Application fee Php.50.00

Occupancy fee Php.100.00

Fish/meat stall Php.1,000.00
yearly(upon renewal)
Vegetable/fruit stand Php.1,000.00
yearly(upon renewal)
Block tiendas Php.2,000.00
yearly(upon renewal)

c. In case the occupants need a construction or renovation, he must secure first a

clearance or permit from the Municipal Engineering office.
 d. Before occupying the stall/space the occupants must secure their individual
electricity and water facilities. The Municipal Government will not shoulder the
Utilities Expense of the occupants.

e. Transfer Fee. There shall be imposed a transfer fee in the amount of Two
Thousand Pesos (P2,000.00) to be paid by existing original occupants if and
when an early termination occurs by his/her voluntary transfer to any qualified
transferee intending to make business in market premises and a qualified
successor will take over the said stall, booth/space.

f. If the occupants will not renew contract, he must notify 2 months prior to the
affectivity.

g. For occupancy of market premises. The fee shall be collected at the gate of
the public market before the transient vendors are allowed to sell their goods
inside the market premises.

h. For ER entrance. The fee shall be collected before the transient vendors are
allowed to sell their goods inside the ER premises.

Section 7F.04. Issuance of Official Receipts and Cash Tickets. The Municipal
Treasurer or his duly authorized representatives under Economic Enterprise
Administrator shall issue an official receipt as evidence of payment of rentals of fixed
stalls.

A cash tickers shall be issued to an occupant of the market premises or transient

vendor and his name shall be written on the back thereof. The cash ticket shall pertain
only to the person buying the same and shall be good only for the space of the market
premises to which he is assigned. If the vendor disposes of his merchandise by
wholesale to another vendor, the latter shall purchase new tickers if he sell the same
merchandise, even if such sale is done in the same place occupied by the previous
vendor.

The cash tickets issued shall be torn in two parts, one part to be given to the
space occupant or vendor and the other part to be retained by the market collector who
shall deliver the same to the Municipal Treasurer for counter-checking against his
record of cash tickers issued by him for that day.

Section 7F.05. Penalties.

a. The lessee of a stall, who fails to pay the daily rental fee within the prescribed
period, shall pay a surcharge of twenty-five percent (25%) of the total rent due.
Failure to pay the rental fee for (30) consecutive days shall cause cancellation of
the contract of lease of stall, without prejudice to suing the lessee for the unpaid
rentals at the expense of the lessee. The stall shall be declared vacant and
subject to adjudication.
 b. Any person occupying space in the market premises without first paying the fee
imposing in this Article shall pay three times as much as the regular rate for the
space occupied.
c. Any person occupying more space than that he has paid for shall pay the regular
rate for such space.
d. No occupants are allowed to connect on the electrical and water connection of
the Municipal Government without securing permission.
e. In case the occupants’ dummies/sub-lease/ sale/transfer the right without
securing a permit from the Market administrator, they are liable for the penalty of
this provision.
f. Any occupants violate the Administrative Provision of the Public Market shall pay
fines of P 2,000.00, cancellation of lease contract and will not allowed anymore
occupying any space in the Public Market in the future unless validated and
recommended by the Public Administrator.

Section 7F.06. Adjudication of Stall.

 Lease Period – The contract of lease for a stall shall be for a period of one (1)
year, renewable upon its expiration, unless revoked in accordance with the
provisions of this Article.

 Notice of Vacancy – A notice of vacant or newly constructed stalls shall be made

for a period of ten (10) days immediately preceding the date fixed for their
awards 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 and the bulletin board of the market. The
notice of vacancy shall be written on cardboard. thick paper or any other suitable
material and shall be in the following form:

N OT I C E
Notice is hereby given that Stall No. _______Building (or Pavilion) No. ______of the
______________________________ Enchanted River is vacant (or will be vacated on
_________________ 20_______). Any person, 21 years of age or more and is not
legally incapacitated, desiring to lease this stall, shall file an application therefore on the
prescribed form (copies may be obtained from the Office of The Economic Enterprise
during office hours and before 12:00 o’clock noon of _______________________,
20________. In case there are more than one applicant, the award of the lease of the
vacant stalls shall be determined thru drawing of lots to be conducted on
_______________________, 20 _______. At 12:00 o’clock noon at the Office of the
Economic Enterprise by the Economic Enterprise Administrator. This stall is found in
the ______________________Section and is intended for the sale of
_________________________.
  In case that there was two or more vacant space for more than 10 days without
interested applicants, the market administrator has the authority to
evaluate/validate/and award the applicant’s outright beyond 10 days of waiting to
the interested party.

 Application for Lease

 The application shall be under oath. It shall be submitted to the Office of the
Economic Enterprise by the applicant either in person or through his or her
attorney;

 It shall be the duty of the Economic Enterprise to keep a register book showing
the names and addresses of all applicants for a stall, the number and description
of the stall applied for, and the date and hour of the receipt by the Economic
Enterprise Administrator of each application. It shall also be the duty of the
Mayor to acknowledge receipt of the application setting forth therein the time and
date of receipt thereof;

 The application shall be substantially the same in the Public Market

 Applicants who are Filipino citizens shall have preference in the lease of public
market stalls. If one the last day set for filing applications, there is no application
from Filipino citizens, the posting of Notice of Vacancy prescribed above shall be
repeated for another ten-day period. If after the expiration of that period there is
still no Filipino applicant, the stall affected may be leased to any alien applicant,
the adjudication of the stall shall be made thru drawing of the lots to be
conducted by the Market Committee.
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 stall shall be made thru drawing of lots to be conducted by the
Market Committee on the date and hour specified in the notice. The results of
the drawing of lots shall be reported immediately by the committee to the
Municipal Mayor concerned for appropriate action.

 The successful applicant shall furnish the Municipal Mayor two (2) copies of
his/her picture immediately after the award of the lease. It shall be the duty of
the Mayor to affix one (1) copy of the picture to the application and the other copy
to the record card kept for that purpose.

 Appeals – Any applicant who is not satisfied with the adjudication made by the
Municipal Mayor or the Market Committee of the stall applied for, may file an
appeal with the Sangguniang Bayan who may submit such appeal with their
comment and recommendations, as it may desire to make on the matter. The
decision of the Sangguniang Bayan in such cases shall be final.

 CONTRACT OF LEASE shall be substantially the same in the Public Market

Section 7F.08. Responsibilities of Economic Enterprise Administration.
The Municipal Mayor thru Municipal Economic Enterprise Administrator shall exercise
direct and immediate supervision and control over the municipal public market and
personal thereof, including those whose duties concern the maintenance and upkeep of
the market and market premises, in accordance with existing ordinances and other
pertinent rules and regulation.
Section 6M.03. Time of Payment. The fee shall be payable to the Enchanted River
Cashier/Cash Clerk who will be responsible for the submission of reports under the
supervision of the Enchanted River Manager and to the Local Government Unit of
Hinatuan, Surigao del Sur thru its Municipal Treasurer. Collections shall be remitted in a
daily basis to the Municipal Treasurer.

Section 6M.04. Administrative Provisions. The Municipal Treasurer shall institute

effective monitoring measures to ensure counterchecking of collection records and shall
coordinate with the Enchanted River Management on operational concerns.

ARTICLE F. PUBLIC MARKET

Section 7F.1. Market Section. For purposes of this Article, the public market shall be
divided into the following sections:
a. Fish Section – fresh fish, clams, oysters, lobsters, shrimps, sea weeds and
other sea foods or marine products.
b. Meat Section – fresh meat from cow, carabao, goat, sheep, pigs, chicken, etc.
c. Vegetable and Fruit Sections – all kinds of vegetables, fruits and root crops.
d. Dry goods and Grocery Sections – all kinds of textile, readymade dresses and
apparel, kitchenware and glass wares, school and office supplies, canned goods,
sugar, rice and other preserved goods.
e. Eateries and Cooked Food Section – all kinds of cooked food including
refreshment and cakes.
The numbering, designation, or other forms of identifying the market section shall
be the responsibility of the Municipal Treasurer.
Section 7F.02. Imposition of Fees.
a.) Rental for Regular Occupants in Public Market
 There shall be collected the following market fees for all occupants in the public
market.
RATE OF For
RENTAL PER implementation
SQUARE
METER PER
DAY

Vegetable/Dry Goods/ Grocery/ Rice/ Cereals Section

 Rental on Block Tiendas with walls and doors
 Rental on Block Tiendas without walls Php.10.00
Php.5.00

Fish and Meat Section Php.10.00

Carenderia Section Php.10.00

General Merchandise, Dry Goods, Glassware, Kitchen Php.10.00

wares, Table wares & Home Appliances

Groceries Php.10.00

Rental on Commercial Spaces outside public market Php.5.00

building but w/in the premises

b.) Market entrance fee in lieu of the regular market fees based on the space occupied,
a market entrance fee shall be collected from transient vendors of the enumerated
commodities at the following rates:

Rate per day

Fruits Php.20.00

Vegetables Php.20.00

Root crops Php.20.00

Eggs Php.20.00

Fish Php.20.00

Junk foods and miscellaneous Php.20.00

Prawns and other crustaceans Php.20.00

Shells and other mollusks Php.20.00

 Other products not mention above Php.20.00

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 fee due hereon less what he may have already paid as entrance fee.
Duly licensed or distributions of goods, commodities general merchandise or
permanent occupants of market stall, booths, block tiendas, or other space, as well as
the same occupants when they bring in goods, commodities or merchandise to
replenish or augment their stock, shall not be considered as transient vendors required
to pay the market fees herein authorized.
c.) Market fees for Ambulant/ Transient Vendors in Vehicle or Conveyances:
There shall be collected from persons, corporation, partnership or entities
offering for sale merchandise in jeepney, pick-up vans, haulers, fishing boats, or any
other conveyance parked or displayed in the vicinities of the public markets, or any
others places within the territorial jurisdiction of the municipality not otherwise licensed
as peddler, the following fees:

For rice & corn, sugar or similar commodities placed in Php.1.00 per sack
sack,

For fresh eggs Php.1.00 per tray

For vegetables, fruits, placed in bucag Php.1.00 per basket

Goods or merchandise Php.50.00 per one

truckload
Regardless of kind, pick-up, vans & jeepney

For one truckload of good or merchandise regardless of Php.100.00

kind for haulers

For pigs(large) size 80 kilos or more per head Php.10.00

For pigs (small) size 50kls or less per head Php.5.00

For goals, sheep & etc. per head Php.5.00

For every kilo of fish, sea foods and/or Marine Php.1.00

products

Section 8F.03. Payments of Market Fees.

2. Accrual/Time and Manner of Payment.

 i. For Stalls/.Block tiendas, /space occupants

a.1 The fees for the rental of market stalls shall be paid to the Municipal Treasure or his
duly authorized representative within the first day (1st) day of each month for issuance
of Official receipt. All stallholders must have a sealed deposit boxes for the amount due
for the day intended for their rental for the following month. All deposit for the day must
record in the individual ledger of collector and the stall holder. Every 1 st day of the
month the deposit box must be open in front of the collector and stallholder for issuance
of official receipt.

j. In case of a new lease, the applicant must file an application for lease and pay
the amount the rental starts from the date of awarding of stall. He shall be pay
before occupancy/construction of the stall on the daily rental good for 30days as
deposit and 30 days advance. No person is allowed to occupy/construct without
payment of occupancy fee and rental fee. The duly notarized contract of lease
must be submitted first before the occupancy.

Application fee Php.50.00

Occupancy fee

Fish/meat stall Php.600.00 yearly(upon

renewal)

Vegetable/fruit stand Php.700.00 yearly(upon

renewal)

Block tiendas Php.1,000.00 yearly(upon

renewal)

k. In case the occupants need a construction or renovation, he must secure first a

clearance or permit from the Municipal Engineering office.
l. Before occupying the stall/space the occupants must secure their individual
electricity and water facilities. The Municipal Government will not shoulder the
Utilities Expense of the occupants.
m. Transfer Fee. There shall be imposed a transfer fee in the amount of One
Thousand Pesos (P1,000.00) to be paid by existing original occupants if and
when an early termination occurs by his/her voluntary transfer to any qualified
transferee intending to make business in market premises and a qualified
successor will take over the said stall, booth/space.
n. If the occupants will not renew contract, he must notify 2 months prior to the
affectivity.
 o. For occupancy of market premises. The fee shall be collected at the gate of
the public market before the transient vendors are allowed to sell their goods
inside the market premises.
p. For market entrance. The fee shall be collected before the transient vendors
are allowed to sell their goods inside the market premises.
Section 7F.04. Issuance of Official Receipts and Cash Tickets. The Municipal
Treasurer or his duly authorized representatives shall issue an official receipt as
evidence of payment of rentals of fixed stalls.
Cash tickets shall be issued to an occupant of the market premises or transient
vendor and his name shall be written on the back thereof. The cash ticket shall pertain
only to the person buying ths same and shall be good only for the space of the market
premises to which he is assigned. If the vendor disposes of his merchandise by
wholesale to another vendor, the latter shall purchase new tickers if he sell the same
merchandise, even if such sale is done in the same place occupied by the previous
vendor.
The cash tickets issued shall be torn in two parts, one part to be given to the
space occupant or vendor and the other part to be retained by the market collector who
shall deliver the same to the Municipal Treasurer for counter-checking against his
record of cash tickers issued by him for that day.
Section 7F.05. Penalties.

 The lessee of a stall, who fails to pay the daily rental fee within the prescribed
period, shall pay a surcharge of twenty-five percent (25%) of the total rent due.
Failure to pay the rental fee for (30) consecutive days shall cause cancellation
of the contract of lease of stall, without prejudice to suing the lessee for the
unpaid rentals at the expense of the lessee. The stall shall be declared vacant
and subject to adjudication.

 Any person occupying space in the market premises without first paying the fee
imposing in this Article shall pay three times as much as the regular rate for the
space occupied.

 Any person occupying more space than that he has paid for shall pay the regular
rate for such space.

 No occupants are allowed to connect on the electrical and water connection of

the Municipal Government without securing permission.

 In case the occupants’ dummies/sub-lease/ sale/transfer the right without

securing a permit from the Market administrator, they are liable for the penalty of
this provision.

 Any occupants violate the Administrative Provision of the Public Market shall pay
fines of
  P 2,000.00, cancellation of lease contract and will not allowed anymore
occupying any space in the Public Market in the future unless validated and
recommended by the Public Administrator.
Section 7F.06. Adjudication of Stall.

 Lease Period – The contract of lease for a stall shall be for a period of one (1)
year, renewable upon its expiration, unless revoked in accordance with the
provisions of this Article.

 Notice of Vacancy – A notice of vacant or newly constructed stalls shall be made

for a period of ten (10) days immediately preceding the date fixed for their
awards 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 and the bulletin board of the market. The
notice of vacancy shall be written on cardboard. thick paper or any other suitable
material and shall be in the following form:

N OT I C E
Notice is hereby given that Stall No. _______Building (or Pavilion) No. ______of the
______________________________ market is vacant (or will be vacated on
_________________ 20_______). Any person, 21 years of age or more and is not
legally incapacitated, desiring to lease this stall, shall file an application therefore on the
prescribed form (copies may be obtained from the Office of The Municipal Mayor during
office hours and before 12:00 o’clock noon of _______________________,
20________. In case there are more than one applicant, the award of the lease of the
vacant stalls shall be determined thru drawing of lots to be conducted on
_______________________, 20 _______. At 12:00 o’clock noon at the Office of the
Municipal Mayor by the Market Committee. This stall is found in the
______________________Section and is intended for the sale of
_________________________.

Municipal Mayor

 In case that there was two or more vacant space for more than 10 days without
interested applicants, the market administrator has the authority to
evaluate/validate/and award the applicant’s outright beyond 10 days of waiting to
the interested party.

Application for Lease

 The application shall be under oath. It shall be submitted to the Office of the
Municipal Mayor by the applicant either in person or through his or her attorney;

 It shall be the duty of the Municipal Mayor to keep a register book showing the
names and addresses of all applicants for a stall, the number and description of
the stall applied for, and the date and hour of the receipt by the Mayor of each
 application. It shall also be the duty of the Mayor to acknowledge receipt of the
application setting forth therein the time and date of receipt thereof;

 The application shall be substantially in the following form:

APPLICATION TO LEASE MARKET STALL

Address __________________

Date ______________

The Municipal Mayor

Province of Surigao del Sur
Municipality of Hinatuan

Sir/Madam:

I hereby apply under the following contract for the lease of Stall No. ___________ of the
Market. I am _____________ years of age, a citizen of the ___________________
residing at ___________________________________.
Should the above-mentioned 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 or leasing this stall (or stalls) I shall at all times have
my picture and that of my helper(s) conveniently framed and hung up
conspicuously in the stall;
2. I shall keep the stall (s) in good sanitary condition at all times and comply strictly
with all sanitary and market rules and regulations now existing or which may
hereafter be promulgated;
3. I shall pay the corresponding rent for the stall(s) in the manner prescribed by
existing ordinance;
4. The business to be conducted in the stall(s) shall belong exclusively to me;
5. In case I engage helpers, I shall nevertheless personally conduct my business
and be present at the stall (s). I shall promptly notify the market authorities of
my absence, giving my reason(s) therefore; and
6. Any violation on my part or on the part of my helpers of the foregoing conditions
shall be sufficient cause for the market authorities to cancel this contract.
Very respectfully,
_________________________
Applicant
TIN: _____________________

I, _____________________, do hereby state that I am the person who signed

the foregoing application; that I have read the same; and the contents thereof are true to
the best of my own knowledge.
_________________________
Applicant
TIN: _____________________

SUBSCRIBED AND SWORN to before me in this Municipality of Hinatuan, Province of

Surigao del Sur, Philippines, this ________ day of __________________________, 20
_________. Applicant/affiant exhibiting to me his/her Community Tax Certificate NO.
_______________ issued on _____________________ at Hinatuan, Surigao del Sur,
Philippines.
_________________________
Official Title

 Applicants who are Filipino citizens shall have preference in the lease of public
market stalls. If one the last day set for filing applications, there is no application
from Filipino citizens, the posting of Notice of Vacancy prescribed above shall be
repeated for another ten-day period. If after the expiration of that period there is
still no Filipino applicant, the stall affected may be leased to any alien applicant,
the adjudication of the stall shall be made thru drawing of the lots to be
conducted by the Market Committee.
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 stall shall be made thru drawing of lots to be conducted by the
Market Committee on the date and hour specified in the notice. The results of
the drawing of lots shall be reported immediately by the committee to the
Municipal Mayor concerned for appropriate action.

 The successful applicant shall furnish the Municipal Mayor two (2) copies of
his/her picture immediately after the award of the lease. It shall be the duty of
the Mayor to affix one (1) copy of the picture to the application and the other copy
to the record card kept for that purpose.

 Appeals – Any applicant who is not satisfied with the adjudication made by the
Municipal Mayor or the Market Committee of the stall applied for, may file an
appeal with the Sangguniang Bayan who may submit such appeal with their
comment and recommendations, as it may desire to make on the matter. The
decision of the Sangguniang Bayan in such cases shall be final.
 CONTRACT OF LEASE shall be substantially in the following form:

CONTRACT OF LEASE
KNOW ALL MEN BY THIS PRESENTS:
This contract, made and entered into this _______ day of _________________,200__
at Hinatuan, Surigao del Sur, Philippines, by and between:
Municipality of Hinatuan, a public corporation existing under and by virtue of the laws of
the Philippines, represented in this act by its Municipal Mayor called the LESSOR:
And
 I,________________________, of legal age, singles/married, Filipino citizen,
and a resident____________________, Hinatuan, Surigao del Sur, Philippines, herein
called the LESSEE.
WITNESSETH
THAT LESSEE is the awardee of stall No. ________ Section of the
__________________ Public Market during the Raffle of stall conducted on
___________________,20__,at Hinatuan, Surigao de Sur.

That LESSOR hereby lease the aforesaid stall in favor of the LESSEE; subject to
the following and conditions:
1. That this contract of lease be for a period of one ( 1 ) year from date hereof and
shall be renewable one ( 1 ) year thereafter, unless sooner canceled or revoke
for cause:
2. That during the existing of this contract, the herein LESSEE shall at all times post
his/her picture and that of his/her helper, Conveniently framed and hang-up
conspicuously in the stall;
3. That LESSEE shall at all times keep the stall/booth in good sanitary and shall
comply strictly all the sanitary and market rules and regulations now existing or
which may hereafter be promulgated;
4. That LESSEE shall pay the corresponding rent for the including business permit
or license and taxes in the amount and manner prescribed by existing ordinance;
5. That LESSEE shall be allowed to take possession over his/her awarded
stall/booth only upon payment of the required occupancy fee;
6. That the business to be conducted in the stall/booth shall belong exclusively to
the herein LESSEE;
7. That in case the herein LESSEE shall engage the service of helper/helpers,
he/she shall nevertheless personally conducted his/her business and be present
at the stall. In this regard, herein LESSEE shall promptly notify the market
authority of his/her absence, giving his/her reason or reasons therefore;
8. That LESSEE shall not sell, sub-lease or transfer his/her privilege to the stall/
booth or otherwise permit another person to conduct business therein;
9. That LESSEE shall not use the privilege to the stall whether directly or indirectly,
as a collateral or security for any agreement whether with a public or private
entity;
10. That at any given time, should the market stall/booth be used for a purpose other
that for which it is intended or remain closed or idle for at least thirty ( 30 )
consecutive days, the same shall be declared abandoned and the lease to such
stall/booth shall be automatically revoked by the Municipal Mayor or duly
authorized person.
 11. That non-payment of the daily/monthly rental within the first day ( Ist ) dayof the
month, shall be sufficient cause for the revocation of the lease;
12. That I will follow the policy of Built and Operate procedure of the Committee. I
will build a Cubicle in accordance to the design and location required by the
Municipal Engineering office for uniformity purposes
13. That I agree to pay 50% of the monthly rental within 1 year. The other 50% is to
offset the cost of cubicle built by the LESSEE. After 1 year contract from the
date of building their cubicle, the full ownership of the cubicle is transferred to the
LESSOR. The monthly rental after the 1 year is at full monthly or based on the
rate on the Municipal Ordinance.
14. That cost of installation and monthly bill of Light and Water was my
accountability
15. That LESSEE shall not be allowed to lease/occupy more than one ( 1 )
stall/booth/space in a particular;
16. That violation of any of the forgoing terms and condition and other applicable
laws, rules and regulation shall cancelled or revocation of this contract of lease.

IN WITNESS WHEREOF, the parties have set their hands this ______ day of
________________________ 20___ at Hinatuan, Surigao del Sur, Philippines.

MUNICIPALITYOFHINATUAN
Lessor
BY:
____________________________________________________________
Stall holder/lessee Municipal Mayor

_______________________________
and_____________________________
( Print Name ) ( Print Name)

ACKNOWLEDGMENT

REPUBLIC OF THE PHILIPPINES

MUNICIPALITY OF HINATUAN
PROVINCE OF SURIGAO DEL SUR
BEFORE ME, personally appeared ____________________________ and
_________________________ with community tax certificate No. _______________
and ________________ issued on ____________________ and
_______________________, 20____, respectively, all of whom are known to me to
both very same persons who accented the forgoing instrument and both acknowledged
to me that the executed the same freely and voluntarily.
 This instrument consist of _______________________(_________________)
pages, including this pages on which acknowledgment is written, each and every
hereof, having been signed by the parties and their instrument witnesses.
WITNESS MY HAND SEAL at the place and on the date first above-written.

________________________
Notary Public
DOC. NO. __________
PAGES NO._________
BOOK NO.__________
SERIES OF 20_______

Section 8F.07. Miscellaneous Provisions

a. Vacancy of stall before expiration of the lease – if for any reason, a stall holder
or lessee discontinues or is required to discontinue his business before his
contract expires, such stall shall be considered vacant and its occupancy
thereafter shall be disposed of in the manner herein prescribed.
b. Partnership with stall holder – A market stall holder who enters into business
partnership with any party after he acquires the right to lease such stall have no
authority to transfer to his partners the right to occupy the stall. In case of death
or any legal disability of such stallholder to continue in his business, the surviving
partners may be authorized to continue occupying the stall for a period not
exceeding sixty (60) days within which to wind up the business of the
partnership. If the surviving partner is qualified to occupy a stall under the
provision hereof, and the spouse, parent, son, daughter or relative within the third
degree of consanguinity or affinity of the deceased is not applying for the stall,
he shall be given the preference to continue occupying the stall concerned, if he
or she applies for it.
c. Lessee to personally administer his stall – Any person, who has been awarded
the right to lease a market stall in accordance with the provisions hereof, shall
occupy, administer and be present personally at his stall (s). He may employ
helpers who must be citizens of the Philippines, including but not 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 helpers
shall under no circumstances, be person with whom the stallholder has any
commercial relations or transaction.
d. Dummies, sub-lease stalls – In any case where the person registered to be the
holder of lease of a 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 sub-leased his stall to
another person or have connived with such person so that the latter may for any
reason, be able to occupy the said stall.
 g. Any occupants violate the Administrative Provision of the Public Market shall pay
fines of
P 2,000.00, cancellation of lease contract and will not allowed any to occupy
any space in the Public Market.
Section 8F.08. Responsibilities of Market Administration.
The Municipal Mayor thru MEEO shall exercise direct and immediate supervision and
control over the municipal public market and personal thereof, including those whose
duties concern the maintenance and upkeep of the market and market premises, in
accordance with existing ordinances and other pertinent rules and regulations.
Section 8F.09. Creation of Market committee
There is hereby created a permanent market committee composed of the
Municipal Mayor as Chairman, Municipal Economic Enterprise Administrator,
representative of the Sangguniang Bayan, and the market vendors as members. The
Committee shall conduct the drawing of lots and opening of bids in connection with
adjudication of vacant or newly constructed stalls in the municipal market and to certify
to the Municipal Mayor of the result hereof.
Section 8F.10. Rules and Regulations.
A.. The pedding or sale outside the public market site or premises of food stuff
which easily deteriorate, like fish & is hereby prohibited. Provided however, that this
prohibition shall not apply to the following:
a.1 peddling or selling fish and other fishery products with a total weight of 5 kls.
Below;
a.2 peddling of fish and other fishery products in some designated areas/places
as designated by the municiplaity;
a.3 selling of meat, poultry and frozen products in designated places like meat
shop, qualified under existing sanitary rules and regulations.
B. No person shall utilize the public market or any part thereof for residential purposes.

 It shall be unlawful for any person to peddle, hawk, sell or offer for sale, or
expose for sale, any article in the passageway (pasillo) used by purchasers in the
market premises.

 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 children to play in or around their stalls or in the market premises.

 It shall be unlawful for any person to drink, serve or dispense liquor or any
intoxicating drinks within the premises of the public market at any time of the day.
  No merchandise or article shall be sold, offered for sale or exposed for sale in the
public market unless the same was legally acquired by the vendor or stall holder
and that taxes of any kind due thereon had been paid.

 It shall be unlawful for any lessee to remove, construct electrical wiring, or water
connection without prior permit from the market administrator and approved by
the Municipal Mayor.

 The Municipality of Hinatuan shall not be responsible to the occupants of stalls

for any or damage caused by fire, theft, robbery, “force majeure” or any other
cause. All articles or merchandise left in the public market during closure time
shall be at the risk of the stallholder or owner thereof.

 All articles abandoned in any public market building in violation of any provisions
of this Article or any regulation or rule on the management of the market, shall be
deemed a nuisance. It shall be the duty of the Market Administrator or his
subordinates to take custody thereof. In case the articles are claimed within
twenty-four (24) hours thereafter, they shall be returned to their original owners
upon payment of actual expenses incurred in their storekeeping, unless they
have so deteriorated as to constitute a menace to public health in which case
they shall be disposed of in the manner directed by the Mayor, who may also in
his discretion, cause the criminal prosecution of the guilty party, or merely warn
him against future violation. In case where the articles have not deteriorated and
are not claimed within the time herein fixed, said articles shall be sold at public
auction, and the proceeds thereof shall be disposed in accordance with law.
Section 8F.11. Applicability Clause.
Existing laws, ordinances, rules and regulations pertaining to the public market
and its premises are hereby adopted as part of this Article.

ARTICLE G. HINATUAN SEMINAR HOUSE AND TRAINING CENTER

(OLD RHU)

Section .8G.01. Imposition of Fees.

That the following schedule of fees is hereby adopted to wit:

Use of the venue or the seminar hall by private Php 2, 000.00 per eight (8)
organization/s or individual (i.e. seminars, training, hours (maximum)
wedding receptions, anniversaries, etc

Use of the entire building including kitchen, rooms, Php 5, 500.00 per day
and other amenities by private
organizations/individual (seminars and training only)
 Bed space rental per head (air-conditioned room) Php.200.00 per day
Sleeping rooms/quarter rental (air-conditioned)
 Room A
Php 2, 000.00 per day (4
 Room B double decks)
Php 1, 400.00 per day (2
double decks + 1 bed)

Section 8G.02. Time and Manner of Payment. That payment for the use of the
training center or seminar house including the sleeping rooms/quarters shall be made
only through the Office of the Municipal Treasurer, and official government receipts/s
shall then be presented by the user or renting individual to the MEEA’s Office for
arrangement and accommodation.
Section 8G.03. Administrative Provisions.
That the following policies are hereby promulgated and adopted for the utilization of the
same, to wit;
a. The Hinatuan Seminar House and Training Center (old RHU) shall be under the
management and supervision of the Municipal Economic Enterprise
Administration including the maintenance operation and security of the same.
b. Permit from the Municipal Economic Enterprise Administrator’s Office shall be
secured first before any office of the local government will be allowed to use the
said building free of charge but concern offices shall prepare and submit a letter
request to the MEEA’s Office with its purpose and duration of the activity at least
two (2) weeks prior to the start of the said activity. “No letter request, no permit to
use” policy must be strictly observed.
c. Private organizations or individuals may be allowed to use the seminar hall or
venue subject to payment of appropriate fees agreed herein; and thereafter shall
see to it that after usage, the venue is free from damage and loss.
d. Rooms found therein for transient travelers, tourists or guest are subject for fees,
however government officials and other government functionaries invited and are
considered guests of the local government are allowed to use the area with no
charges to pay. The Office of the Local Chief Executive however shall advise the
MEEA’s Office instantly to arrange and prepare the venue.
e. The building may also be allowed to be used free of charge for any activity or
program sanctioned by the local government but upon discretion and express
authority by the Local Chief Executive.
f. Non-governmental or people’s organization/s duly recognized and accredited by
the Sanggunian and the local government are given fifty percent (50%) rebate of
the regular charge for the use of the training center.