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2011

Sangguniang Bayan

Municipality of Balete, Aklan

[CODE OF GENERAL
ORDINANCES OF BALETE
AKLAN]
[Ordinance No. C03 – 2011]
Contents
CHAPTER I ....................................................................................................................... 3
GENERAL PROVISIONS ................................................................................................ 3
Article A – Title and Scope .......................................................................................... 3
Article B – Rules of Construction................................................................................ 3
CHAPTER II....................................................................................................................... 5
PEACE AND PUBLIC ORDER ........................................................................................ 5
Article A – Public Morals............................................................................................. 5
Article B – Public Order and Safety ........................................................................... 5
Article C – Nudism in Public Places............................................................................ 6
CHAPTER III ..................................................................................................................... 6
TRAFFIC AND TRANSPORTATION.............................................................................. 6
Article A – Coverage and Definition of Terms........................................................... 6
Article B – Traffic Rules and Regulations.................................................................. 7
Article C – Tricycle and Pedicab Operations........................................................... 12
Article D – General Administrative Provisions........................................................ 15
Article E – Penal Provision ........................................................................................ 15
CHAPTER IV ................................................................................................................... 15
HEALTH AND SANITATION........................................................................................ 15
Article A – Severe Acute Respiratory Syndrome Prevention Program................. 15
Article B – Promotion of Iodized Salt ....................................................................... 17
Article C – Safeguarding of Foodstuff ...................................................................... 19
Article D – Mandatory Annual Sputum and Stool Examination ........................... 19
Article E – Cleanliness in Public Places .................................................................... 20
Article F – Regulations on Stray Animals ................................................................ 21
Article G – Mandatory Sanitary Toilet for Every Household ................................ 21
Article H – Support to PhilHealth Program............................................................. 22
Article K – PhilHealth Capitation Fund ................................................................... 23
CHAPTER V .................................................................................................................... 23
CULTURE, IDENTITY, HERITAGE AND EDUCATION ........................................... 23
Article A – The Municipal Seal of Balete.................................................................. 23
Article B – Proper Names of Public Institutions...................................................... 25
Article C – Scholarship Program .............................................................................. 25
Article D – Mandatory Pre-Marriage Counseling................................................... 27
CHAPTER VI ................................................................................................................... 29
FINAL PROVISIONS ...................................................................................................... 29
Article A – General Penal Provisions........................................................................ 29
Article B – Participation in Voluntary Community Service Program................... 29
Article C – Implementing Rules and Regulations.................................................... 30
Article D – Separability, Applicability, Repealing and Effectivity Clauses .......... 30
Code of General Ordinances – Balete, Aklan
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CODIFICATION OF GENERAL ORDINANCES
OF THE MUNICIPALITY OF BALETE, AKLAN

CHAPTER I
GENERAL PROVISIONS

Article A – Title and Scope

Section 1A.01. Title. This Ordinance shall be known as the “Balete Code of
General Ordinances of 2011”.

Section 1A.02. Scope. This Code covers relevant general ordinances enacted by
the Sangguniang Bayan of this municipality. Otherwise one may refer to the following
special ordinances, municipal codes, charters and executive issuances for general and
special subjects excluded herein:
a. Administrative Code
b. Children and Youth Welfare Code
c. Gender and Development Code
d. Environment Code
e. Investment Incentive Code
f. Balete Community College Charter
g. Market and Slaughterhouse Charter
h. Public Health and Sanitation Charter
i. Revised Revenue Code
j. CLUP and Zoning Ordinance and
k. Executive Orders

Article B – Rules of Construction

Section 1B.01. Words and Phrases. Words and phrases embodied in this Code
not herein specifically defined shall have the same meaning as found in legal dictionaries
as well as in existing laws.

Section 1B.02. Construction of Codal Provisions. In construing the provisions


of this Code, the following rules of construction shall be observed unless inconsistent
with the manifest intent of the provisions or when applied they would lead to absurd or
highly improbable results:
a) General Rule. 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 in this Code which may have acquired

Code of General Ordinances – Balete, Aklan


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a peculiar or appropriate meaning shall be construed and understood according
to such technical, peculiar or appropriate meaning.
b) Gender and Number. Every word importing the masculine gender as well as
the words “he/she”, “his/her” and “him/her” shall extend to both male and
female. Every word importing the singular number shall extend and apply to
several persons or things as well; and every word importing the plural number
shall extend and apply also to one person or thing.
c) Computation of Time. The time within which an act is to be done as provided
in this Code, or in any rule or regulation issued pursuant to the provisions
thereof, when expressed in days shall be computed by excluding the first day
and including the last day, except when the last day falls on a Sunday or
holiday, in which case the same shall be excluded from the computations and
the next business day shall be considered the last day.
d) Tenses. The use of any verb in the present tense shall include the future
whenever applicable. The words “shall have been” shall include past and future
cases. The use of the word “shall” in this Code means the act being required to
be done is mandatory, whereas when the word “may” is used it means
permissive.
e) References. All references to “Chapters”, “Articles”, or “Sections” are to
chapters, articles or sections in this Code unless otherwise specified.
f) Conflicting Provisions of Chapters. If the provisions of different Chapters
conflict with or contravene each other, the provisions of each chapter shall
prevail as to all specific matter and questions involved therein.
g) Conflicting Provisions of Sections. If the provisions of different sections in the
same chapter conflict with each other, the provision of the section which is last
in point of sequence shall prevail.

Section 1B.03. Amendment and Integration of Additional Provisions. Any


amendment on this Code may be introduced to the chapter, article or section concerned.
All ordinances or provisions thereof enacted subsequent to the date of effectivity of this
Code shall be complied in such a way as to bear the corresponding chapter, article or
section to which such ordinance or provision pertains. Such new provisions shall be
integrated into the corresponding chapter, article or section whenever a new printing or
reproduction of this Code is undertaken upon authorization of the Sanggunian.

Section 1B.04. Existing Rights. No right accrued, action or proceeding


commenced before the effectivity of this Code shall be adversely affected by any
provisions hereof. Thereafter, all procedures or actions to be taken shall conform to the
provisions of this Code whenever possible.

Section 1B.05. Reference to Code. Whenever reference is made to any portion of


this Code, such reference shall apply to all amendments and additions now or may
hereafter be introduced.
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Section 1B.06. Effect of Headings. The Chapter, Article and Section headings do
not in any manner affect the scope, meaning or intent of the provisions contained in this
Code.

Section 1B.07. Relation to Prior Ordinance. The provisions of this Code even if
they are substantially the same as that of previous or existing ordinances particularly
when dealing with the same subject matter shall be construed as new enactments
rendering prior ordinances either as repealed or amended.

CHAPTER II
PEACE AND PUBLIC ORDER

Article A – Public Morals

Section 2A.01. Consumption of Alcoholic Beverages in Public Places. All


public places in the Municipality of Balete shall be freed of sights offensive to public
morals. As such, it shall see to it that consumption of liquor and alcoholic beverages in
public places shall be prohibited and the selling of the same thereof shall hereby be
regulated.

Section 2.A.02. Definition of Terms. For the purpose of this ordinance the
following shall mean:

Public places shall include, parks and plaza, market places, cemeteries, schools,
streets, Multi-purpose Pavements and vicinities of public building.

Liquors and other alcoholic beverages shall include beers, gins, tuba (coconut or
nipa, buri palm wines), rums, whiskeys, brandies and other fermented or distilled
beverages.

Section 2.A.03. Scope. Store/vendors near public places are covered by this
provision and are regulated as specified herein and enjoined to refrain from selling
alcoholic beverages to any person whom they supposed to consume the same within the
restricted areas.

Article B – Public Order and Safety

Section 2B.01. Vandalism. Vandalizing and/or willful destruction of any public


structure, tree and/or ornamental plant under the care of the local government of this
municipality shall be prohibited.
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Section 2.B.02. Scope. Parents, teachers and persons of authority are enjoined to
disseminate and explain to their children, students and wards the contents of this
prohibition.

Section 2.B.03. Deputized Officers. The Philippine National Police Stationed in


this town shall be deputized to enforce this article.

Section 2.B.04. Selling and Storage of Firecrackers. Firecrackers, such as,


Bawang, Atomic Bomb Junior and other big firecrackers classified as dynamites or
explosives under the revised Fire Code of the Philippines (RA 9514) shall be regulated
accordingly.

Section 2.B.05. Rule of the LGU in Implementing RA 9514. The provisions of


the Revised Fire Code of the Philippines (2008) otherwise known as RA 9514 and its
Implementing Rules and Regulations, and more particularly Rule 7, Section 7.01.2
thereof are hereby adopted and complied with.

Article C – Nudism in Public Places

Section 2.C.01. Regulated Acts. It shall be unlawful for any person to appear nude
in any place open to the public within this municipality.

Section 2C.02. Rules and Regulations. No operator of any showhouse, day or night
club, bar or cocktail lounge shall allow or permit any person to perform nude in any kind
of stage play, stage show, or stage exhibition in his/her establishment.

Section 2C.03. Penalty. Any person who violates any provision of this Article shall
be punished by a fine of not more than Five Hundred (P500.00) or imprisonment of not
more than fifteen (15) days, or both fine and imprisonment, at the discretion of the Court.

CHAPTER III
TRAFFIC AND TRANSPORTATION

Article A – Coverage and Definition of Terms

Section 3.A.01. Coverage- This chapter (Ord. No. 012-20110) shall cover all
types of motor vehicles either land or water-based and pedicabs operating and/or passing
within the territorial jurisdiction of this municipality.

Section 3.A.02. Definition of Terms – As used in this chapter


a. Emergency Parking or Parked – shall mean that a motor vehicle is brought to
a stop for a period of time on the shoulder or proper edge of a highway due to
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unforeseen circumstances that require the driver/motorist to perform
immediate and urgent troubleshooting.
b. Highways – shall mean any and every public thoroughfare, but shall not
include roadway upon grounds owned by private persons, churches, or other
similar institutions;
c. Lane Splitting – shall mean using or sharing a lane already occupied by one
vehicle by another vehicle such as a motorcycle or scooter in a road or
highway
d. Market Day – shall refer to Saturday morning from 5:30 a.m. to 12:00 noon;
e. Parking or Parked – shall mean that a motor vehicle is “parked” parking” if it
has been brought to a stop on the shoulder or proper edge of a highway, and
remains inactive in that place or close thereto for an appreciable period of
time (10 minutes to six hours). A motor vehicle which properly stops merely
to discharge a passenger or to take in a waiting passenger, or to load or unload
a small quantity of freight with reasonable dispatch shall not be considered as
“parked”, if the vehicle again moves away without delay.
f. Pedicab – shall mean any three-wheeled passenger vehicle, which the driver
propels by pedaling and usually with the cab attached to the main cycle at the
right side.
g. Prolonged Parking – shall be taken as the parking of the same vehicle in the
same place or close thereto for a period of more than six hours;
h. Special Days – shall refer to those days set aside for specials occasions such
as Town fiesta, Sports festivals, civic parades, religious processions, and other
similar activities that draw the crowd
i. Vehicles – shall include all types of motor vehicles either two-wheeled or
otherwise propelled by any power other than muscular power using the public
highways, but excepting road rollers, trolley cars, streetsweepers, sprinklers,
lawn mowers, bulldozers, graders, fork-lifts, amphibian trucks, and cranes if
not used on public highways, vehicles which run only on rails or tracks, and
tractors, trailers and traction engines of all kinds used exclusively for
agricultural purposes.

Article B – Traffic Rules and Regulations

Section 3.B.01. General Provisions – The following provisions shall be observed


in the implementation of this chapter (Ord. No. 012-20110).
a. Municipal Streets
a.1. Through Streets
The stretches of Bernardo J. Rodriguez Street and that of Miguel F. Calizo
Street shall be regarded as “through streets” while the entire Teodoro F. Calizo
Avenue shall be the “through highway” in the Poblacion area.

a.2. One Way Streets (On Market and declared Special Days)
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a.2.1. One way route to public market include the entire Jose F. Cortes to
Miguel F. Calizo Street, turn left to Jose O. Barrios Street and exit to
T.F. Calizo Ave.
a.2.2. The stretch of B.J. Rodriguez St. between J.F. Cortes St. and J.O.
Barrios St. is a one way street with its entry at J.F. Cortes St.
a.3. No Entry
a.3.1. Vehicles coming from T.F. Calizo Ave. shall not enter Jose O. Barrios
St. during market days and special days
a.3.2. Vehicles coming from J.O. Barrios St. shall not enter B.J. Rodriguez
St. during market and special days
a.4. No Left/Right Turn
a.4.1. Vehicles coming from B.J. Rodriguez St. shall not turn right to J.O.
Barrios St. during market and special days
a.4.2. Vehicles coming from M.F. Calizo St. and B.J. Rodriguez St. shall not
turn left to J.F. Cortes St. during market and special days
a.4.3. Vehicles coming from Veterans St. shall not turn left to M.F. Calizo
St. during market and special days
a.5. Total Truck Ban
a.5.1. Delivery Trucks/Vans are prohibited from entering the route J.F.
Cortes St to M.F. Calizo to J.O. Barrios St. on Saturdays and special market
days the entire morning thereof.
a.5.2. 8-tonner Trucks/Vehicles and up are prohibited from entering all
Barangay Roads and Municipal Streets within the area of jurisdiction of the
Balete.

b. Zones – for the purpose of systematically implementing this ordinance and


without prejudice to the Zoning Ordinance of Balete, the following areas are
hereby declared as follows
b.1. School Zones – all public roads/streets in Balete passing through schools
and daycare centers
b.2. Other Institutional Zones – all public roads/streets in Balete passing
through the Town Hall, PNP Station, Post Office, RHU, DAR, Barangay Halls,
MPP’s, Civic Center, BFP Office, Municipal Library, Youth Center, Cemetery and
similar institutions
b.3. Commercial/Market Zones – the entire stretch of J.O. Barrios St. and all
other streets/roads passing through public markets and talipapa’s.

c. Areas
c.1. Parking Areas – the designated parking areas for all types of vehicles are
as follows:
c.1.1. For Public Utility Vehicles (Jeepneys) plying the route Kalibo-Balete
and vice versa – the vacant area located north-west of the Municipal
Cemetery, Barangay Cortes
c.1.2. For Garage to Terminal Vehicles (L300 Vans) plying the route
Kalibo-Balete and vice versa – the vacant lot located besides the Payag
Restaurant, fronting the Town Plaza (Rizal Park)
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c.1.3. For Tricycles for Hire (on ordinary days)
(a) Aranas – Poblacion Route, queue at B.J. Rodriguez St. with the first in
line stationed at J.O. Barrios St. five meters from the street corner at
T.F. Calizo Ave.
(b) Aranas Centro – Anao/Sumaeagi Routes, queue at the road shoulder,
Anao FMR corner National Road
(c) Arcangel – Poblacion Route, queue at the road shoulder of Balete-
Libacao Provincial Road with the first in line stationed beside the
road shoulder of the National Road approaching the Balete Bridge
(d) Bang-bang – Arcangel Norte Route, queue at the road shoulder of
Arcangel Norte Barangay Road corner National Road
(e) Calizo – Poblacion Route, queue at the road shoulder of Calizo
Barangay Road corner National Road
(f) Cortes-Poblacion Route, queue at the road shoulder of Cortes-
Guanko-Oquendo Barangay Road corner National Road
(g) Feliciano – Fulgencio Sur Route, queue at the road shoulder of
Fulgencio Barangay Road corner National Road
(h) Highway-Fulgencio Norte Route, queue at the road shoulder of the
Fulgencio-Camaligan Provincial Road corner National Road
(i) Morales – Poblacion Route, queue at the road shoulder of Balete-
Libacao Provincial Road with the first in line stationed beside the
road shoulder of the National Road approaching the Balete Bridge
c.1.4. Parking Set up during Market and Special Days
(a) For Tricycles for Hire – a pre-designated area for TC service
covering all routes shall be marked along J.O. Barrios St. facing the
Balete Public Market
(b) For Private Vehicles (those owned by Bolante/Vendors) – a lane of
the B.J. Rodriguez and M.F. Calizo Sts. from J.F. Cortes to Antonio
F. Cortes Sts. shall be allocated for as the parking area thereof
(c) For Private Vehicles (those owned by Consumers and persons other
than the vendors/bolante) – a lane of the B.J. Rodriguez and M.F.
Calizo Sts. From J.F. Cortes to J.O. Barrios Sts. shall be allocated for
as the parking area thereof
(d) For Delivery Vehicles other than Delivery Vans – a lane of the M.F.
Calizo St. from J.F. Cortes to Saint Rafael Sts.
c.1.5. Exclusivity of Parking Areas - No driver shall park a vehicle in the
respective designated parking areas other than those types identified per
Sec. 4.1.c.1. hereof.
c.1.6. Emergency Parking on Road Shoulders – Any driver who for
emergency reasons shall park a vehicle on municipal streets and road
shoulders may be tolerated for the first eight hours, otherwise, he/she shall
be charged with a fine at a rate of Php. 20.00 per hour.
c.2. No Parking/Loading/Unloading Areas
c.2.1. No driver shall park a vehicle, or permit it to stand, whether attended
or unattended, upon a highway in any of the following areas:
(a) Within an intersection
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(b) On a crosswalk
(c) Within six meters of the intersection of curb lines
(d) Within four meters of the driveway entrance to a fire station
(e) Within four meters of fire hydrant
(f) In front of a private driveway
(g) On the roadway side of any vehicle stopped or parked at the curb or
edge of the highway
(h) At any place where official signs have been erected prohibiting
parking, loading or unloading.
c.2.2. Prolonged parking along the municipal streets and their shoulders is
strictly prohibited.

c.3. Administrative Provisions on Parking of For-Hire-Tricycles and


Motorcycle with Backseat Extension. Tricycles shall be parked together in one
area while motorcycles with backseat extension shall be parked in another area
nearby. Provided finally, that in the designated parking areas, the following shall
be strictly observed, viz:

c.3.1. Tricycles shall have the priority to pick up short distance


passengers. Only in the absence of tricycles in the parking areas can
single motorcycles pick up these passengers, in the first come first serve
basis or in the order of their line;
c.3.2. Single motorcycles shall, as far as practicable, pick up only
passengers of upland and remote destinations;
c.3.3. A dispatcher duly designated by the associations of tricycle and
motorcycle drivers shall man and direct the flow of passengers and
monitor the trip and dispatch of all motorcycles and tricycles in the
designated parking areas, and whose compensation shall be fixed by the
association;

Section 3.B.02. Restrictions on Speed Limit - The uniform speed limit for
nationwide application as provided under Sec. 35, Article I, Chapter IV of R.A. No. 4136
is hereby incorporated as part of this code, viz.:

“Section 35. Restriction as to speed. – (a) Any person driving a motor vehicle
on a highway shall drive the same at a careful and prudent speed, not greater not
less than is reasonable and proper , having due regard for the traffic, the width of
the highway, and or any other condition then there existing, and no person shall
drive any motor vehicle upon a highway at such a speed as to endanger the life,
limb and property of any person, not at a speed greater than to permit him to bring
the vehicle to a stop within the assured clear distance ahead.

“(b) subject to the provisions of the preceding paragraph , the rate of speed
of any motor vehicle shall not exceed the following:

MAXIMUM ALLOWABLE Passengers Motor trucks


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SPEEDS Cars and Motorcycles and buses
1. On open country roads, with 80 km. per hour 50 km. per hour
no “blind corner” not closely
bordered by habitations

2. On “through streets” or 40 km. per hour 30 km. per hour


boulevards, clear of traffic, with
no “blind corners,” when so
designated

3. On city and municipal 30 km. per hour 30 km. per hour


streets, with light traffic when
not designated “through
streets”
4. Through crowded streets 20 km. per hour 20 km. per hour
approaching intersections at
“blind corners”, passing school
zones, passing other vehicles
which are stationery, or far
similar dangerous
circumstances

“(c) The rates of speed hereinabove prescribed shall not apply to the
following:
(1) A physician or his driver when the former responds to emergency
calls;
(2) The driver of a hospital ambulance on the way to and from the place
of accident or other emergency;
(3) Any driver bringing a wounded or sick person for emergency
treatment to a hospital, clinic, or any other similar place;
(4) The driver of a motor vehicle belonging to the Armed Forces while
in use for official purposes in times of riots, insurrection or invasion;
(5) The driver of a vehicle, when he or his passengers are in pursuit of a
criminal;
(6) A law-enforcement officer who is trying to overtake a violator of
traffic laws; and
(7) The driver officially operating a motor vehicle of any fire
department, provided that exemption shall not be construed to allow
unless or unnecessary fast driving of drivers aforementioned.”

Section 3.B.03. Other Prohibited Acts – The following acts shall be considered
prohibited and punishable with specified fines, viz.:
a. Driving without valid license
b. Disregarding traffic signs

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c. Refusal to convey passengers and overcharging
d. Conveying passengers over the rated capacity of the vehicle
e. Conveying passengers by tricycles and motorcycles without the required
franchises and/or registration stickers
f. Plying out of line
g. TCH unit drivers driving without wearing their proper uniform
h. Speeding and overtaking within the designated school zones
i. Driving a vehicle while under the influence of liquor or drugs
j. Disregarding, obstructing, following or racing with emergency vehicles using
sirens
k. Weaving in and out of traffic lanes and lane splitting
l. Cutting and stopping suddenly
m. Tailgating (driving too close behind other vehicles)
n. Overtaking and passing at intersections, or curves, hills or bridges
o. Overtaking and passing a long line of curves on a two-way street
p. Overtaking and passing on the right shoulder of the road
q. Driving on the wrong side of the street and against the flow of traffic,
especially in one way street
r. Driving at night without using driving lights
s. Cutting to soon after passing
t. Double-parking
u. Loading and unloading in the middle of the road
v. Allowing passengers to ride on running boards, step boards, mudguards and
top loads
w. Driving motorcycle without protective helmet
x. Using cellular phones or other gadgets while driving
y. Using of horn or signaling device and car stereo emitting an exceptionally
loud, startling, or disagreeable sound
z. Using by any other than those authorized emergency vehicles of bells, sirens,
or exhaust whistle
aa. Driving in attire offensive to public morals
bb. Driving vehicles without muffler

Article C – Tricycle and Pedicab Operations

Section 3.C.01. Operation of Tricycle-for-Hire -- The following provisions


shall govern the operation of tricycle-for-hire in the municipality:
a. Only Filipino citizens or corporations with sixty percent (60%) Filipino
equity are qualified to be operators of tricycles–for-hire and pedicabs-for-hire.
b. No tricycle-for-hire or pedicab-for-hire, either for passenger or for cargo or
both, shall be operated in this municipality without a Motorized Tricycle Operator’s
Permit (MTOP) or Pedicab Operator’s Permit (POP) from the Sangguniang Bayan
and a corresponding permit from the Office of the Mayor under the Municipal
Revenue Code.
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c. Application forms shall be secured from and filed with the Office of the
Secretary to the Sangguniang Bayan together with the required supporting
documents.
d. MTOP shall be granted on the condition that the applicant shall cause the
registration of his unit/s as Tricycle/s-for-Hire with the Land Transportation Office
(LTO) within 30 days upon the granting thereon and furnish thereafter the Office of
the Secretary to the Sanggunian with a photocopy of the registration papers together
with the other pertinent documents which may be required of him/her.
e. Operators shall only employ drivers who are duly licensed by the LTO for
tricycles–for-hire.
f. An application for a Motorized Tricycle Operator’s Permit (MTOP) may be
filed any time of the year using the appropriate franchising forms and submitted
together with the other documents listed hereunder:
f.1. Proof of Ownership (Original Purchase Receipt, Deed of Sale, Deed of
Conditional Sale or Registration Papers);
f.2. Community Tax Certificate;
f.3. Proposed route/s with corresponding rates;
f.4. Valid registration papers from the LTO for the units to be used;
f.5. A duly certified photocopy of a common carrier’s insurance certificate
sufficient to answer for any liability to passengers and third parties in
case of accidents;
f.6. A picture of the applicant beside his/her tricycle for easy determination
of its usage;
f.7. Road worthiness certification from the Balete PNP station; and
f.8. Affidavit of the applicant stating that his/her tricycle will be driven only
by a person with a Professional Driver’s License.
g. No tricycle-for-hire shall be operated without a silencer attached to its
exhaust system.

Section 3.C.02. Operation of Pedicab-for-Hire – The following provisions shall


govern the operation of pedicabs-for-hire in the municipality:
a. An application for a Pedicab Operator’s Permit [POP] may be filed any
time of the year using the appropriate franchising forms and submitted
together with the other documents listed hereunder:
a.1. Proof of Ownership (Original Purchase Receipt, Deed of Sale, Deed
of Conditional Sale or Affidavit of Ownership)
a.2. Community Tax Certificate
a.3. Proposed route/s with corresponding rates
a.3.1. A picture of the applicant beside his/her pedicab for easy
determination of its usage;
a.3.2. Road worthiness certification from the Balete PNP Station;
and
a.3.3. Affidavit of the applicant stating that his/her pedicab/s will be
driven only by persons not less than eighteen (18) years old.
b. No person shall drive a pedicab-for-hire in this municipality unless he/she
is at least eighteen (18) years old.
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c. Pedicab-for-hire units shall be equipped with the following safety devices:
c.1. Warning Devices. Pedicab operators should install bicycle horns,
ringers or equivalent warning devices in their respective units.
c.2. Reflectorized stickers shall be installed at the front and back portions
of pedicab units to enhance nighttime visibility. Battery-operated
electronic flashers may also be installed on pedicabs as additional
nighttime safety devices.

Section 3.C.03. Administrative Provisions on Tricycles and Pedicab


Operations.
a. MTOP and POP applications endorsed by the Board to the Sangguniang
Bayan may be reported out and sponsored by the Committee on
Transportation during any regular session or a special session called
for this purpose.
b. A Motorized Tricycle Operator’s Permit (MTOP) or a Pedicab Operator’s
Permit (POP) shall be valid for a period of three (3) years.
c. An operator wishing to stop service completely, or to suspend service for
more than one month, should report in writing such suspension or
termination to the Board.
d. A Motorized Tricycle Operator’s Permit (MTOP) or a Pedicab Operator’s
Permit (POP) is non-transferable whenever there is change of
ownership. Such change of ownership shall be construed as an
amendment thereto and any amendment shall require appropriate
approval from the Sangguniang Bayan upon the recommendation of
the Board.
e. If the new owner opts to apply for a new franchise, the unit’s previous
franchise shall be deemed automatically cancelled upon the issuance
of a new franchise.
f. The Balete Franchising and Regulatory Board, in coordination with the
PNP, shall conduct seminars on road safety and traffic rules and
regulations for pedicab and tricycle drivers at least once every six
months. After each seminar, the Board may issue identification cards
to participating pedicab drivers, the cost of which shall be borne by the
concerned individuals.
g. Operators and drivers of all tricycle-for-hire and pedicab-for-hire are
required to install at least two (2) garbage receptacles in their vehicles
– one (1) for biodegradable and one (1) for non-biodegradable solid
waste. The color scheme and usage designation of the said receptacles
shall be in accordance with the guidelines set forth by the Solid Waste
Management Board of this municipality.
h. Tricycles and pedicabs intended for private or personal use should be
registered with the Office of the Mayor and should display
conspicuously a “NOT-FOR-HIRE” or “PRIVATE” sign at the front
and back portions of their sidecars.
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14
Article D – General Administrative Provisions

Section 3.D.01. All fines shall be paid to the Municipal Treasurer within 24 hours
upon being cited for violation thereof.

Section 3.D.02. The Municipal Treasurer shall devise a system of collection of


fines to enable the apprehending officers to receive incentives thereof representing 10%
of the day’s collection.

Section 3.D.03. The remaining 90% thereof shall be credited as income of the
Local Government Unit per accounting and auditing rules and procedures.

Section 3.D.04. To observe and preserve public decency, there shall be a standard
uniform of blue t-shirt for jeepney drivers and their conductors, and red chalice for
motorcycle and tricycle drivers while operating and plying their routes within the
municipality of Balete.

Section 3.D.05. Ordinance Officers. The Balete Station PNP personnel and/or
the authorized Municipal Auxiliary Police of the Balete shall be designated as ordinance
officers to see to it that this ordinance is properly imposed.

Article E – Penal Provision

Section 3.E.01. For violation of any prohibited acts as prescribed in Section


3.B.03, violators shall be cited with a ticket of Php. 100.00 for the first offense; Php.
200.00 for the second offense; and Php. 500.00 for every offense committed thereafter

Section 3.D.02. For violation of any regulated acts as prescribed in Sections.


Section 3.B.01, Section 3.B.02, Section 3.C.01, Section 3.C.02 and Section 3.C.03.
hereof the violators shall be fine of no less than One Hundred Pesos (P100.00) but not
more that Two Thousand Five Hundred Pesos (P2,500.00) or the imprisonment for a
period not exceeding six (6) months, or both such fine and imprisonment at the discretion
of the court.

CHAPTER IV
HEALTH AND SANITATION

Article A – Severe Acute Respiratory Syndrome Prevention Program

Section 4.A.01. Definition of terms – For purposes of this chapter, the terms hereunder
mentioned shall be defined as follows:
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15
a.) SARS – Severe Acute Respiratory Syndrome also known as a typical pneumonia. It
is caused by a new form of corona virus, related to the virus which causes flu. A
confirmed case of SARS is one who has a fever of more than 38˚c, develops body
weakness, and respiratory signs and symptoms like cough, sore throat and shortness of
breath and had travel to SARS infected countries or had close contact with a confirmed
SARS victim. A suspected case is one who has lived with, cared for, or closely worked
with a confirmed case and who also develops cough, sore throat and shortness of breath.

b.) Quarantine – Detention or isolation for the purpose of preventing the spread of
epidemic disease.

Section 4.A.02. Quarantine of Suspected SARS Victim – Pursuant to Executive


Order 201 of the President, any individual who is identified or determined by the DOH of
the local health officials to be suffering from the symptoms of the SARS virus, shall be
required to undergo testing and be quarantined in either the San Lazaro Hospital in
Manila or the Research Institute for Tropical medicine in Muntinlupa or in such other
places/institutions that may be designated as quarantine areas by the DOH or the Local
Health Officials until such time that the DOH issues a SARS negative clearance.

All family members and/or other persons who have been in contact with the suspected
SARS victim shall be required to undergo home confinement or be quarantined in
places/institution as may be designated quarantine areas by the DOH or the Local Health
Authorities until such time that the DOH issues a SARS negative clearance.

While under quarantine, suspected SARS victim shall be prevented from making
personal contact with other individuals except the medical personnel treating them, until
a SARS negative clearance is issued for their discharge from quarantine.

For the effective implementation of this provisions, the Municipal Mayor may call on
the local PNP to ensure that the above persons shall remain in quarantine or in their area
of confinement until the necessary clearance is issued by the DOH.

Section 4.A.03. Other Preventive Measures Against the Spread of SARS – In order
to prevent the entry and spread of SARS in the community Municipal Mayor shall adopt
measures against the spread of SARS to include but not limited to the following.

a. The conduct of massive information drive to raise the consciousness of the


constituents on SARS and how it could affect their day-to-day activities.

The information drive may be in the form of fliers, leaflets, and other information
materials on SARS prevention for distribution to the public through the help of Barangay
Health Workers, and other officials and members of the Barangay, public and private
School Teachers, officials and members of the Sangguniang Kabataan, and members of
non-government organization in the area.
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16
b. Mandatory requirement to all owner/proprietors/administrators of private
establishments, including private hospitals, to formulate their own safety measures to
protect their employees and the general public from the threat brought about by
SARS and inform the Municipal Government of their SARS prevention plan.

c. The conduct of clean-up drive in the barangays, regularly but not less than once a
week to include households, esteros. Rivers and riverbanks, drainage, streets, alleys
pathways and other public places. All Barangay officials shall be required to take the
lead in the massive clean-up operation in the barangays.

The Municipal Mayor may promulgate or issue such other rules and regulations
consistent with this Ordinance.

Section 4.A.04. Funding – The appropriate funding needed for the


implementation of this article shall be taken from the funds of the Municipality, the
Calamity Fund of the Municipality may be utilized subject, however, subject to existing
guidelines prescribed under the rules and regulations and other issuances implementing
Republic Act No. 8185, governing the allocation and utilization of the local calamity
fund.

Section 4.A.05. Sanctions – Any persons who violate the requirements for home
confinement as provided for in the second paragraph of Section 4.A.02 hereof, shall be
subject to forced confinement in any of the quarantine areas designated by the DOH, until
the necessary clearance is issued by the latter.

Article B – Promotion of Iodized Salt

Section 4.B.01. Regulated Acts. RA 8172, An Act Promoting Salt Iodization


Nationwide, is hereby locally implemented and monitored within the jurisdiction of this
municipality.

Section 4.B.02. Definition. For purpose of this article the following terms shall
mean:

a. Micronutrient malnutrition - a disorder resulting from deficiencies in vitamin A,


iron, iodine and other micronutrients that the body needs in minute quantities
everyday.

b. Iodine Deficiency Disorders – a broad spectrum of deficiencies resulting from


lack of iodine in the diet which leads to the reduction of intellectual and physical
capacity affecting everyone who is iodine-deficient and may manifest as goiter,
mental retardation, physical and mental defects, and creatinism.

c. Food Fortification – the addition of nutrients to processed foods at levels above


the natural state.
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d. Salt Iodization – the addition of iodine to salt intended for human or animal
consumption in accordance with specifications as to form, fortificant, method,
manner and composition as may be prescribed by the BFAD.

e. Food Grade Salt – salt for human and animal consumption as distinguished from
industrial salt.

f. Food Establishments – all food outlets, restaurants, carinderia, bakeries, catering


firms, refreshment parlors, canteen or stores where food is being served or sold.

Section 4.B.03. Purpose. This ordinance seeks to contribute to the elimination of


micronutrient malnutrition in the municipality, particularly iodine deficiency disorders by
requiring food fortification by the use of iodized salt by all food establishments in the
municipality thereby protecting and promoting the health of the people.

Section 4.B.04. Applicability. This ordinance shall apply to all food establishments,
outlets, restaurants, carinderia, bakeries, catering firm, refreshments parlor, canteens or
store where food is being served or sold.

“All food manufacturers, meat and/or fish processors using food grade salt are
required to use iodized salt in the processing of their products.

“All food establishments, restaurants, vendors and stores are hereby required to
make available to customers only iodized salt.

Section 4.B.05. Monitoring. The Municipal Health Officer or its duly authorized
representatives are required to monitor and check all food establishments in the
compliance of this ordinance as well as the quality of food-grade salt being sold in the
market.

Section 4.B.06. Public Information. The benefits and rationale of the use of
iodized salt shall be adequately promoted and disseminated through the DOH as lead in
cooperation and coordination with DepEd, Barangay Councils, etc.

Section 4.B.07. Penalty Clause. Any person, whether natural or juridical, who
violates any of the provisions of this article shall be punished with a fine of not less than
One Thousand Pesos (P1,000.00); provided however, that if the violation is committed by
an officer, director or member of a business and a juridical entity acting beyond the scope
of his authority, such officer, director or member responsible therefore shall be personally
liable for the fine; provided further, that such violator shall suffer a revocation of its
business permit and/or a ban of its product from the market; provided finally, that the
imposed and collected fines shall be remitted to the Bureau of Foods and Drugs for its
use in the implementation of the ASIN Law.
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18
Article C – Safeguarding of Foodstuff

Section 4.C.01. Regulated Acts. Individuals engaged in the selling or


manufacturing of food or foodstuffs are hereby required to provide covers, wrappers,
screens or any devices to safeguard their products from any possible contamination.

Section 4.C.02. Definition. As used in this article:

“Manufacturing” includes every process, whether physical or chemical to effect


for the alteration of the quality of any raw material or manufacture or partially
manufactured products so as to reduce it to marketable shape or prepare it for the purpose
of its sale or distribution to other and not for the manufacturer’s own consumption.

“Selling” means trading or regularly engaging in commercial activity as a means


of livelihood or with a view to profit.

“Cover” a sanitized accessory that can be used to protect or spread over the
products so as to expose it to the elements.

“Wrapper” a sanitize veil, plastic or paper that can be used to wrap around to
handle food such as banana-cue, barbecue, bitso-bitso, casaba fudge, hotcake, etc.

“Screen” any of the fabricated devices made of plastic or wire that can be fitted
to protect viands from insects.

“Any device” includes any fabricated accessories that can be used to safeguard the
commodities from possible contamination.

Section 4.C.03. Monitoring. The Municipal Health Officer or his/her duly


authorized representatives are required to monitor and check all food establishments in
the compliance of this article.

Section 4.C.03. Penalty. Violation of this article shall be punishable by a fine of


not less than Fifty (P50.00) pesos, but not exceeding One Hundred (P100.00) pesos, or an
imprisonment of not less than ten (10) days, but not exceeding One (1) month, or both at
the discretion of the court.

Article D – Mandatory Annual Sputum and Stool Examination

Section 4.D.01. Regulated Acts. a. Individual engaged in an occupation or


working in an establishment, the nature of which engages her/him to have direct contact
with clients/customers is hereby required to undergo sputum and stool examinations once
a year.
Code of General Ordinances – Balete, Aklan
19
b. Operators of establishment shall be required to disclose the number of their
employees and shall see to it that they possess the necessary Medical Certificates
before allowing to work.

Section 4.D.02. Definition. As used in this article:

“Operators” include the owners, proprietors, managers, administrators or any


persons who operate or are responsible for the operation of a business establishment or
undertaking.

Section 4.D.03. Administrative Provision. The Municipal Health Officer shall


keep a record of physical and other health examinations conducted and the copies of the
medical certificate issued, including the names of individuals, the dates and the purposes
for which the examinations were made.

Section 4.D.04. Penalty. Violators of any of the provisions of this article shall be
punished for the first offense by a fine of Fifty (P50.00) Pesos; One Hundred (P100.00)
Pesos for the second offense; and the revocation of medical certificate for the third
offense.

Article E – Cleanliness in Public Places

Prefatory statement. The Environment Code of the Municipality (Ord. No. 005-
2005) ordains comprehensive provisions on Solid Waste Management. The herein
provisions sought to complement what are already mandated in the said Environment
Code.

Section 4.E.01. Anti-Littering Regulations. . Littering is strictly prohibited in


this municipality.

Section 4.E.02. Definition of Terms. For purposes of this article the terms used
herein shall refer to the following or shall have the following meaning:

a. Litter-refers to garbage which could be biodegradable or not;


b. Littering-the act of scattering or throwing garbage outside receptacles;
c. Public Plaza- shall refer to places generally used by the public such as streets,
plaza, environs of public buildings and schools.
d. Inland bodies of Water-shall refer to rivers, creeks and streams generally used for
public navigation, washing and hygiene.
e. Receptacles- refer to boxes made of any materials where garbage is placed by the
public.

Section 4.E.03. General Provisions. a. Household or houses within the Poblacion


and its immediate environs to include Sitio Bantayan and Naspasan shall place their
garbage in garbage plastic bags or sacks and deposit them in receptacles that maybe
provided for collection by the garbage disposal team of the municipality. Household
Code of General Ordinances – Balete, Aklan
20
outside these areas referred to above shall either dig a garbage pit or a common pit for
their garbage.

b. In no instance shall garbage be thrown at or in the inland bodies of water


of the municipality especially the Jal-o River that traverses the Poblacion.

c. Households or houses abutting the Jal-o River from Sitio Naspasan to


Sitio Mapait shall maintain individual septic tanks or pit privy whichever is
affordable and in no case shall its effluent be drained or discharged onto the ground
surface or towards the river or body of water. Likewise pigsties shall be prohibited
within the poblacion and other declared residential areas and the banks of rivers,
creeks and streams.

Section 4.E.04. Penal Provision. Any person violating this ordinance shall be meted the
following fines:
First Offense P100.00
Second Offense P150.00
Third Offense P300.00 and/or an imprisonment of no less than one day
and not more than three (3) days or both upon the discretion of the courts.

Article F – Regulations on Stray Animals

Section 4.F.01. Regulated Acts. For sanitary reasons, straying of Hogs, swine
and pets inside the Public market, the Municipal Plaza and other public places is
prohibited;

Section 4.F.02. General Provisions. a. Any stray hogs, swine and pets found
inside the Market Public Plaza shall be confiscated and brought to the Municipal
Impounding Center for proper disposition;

b. Confiscated hogs, swine and pets not claimed within Thirty Six (36) hours shall
be forfeited and sold at public auction, the proceeds of which shall inure to the Municipal
Government;

Section 4.F.03. Penal Provision. Owners of stray animals thus confiscated shall
for the first offense, be finished Twenty Pesos (P20.00), Fifty Pesos (P50.00) for the
second offense with a stern warning that if their animals be caught for the third time, the
same shall be forfeited in favor of the Municipal Government.

Article G – Mandatory Sanitary Toilet for Every Household

Section 4.G.01. All house owners or occupants therein within the Municipality of
Balete are obliged to provide themselves with Sanitary Latrine or other system duly
approved by the Sanitary Inspector.
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21
Section 4.G.02. Failure to comply with the above ordinance is penalized with the
fine of P200.00 and not more than P1,000.00 and imprisonment of not less than 20 and
not more than 30 days or both under the discretion of the court.

Article H – Support to PhilHealth Program

Section 4.H.01. Regulated Acts. This chapter covers the enabling ordinance
adopting, supporting and implementing in this municipality the National Health
Insurance Program (NHIP) and its governing rules as set forth in R.A. 7875, as amended
by R.A. 9241, and its revised implementing rules and regulations (Ord. No. 08-2006).

Section 4.H.02. Authority and Purpose. As provided for in Article II, Section
15 of the Philippine Constitution which declares that the “State shall protect and promote
the right to health of the people and to instill health consciousness among them,” and
Article XIII, Section 11 further states that the State shall adopt an integrated and
comprehensive approach to health development which shall endeavor to make essential
goods, health, and other social services available to all the people at affordable cost.
There shall be priority for the needs of the underprivileged, sick, elderly, disabled,
women and children.

Section 4.H.03. Undertakings of the Municipality. a. The municipal


government is mandated to adopt and/or continue its support to the NHIP and its
governing rules and regulations as set forth in R.A. 7875, as amended by RA 9241, and
its Revised Implementing Rules and Regulations. Such support shall include active
advocacy for NHIP participation by private and non-government organizations within its
territorial jurisdictions, mandating compliance to NHIP rules by entities required to
obtain LGU permits/licenses, and the setting up of revolving funds for medicines in
owned or managed hospitals, as may be warranted under existing rules/guidelines or
similar future arrangements and/or NHIP issuance;

b. Grant of authority to the Mayor to enter into any favorable modification of the
MOA with the PhilHealth relative to the implementation of NHIP in the municipality;
and

c. Continuous allocation of funds as the LGU’s counterpart subsidy for qualified


beneficiaries within its jurisdiction as evidenced by a Certificate of Availability of Funds.

Section 4.H.04. Enforcement. The Municipal Heath Office, the Municipal


Budget Office and the Office of the Municipal Treasurer are hereby mandated to enforce
this ordinance.
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22
Article K – PhilHealth Capitation Fund

Section 4.K.01. Regulated Acts. A PhilHealth Capitation Fund (PCF) is hereby


created from the proceeds of the outpatient consultation and diagnostic benefit package to
be provided by the Philippine Health Insurance Corporation (PhilHealth) for qualified
indigent families of the Municipality of Balete, Aklan under the indigent sector
component of the NHIP (Ord. No. 09-2006).

Section 4.K.02. Administrative Provisions. The use, management and


disposition of the PhilHealth Capitation Fund shall be governed by the following rules:
a. The capitation amount shall be released on a quarterly basis by the
Corporation under the following conditions:
a.1. Initial release shall be subject to prior accreditation of the
municipality-owned and managed Rural Health Unit and the payment
of premium contribution by the Municipality; and
a.2. Succeeding release of quarterly capitation shall be subject to the
submission of required monitoring/evaluation reports as provided for
under the Implementing Guidelines of the Outpatient Consultation and
Diagnostic Package and prior payment of premiums.
b. The disposition of the PCF shall be governed by the following rules:
b.1. The disbursement and liquidation of the PCF shall be in accordance
with pertinent government accounting and auditing rules and
regulations;
b.2. A separate book of accounts shall be maintained by the local
government unit; and
b.3. The capitation fund shall be used only for the specified purposes
stipulated in the Outpatient Consultation and Diagnostic Package
Guidelines.
c. The PhilHealth may withhold the release of the subsequent quarterly PCFs
due to any of the following:
c.1. Delay or non-payment of premium contribution;
c.2. Violation of government accounting and auditing rules and
regulations on the disbursement and liquidation of the PCF; and
c.3. Non-submission of the required reports under item a.2. hereof.

CHAPTER V
CULTURE, IDENTITY, HERITAGE AND EDUCATION

Article A – The Municipal Seal of Balete

Section 5.A.01. Regulated Acts. The Municipal Seal of the Municipality of Balete,
Aklan is hereby revised.
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23
Section 5.A.02. General Provision. The new design of the Municipal Seal be
rendered as shown hereunder and shall bear the following features:

a. The Balete Tree;


b. The Jal-o River;
c. A vast ricefield;
d. The Agtawagon Hill;
e. 10 Rays;
f. A batch of pineapple; and
g. The Label: Municipality of Balete, Aklan

Section 5.A.03. Symbolism and Interpretation. The Official Seal of Balete shall be
interpreted in the context of the vision-mission statement of the Municipality of Balete
encompassing its social, political, economic, cultural, spiritual and environmental
dimensions. The features therein thus shall be taken in the following manner:

a. A meandering Jal-o River flows into the heart of a vast field, to symbolize the
historicity for which every Baleten-on takes an active part;
b. On the foreground are batches of pineapple (red Spanish variety) which
encapsulate the tradition as well as the future of the Baleten-on community;
c. As in the old municipal seal, the Agtawagon Hill stands as its backdrop and is
met on the horizon by a vast ricefield cut by a winding body of water. They
represent the topography and the resources of our town. It also connotes the
ways of life of our people.
d. Amid the fields rises the Balete Tree, sturdy and reaching out into the sky. It
epitomizes everything that is Baleten-on; its roots penetrating deeply into the
earth, its shade sheltering us from the elements, its lush leaves nurturing our
hopes and dreams for a better Balete than yesterdays. It is our source of
identity.
e. The rays behind the Hill represent the ten constituent barangays of Balete and
the history of its people which ought to be presented into the light for all to
apprehend.
f. The label which read “Municipality of Balete, Aklan” enveloping these
representations asserts the Baleten-on identity while it reaffirms the
commitment and the role of the Baleten-on community as part of the Aklan
province in its quest of approximating its vision and mission for the Aklanon
people.
Code of General Ordinances – Balete, Aklan
24
Article B – Proper Names of Public Institutions

Section 5.B.01. Regulated Acts. The public institutions hereunder referred to and
identified shall bear the following official names:

a. The Mayor Bernardo J. Rodriguez, Sr. Memorial Hall is hereby renamed into
“Balete Community College – Mayor Bernardo J. Rodriguez, Sr. Building.”
b. The Municipal Library shall be henceforth named as “BCC Public Library.”
th
c. The 6 Municipal Circuit Trial Court (Altavas-Balete) in the Municipality of
Balete, Aklan is shall be known as “Salvador F. Calizo Hall of Justice.”
d. The Balete Association International Laboratory behind the Rural Health
Center is hereby renamed into “Mike O. Calizo Laboratory.”
e. The access roads connecting Sitio Anao and Sitio Sumaeague, all of Barangay
Aranas, Balete, Aklan, to the National Highway are hereby named “Miguel
Calizo Barangay Road” and “Adriano Calizo Barangay Road” respectively.
f. The renovated and improved sports complex located at the Municipality of
Balete is hereby named as the “Mayor Teodoro F. Calizo, Sr., Memorial Civic
Center.”

Article C – Scholarship Program

Section 5.C.01. Regulated Acts. There is hereby established a Scholarship


program to be known as the Teodoro V. Calizo, Sr. Memorial Scholarship Program
(TFCMSP).

Section 5.C.02. General Provisions. a. The amount of One Hundred Thousand


Pesos (P100,000.00) shall be appropriated annually for this purpose.

b. The amount appropriated herein shall be used to extend financial assistance to


deserving individuals through Scholarship grants, but in no case the number of grantees
exceeds Five Students per year.
c. The grantees shall be enrolled only in any public schools/state
colleges/universities within the Province of Aklan after meeting the requirements set by
the committee on culture and education of the sangguniang bayan of Balete; provided
that previous grantees shall continue their studies in the school/college/university where
they were initially enrolled.

Section 5.C.03. The Rules and Regulations Implementing the Scholarship


Program. These Rules are promulgated to prescribe the procedures and guidelines for
the implementation of the Scholarship Ordinance of the Municipality of Balete, Aklan in
order to facilitate compliance therewith and achieve the objectives thereof.

Section 5.C.04. Scope of Application. These Rules shall apply to the following:
a. All students enjoying the scholarship grant of the Municipality;
Code of General Ordinances – Balete, Aklan
25
b. All applicants to the said scholarship grant; and
c. Involved personnel.

Section 5.C.05. Qualifications and Requirements of Applicants. Any high


school graduate, male or female who meets the following requirements may apply:
a. Must be a Filipino citizen and a resident of Balete;
b. Must have a general average of at least 85% (high school);
c. The income of the Family of the beneficiary must not exceed the amount of
P50,000.00 per annum; and
d. Must have a good moral record.

Section 5.C.06. Submission of Application and Requirements. Interested


parties must submit their written applications to the Office of the Mayor on or before the
month of April of each year together with the following:
a. application letter;
b. a photo copy of his/her DECS Form 138 (Report Card)
c. Certificate of good moral character signed by the principal of the last school
attended;
d. Certificate of Tax Exemption from the BIR:
e. Certificate from the Punong Barangay;
f. Bio-data; and
g. One copy of 2”x 2” photo.

Section 5.C.07. Testing and Screening of Applicants. The testing and screening
of applicants shall be administered by the Archbishop Gabriel M. Reyes Memorial
Foundation or any NGO’s not directly associated with the Local Government. The
screening shall be done within the Month of May of each year at the Sangguniang Bayan
session hall of Balete, Aklan.

Section 5.C.08. Selection Criteria. The manner of determining the selection of


grantees shall be as follows;

Scholastics - - - 40%
Aptitude - - - 25%
Values - - - 20%
Command of Language - 15%
100%

The top five among the applicants shall automatically be considered as


beneficiaries of the Scholarship grant and shall enjoy the same privileges granted to other
recipients of the scholarship grant of the Municipality.

Section 5.C.09. Privileges. The scholarship grantee shall enjoy the following
privileges:
a. Tuition Fees
b. Miscellaneous Fee (i.e., Entrance Fee)
Code of General Ordinances – Balete, Aklan
26
Section 5.C.10. Limitation. The grant shall only be extended to a student
enrolled in any public schools, colleges or universities within the Province of Aklan;
provided further that he/she enrolls in any course other than those whose Tuition fees
exceed P3,000.00/semester.

Section 5.C.11. Grounds for Disqualification. The grantee shall continue to


enjoy the privileges consequent to his/her being a scholar provided that he/she:
a. maintain a general average of 80% (2.50) and should not have a final grade in
any subject lower than 75% (3.00)
b. refrains from participating in any subversive activity;
c. abstains from any criminal activity; and
d. Desists from committing any obscene/indecent act that causes serious damage
to his/her honor and dignity as a person as will as to the name and honor of the
Municipality.

Section 5.C.12. Enrollment. The Office of the Municipal Treasurer with the
assistance of the Committee on Culture and Education of the Sangguniang Bayan shall be
responsible for the enrollment and the payment of tuition fees of the scholars. It shall
likewise be the task of the said committee to determine the qualifications of the scholars
for re-enrollment.

Section 5.C.13. Gathering of Scholars. The SB Committee on Education and


Culture shall set time for a meeting of beneficiaries before the start and the end of every
semester. The said meeting should be conducted to promote a spirit of camaraderie
among the scholars themselves as well as to plan out how they could be of better service
to their community.

Section 5.C.14. Additional Provisions. Grantees are expected further to actively


participate in any civic activities sponsored and or introduced by the Municipal
Government.

Article D – Mandatory Pre-Marriage Counseling

Section 5.D.1. Regulated Acts. There is hereby required a pre-marriage


counseling on responsible parenthood, family planning and nutrition to all parties
securing marriage license in this municipality.

Section 5.D.2. General Provisions. a. A pre-marriage counseling team


constituted by the municipal mayor shall be authorized to conduct such counseling and
therewith issue Certificate of Attendance.

b. The PMC shall be composed of personnel coming from the Municipal


Population Office, the Municipal Health Office, the Office of the Municipal Agriculturist
and the Municipal Social Welfare and Development Office.
Code of General Ordinances – Balete, Aklan
27
c. No marriage license shall be issued to any contracting party without showing
proof of having undergone such pre-marriage counseling by the said PMC team.

Article E – Special Bodies for the Promotion of Tourism, Culture and the Arts

Section 5.E.01. The Municipal Culture and Arts Council of the Municipality.
The MCAC is hereby created and constituted as follows:

a. Chairman: Local Chief Executive


b. Members:
b.1. A representative of the Municipal Tourism Council;
b.2. Chairman, SB Committee on Education and Culture;
b.3. MPDC;
b.4. Municipal Information Officer;
b.5. Municipal Budget Officer; and
b.6. Two (2) representatives from the Civil Society Organization.

Section 5.E.02. Function. The Municipal Culture and Arts Council shall
endeavor to promote the Filipino Culture, instill nationhood and cultural unity and raise
the level of consciousness of the people on cultural values, conservation of historical and
cultural heritage and resources, and shall

a. Prepare an annual plan on culture and the arts consonant to the


Medium Term Philippine Development Plan for Culture and the Arts,
to be integrated in the local development plan
b. Formulate programs and recommendations to develop local cultural
and artistic talents
c. Ensure the protection, preservation and conservation of the local
cultural and historical heritage
d. In coordination with the private sector, conduct cultural events such as
cultural festivals; set up exhibits during fiestas and other related
activities.
e. Conduct periodic consultations with all stakeholders to identify
grassroots-based cultural concerns; issues and agenda
f. Encourage the development of local cultural industries
g. Conduct periodic inventory of local cultural objects and sites in
coordination with the National Commission for Culture and the Arts
h. Coordinate with existing Local Culture and the Arts Councils.

Section 5.E.03. Term of Office. The members of this council shall serve co
terminus with the term of the Local Chief Executive.
Code of General Ordinances – Balete, Aklan
28
CHAPTER VI
FINAL PROVISIONS

Article A – General Penal Provisions

Section 6.A.01. Penalty. Any violation of the provisions of this Code not herein
otherwise covered by a specific penalty, or of the rules and regulations promulgated
under the authority of this Code, shall be punished by a fine of not less than Two
Hundred Pesos (P200.00) and not more than Two Thousand Pesos (P2,000.00) and/or
imprisonment of not exceeding fifteen (15) days, or both fine and imprisonment, at the
discretion of the Court.

If the violation is committed by any juridical entity, the President, General


Manager, or any person entrusted with the administration thereof at the time of the
commission of the violation shall be held responsible or liable therefore.

Article B – Participation in Voluntary Community Service Program

Section 6.B.01. Voluntary Community Service Program. Before the


appropriate proceedings are filed in court and within seventy-two hours (72) from the
time of his/her apprehension, the apprehended party may opt to volunteer and participate
in the Voluntary Community Service Program [VCSP] of this municipality. The Office of
the Mayor shall conceptualize and package the said program for adoption by the
Sangguniang Bayan and manage and supervise its implementation.
The VCSP shall be guided by the following basic policies and principles:
1. It shall respect human rights and the activities therein shall be designed to teach
values such as responsibility towards the community, among others.
2. The activities of the program shall not be demeaning to volunteers and they
shall not be made to wear anything that would mark them as an offender.
3. The program shall take into consideration the expertise of volunteers and assign
them to activities that best suit their expertise, if practical and workable.
4. The areas of activities where the volunteers may participate could be in social
services, value formation, environmental management, gender and development,
peace and order, engineering, health services, agriculture and such other priorities of
the local government where the volunteer’s expertise could be put to good use.
5. The program shall devise a scheme for determining the number of hours of
community service, for example:
In Terms of Fines:
a) For a fine of P100.00 or less - 2 hours community service
b) For a fine of P101.00 to P200.00 - 3 hours community service
c) For each succeeding P200.00 fine
or a fraction thereof thereafter - 2 hours community service
In Terms of Imprisonment:
a) For 2 days or less of imprisonment - 8 hours community service
b) For each 2 days of imprisonment -
Code of General Ordinances – Balete, Aklan
29
or a fraction thereof - 4 hours community service
6. After a volunteer has rendered in full his/her community service, he/she shall
be entitled to a certificate of appreciation for the services rendered to this
municipality and its constituents.
7. The program may also accept all other volunteers who just wish to serve their
community in one way or the other.
8. The program shall make provisions for minors who may be required or may
also volunteer to render community service.
9. The VCSP shall not be applicable to the payment of taxes, fees and charges
imposed under the Revenue Code and other ordinances of this municipality.

Article C – Implementing Rules and Regulations

Section 6.C.01. Implementing Rules and Regulations. The Office of the Mayor may
issue rules and regulations for the proper implementation of this Code.

Article D – Separability, Applicability, Repealing and Effectivity Clauses

Section 6.D.01. Separability Clause. If, for any reason, any provision, section or
part of this Code is declared not valid by a Court of competent jurisdiction or suspended
or revoked by the authorities concerned, such judgment shall not affect or impair the
remaining provisions, sections or parts which shall continue to be in force and effect.

Section 6.D.02. Applicability Clause. All other matters relating to the


impositions or regulations provided in this Code shall be governed by the pertinent
provisions of existing laws and other ordinances.

Section 6D.03. Repealing Clause. All ordinances, rules and regulations or parts
thereof, in conflict with, or inconsistent with any provisions of this Code are hereby
repealed or modified accordingly.

Section 6.D.04. Effectivity. This Code shall take effect after its approval.

CONCURRING:

SYLVIA V YASA Aklan


SB Member

CRISPINO P. BELTRAN, JR.


SB Member

Code of General Ordinances – Balete,


INOCENTES F.
BANTIG
UE, JR.
SB
Member

APOLINAR
C.
CL
EO
PE
SB
Me
mb
er

30
PATRICK F. LACHICA CIRIACO T. FELICIANO
SB Member SB Member

PETER C. RECIDORO JOSELITO C. DELOS REYES


SB Member SB Member

ROBERTO A. CUARE JHON MEL KESTER M. REBENITO


SB Member/Pres. Liga ng mga Brgy SB Member/Pres., SK Mun.
Federation

DISSENTING: None
ABSTAINED: None

th
CERTIFIED TO BE DULY ENACTED during the 70 Regular Session
of the Sangguniang Bayan (for the period 2010-2013) held on Thursday,
November 17, 2011 at the Session Hall.

ROMAN R. VILLARUEL
Vice Mayor/Presiding Officer

ATTESTED:

AL F. DE LA CRUZ
Secretary to the Sanggunian

APPROVED:
TEODORO V. CALIZO, JR.
Municipal Mayor
Date of Approval: _______________
Code of General Ordinances – Balete, Aklan
31

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