MINDANAO DAILY NEWS OCT. 4,2012

WEATHER UPDATE AS of 4 a.m. yesterday, the Tropical Storm “MARCE” was estimated based on satellite and surface data at 310 km West of Iba, Zambales (15.4°N, 116.7°E) with maximum winds of 75 kph near the center center and gustiness of up to 90 kph. It is forecast to move Southeast at 07 kph. Western and Central Visayas and Zamboanga peninsula and the rest of Luzon will have occasional light to moderate rains or thunderstorms. The rest of the country will be partly cloudy with brief rainshowers or thunderstorms.

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Govt to draft IRR on cybercrime law THE Aquino administration urged concerned stakeholders to engage the Department of Justice (DOJ) in a dialogue to address their concerns as the process of drafting the Implementing Rules and Regulations (IRR) of the newly enacted Cybercrime Prevention Act of 2012 would begin.

“In the meantime we believe there is an opportunity for reasonable discourse between concerned stakeholders and the Department of Justice. We urge the fullest and widest participation of stakeholders in this process,” Presidential Spokesperson Edwin Lacierda said in a statement during the regular press briefing in Malacañang on Wednesday.

Lacierda reiterated the Aquino administration’s position to uphold the civil liberties as guaranteed by the Constitution in response to the claims of the critics and some people who question the constitutionality of certain provisions of the new Act. “Our Constitution is clear and uncompromising in the civil liberties it guarantees all our people. As the basic law, its guarantees cannot, and will not, be diminished or CYNTHIA VILLAR formally filed her Certificate of Candidacy (CoC) on October 2, 2012 with the Commission on Elections reduced by any law passed by Congress,” Lacierda said. (Comelec) in Intramuros in Manila. She was joined by her husband, Senator Manny Villar, son Rep. Mark Villar, and longDRAFT | page 2

time supporter and TV-host Willy Revillame. Photo supplied

Cybercrime law takes effect October 3 amid broad protests First of two parts

By INA ALLECO SILVERIO of Bulatlat.com

IN SEEMING INDIFFERENCE to the growing clamor against Republic Act 10175 or the Cybercrime Prevention Act of 2012, the Supreme Court decided to defer deliberations on the various petitions against the new law and demanding its immediate junking.

October 2 was marked by various groups as “Blackout

Cops track shooters of Basilan politician

By AL JACINTO

ZAMBOANGA City––Policemen continue to track down gunmen in the failed assassination of a Basilan vice mayoralty candidate in the city.

Police said Farouk Alfad escaped with a minor wound after gunmen opened on his This slogan is posted on the website of the Philippine Internet Freedom Alliance (Pifa) as it car while driving home from initiates an online protest opposing some of the provisions of the newly enacted Cybercrime a gymnasium in the village Prevention Act, otherwise known as Republic Act 10175. of Canelar. The attackers Tuesday” and “Day of Pro- is a serious threat against announced during the pro- escaped after the shooting.

Alfad, who is running as test by Netizens and Citi- civil liberties including the test that the SC moved the vice mayor in Tabuan Lasa zens” to protest against the freedom of expression and discussions on the PROTEST | page 2 in nearby Basilan province, new law, which, they said, the right to privacy. It was

said politics could be the motive of the failed assassination.

No individual or group claimed responsibility for the shooting, but gun attacks are not uncommon in Zamboanga City where hired killers are actively operating.

Just on Monday evening, an unidentified gunman shot dead an electronic technician Rey Reyes inside his house in Tumaga village. The attacker escaped after the killing. (Mindanao Examiner)

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Protest... from page 1

law because only a handful of justices showed up.

The seven petitions, one of which was filed by the Bagong Alyansang Makabayan (Bayan) and human rights groups, will be heard next Tuesday, October 9.

All the petitions against the new law decry how it attacks constitutionally-guaranteed rights, among them the freedom of speech, equal protection of the law, and the right to privacy.

The petitions also argued that the new law green lights illegal searches and seizures while giving very vague definitions on what constitutes libel.

New powers for Aquino government On October 1, Bayan filed its petition with the SC. The group’s secretary-general Renato Reyes said that if the cybercrime law is implemented, the Aquino administration will have new, underhanded powers, including the power to collect real-time traffic data based simply on “due cause,” impose search warrants based on “reasonable grounds” and not probable cause; block access to websites; and take down websites among others.

The petitioners in the Bayan petition include Reyes, national artist for literature and chairman of the Concerned Artists of the Philippines (CAP) Bienvenido Lumbera, Kilusang Mayo Uno (KMU) chairman Elmer Labog, Karapatan secretar y-general Cristina Palabay, president of the Confederation for the Unity, Recognition and Advancement of Government Employees (Courage) Ferdinand Gaite, Gabriela secretary general Lana Linaban, netizen and journalist Adolfo Ares P. Gutierrez, and human rights lawyer Julius Matibag.

Bayan is calling on the SC to issue a temporary restraining order (TRO) against the cybercrime law. In the meantime, among the respondents named are Pres.

Aquino, Executive Secretary Pacquito Ochoa, Senate President Juan Ponce Enrile, House Speaker Feliciano Belmonte and Justice Secretary Leila de Lima.

The petitioners said the SC should heed the petition as it makes “a strong assertion for the protection and defense of the most basic rights of the people.” It said that as a a special civil action for certiorari and prohibition, the petition calls on the SC to issue a TRO or a preliminary injunction on the cybercrime law. It said that

Sections 4(a)(3), 4(b)(3), 4(c)(4), 5(a)(b), 6, 7, 12, 17, 19, and 20 of the new law should be nullified “for being void-for-vagueness or overbreadth.”

In an interview with Bulatlat. com, Reyes said the law attacks the constitutionally guaranteed right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.

“Imagine that your computer is your virtual house and everything in it your documents, belongings, personal property and details on your private activities. Using the cybercrime law, the Aquino government and its agencies like the DOJ and the police cyber intelligence units can do a stake-out on your house, break in and conduct searches based on supposed ‘reasonable grounds’ (Sec.12), monitor your traffic data based on ‘due cause’ (Sec.12) and then take away your house or prevent you from accessing your own home (Sec.19),” Reyes said.

A blogger and active Twitter user, Reyes also said some provisions of the law criminalizing online libel was “most worrisome” because it punishes libel with a heavier penalty.

“This is a political and legal regression in terms of protecting free speech on the internet,” he said. “Will we now have offenses such as inciting to sedition with the aid of a computer? Or rebellion committed via the internet?

The potential for harassment suits against government critics is so huge under this law.”

Reyes also called the new law as a “Machiavellian statute” that has the same far-reaching and injurious repercussions of the former Marcos dictatorship’s martial law without Aquino having to actually formally proclaim martial law. He said the cybercrime law targets virtually all citizens.

“It can go after anyone from a poor peasant to an ordinary student, a simple housewife to an online blogger or journalist, anyone who is a social media user; even the average worker to a politician, judge or even the Honorable Justices of the SC can be targeted for as long as they are using mobile phones, computers, computer data storage devices, email, social media and anything that is related to the internet, cyberspace and information and communications technology,” he said.

Reyes also has specific issues against the monitoring of traffic data.

“Provisions on the monitor-

ing and recording of traffic data without court warrant lays down the basis for Big Brother to monitor our online activities. Traffic data can mean anything that is not stored in a device or is in transit from device A to device B. What is to stop government from monitoring emails, online transactions, and other online activities? And on the mere basis of due cause? It is an assault on our right to privacy,” Reyes said.

Making memes to be considered crime Avid Facebook users should also be wary, Reyes said, because making, posting and sharing memes can also be considered a crime under the cybercrime law. He explained that making memes inherently includes the ‘alteration’ and ‘damaging’ of an electronic document like photos of politicians on the internet, or electronic data message like the quotes or statements of politicians, thinkers, movie actors in the internet.

An internet meme is a concept that spreads via the internet.

According to Wikipedia, meme may take the form of a hyperlink, video, picture, website, hashtag, or just a word or phrase, such as intentionally misspelling the word “more” as “moar” or “the” as “teh”. The meme may spread from person to person via social networks, blogs, direct email, news sources, or other web-based services.

“Even paraphrasing or reworking the messages in electronic data messages like photos and quotes – acts that are ordinarily covered by the area of protected speech -– can now constitute punishable acts under the cybercrime law. Memes criticizing or poking fun on the likes of the so-called ‘plagiarist senator’ Tito Sotto and President Aquino himself can now be considered crimes,” he said.

Draft... from page 1

“The administration is equally adamant in upholding these liberties, which were regained at such high cost by our people. As the President said on September 27, the vigorous exchange of ideas that is the hallmark of a vibrant democracy, requires those who disagree not to oppress others,” Lacierda said.

The Cybercrime Prevention Act was enacted by Congress to address legitimate concerns about criminal behavior on the Internet and the effects of abusive behavior, according to Lacierda.

“Questions have been raised

www.mindanaodailybalita.com

about the constitutionality of certain provisions of the Act. We recognize and respect efforts not only to raise these issues in court, but to propose amendments to the law in accordance with constitutional processes,” he said.

Lacierda pointed out that “no government entity has moved to deprive anyone of access to the Internet or to suppress civil liberties as exercised online.”

“In fact what has taken place is that hackers who claim to be aligned with critics of the Cybercrime Act are the ones who have engaged in online vandalism, depriving the broader public of access to much needed government information and services online,” he said.

Lacierda called on the critics of the Cybercrime Act to speak out against online vandalism and bullying with as much vigor and passion as they have expressed in their objections to certain provisions of this law.

“If our freedoms have been hard won, it would do us all well to remember that in the end, vigilantism harms the cause of freedom of expression and civil liberties for all netizens,” he said. pnd

Motivations... from page 4

who remain poor and marginalized even up to this time. Now, we should ask the lawmakers: why did the House and the Senate give priority to the cybercime law? What was it in this law that made our congressmen and our senators treat it as urgent and of utmost necessity to be passed as a law?

-oooONLY THE CORRUPT AND INCOMPETENT: And, come to think of it, who would benefit the most with the passage of Republic Act 10175? Would good businessmen be benefitted by it? Would ordinary citizens be benefitted by it? The answer is clear, judging from adverse reactions coming from many groups. Quite clearly, the only beneficiaries of the cybercrime law would be government officials whose dark deeds can no longer be exposed in the Internet and in social networking sites.

-oooINTERNET A POWERFUL TOOL VS. CORRUPTION: Right now, the Internet has become a very powerful instrument for exposing corruption and even the incompetence of many a government official. In Facebook especially, immediate exposes of

wrongdoings, of abuse, and of outright plunder and corruption, complete with pictures and other visual aids, have been giving unscrupulous public officials sleepless nights, because they can no longer hide their sins. In fact, the Internet has unmasked many officials as plagiarists, incompetents, nincompoops, and simply disabled from doing their jobs.

-oooSUPPRESSION OF THE TRUTH: The Internet, in fact, has revolutionized public accountability. In an instant, the mischievous official is paraded around, not just in the Philippines, but even in the whole world as well. Certainly, for an official who has many things to hide, the Internet must be curtailed, or somehow tamed.

This, pure and simple, is the true rationale for Republic Act 10175. Those who passed the law do not want the people to know the truth, for the truth shall set the people free, as Jesus Christ, our God and Savior, said.

-oooLET US WAIT FOR SC TO ACT: So what do we do? I suggest we wait for the Supreme Court to act on the various petitions that have already been filed with it to nullify Republic Act 10175. That is the rule of law. In the meantime, let us be content with blocked messages now in Facebook and in other social networking sites.

-oooREACTIONS? Please call me at 0917 984 24 68, 0918 574 0193 or 0922 833 43 96. Email: batasmauricio@yahoo.com.

Workers... from page 3

is owned by Far East Managers and Investors Inc. or FEMI, an investment group associated with the late Ambassador Roberto S. Benedicto.

On Monday, RPN acting president Robert Rivera announced that it will cut at least 200 jobs with the closure of its central office in Quezon City by November of this year.

The network said the retrenchment program would provide separation packages to a certain portion of the workforce and will take effect on Nov. 15.

It added that the move would ease and provide relief to employees as well as resolve the issues of the network, including its P3-billion outstanding debt.

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BWM MAG

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Government TV to cut 200 workers SOME 200 workers of the government-owned Radio Philippines Network (RPN) who would be affected with the retrenchment program this week, would get benefits as mandated by law, Secretary Herminio “Sonny” B. Coloma Jr. of the Presidential Communications Operations Office

(PCOO) said.

Coloma said that even if the government’s involvement in running the network would be limited to the functions of two government-nominated directors, the PCOO would continue to monitor the developments to ensure the strict observance of

the provisions of the Labor Code.

The two governmentnominated directors are former Press Undersecretary Lourdes ‘Deedee’ Siytangco and Antonio ‘Tonipet’ Albano, who served as president of RPN until he resigned effective Aug. 31.

A third seat remains vacant,

according to Coloma.

When asked on updates concerning the privatization of the two governmentsequestered television net-

works RPN and Intercontinental Broadcasting Corp.

(IBC), Coloma said that the proceeds from the two networks will be allocated to the revitalization of the government-owned Peoples Television Network (PTV).

RPN is one of the media organizations under the supervision of the PCOO in Executive Order No. 4.

In July of 2010 the Supreme Court ruled with finality that 32 per cent of RPN WORKERS | page 9

The Media Center BUSINESSWEEK MINDANAO

Tanleh Bldg., Abellanosa St., Cagayan de Oro City

”It has been a fruitful and wonderful experience that I was able to attend the one-day Radio Broadcasting Training at the BWM Media Center, Cagayan de Oro City..

Hence, I am thankful for the opportunity since it would be of help in my future activitiess being the designated PIO. Likewise, if there will be chances to produce an office-initiated radio program, I have now the initial idea in preparing the radio script.”

Cong. Maxie Rodriguez, Jr. of Abante Mindanao and DOH Asst. Regional Director Boy Llacuna, turn over to Brgy Chair Rolando Uy the key to the newly constructed Health Center in Brgy Carmen amounting to P2 Million as witnessed by Engr. Nestor Yllana of the DOH. This project was initiated thru the effort of Cong. Maxie Rodriguez. Also in the photo are Brgy Carmen Kagawads Antonio Cahayag, Dexter Loking, Douglas Dabatian and Roberto Go.

Mobile... from page 4

sit at the same table to engage in a joint undertaking!

We have actually seen the initial successes of “emoney” in the Philippines through MABS. E-money has been used locally for simple transactions such as bills payment, person to person transfers, and purchase of goods.

It has also been used for deeper financial transactions as a “channel” to deposit, withdraw, or service loans, as well as receive conditional cash transfers.

For providers, e-money has helped them overcome physical barriers and address “cash on hand” risks.

Just a few months ago, I had the honor of providing the keynote message during the 15th Anniversary of the Microenterprise Access to Banking Services (MABS).

During that occasion, I witnessed the program’s recent achievements in bringing mobile banking to clients and areas that are difficult to reach through traditional “brick and mortar” bank offices.

Indeed, through the MABS program, the rural banks seized the many opportunities provided by an enabling policy and regulatory environment to bring financial services to areas that needed them the most.

Much still needs to be done, though. We still

hope to see volumes of transactions and numbers of users multiply.

The SIMM Projec t, which aims to build on the gains accumulated for over 15 years through the MABS program, can provide the impetus for our e-money and mobile money transactions to reach that proverbial “tipping point”—a point that will enable a greater number of Filipinos to conveniently, efficiently and effectively access much-needed transactional and financial services.

--You may e-mail us at totingbunye2000@gmail. com. Past articles may be viewed at http://speakingout.ph/speakingout.php

-

Myra Q. Yu Provincial Information Officer DAR-Tandag City, Surigao del Sur

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BWM MAG

Live and learn Speaking Out Ignacio Bunye

Mobile banking First of two parts THE popularity of cell phones in the Philippines is undeniable and palpable. Ask any person on the street if he has a cell phone, and 7 out of 10 would probably say yes.

Sadly, while access to mobile phone services has rocketed in recent years, access to financial services remains a major barrier to economic growth.

If only banks here were as easily accessible as cell phones, particularly in the rural areas!

However, there is a very promising project that aims to offer an “innovative and cost-effective” means to benefit the marginalized sector – particularly the “unbanked.”

The Scaling Innovations in Mobile Money (SIMM) Project, as it has been “christened,” will build upon an earlier United States Agency for International Development’s (USAID) project called Microenterprise Access to Banking Services or MABS. MABS – a joint project with the Rural Bankers Association of the Philipines (RBAP) – helped initiate current interventions in mobile banking.

SIMM intends to push the boundaries further through new technologies toward building a truly inclusive financial system.

Last September 11, 2012, US AID representatives met with front-liners in mobile banking in a meeting hosted by the Bangko Sentral ng Pilipinas.

Present during the event were Dr. Maura O’ Neill, USAID Chief Innovation Officer and Senior Counselor to the Administrator; Ms. Gloria Steele, USAID Philippines Mission Director; Ms. Tessie Tan, President of BPI-Globe BanKo; Mr. Paolo Baltao, President of GXchange; Ms. Tricia Dizon, Financial Services Head of Smart Communications, BSP Deputy Governor Nestor Espenilla and this writer.

It was truly a momentous occasion. After all, it is not every day that we see known mobile service competitors

THINK a minute.

A little boy said: “I’ve learned that if I’m in trouble at school, I’m going to be in more trouble at home.”

A husband remarked: “I’ve learned I should never praise my mother’s cooking while I’m eating my wife’s cooking.”

An old woman observed: “I’ve learned that 6-year-old children are the only ones who think it’s neat when their teeth fall out.”

One guy said: “I’ve learned that loaning money to family and friends causes them to lose their memory.”

And a young adult painfully concluded: “I’ve learned you can do something in a moment that will give you heartache the rest of your life.”

You’ve heard the expression, “Live and learn.”

The two should go to-

Think A Minute Jhan Tiafau Hurst gether.

But sometimes we just live. “We all make mistakes, but it’s the wise who learn not to repeat them.”

In a way, our life’s like a ship: we can steer it by the rudder or by the rocks.

We can learn to read the signs and avoid trouble by making the right choices, or we can learn the slow, hard way by continuing to run into problems from our wrong choices.

So if we want a good life, we need to be a good student

Rufus and the Democratic Party

REP. Rufus Rodriguez formally filed his certificate of candidacy with the city’s Commission on Elections (Comelec) yesterday. This corner was trying to reach him on information that he has filed under the Christian Democracy Party. We are not familiar with this political party but Rufus reportedly said that the party has an accreditation with the Comelec in Manila. Unfortunately, Cris Diaz Rufus could not be reached despite efforts to contact him.

Everybody thought of Rufus running under the United Nationalist Alliance (UNA). UNA is an alliance of the Partido ng Masang Pilipino, the Pilipino Democratic MOBILE | page 3 Party and other political opposition party. Considering that Rufus was closely identified with former President Erap Estrada’s PMP, it was expected that Rufus would be running under UNA. This did not happen.

Whatever logic, one could surmise that Rufus is www.mindanaodailybalita.com trying to get rid of the local fracas between the UNA and Liberal Party. Earlier, Rufus declared that he would The MINDANAO DAILY NEWS (MDN) be running as a neutral candidate. In other words, he newspaper is published daily at Door 2, would not be supporting any local candidate. A thing

Tanleh Building, Abellanosa St., Brgy. Consolacion, Cagayan de Oro City. It is registered with the Department of Trade and Industry (DTI), Region 10 with Certififcate No. 01791042, and with Business Permit No. 02275, TIN No. 209-980-927 Tel. Nos: (088) 856-3344, (08822)72-33-44, Cell nos.: 0917-7121424, 0923-432-0687 Website: www.mindanaodailybalita.com E-mail: mindanaodaily.ads@gmail.com, mindanaodailynews@gmail.com

of life. We need to realize we can learn something from everybody.

Some people even teach us by their bad example how not to live.

A smart man said: “We should learn from other people’s mistakes, since there’s simply not enough time for us to make all the mistakes ourselves.”

Another person said: “I’ve learned silence from the talkative and kindness from the unkind.”

So our different teachers

can include both old people and young kids, friends and enemies. We can learn from good books, our memories, as well as from winning and losing.

You see, it’s when we stop learning that we start getting bored. We humans are made with tremendous potential for always learning and doing new things.

In fact, it’s when we stop learning that we stop living.

A successful businessman said: “Anyone who stops learning is old, but whoever keeps learning stays young.”

How about you? Are you just growing old? Why not ask Jesus to take charge of your life?

He’ll keep you from getting bored and teach you His ways every day, so you’ll never stop learning and can stay young.

Just Think a Minute!

that would keep Rufus in a safer distance against two local political protagonists engaged in the usual political mudslinging.

In past elections, candidates running against City Hall candidates used the name of Rufus in spreading lies among local electorates. In the hope of boosting morale among their supporters, they dropped the name of Rufus as one among them. This political group, whose leaders shifted alliance from Lakas-Kampi to Liberal Party as easy as a Cameleon changes color for convenience, is now doing the same thing. Many times in the past, Rufus denied this insinuation. Perhaps, to avoid the same embarrassing experience, Rufus decides to run under an accredited political party that has no connection with known national political parties.

Rufus has to do this too in order to get the largest mandate from opposing political parties in the locality.

However, one observes that Rufus political party, the ‘Christian Democratic Party,’ is discriminately sectarian.

Rufus has forgotten that there are Islam brothers who might be slighted with the introduction of the ‘Christian Democratic Party.’ As a Christian political party, our brothers in the Islam community would think that Rufus political party out rightly overlooked their role in the electoral process. React: crisguardian@yahoo.com

Motivations behind RA 10175

LIFE’S INSPIRATIONS: “… `and the truth shall make you free’…” (Jesus Christ, our God and Savior, in John 8:32, the Holy Bible).

-oooWITH HACKERS’ IMPUNITY, OF WHAT USE IS CYBERCRIME LAW? Will MINDANAO DAILY NEWS someone please tell me and PUBLISHER the Filipino people: how MER M. SUDARIA come government websites M Ä ¦ Ù are being hacked indiscrimRUEL V. PELONE ALLAN M. MEDIANTE EDITOR-IN-CHIEF inately and the government EXECUTIVE EDITOR appears helpless to stop JOE DEL PEURTO FELICILDA MELANIE RIVERA MANAGING EDITOR it? If the government as a A ò Ùã®Ý®Ä¦ CRIS DIAZ whole cannot even protect ASSOCIATE EDITOR ALBERT MOLIT itself from hackers, of what SHAUN ALEJANDRAE UY CIRCULATION use is Republic Act 10175, SPORTS & LIFESTYLE EDITOR or the Cybercrime Law, JUN ESCUADRO BEN ARCHE going to be?

R ¦®ÊÄ ½ E ®ãÊÙ-DAVAO RIZA O. ARES And considering the PAT SAMONTE LIEZL A. DELOSO R ¦®ÊÄ ½ E ®ãÊÙ-C Ù ¦ widespread opposition JOE PALABAO AL JACINTO to the law, both here and RENE MICHAEL BAÑOS R ¦®ÊÄ ½ E ®ãÊÙ-Z Ã Ê Ä¦ M Ù» ã®Ä¦ CÊÄÝç½ã ÄãÝ around the world, should GERRY LEE GORIT we not voluntarily stop P«ÊãÊ JÊçÙÄ ½®ÝãÝ ATTY. MARIO T. JUNI its implementation in the ããù. ÙÊ ÙãÊ . Äã ¦Ê ¹Ù.

URIEL C. QUILINGUING L ¦ ½ CÊçÄÝ ½Ý meantime? Should we not E ®ãÊÙ® ½ CÊÄÝç½ã Äã

Kakampi mo ang batas Atty. Batas Mauricio take into account the very fierce objections coming from virtually all sectors of Philippine society now in deciding whether the implementation of the law must be suspended or not, at least while the Supreme Court is deliberating on it?

-oooWAS THERE A PUBLIC HEARING ON RA 10175? And, correct me if I am wrong, but I read somewhere that there is a requirement in drafting a law which says that law-

makers wanting to push a legislation on any subject matter must hold public hearings first before to get the views and inputs of affected sectors, before the law is even deliberated upon. Was this requirement followed in the case of Republic Act 10175?

-oooUNDUE HASTE IN PASSAGE OF CYBERCRIME LAW? From where I sit, I guess that the lawmakers who pushed for the enactment of this law com-

mitted undue haste in its deliberations. Otherwise, if their drafts of the proposed law were discussed during public hearings among Internet stakeholders, it is a cinch that the law would not have been pushed at all. So the real question is: what motivated our congressmen and our senators to pass that law at the House of Representatives and at the Senate, despite its evidently-draconian measures?

-oooMORE PRESSING MATTERS SIDESTEPPED

BY RA 10175: As I see it, there are more pressing matters about jobs, livelihood, and employment generation that the House and the Senate should have prioritized, to really help uplift the lives of our people MOTIVATIONS | page 13

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MALAYBALAY BRANCH

Kimberlite Pawnshop will be having an AUCTION SALE on all items that expired on August 2012 AUCTION DATE: OCTOBER 16, 2012 Estrada Bldg., Fortich-Don Carlos Sts., Malaybalay City, Bukidnon

CAGAYAN DE ORO MAIN BRANCH P & J Lim Bldg., Tiano Brothers – Kalambagohan Sts., Tel. # (08822) 727-829 * Telefax # (088) 856-1947 CAMIGUIN BRANCH B. Aranas St., Poblacion, Mambajao, Camiguin Tel. # (088) 387-0491 CORRALES BRANCH Corrales Ave., Cagayan de Oro City DIVISORIA BRANCH AƩy. Erasmo B. Damasing Bldg., #61 Don A. Velez St., Cagayan de Oro City Tel. # (088) 857-3631 LAPASAN BRANCH Lapasan Hi-way, Cagayan de Oro City Tel. # (088) 231-6739a

HOTELS

RESTAURANTS Pryce Plaza Hotel

Carmen Hill, CDO, Tel. No.722791 to93/858-4537 E-mail:reservations@pryceplaza.ph

Hotel Koresco

Pueblo de Oro Golf Course,CDO fax. No. [088] 858-9748 tel. Nos. 858-9748 to 54, E-mail:hotelkoresco@yahoo.com

Mallberry Suites

Limketkai Drive ,CDO, Tel. No. [088]854-3999 / 854-7999 E-mail:info@mallberrysuites.com

The Marigold Hotel

Velez cor. Luna Sts, CDO Tel Nos. 856-4320, 856-2050, 726937 E-mail: info@marigoldhotel.net

Marco Resort Hotel Cugman, CDO Tel. No. 732182 / 855-220

De Luxe Hotel Capt. V. Roa St. CDO, Tel. No. 726527 /857-2144

Maxandrea Hotel

J.R. Borja St. CDO, Tel. No. 729943/ 857-2244 / 857-4154

Country Village Hotel

Classified ads

Editorial Department. : mindanaodailynews@gmail.com • Advertising Department : mindanaodaily.ads@gmail.com Read us online exactly as it appears in print : www.mindanaodailybalita.com AFFIDAVIT OF ADJUDICATION

BY THE SOLE/COMPULSORY HEIRS OF THE DECEASED SPOUSES ALFREDO DUMAOG AND RUTH LABAON-DUMAOG WITH DEED OF ABSOLUTE SALE Notice is hereby given that the intestate estate of the Late SPOUSES ALFREDO DUMAOG, who died on October 22, 2001 in Kibawe, Bukidnon and RUTH LABAON DUMAOG, who died on September 9, 1999 at Malaybalay City, Bukidnon, left a certain parcel of land more particularly described as follows; TRANSFER CERTIFICATE OF TITLE NO. T-52955 “A parcel of land (Lot 2-B, Psd-10-023748 being a portion of Lot 2, Psd-10-005004, situated in the Barrio of impalambong, Municipality of Malaybalay, Province of Bukidnon, Island of Mindanao.

Containing an area of (762) square meters, more or less is the subject of AFFIDAVIT OF ADJUDICATION BY THE SOLE/COMPULSORY HEIRS OF THE DECEASED SPOUSES ALFREDO DUMAOG AND RUTH LABAON-DUMAOG WITH DEED OF ABSOLUTE SALE in favor of SHERYL LABAON DUMAOG, of legal age, Filipino, single and a resident of Kibawe, Bukidnon, being the sole and only compulsory heir of the deceased SPOUSES. For and in consideration of the sum of EIGHTY THOUSAND PESOS (P80,000.00) Philippine Currency, in hand paid by NUR MAHMOUD A. MUTI, of legal age, Filipino, married and a resident of Kauswagan, Cagayan de Oro City, hereby SELL, CEDE, TRANSFER AND CONVEY, the above described real property.

As per Doc. No. 334; Page No. 67; Book No. 165; Series of 2012; under Notary Public of ATTY. MARIO T. JUNI.

EXTRA-JUDICIAL SETTLEMENT OFESTATE WITH DEED OF ABSOLUTE SALE Notice is hereby given that the intestate estate of the Late RESURECCION S. HIBAYA, who died on May 17, 2011 at Pongol, Libona, Bukidnon; left a parcel of Land located in Pongol, Libona, Bukidnon, embraced under Katibayan ng Orihinal na Titulo Bldg. P-48019, Tax Declaration No. 02-12-8976, Kaloob Na Patente Blg. 101311-05-26284, particularly described as follows; Lot No. 443, PLS-12 “A PARCEL OF LAND, Lot No. 443, Pls-12, situated at Barangay Pongol, Municipality of Libona, Province of Bukidnon. Containing an area of (11,278) square meters, more or less is the subject of EXTRA-JUDICIAL SETTLEMENT OF ESTATE WITH DEED OF ABSOLUTE SALE in favor of FERMILINO S. HIBAYA, FLORENCIA H. HERNANDEZ, RENATO S. HIBAYA, PATERNO S. HIBAYA, MERIAM P. HIBAYA, CRISTOBAL S. NAVARRO and GABRIEL S. NAVARRO, all of legal age, Filipino, married and residents of Pongol, Libona, Bukidnon, hereinafter referred to as Heirs; for and in consideration of the sum of THREE HUNDRED THOUSAND PESOS (P300,000.00) Philippine Currency do hereby SELL, TRANSFER and CONVEY the aforesaid parcel of land unto the BARANGAY GOVERNMENT UNIT OF PONGOL, LIBONA, BUKIDNON, represented herein by the Punong Barangay HON. JOFFREY M. FERNANDEZ, as per Doc. No. 136; Page No. 28; Book No. XLXXVIII; Series of 2012, under Notary Public of ATTY. ANTONIO L. AMARGA.

Capt. V. Roa Sts.CDO, Tel. No. 727623 / 724803 / 856-2036

NT

088-855-1945 0918-979-3130 0922-865-9063

ADDRESS: 003 Guijo Street Baloy Cagayan de Oro City MDN: Aug 17, 2012-Feb 17, 2013

EMAIL ADDRESS: andy_jabao@yahoo.com

MAMBATANGAN MILLING CORP. BARANGAY MAMBATANGAN MANOLO FORTICH, BUKIDNON OR CONTACT 09228171040

DIGITAL PRECISION

Taboc, Opol, Misamis Oriental, Tel. Nos. 754525/ 754263/ 3091986, Fax No. (8822) 754497

CAMERA, WATCH & CELLPHONE REPAIR SHOP J.R. BORJA ST., CDO (Corner (Corner Daumar infront BF Cogon) PABAYO ST., DV SORIA, CDO (In bet. Educ. supply & R.A. Uy) GAISANO CITY (Ground (Ground Floor)

Pearlmont Inn

Limketkai,Drive,CDO Tel. No. 729111 / 856-2654 / 729455

CHANANTHON BED & RESTAURENT

CM Recto Avenue, Cagayan de Oro City Tel. #: 856-81-89 / 309-3095

Room @ P800.00 Snacks All You Can

Every Tuesday, Thursday & Saturday 2-5 p.m.

P99.00 only

Nature Pensionne

Toribio Chavez Sts., CDO Tel. No. 723598 / 723718 / 857-2274

NEW DAWN PENSIONNE Velez-Macahambus Sts, CDO Tel Nos. 8571776, 721776 email : gchreservation@yahoo.com

Malasag Eco Tourism Villages Cugman, CDO Tel. No.855-6183 [088]309-3752

Nazareth Cagayan de Oro City Tel. No.852-1939 Mobile No. 0922-885-5918

PLS SUBMIT YOUR RESUME

MDN: SEPT. 22, 24, 26, 28, OCT. 1, 3 & 4, 2012

Apple Tree Resort and Hotel

St.Guillermo Nicolas Inn Hayes Street

1 PROJECT ENGINEER MALE 25 TO 35 YR. OLD LICENSED 1 CONSTRUCTION WAREHOUSE MAN COLLEGE LEVEL MALE 25 TO 35 YR. OLD

Carmen, Cag. de Oro Tel. No. 71-22-03, 71-22-01, 7122-05

Southwinds Hotel

NEEDS THE FOLLOWING:

MDN: SEPT. 20, 27, & OCT. 4, 2012

MDN: SEPT. 27, OCT. 4 & 11, 2012

E for R

BOUNTY FRESH FOOD INC.

FOR YOUR ADVERTISEMENTS PLACEMENTS CONTACT

6

THURSDAY, OCTOBER 4, 2012

ORDINANCE www.mindanaodailybalita.com

EXCERPT FROM THE MINUTES OF THE REGULAR SESSION OF THE SANGGUNIANG BAYAN OF THE MUNICIPALITY OF TUBOD, PROVINCE OF LANAO DEL NORTE, HELD ON MARCH 5, 2012, AT THE LEGISLATIVE HALL. Present: Hon. Eduardo C. Mansueto, Vice Mayor, Presiding Officer Hon. Edward O. Pido, SBMember Hon. Nelly M. Pepito, SBMember Hon. Clifford J. Jumalon, SBMember Hon. Jimmy N. Amas, SBMember Hon. Rudy L. Pepito, SBMember Hon. Nicasio C. Lacson, SBMember Hon. Loriano S. Jumarito, SBMember Hon. Peter John G. Yanoc, SK Federated President Absent: Hon. Leoncio C. Bagol, ABC President RESOLUTION NO. 27, S’ 2012 “ENACTING MUNICIPAL ORDINANCE REVISING THE REVENUE CODE OF TUBOD, LANAO DEL NORTE, AND APPROPRIATING FUNDS THEREFORE.” WHEREAS, Section 18 of Republic Act 7160, known as the Local Government Coded of 1991 states that “Local Government Unit has the power to create their own sources of revenues to levy taxes, fees and charges which shall be retained to them; WHEREAS, the existing Revenue Code of Tubod, Lanao del Norte has been revised last January 2006 and some provisions that have not updated to fit the present condition of the economy of the town, as well as with other vital and appropriate considerations; and WHEREAS, there is a need to revise the Revenue Code of Tubod, commensurate with the status of the economic situation of the municipality and by virtue of the real essence of local autonomy.

WHEREFORE, on motion of SBMember Jimmy N. Amas, duly seconded by SBMember Felipe A. Perales, it was resolved, as it is hereby RESOLVED, by the Sangguniang Bayan of Tubod, Lanao del Norte in session assembled to pass and enact – MUNICIPAL ORDINANCE NO. 224-2012 “REVISING THE REVENUE CODE OF THE MUNICIPALITY OF TUBOD, PROVINCE OF LANAO DEL NORTE.” Be it ordained by the Sangguniang Bayan of the Municipality of Tubod, Province of Lanao del Norte, that CHAPTER 1. GENERAL PROVISIONS TITLE 1. Short Title and Scope Section 1. Short Title. This ordinance shall be known as the 2012 Revenue Code of the Municipality of Tubod, Province of Lanao del Norte.

Section 2. Scope and Application. This Code shall govern the levy, assessment, and collection of taxes, fees, charges and other impositions within the territorial jurisdiction of this municipality.

TITLE II. Construction of Provisions Section 1. Words and Phrases Not Herein Expressly Defined. Words and phrases embodied in this Code not herein specifically defined shall have the same definitions as found in RA 7160, otherwise known as the Local Government Code of 1991.

Section 2. Rules of Construction. In construing the provisions of this Code, the following rules of construction shall be observed unless inconsistent with the manifest intent of the provisions. (a) General Rules. All words and phrases shall be construed and understood according to the common and approved usage of the language; but the technical words and phrases and such other words in this Code which may have acquired a peculiar or appropriate meaning shall be construed and understood according to such technical, peculiar or appropriate meaning. (b) Gender and Number. Every word in the Code importing the masculine gender shall extend to both male and female. Every word importing the singular number shall apply to several persons or things as well; and every word importing the plural number shall extend and be applied to one person or thing as well. (c) Reasonable Time. In all cases where any act is required to be done within the reasonable time, the same shall be deemed to mean such time as may be necessary for the prompt performance of the act. (d) 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 if the last day falls on a Sunday or holiday, in which case the same shall be excluded in the computation and the business day following shall be considered the last day. (e) References. All references to chapters, articles, or sections are to the 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 matters and questions involved therein. (g) Conflicting Provisions of Sections. If the provisions of the different sections in the same article conflict with each other, the provisions of the Section which is the last in point of sequence shall prevail.

TITLE III. Definition of Terms Section 1. Definitions . When used in this Code. (a) Business means trade or commercial activity regularly engaged in as a means of livelihood or with a view to profit; (b) Charges refer to pecuniary liability, as rents or fees against persons or property; (c) Cooperative is a duly registered association of persons, with a common bond of interest, who have voluntarily joined together to achieve a lawful, common, social, or economic end, making equitable contributions to the capital required and accepting a fair share of the risks and benefits of the undertaking in accordance with universally accepted cooperative principles. (d) Corporations includes partnerships, no matter how created or organized, joint-stock companies, joint accounts (cuentas en participation), associations or insurance companies but does not include general professional partnerships and a joint venture or consortium formed for the purpose of undertaking construction projects or engaging in petroleum, coal, geothermal, and other energy operations or consortium agreement under a service contract with the government.

General professional partnerships are partnerships formed by persons for the sole purpose of exercising their common profession, no part of the income of which is derived from engaging in any trade or business; The term “resident foreign” when applied to a corporation means a foreign corporation not otherwise organized under the laws of the Philippines but engaged in trade or business within the Philippines. (e) Countryside and Barangay Business Enterprise refers to any business entity, association, or cooperative registered under the provisions of RA 6810, otherwise known as Magna Carta for Countryside and Barangay Business Enterprises (Kalakalan 20); (f) Fee means a charge fixed by law or ordinance for the regulation or inspection of a business or activity. It shall also include charges fixed by law or agency for the services of a public officer in the discharge of his official duties; (g) Franchise is a right or privilege, affected with public interest that is conferred upon private persons or corporations, under such terms and conditions as the government and its political subdivisions may impose in the interest of public welfare, security and safety; (h) Gross Sales or Receipts include the total amount of money or its equivalent representing the contract price, compensation or service fee, including the amount charged or materials supplied with the services and deposits or advance payments actually received during the taxable quarter for the services performed or to be performed for another person excluding discounts if determinable at the time of sales, sales return, excise tax, and value added tax (VAT); (i) Levy means an imposition or collection of an assessment, tax, fee, charge, or fine. (j) License or Permit is a right or permission granted in accordance with law or by a competent authority to engage in some business or occupation or to engage in some transactions. (k) Municipal Waters include not only streams, lakes and tidal waters within the municipality, not being the subject of private ownership and not comprised within the national parks, public forest, timber lands, forest reserves or fishery reserves, but also marine waters included between two lines drawn perpendicularly to the general coastline from points where boundary lines of the municipality or city touch the sea at low tide and a third line parallel with the general coastline and fifteen (15) kilometers from it. Where two (2) municipalities are so situated on the opposite shores that there is less than fifteen (15) kilometers of marine waters between them, the third line shall be equally distant from opposite shores of the respective municipalities; (l) Operator includes the owner, manager, administrator, or any other person who operates or is responsible for the operation of a business establishment or undertaking; (m) Privilege means a right or immunity granted as a peculiar benefit, advantage or favor. (n) Persons mean every natural or juridical being, susceptible of rights and obligations or of being the subject of legal relations; (o) Rental means the value of the consideration, whether in money, or otherwise, given for the enjoyment or use of a thing. (p) Residents refer to natural persons who have their habitual residence in the province, city, or municipality where they exercise their civil rights and fulfill their civil obligations, and to juridical persons for which the law or any other provision creating or recognizing them fixes their residence in a particular province, city or municipality. In the absence of such laws, juridical persons are residents or the province, city or municipality where they have their legal residence or principal place of business or where they conduct their principal business or occupation; (q) Revenue includes taxes, fees and charges that a state or its political subdivision collects and receives into the treasury for public purposes. (r) Services mean the duties, work or functions performed or discharged by a government officer, or by a private person contracted by the government, as the case may be.

pounders or liquors, distilled spirits, and wines or manufacturers of any article of commerce of whatever kind or nature. In accordance with the following schedule:

(s) Tax means an enforced contribution, usually monetary in form, levied by the law making body on persons and property subject to its jurisdiction for the precise purpose of supporting governmental needs. (t) Vessels include every type of boat, craft or other artificial contrivance, capable of being used, as a means of transportation on water.

CHAPTER II. TAXES ON BUSINESS TITLE I. Graduated Tax on Business Section 1. Definitions. When used in this Article. (a) Advertising Agency includes all persons who are engaged in the business of advertising for others by means of billboards, posters, placards, notices, signs, directories, pamphlets, leaflets, handbills, electric or neon lights, airplanes, balloons or other media, whether in pictorial or reading form. (b) Agricultural Products include the yield of the soil, such as corn, rice, wheat, rye, hay, coconut, sugarcane, tobacco, root crops, vegetables, fruits, flowers, and their by-products; ordinary salt; all kinds of fish; poultry; and livestock and animal products, whether in their original form or not; The phrase “whether in their original form or not” refers to the transformation of said products by the farmer, fisherman, producer or owner through the application of processes to preserve or otherwise to prepare said products for the market such as freezing, drying, salting, smoking, or stripping for purposes of preserving or otherwise preparing said products for the market; to be considered an agricultural product whether in its original form or not, its transformation must have been undertaken by the farmer, fisherman, producer or owner.

Agricultural products as defined include those that undergo not only simple but even sophisticated processes employing advanced technological means in packaging like dressed chicken or ground coffee in plastic bags or styropor or other packaging materials intended to process and prepare the products for the market.

The term by-products shall mean those materials which in cultivation or processing of an article remain over, and which are still of value and marketable, like copra cake from copra or molasses from sugar cane; (c) Amusement is a pleasurable diversion and entertainment. It is synonymous to relaxation, avocation, pastime, or fun; (d) Amusement Places include theaters, cinemas, concert halls, circuses and other places of amusement where one seeks admission to entertain oneself by seeing or viewing the show or performance; (e) Banks and other Financial Institutions include non-bank financial intermediaries, lending investors, finance and investment companies, pawnshops, money shops, insurance companies, stock markets, stock brokers, and dealers in securities and foreign exchange, as defined under applicable law, or rules and regulations thereunder; (f) Brewer includes all persons who manufacture fermented liquors of any description for sale or delivery to others but does not include manufacturers of tuba, basi, tapuy or similar domestic fermented liquors, whose daily production does not exceed two hundred gauge liters. (g) Business Agent includes all persons who act as agents of others in the transaction of business with any public officer, as well as those who conduct collecting, advertising, employment, or private detective agencies. (h) Cabaret/Dance Hall includes any place or establishment where dancing is permitted to the public in consideration of any admission, entrance, or any other fee paid, on or before, or after the dancing, and where professional hostesses or dancers are employed. (i) Capital Investment is the capital that a person employs in any undertaking, or which he contributes to the capital of a partnership, corporation, or any other juridical entity or association in a particular taxing jurisdiction; (j) Carenderia refers to any public eating place where food already cooked are served at a price. (k) Cockpit includes any place, compound, building or portion thereof, where cockfights are held, whether or not money bets are made on the results of such cockfights. (l) Contractor includes persons, natural or juridical, not subject to professional tax under Section 139 of the Local Government Code of 1991, whose activity consists essentially of the sale of all kinds of services for a fee, regardless of whether or not the performance of the service calls for the exercise or use of the physical or mental faculties of such contractor or his employees; As used in this Article, the term “contractor” shall include general engineering, general building and specially contractors as defined under applicable laws, filling, demolition and salvage works contractors; proprietors or operators of mine drilling apparatus; proprietors or operators of dockyards; persons engaged in the installation of water system, and gas or electric light, heat, or establishments; proprietors or operators of smelting plants; engraving plating and plastic lamination establishments; proprietors or operators of establishments for repairing, repainting, upholstering, washing or greasing of vehicles, heavy equipment, vulcanizing, recapping and battery charging; proprietors or operators of furniture shops and establishments for planing or surfacing and recutting of lumber and sawmills under contract to saw or cut logs belonging to others; proprietors or operators of dry-cleaning or dyeing establishments, steam laundries, and using washing machines; proprietors or owners of shops for the repair of any kind of mechanical and electrical devices; instruments, apparatus, or furniture and shoe repairing by machine or any mechanical and electrical devices; proprietors or operators of establishments or lots for parking purposes; proprietors or operators of tailor shops, dress shops. milliners and hatters, beauty parlors, barbershops, massage clinics, sauna, Turkish and Swedish baths, slenderizing and body-building saloon and similar establishments; photographic studios; funeral parlors; proprietors or operators of hotels, motels, and lodging houses; proprietors or operators of arrastre and stevedoring, warehousing, or forwarding establishments; master plumbers, smiths and house or sign painters; printers, bookbinders, lithographers, publishers except those engaged in the publication or printing of any newspaper, magazine, review or bulletin which appears at regular intervals with fixed prices for subscription and sale and which is not devoted principally to the publication of advertisements; business agents, private detectives or watchman agencies; commercial and immigration brokers; cinematographic film owners, lessors and distributors.

The term “contractor” shall also include, but shall not be limited to, tax subjects enumerated under Section19 of Presidential Decree No. 231, but which are no longer included in the enumeration of “contractor” under Section 131 of Republic Act No. 7160, viz.: welding shops, service stations, white/blue, printing, recopying, or photocopying services, assaying laboratories, advertising agencies, shops for shearing animals, vaciador shops, stables, construction of motor vehicles, animal drawn vehicles, and/or tricycles, lathe machine shops, furniture shops, and proprietors of bulldozers and other heavy equipment available to others for consideration. (m) Dealer means one whose business is to buy and sell merchandise, goods and chattels as a merchant. He stands immediately between the producer or manufacturer and the consumer and depends for his profit not upon the labor he bestows upon his commodities but upon the skill and foresight with which he watches the market; (n) Importer means any person who brings articles, goods, wares or merchandise of any kind or class into the Philippines from abroad for unloading therein, or which after entry are consumed herein or incorporated into the general mass of property in the Philippines. In case of tax-free articles, brought or imported into the Philippines by persons, entities or agencies exempt from tax which are subsequently sold, transferred or exchanged in the Philippines to non-exempt private persons or entities, the purchaser or recipient shall be considered the importer thereof. (o) Manufacturer includes every person who, by physical or chemical process, alters the exterior texture or form or inner substance of any such raw materials or manufactured or partially manufactured product in such manner as to prepare it for special use or uses to which it could not have been put in its original condition, or who by any such process, alters the quality of any such raw material or manufactured or partially manufactured products so as to reduce its marketable shape or prepare it for any of the use of industry, or who by any such process, combines any raw material or manufactured products with other materials or products of the same or of different kinds and in such manner that the finished products of such process or manufacture can be put to a special use or uses to which such raw material or manufactured or partially manufactured in their original condition could not have been put, and who in addition, alters such raw material or manufactured or partially manufactured products, or combines the same to produce such finished products for the purpose of their sale or distribution to others and for his own use for consumption; (p) Marginal Farmer or Fisherman refers to individuals engaged in subsistence farming or fishing which shall be limited to the sale, barter or exchange of agricultural or marine products produced by himself and his immediate family and whose annual net income from such farming or fishing does not exceed Fifty Thousand Pesos ( 50,000.00) or the poverty line established by NEDA for the particular region or locality, whichever is higher; (q) Motor Vehicle means any vehicle propelled by any power other than muscular power using the public roads, but excluding road rollers, trolley cars, street sweepers, sprinklers, lawn mowers, bulldozers, graders, forklifts, amphibian trucks, and cranes if not used on public roads, vehicles that run only on rails or tracks, tractors, trailers, and traction engines of all kinds used exclusively for agricultural purposes; (r) Peddler means any person who, either for himself or on commission, travels from place to place and sells his goods or offers to sell and deliver the same. Whether a peddler is a wholesale peddler or retail peddler of a particular commodity shall be determined from the definition of wholesale dealer or retail dealer as provided in this Ordinance; (s) Public Market refers to any place, building, or structure of any kind designated as such by the local board or council, except public streets, plazas, parks, and the like. (t) Rectifier comprises every persons who rectifies, purifies, or refines distilled spirits or wines by any process other than by original or continuous distillation from mash, wort, wash, sap, or syrup through continuous closed vessels and pipes until the manufacture thereof is complete. Every wholesale or retail liquor dealer who has in his possession any still or mash tub, or who keeps any other apparatus for the purpose of distilling spirits, or in any manner refining distilled spirits, shall also be regarded as a rectifier and as being engaged in the business of rectifying. (u) Restaurant refers to any place which provides food to the public and accepts orders from them at a price. This term includes caterers. (v) Retail means a sale where the purchaser buys the commodity for his consumption, irrespective of the quantity of the commodity sold; (w) Vessel includes every type of boat, craft, or other artificial contrivances used, or capable of being used, as a means of transportation on water. (x) Wharfage means a fee assessed against the cargo of a vessel engaged in foreign or domestic trade based on quantity, weight, or measure received and/or discharged by vessel; (y) Wholesale means a sale where the purchaser buys or imports the commodities for resale to persons other than the end user regardless of the quantity of the transaction.

Section 2. Imposition of Tax. There is hereby imposed on the following persons who establish, operate, conduct or maintain their respective business within the municipality a graduated business tax in the amounts hereafter prescribed: (a) On manufacturers, assemblers, repackers, processors, brewers, distillers, rectifiers, and com-

Amount of Gross Sales/Receipts For the Preceding Calendar Year:

Tax Per Annum

Less than 10,000.00 220.00 10,000.00 or more but less than 15,000.00 292.00 15,000.00 or more but less than 20,000.00 401.00 20,000.00 or more but less than 30,000.00 585.00 30,000.00 or more but less than 40,000.00 879.00 40,000.00 or more but less than 50,000.00 1,098.00 50,000.00 or more but less than 75,000.00 1,757.00 75,000.00 or more but less than 100,000.00 2,197.00 100,000.00 or more but less than 150,000.00 2,928.00 150,000.00 or more but less than 200,000.00 3,661.00 200,000.00 or more but less than 300,000.00 5,125.00 300,000.00 or more but less than 500,000.00 7,321.00 500,000.00 or more but less than 750,000.00 10,648.00 750,000.00 or more but less than 1,000,000.00 13,310.00 1,000,000.00 or more but less than 2,000,000.00 18,302.00 2,000,000.00 or more but less than 3,000,000.00 21,962.00 3,000,000.00 or more but less than 4,000,00 26,354.00 4,000,000.00 or more but less than 5,000,000.00 30,746.00 5,000,000.00 or more but less than 6,500,000.00 32,443.00 6,500,000.00 or more At a rate not exceeding thirty seven and a half percent (37-1/2%) of one percent (1%) The preceding rates shall apply only to the amount of domestic sales of manufacturers, assemblers, repackers, processors, brewers, distillers, rectifiers and compounders of liquors, distilled spirits, and wines or manufacturers of any article of commerce of whatever kind or nature other than those enumerated under paragraph (c) of this Section. (b) On wholesalers, distributors, or dealers in any article of commerce of whatever kind or nature in accordance with the following schedules: Gross Sales/Receipts for the Preceding Calendar Year

Amount of Tax Per Annum

Less than 1,000.00 24.00 1,000.00 or more but less than 2,000.00 44.00 2,000.00 or more but less than 3,000.00 67.00 3,000.00 or more but less than 4,000.00 96.00 4,000.00 or more but less than 5,000.00 133.00 5,000.00 or more but less than 6,000.00 161.00 6,000.00 or more but less than 7,000.00 190.00 7,000.00 or more but less than 8,000.00 220.00 8,000.00 or more but less than 10,000.00 249.00 10,000.00 or more but less than 15,000.00 293.00 15,000.00 or more but less than 20,000.00 366.00 20,000.00 or more but less than 30,000.00 439.00 30,000.00 or more but less than 40,000.00 585.00 40,000.00 or more but less than 50,000.00 879.00 50,000.00 or more but less than 75,000.00 1,318.00 75,000.00 or more but less than 100,000.00 1,757.00 100,000.00 or more but less than 150,000.00 2,489.00 150,000.00 or more but less than 200,000.00 3,221.00 200,000.00 or more but less than 300,000.00 4,392.00 300,000.00 or more but less than 500,000.00 7,187.00 500,000.00 or more but less than 750,000.00 8,785.00 750,000.00 or more but less than 1,000,000.00 11,713.00 1,000,000.00 or more but less than 2,000,000.00 13,310.00 2,000,000.00 or more At a rate not exceeding fifty percent (50%) of one percent (1%) The businesses enumerated in paragraph (a) above shall no longer be subject to the tax on wholesalers, distributors, or dealers herein provided for. (c) On exporters, and on manufacturers, millers, producers, wholesalers, distributors, dealers or retailers of essential commodities enumerated hereunder at a rate not exceeding one-half (1/2) of the rates prescribed under subsections (a), (b), and (d) of this Article; (1) Rice and Corn; (2) Wheat or cassava flour, meat, dairy products, locally manufactured, processed or preserved food, sugar, salt and agricultural marine and fresh water products, whether in their original state or not; (3) Cooking oil and cooking gas; (4) Laundry soap, detergents and medicine; (5) Agricultural implements, equipment and post-harvest facilities, fertilizers, pesticides, insecticides, herbicides and other farm inputs; (6) Poultry feeds and other animal feeds; (7) School supplies; and (8)

Cement

For purposes of this provision, the term exporters shall refer to those who are principally engaged in the business of exporting goods and merchandise, as well as manufacturers and producers whose goods or products are both sold domestically and abroad. The amount of export sales shall be excluded from the total sales and shall be subject to the rates not exceeding one half (1/2) of the rates prescribed under paragraphs (a), (b), and (d) of this Article. (d)

On retailers.

Gross Sales/Receipts for the Preceding year 400,000.00 or less More than 400,000.00

Rate of Tax Per Annum 2.66% 1.33%

The rate of two percent (2.66%) per annum shall be imposed on sales not exceeding Four Hundred Thousand Pesos (P 400,000.00) while the rate of one percent (1.33%) per annum shall be imposed on sales in excess of the first Four Hundred Thousand Pesos (P400,000.00).

However, barangays shall have the exclusive power to levy taxes on stores whose gross sales or receipts of the preceding calendar year does not exceed Thirty Thousand Pesos (P30,000.00) subject to existing laws and regulations. (e)

On contractors and other independent contractors in accordance with the following schedule.

Gross Sales/Receipts for the Preceding Calendar Year

Amount of Tax Per Annum

Less than 5,000.00 37.00 5,000.00 or more but less than 10,000.00 82.00 10,000.00 or more but less than 15,000.00 139.00 15,000.00 or more but less than 20,000.00 220.00 20,000.00 or more but less than 30,000.00 365.00 30,000.00 or more but less than 40,000.00 513.00 40,000.00 or more but less than 50,000.00 733.00 50,000.00 or more but less than 75,000.00 1,172.00 75,000.00 or more but less than 100,000.00 1,757.00 100,000.00 or more but less than 150,000.00 2,636.00 150,000.00 or more but less than 200,000.00 3,513.00 200,000.00 or more but less than 250,000.00 4,831.00 250,000.00 or more but less than 300,000.00 6,149.00 300,000.00 or more but less than 400,000.00 8,199.00 400,000.00 or more but less than 500,000.00 10,981.00 500,000.00 or more but less than 750,000.00 12,312.00 750,000.00 or more but less than 1,000,000.00 13,643.00 1,000,000.00 or more but less than 2,000,000.00 15,307.00 In excess of 2,000,000.00 At a rate not exceeding fifty percent (50%) of one percent (1%) Provided, that in no case shall the tax on gross sales of P2,000,000.00 or more be less than P11,500.00.

For purposes of this section, the tax on multi-year projects undertaken general engineering, general building, and specialty contractors shall initially be based on the total contract price, payable in equal annual installments within the project term.

Upon completion of the project, the taxes shall be recomputed on the basis of the gross receipts for the preceding calendar years and the deficiency tax, If there be any, shall be collected as provided in this Code or the excess tax payment shall be refunded.

In cases of projects completed within the year, the tax shall be based upon the contract price and shall be paid upon the issuance of the Mayor’s Permit. (f)

On banks and other financial institutions, at the rate of fifty percent of one percent (50% of 1%) of the gross receipts of the preceding calendar year derived from interest, commissions and discounts from lending activities, income from financial leasing, dividends, rentals on property, and profit from exchange or sale of property, insurance premium. All other income and receipts not herein enumerated shall be excluded in the computation of the tax.

ORDINANCE/P7

THURSDAY, OCTOBER 4, 2012

ORDINANCE www.mindanaodailybalita.com

Ordinance... from page 6 (g)

Owners or operators of cafes, refreshment parlors, restaurants, carinderias, food caters shall pay the tax accordance with the following schedule: Gross Annual Sales/Receipts For the Preceding Year

Amount of Tax Per Annum

Less than P2,000.00 P2,000.00 or more but less than 5,000.00 or more but less than 8,000.00 or more but less than 12,000.00 or more but less than 18,000.00 or more but less than 25,000.00 or more but less than 30,000.00 or more but less than 35,000.00 or more but less than 40,000.00 or more but less than In excess of P1,000.00 or fraction thereof in

P P

P

5,000.00 8,000.00 12,000.00 18,000.00 25,000.00 30,000.00 35,000.00 40,000.00 50,000.00 50,000.00

67.00 107.00 186.00 193.00 399.00 532.00 665.00 1,065.00 1,331.00 1,997.00 13.00

h. Real Estate dealers shall pay the tax in accordance with the following schedule: 1.

Subdivision operators, per sq. meter the tax shall be base on the total area of the remaining lots titled in .13 the name of the subdivision operator.

2.

Lessors or sub-lessors of real estate except hotels, motels and lodging houses which are taxable under paragraph (e) of this section: Gross Annual Receipts for the Preceding Year

Amount of Tax Per Annum

Less than 1,000.00 P1,000.00 or more but less than 5,000.00 or more but less than 10,000.00 or more but less than 20,000.00 or more but less than 30,000.00 or more but less than 40,000.00 or more but less than In excess P1,000.00 in excess of P50,000.00 for real property used for purposes other than residential In excess P1,000.00 in excess of P50,000.00 for real property used for residential purpose

exempt P 5,000.00 10,000.00 20,000.00 30,000.00 40,000.00 50,000.00

P

67.00 133.00 266.00 399.00 999.00 1,331.00 27.00 13.30

3. On dealers of real estate excluding subdivisions operators and lessor or real estate: Gross Annual Receipts for the Preceding Year

Amount of Tax Per Annum

Less than P10,000.00 P10,000.00 or more but less than 50,000.00 or more but less than 100,000.00 or more but less than 150,000.00 or more but less than 300,000.00 or more but less than 500,000.00 or more but less than 1,000,000.00 or more but less than 3,000,000.00 or more but less than 5,000,000.00 or more but less than 8,000,000.00 or more but less than For every P500,000.00 but in excess of P10,000.00

P 50,000.00 100,000.00 150,000.00 300,000.00 500,000.00 1,000,000.00 3,000,000.00 5,000,000.00 8,000,000.00 10,000,000.00

399.00 999.00 1,331.00 1,997.00 3,328.00 6,655.00 10,648.00 19,965.00 26,620.00 33,275.00 46,585.00 1,997.00

i. Owner or operators of private owned public markets and shopping center shall pay the tax in accordance with the following schedules: Gross Receipts for the Preceding Calendar Year Less than P20,000.00 20,000.00 or more but less than 50,000.00 or more but less than 100,000.00 or more but less than 200,000.00 or more but less than 250,000.00 or more but less than 350,000.00 or more but less than 500,000.00 or more but less than 750,000.00 or more but less than For every P5,000.00 in excess of

Amount of Tax Per Annum P 665.00 50,000.00 1,997.00 100,000.00 3,328.00 200,000.00 6,655.00 250,000.00 8,652.00 350,000.00 10,648.00 500,000.00 13,310.00 750,000.00 15,972.00 1,000,000.00 19,965.00 1,000,000.00 133.00

(h) On peddlers engaged in the sale of any merchandise or article of commerce, at the rate of (not exceeding P 50.00) per peddler annually.

Delivery trucks, vans or vehicles used by manufacturers, producers, wholesalers, dealers or retailers enumerated under Section 141 of R.A. 7160 shall be exempt: from the peddlers tax herein imposed.

The tax herein imposed shall be payable within the first twenty (20) days of January. An individual who will start to peddle merchandise or articles of commerce after January 20 shall pay the full amount of the tax before engaging in such activity. (i) On operators of public utility vehicles maintaining booking office , terminal, or waiting station for the purpose of carrying passengers from this municipality under a certificate of public convenience and necessity or similar franchises: Air-conditioned buses Buses without air conditioning “Mini” buses Jeepneys/Fieras/Tamaraws Taxis

_____ per unit _____ per unit _____ per unit _____ per unit _____ per unit

(NOTE: Rate may be determined by computing estimated earning per day x 300 days x rate not to exceed 2% of gross receipts) Section 3. Presumptive Income Level. For every tax period, the Treasurers Office shall prepare a stratified schedule of “presumptive income level” to approximate the gross receipt of each business classification.

[The PIL technique makes use of easily verifiable indicators as means for determining gross sales.

It is based on logical assumptions that do not require monitoring of business establishments nor financial audit and complicated computation.

The indicators can be in the form of estimated daily sales/gross receipts, average number of customers, estimates of inventories, inventory turnover and mark-ups, space occupied, occupancy rates, and others.

The indicators will also depend on the nature of the business.

The major consideration in identifying possible indicators should be that these are easy to quantify, verifiable, common for the business, and acceptable to both the LGU and the taxpayers.]

Section 4. Exemption. Business engaged in the production, manufacture, refining, distribution or sale of oil, gasoline, and other petroleum products shall not be subject to any local tax imposed in this Article.

Section 5. Tax on Newly-Started Business. In the case of a newly started business under this Section, the tax shall be one-twentieth of one percent (1/20 of 1%) of the capital investment.

In the succeeding calendar year, regardless of when the business started to operate, the tax shall be based on the gross receipts for the preceding calendar year or any fraction thereof, as provided in the pertinent schedules in this Article.

TITLE II. Situs of Tax Section 1. Situs of the Tax. (a) For purposes of collection of the business tax under the “situs” of the tax law, the following definition of terms and guidelines shall be strictly observed: 1. Principal Office - the head or main office of the businesses appearing in the pertinent documents submitted to the Securities and Exchange Commission, or the Department of Trade and Industry, or other appropriate agencies as the case may be.

The city or municipality specifically mentioned in the articles of the incorporation or official registration papers as being the official address or said principal office shall be considered as the situs thereof.

In case there is a transfer or relocation of the principal office to another city or municipality, it shall be the duty of the owner, operator or manager of the business to give due notice of such transfer or relocation to the local chief executives of the cities or municipalities concerned within fifteen (15) days after such transfer or relocation is effected.

2. Branch or Sales Office - a fixed place in a locality which conducts operations of the businesses as an extension of the principal office. However, offices used only as display areas of the products where no stocks or items are stored for sale, although orders for the products may be received thereat, are not branch or sales offices as herein contemplated. A warehouse which accepts orders and/or issues sales invoices independent of a branch with sales office shall be considered as a sales office.

3. Warehouse - a building utilized for the storage of products for sale and from which goods or merchandise are withdrawn for delivery to customers or dealers, or by persons acting on behalf of

the business. A warehouse that does not accept orders and/or issue sales invoices as aforementioned shall not be considered a branch or sales office.

4. Plantation - a tract of agricultural land planted to trees or seedlings whether fruit bearing or not, uniformly spaced or seeded by broadcast methods or normally arranged to allow highest production.

For purpose of this Article, inland fishing ground shall be considered as plantation.

5. Experimental Farms - agricultural lands utilized by a business or corporation to conduct studies, tests, researches or experiments involving agricultural, agri-business, marine or aquatic livestock, poultry, dairy and other similar products for the purpose of improving the quality and quantity of goods and products.

However, on-site sales of commercial quantity made in experimental farms shall be similarly imposed the corresponding tax under paragraph (b), Section 2A.02 of this Ordinance. (b) Sales Allocation 1. All sales made in a locality where there is branch or sales office or warehouse shall be recorded in said branch or sales office or warehouse and the tax shall be payable to the city or municipality where the same is located.

2. In cases where there is no such branch, sales office, plant or plantation in the locality where the sale is made, the sale shall be recorded in the principal office along with the sale made by said principal office and the tax shall accrue to the city or municipality where said principal office is located.

3. In cases where there is a factory, project office, plant or plantation in pursuit of business, thirty percent (30%) if all sales recorded in the principal office shall be taxable by the city or municipality where the principal office is located and seventy percent (70%) of all sales recorded in the principal office shall be taxable by the city or municipality where the factory, project office, plant or plantation is located.

The sales allocation in (a) and (b) above shall not apply to experimental farms. LGUs where only experimental farms are located shall not be entitled to the sales allocation herein provided for.

4. In case of a plantation located in a locality other than that where the factory is located, said seventy percent (70%) sales allocation shall be divided as follows: Sixty percent (60%) to the city or municipality where the factory is located; and Forty percent (40%) to the city or municipality where the plantation is located.

5. In cases where there are two (2) or more factories, project offices, plants or plantations located in different localities, the seventy percent (70%) sales allocation shall be pro-rated among the localities where such factories, project offices, plants and plantations are located in proportion to their respective volumes of production during the period for which the tax is due.

In the case of project offices of services and other independent contractors, the term production shall refer to the costs of projects actually undertaken during the tax period.

6. The foregoing sales allocation under par. (3) hereof shall be applied irrespective of whether or not sales are made in the locality where the factory, project office, plant or plantation is located. In case of sales made by the factory, project office, plant or plantation, the sale shall be covered by paragraph (1) or (2) above.

7. In case of manufacturers or producers which engage the services of an independent contractor to produce or manufacture some of their products, the rules on situs of taxation provided in this article as clarified in the paragraphs above shall apply except that the factory or plant and warehouse of the contractor utilized for the production or storage of the manufacturer’s products shall be considered as the factory or plant and warehouse of the manufacturer.

8. All sales made by the factory, project office, plant or plantation located in this municipality shall be recorded in the branch or sales office which is similarly located herein, and shall be taxable by this municipality. In case there is no branch or sales office or warehouse in this municipality, but the principal office is located therein, the sales made in the dais factory shall be taxable by this municipality along with the sales made in the principal office. (c) Port of Loading - the city or municipality where the port of loading is located shall not levy and collect the tax imposable under Article A, Chapter 2 of this Ordinance unless the exporter maintain in said city or municipality its principal office, a branch, sales office, warehouse, factory, plant or plantation in which case the foregoing rule on the matter shall apply accordingly. (d) Route Sales - sales made by route trucks, vans or vehicles in this municipality where a manufacturer, producer, wholesaler, maintains a branch or sales office or warehouse shall be recorded in the branch or sales office or warehouse and shall be taxed herein.

This municipality shall tax the sales of the products withdrawn by route trucks from the branch, sales office or warehouse located herein but sold in another locality.

TITLE III. Payment of Business Taxes Section 1. Payment of Business Taxes. (a) The taxes imposed under Section 2A.01 and Section 2B.01 of this Ordinance shall be payable for every separate or distinct establishment or place where the business subject to the tax is conducted and one line of business does not become exempt by being conducted with some other businesses for which such tax has been paid. The tax on a business must be paid by the person conducting the same.

The conduct or operation of two or more related businesses provided for under Section 2A.01 and Section 2B.01 of this Code any one person, natural or juridical, shall require the issuance of a separate permit or license to each business. (b) In cases where a person conducts or operates two (2) or more of the businesses mentioned in Section 2A.01 of this Ordinance which are subject to the same rate of imposition, the tax shall be computed on the combined total gross sales or receipts of the said two (2) or more related businesses. (c) In cases where a person conducts or operates two (2) or more businesses mentioned in Section 2A.01 of this Ordinance which are subject to different rates of imposition, the taxable gross sales or receipts of each business shall be reported independently and tax thereon shall be computed on the basis of the pertinent schedule.

Section 2. Accrual of Payment. Unless specifically provided in this Article, the taxes imposed herein shall accrue on the first day of January of each year.

Section 3. Time of Payment. The tax shall be paid once within the first twenty (20) days of January or in quarterly installments within the first twenty (20) days of January, April, July, and October of each year. The Sangguniang Bayan may, for a justifiable reason or cause, extend the time for payment of such taxes without surcharges or penalties, but only for a period not exceeding six (6) months.

Section 4. Administrative Provisions. (a) Requirement. Any person who shall establish, operate or conduct any business, trade or activity mentioned in this Chapter in this municipality shall first obtain a Mayor’s Permit and pay the fee therefor and the business tax imposed under the pertinent Article. (b) Issuance and Posting of Official Receipt. The Municipal Treasurer shall issue an official receipt upon payment of the business tax. Issuance of the said official receipt shall not relieve the taxpayer of any requirement imposed by the different departments of this municipality.

Every person issued an official receipt for the conduct of a business or undertaking shall keep the same conspicuously posted in plain view at the place of business or undertaking. If the individual has no fixed place of business or office, he shall keep the official receipt in his person. The receipt shall be produced upon demand by the Municipal Mayor, Municipal Treasurer, or their duly authorized representatives. (c) Invoices or Receipt. All persons subject to the taxes on business shall, for each sale or transfer of merchandise or goods, or for services rendered, valued at Twenty-Five Pesos (P 25.00) or more at any one time, prepare and issue sales or commercial invoices and receipts serially numbered in duplicate, showing among others, their names or styles, if any, and business address. The original of each sales invoice or receipts shall be issued to the purchaser or customer and the duplicate to be kept and preserved by the person subject to the said tax, in his place of business for a period of five (5) years. The receipts or invoices issued pursuant to the requirement of the Bureau of Internal Revenue for determination of national internal revenue taxes shall be sufficient for purposes of this Code. (d) Sworn Statement of Gross Receipts or Sales. Operators of business subject to the taxes on business shall submit a sworn statement of the capital investment before the start of their business operations and upon application for a Mayor’s permit to operate the business. Upon payment of the tax levied in this Chapter, any person engaged in business subject to the business tax paid based on gross sales and/or receipts shall submit a sworn statement of his gross sales/receipts for the preceding calendar year or quarter in such manner and form as may be prescribed by the Municipal Treasurer.

Should the taxpayer fail to submit a sworn statement of gross sales or receipts, due among others to his failure to have a book of accounts, records or subsidiaries for his business, the Municipal Treasurer or his authorized representatives may verify or assess the gross sales or receipts of the taxpayer under the best available evidence upon which the tax may be based. (e) Submission of Certified Income Tax Return Copy. All persons who are granted a permit to conduct an activity or business and who are liable to pay the business tax provided in this Code shall submit a certified photocopy of their income tax returns (ITR) on or before April 30 of each year. The deficiency in the business tax arising out of the difference in gross receipts or sales declared in the application for Mayor’s Permit/ Declaration of gross sales or receipts and the gross receipts or sales declared in the ITR shall be payable on or before May 20 of the same year with interest at the rate of ten percent (10%) corresponding to the two percent (2%) per month from January to May. Payments of the deficiency tax made after May 20 shall be subject to the twenty-five percent (25%) surcharge and two percent (2%) interest for every month counted from January up to the month payment is made. (f) Issuance of Certification. The Municipal Treasurer may, upon presentation or satisfactory proof that the original receipt has been lost, stolen or destroyed, issue a certification to the effect that the business tax has been paid, indicating therein, the number of the official receipt issued, upon payment of a fee of ________Pesos (P____). (g) Transfer of Business to Other Location. Any business for which a municipal business tax has been paid by the person conducting it may be transferred and continued in any other place within the territorial limits of this municipality without payment of additional tax during the period for which the payment of the tax was made. (h) Retirement of Business.

(1) Any person natural or juridical, subject to the tax on business under Article A, Chapter 11 of this Ordinance shall, upon termination of the business, submit a sworn statement of the gross sales or receipts for the current calendar year within thirty (30) days following the closure. Any tax due shall first be paid before any business or undertaking is fully terminated.

For the purposes hereof, termination shall mean that business operations are stopped completely. Any change in ownership, management and/or name of the business shall not constitute termination as herein contemplated. Unless stated otherwise, assumption of the business by any new owner or manager or re-registration of the same business under a new name will only be considered by the LGU concerned for record purposes in the course of the renewal of the permit or license to operate the business.

The Municipal Treasurer shall see to it that the payment of taxes of a business is not avoided by simulating the termination or retirement thereof. For this purpose., the following procedural guidelines shall be strictly followed: (a) The Municipal Treasurer shall assign every application for the termination or retirement of business to an inspector in his office who shall go to the address of the business on record to verify if it is really not operating. If the inspector finds that the business is simply placed under a new name,

7

manager and/or new owner, the Municipal Treasurer shall recommend to the Municipal Mayor the disapproval of the application of the termination or retirement of said business; (b) Accordingly, the business continues to become liable for the payment of all taxes, fees, and charges imposed thereon under existing local tax ordinance; and (c) In addition, in the case of a new owner to whom the business was transferred by sale or other form of conveyance, said new owner shall be liable to pay the tax or fee for the business and shall secure a new Mayor’s permit therefor.

(2) In case it is found that the retirement or termination of the business is legitimate and the tax paid during the current year be less than the tax due for the current year based on the gross sales or receipts, the difference in the amount of the tax shall be paid before the business is considered officially retired or terminated.

(3) The permit issued to a business retiring or terminating its operation shall be surrendered to the Local Treasurer who shall forthwith cancel the same and record such cancellation in his books. (i) Death of Licensee. When any individual paying a business tax dies, and the business is continued by a person interested in his estate, no additional payment shall be required for the residue of the term for which the tax was paid.

TITLE IV. Tax on Ambulant and Itinerant Amusement Operators Section 1. Imposition of Tax. There is hereby imposed a tax on ambulant and itinerant amusement operators during fiestas and fairs at the following rates: Circus, carnivals, or the like per day Merry-Go-Round, roller coaster, ferris wheel, swing, shooting gallery and other similar contrivances per day

P 220.00

Sports contest/exhibitions per day

P ______

P110.00

Section 2. Time of Payment. The tax herein imposed shall be payable before engaging in such activity.

TITLE V. Tax on Mining Operations Section 1. Definitions. When used in the Article. (a) Minerals refer to naturally occurring inorganic substances (found in nature) whether in solid, liquid, gaseous or any intermediate state. (b) Mineral Products shall mean things produced and prepared in a workable state by simple treatment processes such as washing or drying but without undergoing any chemical change or process or manufacturing by the lessee, concessionaire or owner of mineral lands. (c) Quarry Resources means any common stone or other common mineral substances such as but not restricted to marble, granite, volcanic cinders, basalt, tuff, and rock phosphate.

Section 2. Imposition of Tax. There is hereby levied an annual tax at the rate of _______________ percent (____%) based on the gross receipts for the preceding year of mining operations. (The tax should not exceed 2% of the gross receipts during the preceding year.)

Section 3. Situs of the Tax. Payment of the tax shall be made to this municipality which has jurisdiction over the mining area. In case the area transcends two (2) or more local government units, payment shall be made to the municipality having the largest area.

Section 4. Exclusion. Extraction of the following are excluded from the coverage of the tax levied herein: (a) Mineral Products such as ordinary stones, sand, gravel, earth and other quarry resources; (b) Indigenous petroleum such as mineral oil, hydrocarbon gas, bitumen, crude asphalt, mineral gas and all other similar or naturally associated substances.

Section 5. Time of Payment. The tax shall be paid once within the first twenty (20) days of January or in quarterly installments within the first twenty (20) days of January, April, July, and October of each year.

Section 6. Administrative Provisions. (a) The Municipal Treasurer shall keep a registry of mining operators on which all instruments concerning mining rights, such as acquisition, sub-lease, operating agreements, transfers, assignments, condonment, cancellation and others, are recorded. (b) It shall be the duty of every lessee, owner, or operator to make a true and complete return setting forth the quantity and the actual market value of the minerals or mineral products or quarry resources to be removed.

TITLE VI. Tax on Forest Concessions and Forest Products Section 1. Definitions of terms. (a) Forest Products means timber, pulp-wood/chipwood, firewood, fuel wood and minor forest products such as bark, tree tops, resins, gum, wood, oil, honey, beeswax, nipa, rattan or other forest growth such as grass, shrub, and flowering plants, the associated water, fish, scenic, historical, recreational, and geologic resources in forest lands. (b) Forest Lands include the public forest, the permanent forest or the forest reserves, and forest reservations.

Section 2. Imposition of Tax. There is hereby imposed a tax on forest concessions and forest products at a rate of _______ percent (____%) of the annual gross receipts of the concessionaire during the preceding year.

Section 3. Time of Payment The tax shall be paid once within the first twenty (20) days of January or in quarterly installments within the first twenty (20) days of January, April, July, and October of each year.

CHAPTER III.

PERMIT AND REGULATORY FEES

TITLE I. Mayor’s Permit Fee on Business Section 1. Imposition of Fee. The following permit fees shall be collected for the issuance of a permit by the Municipal Mayor to operate a business, pursue an occupationor calling, or undertake an activity within the municipality; to wit: 1) Owners or operators of amusement places/devices: a) Night/day clubs, supper clubs, cocktail lounges, bars, disco houses, beer gardens, cabaret, dance hall. b) Social club/voluntary associations or organizations c) Skating rinks d) Bath Houses, resorts, steam baths, sauna baths and the like e) Billiard balls/pools halls per table f) Circuses, carnivals, per house g) Merry go-rounds, roller coasters, ferries wheels, swing, shooting galleries, or similar contrivances, per contrivance h) Theaters and Cinema houses i) Boxing studio, auditoriums, gymnasiums, concert hall or similar halls or establishments j) Race track establishments and cockpits l) Amusement devices, per device

P3,000.00 P1,000.00 P1,000.00 P5,000.00 P 100.00 P2,000.00 P 100.00 P5,000.00 P3,000.00 P5,000.00 100.00

2) Financial institutions (Banks, pawnshops, insurance companies, lending investors, money shops) Main Office P5,000.00 Per Branch P2,000.00 3) Pre-Need companies (Memorial plans, educational, etc.

Principal Office P2,000.00 Per branch P1,000.00 4) Subdivision Operators P5,000.00 5) Private cemeteries/memorial parks P5,000.00 6) Boarding Houses/Lodging Houses P 500.00 7) Dancing/Driving/Speed Reading Schools/EDP P1,000.00 8 Private Schools not regulated by DECS P1,000.00 9) Driving Ramps, Golf links, polo grounds P2,000.00 10) Private Detective/Security agencies Principal Office P2,000.00 For every locality where security P 200.00 11) For maintaining window/display office P 500.00 12) Promoters, sponsors/talent scouts P 200.00 13) For maintaining an office, such as liaison office, administrative Office and/or similar office with an area as follows: 400 sq.m. or more P1,000.00 300 sq.m. or more but less than 400 sq.m.

800.00 200 sq.m. or more but less than 300 sq.m.

P 600.00 200 sq.m. or less P 500.00 14) For operating private water refilling except those whichP1,000.00 Business is duly licensed in the municipality 15) Cold Storage P1,000.00 16) Lumber Yards P2,000.00 17) Car Exchanges P1,000.00 18) Storage and sell of flammable substances P1,000.00 19) Business classified under Article A P5,000.00 Sec. 2A.02 paragraph a, b, & e 20) Business classified under Article A P2,500.00 Sec. 2A.02 paragraph c exporter 21) Business classified under Article A P1,000.00 Sec. 2A.02 paragraph d retailer 22) Business classified under Article A P2,000.00 Sec. 2A.02 paragraph g (café, restaurant, etc) 23) Lessors/sub-lessors; Real Estate dealers P3,000.00 Excluding subdivision operators

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24) Operators of privately owned public markets, P5,000.00 Shopping centers 25) Dealers in fermented liquors/distilled spirits, P2,000.00 Tobacco 26) Gun clubs & martial arts club and other similar P1,000.00 Establishment 27) Fishponds, fish pens, etc. /pond/pen P1,000.00 28) Golf links, polo grounds P5,000.00 29) Refrigeration/cold storage P2,000.00 Section 2. Time and Manner of Payment. The fee for the issuance of a Mayor’s Permit shall be paid to the Municipal Treasurer upon application before any business or undertaking can be lawfully begun or pursued and within the first twenty (20) days of January of each year in case of renewal thereof.

For a newly-started business or activity that starts to operate after January 20, the fee shall be reckoned from the beginning of the calendar quarter. When the business or activity is abandoned, the fee shall not be exacted for a period longer than the end of the calendar quarter. if the fee has been paid for a period longer than the current quarter and the business activity is abandoned, no refund of the fee corresponding to the unexpired quarter or quarters shall be made.

Section 3. Administrative Provisions. (a) Supervision and control over establishments and places. The Municipal Mayor shall supervise and regulate all establishments and places subject to the payment of the permit fee. He shall prescribe rules and regulations as to the mode or manner on which they shall be conducted in so far as may be necessary to maintain peaceful, healthy, and sanitary conditions in the municipality. (b) Application for Mayor’s Permit: False Statement. An application for a Mayor’s Permit shall be filed with the Office of the Municipal Mayor. The form for the purpose shall be issued by the same Office and shall set forth the requisite information including the name and residence of the applicant, the description of business or undertaking that is to be conducted, and such other data or information as may be required.

1. For a newly-started business a. Location sketch of the new business b. Paid-up capital of the business as shown in the Articles of Incorporation, if a corporation or partnership, or a sworn statement of the capital invested by the owner or operator, if a sole proprietorship c. A certificate attesting to the tax exemption if the business is tax exempt d. Certification from the office in charge of zoning that the location of the new business is in accordance with zoning regulations e. Tax clearance showing that the operator has paid all tax obligations in the municipality f. Barangay clearance g. Three (3) passport size pictures of the owner or operator or in cases of a partnership or corporation the picture of the senior or managing partners and that of the President or General Manager h. Health certificate for all food handlers, and those required under Chapter IV, Art. D of this Revenue Code.

2. For renewal of existing business permits a.

Previous year’s Mayor’s permit b. ____________ ( ) copies of the annual or quarterly tax payments c. ____________ ( ) copies of all receipts showing payment of all regulatory fees as provided for in this Code d.

Certificate of tax exemption form local taxes or fees, if exempt Upon submission of the application, it shall be the duty of the proper authorities to verify if other municipal requirements regarding the operation of the business or activity such as sanitary requirements, installation of power and light requirements, as well as other safety requirements are complied with. The permit to operate shall be issued only upon compliance with such safety requirements and after the payment of the corresponding inspection fees and other impositions required by this Revenue Code and other municipal tax ordinances.

Any false statement deliberately made by the applicant shall constitute sufficient ground for denying or revoking the permit issued by the Mayor, and the applicant or licensee may be prosecuted in accordance with the penalties provided in this Article.

A Mayor’s Permit shall be refused to (1) any person who previously violated any ordinance or regulation governing permits granted; (2) whose business establishment or undertaking does not conform with zoning regulations, and safety, health and other requirements of the municipality; (3) who has unsettled tax obligation, debt or other liability to the government; (4) who is disqualified under any provision of law or ordinance to establish or operate the business applied for.

Likewise, a Mayor’s permit shall be denied to any person or applicant for a business who declares an amount of gross sales or receipts that are manifestly below industry standards or the Presumptive Income Level of gross sales or receipts as established in the municipality for the same or a closely similar type of activity or business. (c) Issuance of Permit; Contents of Permit. Upon approval of the application of a Mayor’s Permit, two (2) copies of the application duly signed by the Municipal Mayor shall be returned to the applicant. One (1) copy shall be presented to the Municipal Treasurer as basis for the collection of the Mayor’s Permit fee and the corresponding business tax.

The Mayor’s Permit shall be issued by the Municipal Mayor upon presentation of the receipt for the payment of the Mayor’s Permit and the official receipt issued by the Municipal Treasurer for the payment of the business tax.

Every permit issued by the Mayor shall show the name and residence of the applicant, his nationality and marital status; nature of the organization, that is whether the business is a sole proprietorship, corporation or partnership, etc.; location of the business; date of issue and expiration of the permit; and other information as may be necessary.

The Municipality shall, upon presentation of satisfactory proof that the original of the permit has been lost, stolen or destroyed, issue a duplicate of the permit upon the payment of One Hundred Fifty Pesos (P150.00). (d) Posting of Permit. Every permittee shall keep his permit conspicuously posted at all times in his place of business or office or if he has no place of business or office, he shall keep the permit in his person. The permit shall be immediately produced upon demand by the Municipal Mayor, the Municipal Treasurer or any of their duly authorized representatives. (e) Duration of Permit and Renewal. The Mayor’s Permit shall be granted for a period of not more than one (1) year and shall expire on the thirty-first (31st) of December following the date of issuance unless revoked or surrendered earlier. Every permit shall cease to be in force upon revocation or surrender thereof. The permit issued shall be renewed within the first twenty (20) days of January.

It shall have a continuing validity only upon renewal thereof and payment of the corresponding fee. (f) Revocation of Permit. When a person doing business under the provisions of this Code violates any provision of this Article, refuses to pay an indebtedness or liability to the municipality or abuses his privilege to do business to the injury of the public moral or peace; or when a place where such business is established is being conducted in a disorderly or unlawful manner, is a nuisance, or is permitted to be used as a resort for disorderly characters, criminals or women of ill-repute, the Municipal Mayor may, after investigation, revoke the Mayor’s Permit. Such revocation shall operate to forfeit all sums which may have been paid in respect of said privilege, in addition to the fines and imprisonment that maybe imposed by the Court for violation of any provision of this Ordinance governing the establishment and maintenance of business, and to prohibit the exercise thereof by the person whose privilege is revoked, until restores by the Sangguniang Bayan.

Section 4. Rules and Regulations on Certain Establishments. (a) On cafes, cafeterias, ice cream and other refreshment parlors, restaurants, soda fountain bars, carinderia or food caterers. No owner of said establishments shall employ any cook, or food dispenser without a Food Handler’s Certificate from the Municipal Health Officer, renewable every three (3) months.

Establishments selling cooked and readily edible foods shall have them adequately covered and protected from dust, flies and other insects, and shall follow strictly the rules and regulations on sanitation promulgated by the Municipal Health Officer and existing laws or Ordinances. (a) Sauna bath, massage, barber and beauty shops. Said shops shall not be allowed to operate with masseurs, barbers, and beauticians without having secured the necessary corresponding medical certificate from the Municipal Health Officer.

TITLE II. Permit Fee for Cockpits Owners/Operators/Licensees/Promoters and Cockpit Personnel Section 1. Definitions. When used in this Article. (a) Cockpit includes any place, compound, building or portion thereof, where cockfights are held, whether or not money bets are made on the results of such cockfights. (b) Bet taker or Promoter refers to a person who alone or with another initiates a cockfight and/or calls and take care of bets from owners of both gamecocks and those of other bettors before he orders commencement of the cockfight thereafter distributes won bets to the winners after deducting a certain commission, or both. (c) Gaffer (taga-tari) refers to a person knowledgeable in the art of arming fighting cocks with gaffs on one or both legs. (d) Referee (Sentenciador) refers to a person who watches and oversees the proper gaffing of fighting cocks; determines the physical condition of gamecocks while cockfighting is in progress, the injuries sustained by the cocks and their capability to continue fighting, and decides and makes known his decision either by word or gesture the result of the cockfighting by announcing the winner or deciding a tie in a contest game.

Section 2. Imposition of Fees. There shall be collected the following Mayor’s Permit Fees from cockpit operators/owners/licensees and cockpit personnel: a) From the owner/operator/licensees of the cockpit: 1. Application filing fee P 5,000.00 2. Annual cockpit permit fee 10,000.00 b) From cockpit personnel 1. Promoters/Hosts 250.00 2. Pit Manager 150.00 3. Referee 150.00 4. Bet Taker “Kristo/Llamador” 150.00 5. Bet Manager “Maciador/Kasador” 150.00 6. Gaffer “Mananari” 150.00 7. Cashier 150.00 8. Derby (Matchmaker) 150.00 Section 3. Time and Manner of Payment.

(a) The application filing fee is payable to the Municipal Treasurer upon application for a permit or license to operate and maintain cockpits. (b) The annual cockpit permit fee is payable upon application for a permit before a cockpit shall be allowed to operate and within the first twenty days of January of each year in case of renewal thereof. (c) The permit fees on cockpit personnel shall be paid before they participate in a cockfight and shall be paid annually upon renewal of the permit on the birth month of the permittee.

Section 4. Administrative Provisions. (a) Ownership, operation and management of cockpit. Only Filipino citizens not otherwise inhibited by existing ordinances or laws shall be allowed to own, manage and operate cockpits. Cooperative capitalization is encouraged. (b) Establishment of cockpit. The Sangguniang Bayan shall determine the number of cockpits to be allowed in this municipality. (c) Cockpit-size and construction. Cockpits shall be constructed and operated within the appropriate areas as prescribed in the Zoning Law or ordinance. In the absence of such law or ordinance, the Municipal Mayor shall see to it that no cockpits are constructed within or near existing residential or commercial areas, hospitals, school buildings, churches or other public buildings. Owners, lessees, or operators of cockpits which are now in existence and do not conform to this requirement are required to comply with these provisions within a period to be specified by the Municipal Mayor. Approval or issuance of building permits for the construction of cockpits shall be made by the Municipal Engineer in accordance with existing ordinances, laws and practices. (d) Only duly registered and licensed promoters, referees, cashiers, bet managers, pit referees, bet takers, or gaffers shall take part in all kinds of cockfights held in this Municipality. No operator or owner of a cockpit shall employ or allow to participate in a cockfight any of the above-mentioned personnel unless he has registered and paid the fee herein required. (e) Upon payment of the fees herein imposed, the corresponding Mayor’s Permit shall be issued.

Section 3B.05. Applicability Clause. The provision of PD 449, otherwise known as the Cockfighting Law of 1974, PD 1802 (Creating the Philippine Gamefowl Commission), and such other pertinent laws shall apply to all matters regarding the operation of cockpits and the holding of cockfights in this Municipality.

TITLE III. Special Permit Fee for Cockfighting Section 1. Definitions. When used in this Article. (a) Cockfighting is the sport of pitting or evenly matching gamecocks to engage in an actual fight where bets on either side are laid. Cockfighting may also be formed as “cockfighting derby; pintakasi or tupada,” or its equivalent in different Philippine localities. (b) Local Derby is an invitational cockfight participated in by gamecockers or cockfighting “afficionados” of the Philippines with “pot money” awarded to the proclaimed winning entry. (c) International Derby refers to an invitational cockfight participated in by local and foreign gamecockers or cockfighting “afficionados” with “pot money” awarded to the proclaimed winning entry.

Section 2. Imposition of Fees. There shall be collected the following fees per day for cockfighting: (a) Special Cockfights (Pintakasi) 1,500.00 (b) Special Derby Assessment from Promoters of Two-Cock Derby 1,500.00 Three-Cock Derby 1,700.00 Four-Cock Derby 2,000.00 Five-Cock Derby 2,500.00 Section 3. Exclusions. Regular cockfights i.e., those held during Sundays, legal holidays and local fiestas and international derbies shall be excluded from the payment of fees herein imposed.

Section 4. Time and Manner of Payment. The fees herein imposed shall be payable to the Municipal Treasurer before the special cockfights and derbies can be lawfully held.

Section 5. Administrative Provisions. (a) Holding of cockfights. Except as provided in this Article, cockfighting shall be allowed in this municipality only in licensed cockpits during Sundays and legal holidays and during local fiestas for not more than three (3) days. It may also be held during municipal. Agricultural, commercial, or industrial fairs, carnival, or exposition for a similar period of three (3) days upon resolution of the Sangguniang Bayan. No cockfighting on the occasion of such affair, carnival or exposition shall be allowed within the month if a local fiesta or for more than two (2) occasions a year. No cockfighting shall be held on December 30 (Rizal Day), June 12 (Philippine Independence Day), November 30 (National Heroes Day), Holy Thursday, Good Friday, Election or Referendum Day and during Registration Days for such election or referendum. (b) Cockfighting for entertainment of tourists or for charitable purposes. Subject to the preceding subsection hereof, the holding of cockfights may also be allowed for the entertainment of foreign dignitaries or for tourists, or for returning Filipinos, commonly known as “Balikbayans”, or for the support of national fund-raising campaigns for charitable purposes as may be authorized upon resolution of the Sangguniang Bayan, in licensed cockpits or in playgrounds or parks. This privilege shall be extended for only one (1) time, for a period not exceeding three (3) days, within a year. (c) Cockfighting officials. Gaffers, referees, bet takers, or promoters shall not act as such in any cockfight in the municipality without first securing a license renewable every year on their birth month from the municipality where such cockfighting is held. Only gaffers, referees, bet takers, or promoters licensed by the municipality shall officiate in all kinds of cockfighting authorized herein.

Section 6. Applicability Clause. The provision of PD 449, otherwise known as the Cockfighting Law of 1974, PD 1802 (Creating the Philippine Gamefowl Commission), and such other pertinent laws shall apply to all matters regarding the operation of cockpits and the holding of cockfights in this Municipality.

TITLE IV. Permit Fee on Pedaled Tricycle Section 1. Imposition of Fee. There shall be collected from the owner of pedaled tricycle operated within the municipality, a permit fee of One hundred fifty pesos (P150.00) per annum.

Section 2. Time of Payment. The fee imposed herein shall be due on the first day of January and payable to the Municipal Treasurer within the first twenty (20) days of January of every year. For pedaled tricycle acquired after the first twenty (20) days of January, the permit fee shall be paid without the penalty within the first twenty (20) days of the quarter following the date of purchase.

Section 3. Administrative Provisions. (a) A sticker shall be provided to the owner of the pedaled tricycle granted a permit. (b) The Municipal Treasurer shall keep a register of all pedaled tricycles containing information such as the make and brand of the tricycle, the name and address of the owner and the number of the permit plate.

TITLE V. Fees on Impounding of Astray Animals Section 1. Definitions. When used in this Article. (a) Astray Animal means an animal which is set loose unrestrained, and not under the complete control of its owner, or the charge or in possession thereof, found roaming at-large in public or private places whether fettered or not. (b) Public Place includes national, provincial, municipal, or barangay streets, parks, plazas, and such other places open to the public. (c) Private Place includes privately-owned streets or yards, rice fields or farmlands, or lots owned by an individual other than the owner of the animal. (d) Large Cattle includes horses, mules, asses, carabaos, cows, and other domestic members of the bovine family.

Section 2. Imposition of Fee. There shall be imposed the following fees for each day or fraction thereof on each head of astray animal found running or roaming at large, or fettered in public or private places: Amount of Fee (a) Large Cattle P100.00 (b) All other animals 50.00 Section 3. Time of Payment. The impounding fee shall be paid to the Municipal Treasurer prior to the release of the impounded animal to its owner.

Section 4. Administrative Provisions. (a) For purposes of this Article, the Barangay Tanods of the Municipality are hereby authorized to apprehend and impound astray animals in the municipal corral or a place duly designated for such purpose. He shall also cause the posting of notice of the impounded astray animal in the Municipal Hall for five (5) consecutive days, starting one day after the animal is impounded, within which the owner is required to claim and establish ownership of the impounded animal. The Municipal Mayor and Municipal Treasurer shall be informed of the impounding. (b) Impounded animals not claimed within five (5) days after the date of impounding shall be sold at public auction under the following procedures: 1. The Municipal Treasurer shall post notice for five (5) days in three (3) places including the main door of the Municipal Hall and the public markets. The animal shall be sold to the highest bidder. Within three (3) days after the auction sale, the Municipal Treasurer shall make a report of the proceedings in writing to the Municipal Mayor.

2. The owner may stop the sale by paying at any time before or during the auction sale, the impounding fees due and the cost of the advertisement and conduct of sale to the Municipal Treasurer, otherwise, the sale shall proceed.

3. The proceeds of the sale shall be applied to satisfy the cost of impounding, advertisement and conduct of sale. The residue over these costs shall accrue to the General Fund of the Municipality.

4. In case the impounded animal is not disposed of within the five (5) days from the date of notice of public auction, the same shall be considered sold to the Municipal Government for the amount equivalent to the poundage fees due.

Section 5. Penalty. Owners whose animals are caught astray and incurring damages to plants and properties shall pay the following fines: (a) First offense P 100.00 per day (b) Second offense 200.00 per day (c) For the third offense and each subsequent offense 300.00 per day In addition to the fine, the owners shall pay the amount of damage incurred, if any, to the property owner.

within the first twenty (20) days of January of every year. For each cart or sledge newly acquired after the first twenty (20) days of January, the permit shall be paid without penalty within the first twenty (20) days of the quarter following the date of purchase.

Section 3. Administrative Provisions. (a) A metal plate with a corresponding registry number shall be provided by the Municipal Treasurer for every calesa or sledge at cost to the owner. (b) The Municipal Treasurer shall keep a register of all carts or sledges which shall set forth, among others, the name and address of the owner.

TITLE VII. Permit Fee on Caretela or Calesa Section 1. Imposition of Fee. There shall be collected a permit fee of One hundred fifty pesos (P150.00) per annum for each calesa or caretela used in the Municipality of Tubod, Lanao del Norte which shall be registered with the Office of the Municipal Treasurer.

Section 2. Time and Manner of Payment. The fee imposed herein shall be due and payable upon application for a Mayor’s Permit within the first twenty (20) days of January of each year. For newly acquired calesas or caretelas, the fee shall be payable within twenty (20) days after acquisition.

Section 3. Administrative Provisions. (a) A metal plate shall be provided by the Municipal Treasurer for every registered caretela or calesa. (b) The Municipal Treasurer shall keep a register of all calesas or caretelas which shall contain, among others, the name and the address of the owner.

TITLE VIII. Permit Fee on Circus and Other Parades Section 1. Imposition of Fee. There shall be collected a Mayor’s Permit Fee of Three Hundred Fifty Pesos (P300.00) per day on every circus and other parades using banners, floats or musical instruments carried on in this municipality.

Section 2. Time and Manner of Payment. The fee imposed herein shall be due and payable to the Municipal Treasurer upon application for a permit to the Municipal Mayor at least one (1) day before the scheduled date of the circus or parade and on such activity shall be held.

Section 3. Exemption. Civic and military parades as well as religious processions shall not be required to pay the permit fee imposed in this Article.

Section 4. Administrative Provisions. (a) Any persons who shall hold a parade within this municipality shall first obtain from the Municipal Mayor before undertaking the activity. For this purpose, a written application in a prescribed form shall indicate the name, address of the applicant, the description of the activity, the place or places where the same will be conducted and such other pertinent information as may be required. (b) The Station Commander of the Philippine National Police shall promulgate the necessary rules and regulations to maintain an orderly and peaceful conduct of the activities mentioned in this Article. He shall also define the boundary within which such activities may be lawfully conducted.

TITLE VIX. Registration and Transfer Fees on Large Cattle.

Section 1. Definition. For purposes of this Article, “large cattle” includes an eight months (8) old horse, mule ass, carabao, cow or other domesticated member of the bovine family.

Section 2. Imposition of Fee. The owner of a large cattle is hereby required to register said cattle with the Municipal Treasurer for which a certificate of ownership shall be issued to the owner upon payment of a registration fee as follows: Amount of Fee a) For Certificate of Ownership P 50.00 b) For Certificate of Transfer 50.00 c) For Registration of Private Brand 50.00 The transfer fee shall be collected only once if a large cattle is transferred more than once in a day.

Section 3. Time and Manner of Payment. The registration fee shall be paid to the Municipal Treasurer upon registration or transfer of ownership of the large cattle.

Section 4. Administrative Provisions. (a) Large cattle shall be registered with the Municipal Treasurer upon reaching the age of two (2) years. (b) The ownership of a large cattle or its sale or transfer of ownership to another person shall be registered with the Municipal Treasurer. All branded and counter-branded large cattle presented to the Municipal Treasurer shall be registered in a book showing among others, the name and residence of the owner, the consideration or purchase price of the animal in cases of sale or transfer, and the class, color, sex, brands and other identification marks of the cattle. These data shall also be stated in the certificate of ownership issued to the owner of the large cattle. (c) The transfer of the large cattle, regardless of its age, shall be entered in the registry book setting forth, among others, the names and the residence of the owners and the purchaser; the consideration or purchase price of the animal for sale or transfer, class, sex, brands and other identifying marks of the animals; and a reference by number to the original certificate of ownership with the name of the municipality issued to it.

No entries of transfer shall be made or certificate of transfer shall be issued by the Municipal Treasurer except upon the production of the original certificate of ownership and certificates of transfer and such other documents that show title to the owner.

Section 5. Applicability Clause. All other matters relating to the registration of large cattle shall be governed by the pertinent provisions of the Revised Administrative Code and other applicable laws, ordinances and rules and regulations.

TITLE X. Permit Fee for Excavation Section 1. Imposition of Fee. The following fees and charges shall be collected from any person, firm or corporation whether private or government except those specifically exempted by law which shall make or cause to be made any excavation or digging on private or public roads, streets and thoroughfares, including passageway and sidewalks or to dig to make sources of water supply within the municipality.

Amount of Fee a) Processing Fee 1.For pole and house connection 50.00 2.For digging water 100.00 3. For all other excavation 200.00 b) Excavation Permit Fee: 1.For 50 lineal meter or less 200.00 2.In excess of 50 lineal meters 2.00/m 3. For drilling wells: a. For 2 inch pipes: First 400 feet 100.00 In excess of 400 feet, per foot 1.00 b. For 3 inches pipes: First 400 feet 150.00 In excess of 400 feet, per foot 1.50 c. For 4 inches pipes: First 400 feet 200.00 In excess of 400 feet, per foot 2.00 d. For 5 inches pipes or over-sized pipes: First 400 feet 250.00 Over 400 feet, per foot 2.50 C. Installation of wooden, concrete and steel utility Poles, excavation permit fee or pole.

50.00 _______________ Section 2. Time and Manner of Payment. The fee imposed herein shall be paid to the Municipal Treasurer by every person who shall make any excavation or cause any excavation to be made upon application for Mayor’s Permit, but in all cases, prior to the excavation.

A cash deposit in an amount equal to the cost of replenishment of excavated structure as officially estimated by the Building Official shall be deposited with the Municipal Treasurer at the same time the permit is paid. The cash deposit shall be forfeited in favor of the Municipal Government in case the restoration to its original form of the street excavated is not made within fifteen (15 ) days after the purpose of the excavation is accomplished.

Section 3. Administrative Provisions. (a) No person shall undertake or cause to undertake any digging or excavation, of any part or portion of the municipal streets of Tubod, Lanao del Norte unless a permit shall have been first secured from the Office of the Municipal Mayor specifying the duration of the excavation. (b) The Municipal Engineer/Municipal Building Official shall supervise the digging and excavation and shall determine the necessary width of the streets to be dug or excavated. Said official shall likewise inform the Municipal Treasurer of any delay in the completion of the excavation work for purposes of collection of the additional fee. (c) In order to protect the public from any danger, appropriate signs must be placed in the area where work is being done.

TITLE XI. Fee for Sealing and Licensing of Weights and Measures Section 1. Implementing Agency. The Municipal Treasurer shall strictly enforce the provisions of the Regulation of Practices Relative to Weights and Measures, as provided in Chapter II of the Consumer Act, Republic Act No. 7394.

Section 2. Sealing and Testing of Instruments of Weights and Measures. - All instruments for determining weights and measures in all consumer and consumer related transactions shall be tested, calibrated and sealed every six (6) months by the official sealer who shall be Municipal Treasurer or his duly authorized representative upon payment of fees required under this Article: Provided, That all instruments of weights and measures shall continuously be inspected for compliance with the provisions of this Article.

Section 3. Imposition of Fees. Every person before using instruments of weights and measures within this municipality shall first have them sealed and licensed annually and pay therefore to the Municipal Treasurer the following fees: Amount of Fee

TITLE VI. Cart or Sledge Registration Fee Section 1. Imposition of Fee. There shall be collected a registration fee of One hundred fifty pesos (P150.00) per annum for each animal drawn cart or sledge used in the Municipality of Tubod, Lanao del Norte which shall be registered with the Office of the Municipal Treasurer.

Section 2. Time and Manner of Payment. The fee imposed herein shall be due and payable

a) For sealing linear metric measures : Not over one (1) meter Measure over one (1) meter b) For sealing metric measures of capacity:

P 20.00 25.00

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Not over ten (10) liters 20.00 Over ten (10) liters 25.00 c) For sealing metric instruments of weights: With capacity of not more than 30 kg.

200.00 With capacity of more than 30 kg. But not more than 300 kg.

250.00 With capacity of more than 300 kg. but not more than 3,000 kg 300.00 With capacity of more than 3,000 kg.

500.00 d) For sealing apothecary balances of precision (calibration) 150.00 e) For sealing scale or balance with complete set of weights: For each scale or balances or other balances with complete set of weights for use therewith 100.00 f) For sealing of gasoline, diesel, or oil pumps; Per pump Sticker Subject for inspection every quarter 1,000.00 At cost Section 4. Payment of Fees and Surcharge. The fees herein imposed shall be paid and collected by the Municipal Treasurer when the weights or measures instruments are sealed, before their use and thereafter, on or before the anniversary date thereof.

The official receipt serving as license to use the instrument is valid for one (1) year from the date of sealing unless such instrument becomes defective before the expiration period. Failure to have the instrument re-tested and the corresponding fees therefor paid within the prescribed period shall subject the owner or user to a surcharge of five hundred percent (500%) of the prescribed fees which shall no longer be subject to interest.

Section 5. Place of Payment. The fees herein levied shall be paid in the municipality where the business is conducted by persons conducting their business therein. A peddler or itinerant vendor using only one (1) instrument of weight or measure shall pay the fee in the municipality where he maintains his residence.

Section 6. Exemptions. (a) All instruments for weights and measures used in government work of or maintained for public use by any instrumentality of the government shall be tested and sealed free. (b) Dealers of weights and measures instruments intended for sale.

Section 7. Administrative Provisions. (a) The official receipt for the fee issued for the sealing of a weight or measure shall serves as a license to use such instrument for one year from the date of sealing, unless deterioration or damage renders the weight or measure inaccurate within that period. The license shall expire on the day and the month of the year following its original issuance. Such license shall be preserved by the owner and together with the weight or measure covered by the license, shall be exhibited on demand by the Municipal Treasurer or his deputies. (b) The Municipal Treasurer is hereby required to keep full sets of secondary standards, which shall be compared with the fundamental standards in the Department of Science and Technology annually.

When found to be sufficiently accurate, the secondary standards shall be distinguished by label, tag or seal and shall be accompanied by a certificate showing the amount of its variation from the fundamental standards. If the variation is of sufficient magnitude to impair the utility of instrument, it shall be destroyed at the Department of Science and technology. (c) The Municipal Treasurer or his deputies shall conduct periodic physical inspection and test weights and measures instruments within the locality. (d) Instruments of weights and measures found to be defective and such defect is beyond repair shall be confiscated in favor of the government and shall be destroyed by the Municipal Treasurer in the presence of the Provincial Auditor or his representative.

Section 8. Fraudulent Practices Relative to Weights and Measures The following acts related to weights and measures are prohibited: a) for any person other than the official sealer or his duly authorized representative to place an official tag, seal, sticker, mark, stamp, brand or other characteristic sign used to indicate that such instrument of weight and measure has officially been tested, calibrated, sealed or inspected; b) for any person to imitate any seal, sticker, mark stamp, brand, tag or other characteristic design used to indicate that such instrument of weight or measure has been officially tested, calibrated, sealed or inspected; c) for any person other than the official sealer or his duly authorized representative to alter in any way the certificate or receipt given by the official sealer or his duly authorized representative as an acknowledgement that the instrument for determining weight or measure has been fully rested, calibrated, sealed or inspected; d) for any person to make or knowingly sell or use any false or counterfeit seal, sticker, brand, stamp, tag, certificate or license or any dye for printing or making the same or any characteristic sign used to indicate that such instrument of weight or measure has been officially tested, calibrated, sealed or inspected; e) for any person other than the official sealer or his duly authorized representative to alter the written or printed figures, letters or symbols on any official seal, sticker, receipt, stamp, tag, certificate or license used or issued; f) for any person to use or reuse any restored, altered, expired, damaged stamp, tag certificate or license for the, purpose of making it appear that the instrument of weight or measure has been tested, calibrated, sealed or inspected; g) for any person engaged in the buying and selling of consumer products or of furnishing services the value of which is estimated by weight or measure to possess, use or maintain with intention to use any scale, balance, weight or measure that has not been sealed or if previously sealed, the license therefor has expired and has not been renewed in due time; h) for any person to fraudulently alter any scale, balance, weight or measure after it is officially sealed; i) for any person to knowingly use any false scale, balance, weight or measure, whether sealed or not; j) for any person to fraudulently give short weight or measure in the making of a scale; k) for any person, assuming to determine truly the weight or measure of any article brought or sold by weight or measure, to fraudulently misrepresent the weight or measure thereof; or l) for any person to procure the commission of any such offense abovementioned by another.

Instruments officially sealed at some previous time which have remained unaltered and accurate and the seal or tag officially affixed therein remains intact and in the same position and condition in which it was placed by the official sealer or his duly authorized representative shall, if presented for sealing, be sealed promptly on demand by the official sealer or his duly authorized representative without penalty except a surcharge equal to two (2) times the regular fee fixed by law for the sealing of an instrument of its class, this surcharge to be collected and accounted for by the Municipal Treasurer in the same manner as the regular fees for sealing such instruments.

Section 9. Penalties (a) Any person who shall violate the provisions of paragraphs (a) to (f) and paragraph (l) of Section 3K.06 shall, upon conviction, be subject to a fine of not less than Two hundred pesos (P200.00) but not more than One thousand pesos (P1,000.00) or by imprisonment of not more than one (1) year, or both, upon the discretion of the court. (b) Any person who shall violate the provisions of paragraph (g) of Section 3K.06 for the first time shall be subject to fine of not less than Five hundred pesos (P500.00) or by imprisonment of not less than one (1) month but not more than five (5) years, or both, upon the discretion of the court. (c) The owner-possessor or user of instrument of weights and measure enumerated in paragraph (h) to (k) of Section 3K.06 shall, upon conviction, be subject to a fine of not less than Three hundred pesos (P300.00) or imprisonment not exceeding one (1) year, or both, upon the discretion of the court..

[This Article has updated to conform to the provisions of the Consumer Act of 1992, Republic Act No. 7394.]

TITLE XII. Permit Fee on Film-Making Section 1. Imposition of Fee. There shall be collected the following permit fee from any person who shall go on location-filming within the territorial jurisdiction of this municipality. a. Commercial movies b. Commercial advertisements c. Documentary film d. Videotape coverage

Rate of Fee Per Filming 3,000.00/film 2,000.00/film 1,000.00/film 500.00/coverage

In cases of extension of filming time, the additional amount required must be paid prior to extension to filming time.

Section 2. Time of Payment. The fee imposed herein shall be paid to the Municipal Treasurer upon application for the Mayor’s Permit at least one (1 ) day before location-filming is commenced.

TITLE XIII. Permit Fee for Agricultural Machinery and Other Heavy Equipment Section 1. Imposition of Fees. There shall be collected an annual permit fee at the following rates for each agricultural machinery or heavy equipment operating within the Municipality of Tubod, Lanao del Norte. a. Handtractors b. Light Tractors c. Heavy Tractors d. Bulldozer e. Forklift f. Heavy Graders g. Light Graders h. Mechanized Threshers i. Manual Threshers j. Cargo Truck (Hauler) k. Cargo Truck (6 wheeler) l. Dump Truck (10 wheeler) m. Dump Truck (mini) n. Road Rollers (heavy) o. Road Rollers (light) p. Payloader

Rate of Fee Per Annum 200.00 300.00 1,000.00 1,000.00 1,000.00 1,000.00 500.00 500.00 200.00 1,000.00 500.00 1,000.00 500.00 1,000.00 500.00 2,000.00

q. Primemovers/Flatbeds r. Backhoe s. Rockcrusher t. Batching Plant u. Transit/Mixer Truck v. Crane w. Other agricultural machinery or heavy equipment not enumerated above

500.00 1,000.00 1,000.00 500.00 2,000.00 1,000.00 500.00

Section 2. Time and Manner of Payment. The fee imposed herein shall be payable upon application for a Mayor’s permit.

Section 3. Administrative Provisions. The Municipal Treasurer shall keep a registry of all heavy equipment and agricultural machinery which shall include the make and brand of the heavy equipment and agricultural machinery and name and address of the owner.

TITLE XIV. Permit Fees on Tricycle Operation Section 1. Definitions. When used in this Article, (a) Motorized Tricycle is a motor vehicle propelled other than by muscular power, composed of a motorcycle fitted with a single wheel sidecar or a motorcycle with a two wheeled cab, the former having a total of four wheels, otherwise known as the motorela. (b) Tricycle Operators are persons engaged in the business of operating tricycles. (c) Tricycle-for-Hire is a vehicle composed of a motorcycle fitted with a single-wheel side car or a motorcycle with a two-wheel cab operated to render transport services to the general public for a fee. (d) Motorized Tricycle Operator’s Permit (MTOP) is a document granting franchise or license to a person, natural or juridical, allowing him to operate tricycles-for-hire over specified zones. (e) Zone is a contiguous land area or block, say a subdivision or barangay, where tricycles-for-hire may operate without a fixed origin and destination.

Section 2. Imposition of Fees. There shall be collected an annual fee in the amount of One Hundred Pesos (P100.00) for the operation of tricycle-for-hire.

[The annual franchise fee should cover the cost of regulation and surveillance, plus the estimated annual business tax that the operator would pay for each unit. The integration of tax and regulatory fee simplifies tax administration and tax compliance.

Other fees on tricycle operations: 1.

Filing Fee a. For one (1) to five (5) units P 150.00 b. Supervision Fee P 40.00 c. Legal Research P 10.00 2.

Fare adjustment fee for fare increase 100.00 3.

Filing fee for amendment of MTOP 200.00 Section 3.Time of Payment. (a) The fee shall be paid to the Municipal Treasurer upon application or renewal of the permit with the submission of the following requirements: 1. 3 pcs. Stencil of Chassis Number 2. 3 pcs. Stencil Motor Number 3. 3 pcs. Photocopies of Official Receipt of the Registration 4. 3 pcs. Photocopies of the Absolute Deed of Sale (b) The filing fee shall be paid upon application for an MTOP based on the number of units. (c) Filing fee for amendment of MTOP shall be paid upon application for transfer to another zone, change of ownership of unit or transfer of MTOP. Section 4. Administrative Provisions. (a) Prospective operators of tricycles should first secure a Motorized Tricycle Operator’s permit (MTOP) from the Sangguniang Bayan. (b) The Sangguniang Bayan of this municipality shall: 1. Issue, amend, revise, renew, suspend, or cancel MTOP and prescribe the appropriate terms and conditions therefor; determine, fix, prescribe or periodically adjust fares or rates for the service provided in a zone after public hearing; prescribe and regulate zones of service in coordination with the barangay; fix, impose and collect, and periodically review and adjust but not oftener than once every two (2) years, reasonable fees and other related charges in the regulation of tricycles-for-hire; and establish and prescribe the conditions and qualifications of service.

2. Only Filipino citizens and partnership or corporation with sixty percent (60%) Filipino equity shall be granted the MTOP. No MTOP shall be granted by the municipality unless the applicant is in possession of units with valid registration papers form the Land Transportation Office (LTO).

3. The grantee of the MTOP shall carry a common carriers insurance sufficient to answer for any liability it may incur to passengers and third parties in case of accidents; 4. Operators of tricycles-for-hire shall employ drivers duly licensed by LTO for tricycles-for-hire.

5. Operators who intend to stop service completely, or suspend service for more than one (1) month shall report in writing such termination or suspension to the Sangguniang Bayan; 6. Tricycle operators are prohibited to operate on national highways utilized by 4-wheel vehicles greater than four (4) tons and where normal speed exceed forty (40) KPH. The Sangguniang Bayan may provide exceptions if there is no alternative route.

7. Tricycles-for-hire shall be allowed to operate like a taxi service, i.e., service is rendered upon demand and without a fixed route within a zone. (c) The Sangguniang Bayan may impose a common color for tricycles for hire in the same zone. Each tricycle unit shall be assigned and bear an identification number, aside from its LTO license plate number.

It shall establish a fare structure that will provide the operator a reasonable return or profit, and still be affordable to the general public. The fare structure may either be flat (single fare regardless of distance) as a minimum amount plus a basic rate per kilometer.

The official rate to be initially adopted shall be a minimum fee of _________ Pesos (P______) plus ___________ centavos (P0.____) per km. in excess of four (4.0) km. distance pending the enactment of the prescribed fare structure for the zone by the Sangguniang Bayan.

Operators of tricycles-for-hire are required to post in the conspicuous part of the tricycle the schedule of fares. (d) The zones must be within the boundaries of this municipality. The existing zones which covers the territorial unit not only of the municipality but other adjoining municipalities or cities as well shall be maintained provided the operators serving the said zone secure the MTOP. (e) For the purpose of this Article, a Municipal Tricycle Operator’s Permit Regulatory Board is hereby as follows: ______________________ Chairman ______________________ ________________________ ______________________ ________________________ (f) The Municipal Treasurer shall keep a registry of all tricycle operators which shall include among others, the name and address of the operator and the number and brand of tricycles owned and operated by said operator.

TITLE XV. Permit Fee on Occupation/Calling Not Requiring Government Examination Section 1. Imposition of Fee - There shall be collected as annual fee at the rate prescribed hereunder for the issuance of Mayor’s Permit to every person who shall be engaged in the practice of the occupation or calling not requiring government examination with the municipality as follows: Occupation or Calling Rate of Fee/Annum a) On employees and workers in generally Considered “Offensive and Dangerous Business Establishments b) On employees and workers in commercial establishments who cater or attend to the daily needs of the inquiring or paying public c) On employees and Workers in food or eatery establishment d) On employees and workers in night or night and day establishment

P

100.00 100.00 100.00 100.00

e) All occupation or calling subject to periodic inspection, surveillance and /or regulations by the Municipal Mayor, like animal trainer, auctioneer, barber, bartender, beautician, bondsman, bookkeeper, butcher, blacksmith, carpenter, carver, chambermaid, cook, criminologist, electrician, electronic technician, club/floor manager. Forensic electronic expert, fortune teller, hair stylist, handwriting expert, hospital attendant, lifeguard, magician, make-up artist, manicurist, masonry worker, masseur, attendant mechanic, certified “hilot”, painter, musician, pianist, photographer (itinerant), professional boxer, private ballistic expert, rig driver (cochero), taxi, dancer, stage-performer salesgirl, sculptor, waiter or waitress and welder 100.00 Section 2. Exemption - All professionals who are subject to the Provincial Tax imposition pursuant to Section 139 of the Local Government Code; and government employees are exempted from payment of this fee.

Section 3. Person Governed- The following workers or employees whether working on temporary or permanent basis, shall secure the individual Mayor’s Permit prescribed herewith; (a) Employees or workers in generally considered offensive and dangerous business establishment such as but not limited to the following: (1) Employees or workers in industrial or manufacturing establishment such as: Aerated water and soft drink factories; air rifle and pellets manufacturing; battery charging shops, blacksmith; breweries; candy and confectionery factories; canning factories; coffee cocoa and tea factories; cosmetics and toiletries factories; cigar and cigarette factories; construction and / or repair shops of motor vehicles; carpentry shop; drug manufacturing; distillers, edible oil or lard factories; electric bulbs or neon lights factories; electric plant, electronics manufacturing; oxidizing plants; food and flour mills; fish curing and drying shops; footwear factories, foundry shops; furniture manufacturing; garments manufacturing, general building and other construction jobs during the period of construction; glass and glassware factories; handicraft manufacturing; hollow block and tile factories; Ice plants; milk, ice cream and other allied products factories; metal closure manufacturing; iron steel plants; leather and leatherette factories; machine shops, match factories, paints and allied products manufacturing; plastic products factories, perfume factories; plating establishment; pharmaceutical laboratories, repair shops of whatever kind and nature; rope and twine factories; sash factories; smelting plants; tanneries; textile and knitting mills; upholstery shops; vulcanizing shops and welding shops.

(2) Employees and workers in commercial establishments cinematography film storage; cold storage’s or refrigerating plants; delivery and messengerial services; elevator and escalator services; funeral parlors; janitorial services; junks shop; hardwares; pest control services; printing and publishing houses; service station; slaughter- houses; textile stores; warehouses; and parking lots.

(3) Employees and workers on other industrial and manufacturing firms or commercial establishments who are normally exposed to excessive heat, light, noise, cold and other environmental factors which endanger their physical and health well-being.

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(a) Employees and workers in commercial establishment who generally enter or attend to the daily needs of the general public such as but not limited to the following: Employees and workers in drugstores; department stores; groceries supermarkets; beauty saloons; tailor shops; dress shop; bank teller; receptionist, receiving clerk in paying outlets of public utilities corporation, except transportation companies; and other commercial establishment whose employees and workers attend to the daily needs of the inquiring o paying public. (c) Employees and workers in food or eatery establishments such as but not limited to the following: (1) Employees and workers in canteen, carinderia, catering services, bakeries, ice cream or ice milk factories, refreshment parlor, restaurants, sari-sari stores, and soda fountains; (2) Stallholders, employees and workers in public markets; (3) Peddlers of cook or uncooked foods; (4) All other food peddlers, including peddlers of seasonal merchandise. (d) Employees or workers in night or night and day establishments such as but not limited to the following: Workers or employees in bars; boxing stadium; bowling alleys; billiards and pool halls; cinema houses; cabarets and dance halls; cocktail lounges; circuses; carnivals and the like; day clubs and night clubs; golf clubs; massage clinics, sauna baths or similar establishment; hotels; motels; horse racing clubs; pelota courts; polo clubs; private detective or watchman security agencies; supper clubs and all other business establishment whose business activities are performed and consumed during night time.

In cases of night and day clubs, night clubs, day clubs, cocktail lounges, bars, cabarets, sauna bath houses and other similar places of amusements, they shall under no circumstances allow hostesses, waitress, waiters, entertainers, or hospitality girl below 18 years of age to work as such.

For those who shall secure the Individual Mayor’s Permit on their 18th birth year, they shall present their respective baptismal or birth certificate duly issued by the local civil registrar concerned. (e) All other employees and persons who exercise their profession, occupation or calling within the jurisdiction limits of the Municipality aside from those already specifically mentioned in Section P.02.

Section 4. Time and Manner of Payment. The fees prescribed in this Article shall be paid to the Municipal Treasurer this municipality upon filing of the application for the first time and annually thereafter within the first twenty (20) days of January and every quarter thereafter. The permit fee is payable for every separate or district occupation or calling engaged in. Employer shall advance the fees to the Municipality for its employees.

Section 5. Surcharge for Late Payment. Failure to pay the fee prescribed in this Article within the time prescribed shall subject a taxpayer to a surcharge of Twenty-five percent (25%) of the original amount of the fee due, such surcharge shall be paid at the same time and in the same manner as the tax due.

In case of change of ownership of the business as well as the location thereof from municipality to another, it shall be the duty of the new owner, agent or manager of such business to secure a new permit as required in this Article and pay the corresponding permit fee as though it were new business.

Newly hired workers and / or employees shall secure their individual Mayor’s Permit from the moment they are actually accepted by the management of any business or industrial establishment to starts working.

The individual Mayor’s Permit so secured shall be renewed during the respective birth month of the permittee next following calendar.

Section 6. Administrative Provisions. (a) The Municipal Treasurer shall keep a record of persons engaged in occupation and /or calling not requiring government examination and the corresponding payment of fees required under personal data for reference purpose. (b) Persons engaged in the above mentioned occupation or calling with valid Mayor’s Permit shall be required to surrender such permit and the corresponding Official Receipt for the payment of fees to the Municipal Treasurer and to the Municipal Mayor respectively for cancellation upon retirement or cessation of the practice of the said occupation or calling.

TITLE XVI.

Building Permit

Section 1. Imposition of Fee. There shall be collected from each applicant for a building permit fees pursuant to Department Order 155, Series of 1992 dated September 25, 1992 of the Department of Public Works and Highways.

Filing Fee: Commercial Building One (1) storey and above

P385.00

Residential Building Two (2) storey and above One (1) storey One (1) storey (Indigenous Dwelling)

P275.00 250.00 220.00

For New Installations: Mayor’s Permit Area computation at 2.00/sq.m.

Inspection Fees: 1. Poblacion - up to 5 lightings only More than 5 lightings P2.00/amperes 2. Tangueguiron – 4.000 km.

3. Kakai-Renabor – 4.500 km.

4. San Antonio - 3.000 km.

5. Pigcarangan - 3.000 km.

6. Bulod - 2.200 km.

7. Tubaran - 6.000 km.

8. Pualas - 8.000 km.

9. Patudan - 7.000 km.

10. Kalilangan - 9.000 km.

11. Pinpin - 10.000 km.

12. Santo Ninio - 12.500 km.

13. Taden - 12.000 km.

14. Malingao - 12.000 km.

15. Candis - 13.000 km.

16. Camp 5 - 14.000 km.

17. Caniogan - 14.000 km.

18. Baracanas - 15.000 km.

19. Licapao - 13.500 km.

20. Bualan - 17.000 km.

21. Dalama - 22.000 km.

22. Taguranao - 21.000 km.

23. Baris - 17.000 km.

24. Palao - 21.500 km.

P165.00 P165.00 220.00 165.00 165.00 165.00 165.00 165.00 193.00 193.00 193.00 193.00 220.00 220.00 220.00 220.00 220.00 248.00 248.00 248.00 248.00 275.00 275.00 275.00 275.00 275.00

Section 2. Time and Payment. The fees specified under this article shall be paid to the Municipal Treasurer upon application for a building permit from the Municipal Mayor.

Section 3. Administrative Provisions. The application for the construction and or repair shall be in writing and shall set forth the required information, such as the location and the general dimension of the building and/or other infrastructure of the owners as well as that of the architecture or engineer who draw the plan, an estimate of the entire cost of proposed work, and the following: a. A copy of the plan showing the location of the building to be constructed with the reference boundaries of the lot and is constructed in the town proper or poblacion. b. General drawing showing: b.1 Floor and roof plans b.2 Foundation and footing plans b.3 Transferee and longitudinal plan b.4 Elevation b.5 Framing plans showing complete forming of the building or structure b.6 Isometric view of plumbing layout b.7 Electrical layout, and b.8 Detail of structure and architectural parts.

Section 4. Implementing Rules and Regulations. In the implementation of the provisions of the Building Code and the IRR, the Mayor shall formulate necessary rules and regulations and adopt design and construction standards and criteria for buildings and other structures. Such standards, rules and regulations shall take effect after their publication of a local newspaper.

Section 5. Administrative Fines(Pursuant to the Implementing Rules and Regulations (IRR) of the Building Code of the Philippines(PD1096) 1. Imposition of Administrative Fines(Pursuant to the Implementing Rules and Regulations (IRR) of the Building Code of the Philippines(PD1096) a. The Mayor or his duly authorized representative may prescribed and impose fines not exceeding ten thousand (Php10,000.00) in the following cases, subject to the items and procedures as hereunder provided: i. Erecting, constructing, altering, repairing, moving, converting, installing or demolishing a private or public building/structure if without building/demolition permit. ii. Making any alteration, addition, conversion or repair in any building/structure/appurtenances thereto constructed or installed before the adoption of the Code, whether public or private, without permit. iii. Unauthorized change, modification or alteration during the construction in the duly submitted plans and specifications on which the building permit is based. iv. Non-compliance with the work stoppage order or notice and/or orders to effect necessary correction in plans and specifications found defective. v. Non-compliance with order to demolish building/structure declared to be nuisance, ruinous or dangerous. vi. Use or occupancy of a building/structure without Certificate of Occupancy/Use even if constructed under a valid building permit. vii. Change in the existing use or occupancy classification of a building/structure or portion thereof without the corresponding Certificate of Change of Use. viii. Failure to post or display the certificate of occupancy/use/operation in a conspicuous place on the premise of the building/structure/appurtenances.

ORDINANCE/P10

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THURSDAY, OCTOBER 4, 2012

ORDINANCE www.mindanaodailybalita.com

Ordinance... from page 9

ix. Change in the type of construction of any building/structure without an amendatory permit. b. In addition to the imposed penalty, the owner shall correct/remove his violations of the provisions of the Code.

2. Determination of Amount of Fines a. In the determination of the amount of fines to be imposed, violation shall be classified as follows: i. Light Violations (a) Failure to post Certificate of Occupancy/Use/Operation (b) Failure to post Building Permit construction information sign (c) Failure to provide or install appropriate safety measures for the protection of workers, inspectors, visitors, immediate neighbors and pedestrians. ii. Less Grave Violations (a) Non-compliance with the work stoppage order for the alteration/addition/conversion/repair without permit (b) Use or occupancy of building/structure without appropriate Certificate of Occupancy/Use/Operation iii. Grave Violations (a) Unauthorized change, modification or alteration during construction in the duly submitted plans and specifications on which the building permit is based (b) Unauthorized change in type of construction from more fire-resistive to less fire-resistive (c) Non-compliance with order to abate or demolish (d) Non-compliance with work stoppage order for construction/demolition without permit (e) Change in the existing use or occupancy without Certificate of Change of Occupancy/Use/Operation (f) Excavations left open without any work being done in the site for more than one hundred twenty (120) days. b. Amount of Fines(Pursuant to the Implementing Rules and Regulations (IRR) of the Building Code of the Philippines(PD1096) The following amount of fines for violations of the Building Code and its IRR is hereby prescribed: Light Violations P5,000.00 Less Grave Violations P8,000.00 Grave Violations P10,000.00 Section 6. Penalty. Any violation of the provision of this article shall be punished by a fine of not more than Five Hundred Pesos (P 500.00) or imprisonment of not more than (2) months, or both at the discretion of the Court. Provided, that notwithstanding the imposition of fine and imprisonment, the offender shall be further required to secure the necessary building permit and to pay the corresponding fees thereof or as required by existing ordinances; Provided further, that in case the construction of the building or structure is not in conformity with existing regulations, the offender shall be required to remove or demolish the said building or structure within reasonable period upon receipt of the order of demolition; and Provided, finally, that upon failure to remove or demolish the said building or structure, the Municipal Mayor or his duly authorized representative shall undertake such removal or demolition at the expense of the offender.

TITLE XVII. Annual Permit fee for the Storage of Flammable and Combustible Materials Section 1. Imposition of Fee. There shall be collected an annual permit fee for the storage of combustible materials at the rates as follows: a1. Storage of flammable liquids: gasoline, diesel, fuel, kerosene and similar products 500 to 2,000 liters (500 gals) P 100.00 2,001 to 5,000 liters (1,250 gals) P 300.00 5,001 to 20,0000 liters (5,000 gals) P 1,800.00 20,001 to 50,000 liters (12,500 gals) P 3,000.00 50,0001 to 100,000 liters (25,000 gals.)

P 3,500.00 Over 100,000 liters(25,000 gals.)

P 4,000.00 a2. Storage of Flammable Liquids: Thinner, Prepared Paints, Diesel Oil, Fuel Oil, Kerosene, Varnish, Cleansing Solvent and Polishing Liquids 500 to 2,000 liters (500 gals) P 60.00 2,001 to 5,000 liters (1,250 gals) P 120.00 5,001 to 20,0000 liters (5,000 gals) P 150.00 20,001 to 50,000 liters (12,500 gals) P 200.00 50,0001 to 100,000 liters (25,000 gals.)

P 400.00 Over 100,000 liters(25,000 gals.)

P 1,5 00.00 a3. Storage of Flammable Gases: Acetylene, Hydrogen, Coal, Gas and other flammable in gaseous form, except liquefied petroleum gas and other compress gases.

500 to 2,000 liters (500 gals) P 150.00 2,001 to 5,000 liters (1,250 gals) P 300.00 5,001 to 20,0000 liters (5,000 gals) P 800.00 20,001 to 50,000 liters (12,500 gals) P 1,500.00 50,0001 to 100,000 liters (25,000 gals.)

P 1,800.00 Over 100,000 liters(25,000 gals.)

P 2,000.00 b. Storage of combustible, flammable or explosive Substance not mentioned above ________ Section 2. Time of Payment.- The fees imposed in Article shall be paid to the Municipal Treasurer upon application for his permit with the Mayor to store the aforementioned substances.

Section 3. Administrative Provisions. (a) No person shall keep or store at his place of business any of the following flammable, combustible or explosive substances without securing a permit therefor. Gasoline or naptha not exceeding the quantity of One Hundred (100) gallons, kept in and used by launches or motor vehicles shall be exempt from the Permit fee herein required. (b) The Mayor shall promulgate regulations for the proper storing of said substances and shall designate the proper official and shall supervise therefor.

TITLE XVIII. Permit and Inspection Fee on Machineries and Engines Section 1. Imposition of Fee.- There shall be imposed an annual inspection fee on internal combustion engines generators and other machines in accordance with the following schedules: (a) Internal combustible engines: 1. 2 HP and below P 2. 5HP and below but not lower than 3 HP 3. 10HP and below but not lower than 5 HP 4. 14HP and below but not lower than 10HP 5. Above 15HP (b) Other stationery engines or machines: 1. 3HP and below 2. 5HP and below but not lower than 3 HP 3. 10HP and below but not lower than 5 HP 4. 14HP and below but not lower than 10HP 5. Above 14HP

P

(c) Electrical generators and other machine propelled by electric motors will be levied the same rates found in subsection (1).

Section 2. Time of Payment. The annual fee imposed in this Article shall be paid to the Municipal Treasurer upon application of the Permit with the Mayor but not later than fifteen (15) days after the actual inspection by person authorized in writing by the Mayor. Thereafter, the fee shall be paid within twenty (20) days of January, or of every quarter as the case may be.

Section 3. Administrative Provision. No engine or machine mentioned above shall be installed or operated within the limits of this municipality, without the permit of the Municipal Mayor and the payment of the inspection fee prescribed in this Article TITLE XIX. Permit Fee for Inspection and Verification of Subdivision Section 1. Imposition of Fee. There shall be collected a Mayor’s Permit Fee for the verification and inspection of subdivision in this municipality, in accordance with the rates prescribed by the HLURB, as follows: I. SUBDIVISION AND CONDOMINIUM PROJECTS (under P.D. 957) A. Approval of Subdivision Plan (Including town houses) 1. Preliminary Approval and Locational Clearance (PALC)/preliminary P250/ha. Or a fraction thereof Subdivision Development Plan (PSDP) . Inspection Fee 1,000/ha. regardless of density 2. Final Approval @ Development 2,000/ha. regardless of density . Additional Fee on floor Area of houses and building sold with lot P2/sq.m. . Inspection fee 1,000/ha. regardless of density (Not applicable for projects already inspected for PALC application) 3. Alteration of Plan (affected areas only) Same as final approval & Dev’t Permit 4. Certificate of Registration Processing Fee P2,000 5. License to Sell (per saleable lot) P150 . Additional Fee on floor area of houses & building sold with lot P10/sq.m.

. Inspection Fee 6. Certificate of Completion . Certificate Fee . Processing Fee density 7. Extension of Time to Develop . Inspection fee (affected/unfinished areas only)

Alteration Plan (affected areas only) – same as Final Approval and Development Permit

1,000/ha. regardless of density P150 P2,000/ha. regardless of P350 P1,000/ha. regardless of density

(Open Market) DATA: Project Area = 4.12 Ha. No. of Lots Main Project (MP) = 100 lots No. of Lots Socialized Housing Counterpart = 80 lots Area of Housing Component: MODEL “A” = (8x10) = 80 sq. m. @ 100 lots MODEL “B” = (5x8) = 40 sq. m. @ 80 lots Preliminary Subdivision Development Plan (PSDP): PALC Filing Fee: = PhP 250/Ha (or fraction hereof) x 4.1275 Ha = P 1,031.88 Inspection Fee: = PhP 1,000/Ha (regardless of density) x 4.1275 Ha = P 4,127.50 B. Subdivision Development Permit (SDP): FA/DP Processing Fee: = PhP 2,000/Ha (regardless of density) x 4.1275 Ha. = P 8,255.00 Additional fee on Floor Area of Housing/Building sold with lot: = PhP 2/sq. m. x [(80 sq. m. x 100 lots) + (40 sq. m. x 80 lots)] = PhP 2/sq. m. x (8,000 + 3,2000) = P 22,400.00 Note: NO collection of INSPECTION FEE for projects already inspected for PSDP application Alteration Plan (affected areas only) – same as Final Approval and Development Permit B. Approval of Condominium Project Final Approval and Development Permit 1. Processing Fee a. Land Area b. No. of Floors c. Building Areas . Inspection Fee 2. Alteration of Plan (affected areas only) Permit 3. Conversion (affected areas only) 4. Certificate of Registration . Processing Fee 5. License to Sell a. Residential (saleable areas) b. Commercial/ office (Saleable areas) 6. Extension of Time to Develop . Processing Fee . Inspection Fee (affected/unfinished areas only0 7. Certificate of Completion . Certificate Fee . Processing Fee C. Projects Under BP 220 a. Subdivision 1. Preliminary Approval and Locational Clearance a. Socialized Housing b. Economic Housing . Inspection Fee a. Socialized Housing b. Economic Housing 2. Final Approval and Development Permit . Processing Fee a. Socialized Housing b. Economic Housing

P5/sq.m.

P 200/floor P 4/sq.m.

P12/sq.m. of GFA Same as final approval & Dev’t

P2,000 P12/sq.m.

P25/sq.m.

P350 P12/sq.m. of GFA P150 P12/sq/m. of GFA

P75/ha.

P150/ha.

P200/ha.

P500/ha.

P500/ha.

P1,000/ha.

P500 P 5/sq.m.

P350.00 P 2/sq.m. of saleable area P150 P 3/sq.m. of GFA

(Economic Housing) DATA: Project Area 3.50 Ha. No. of Lots Main Project (MP) No. of Lots Socialized Housing Counterpart Area of Housing Component: MODEL “A” = (8x5.50) = 44 sq. m.@ 130 lots only MODEL “B” = (8x5) = 40 sq. m. @ 90 lots only Preliminary Subdivision Development Plan: Filing Fee = PhP 150/Ha (or fraction hereof) x 3.50 Ha

P

Inspection Fee = PhP 500/Ha (regardless of density) x 3.50 Ha

P 1,750.00

130 lots 90 lots

525.00

B. Subdivision Development Permit: Processing Fee : = PhP 1000/Ha (regardless of density) x 3.50 Ha. P 8,255.00 BUILDING PERMIT: = PhP 5/sq. m. x [(44 sq. m. x 130 lots) + (40 sq. m. x 90 lots)] = PhP 5/sq. m. x (5,720 + 3,600 ) P 46,600.00 Note: NO collection of INSPECTION FEE for projects already inspected for PSDP application

Php 2/m2 Php 5/m2

SUBDIVISION UNDER BP 220 (Socialized Housing) DATA NEEDED: Project Area No. of Lots Main Project (MP)

1 Ha. 36 lots

Preliminary Subdivision Development Plan: Filing Fee = P 75/Ha (or fraction hereof) x 1 Ha Inspection Fee = P 200/Ha (regardless of density) x 1 Ha

PhP 200.00

Subdivision Development Permit: Processing Fee : = PhP 200/Ha (regardless of density) x 1 Ha.

P 200.00

Note:

PhP 75.00

NO collection of INSPECTION FEE for projects already inspected for PALC application Alteration Plan (affected areas only) – same as Final Approval and Development Permit

Building Permit: Php 5/m2 Occupancy Permit: Php 2/m2 INSPECTION FEE: Php 5/m2 D. Approval of Industrial/Commercial Subdivision 1. Preliminary Approval and Locational Clearance *Inspection Fee P1,000/ha.regardless of location 2. Final Approval and Development Permit *Inspection Fee P1,000/ha.regardless of location (Projects already inspected for PALC application may not be charged inspection fee) 3. Alteration of Plan (affected areas only)

-do-

. Inspection Fee a. Socialized Housing P200/ha. b. Economic Housing P500/ha.

(Projects already inspected for PALC Application may not be charged inspection fee) 3. Alteration of Plan (affected areas only) Same as Final Approval & Dev’t Permit 4. Building Permit (floor area of housing unit) P5.00/sq.m.

5. Certificate of Registration . Application Fee a. Socialized Housing P350/lot b. Economic Housing P500/lot 6. Licenses to Sell (per saleable lot) a. Socialized Housing P20/lot b. Economic Housing P50/lot (additional fee on floor area of houses/building sold with lot) P2/sq.m. . Inspection Fee a. Socialized Housing P200/ha. b. Economic Housing P500/ha.

7. Extension of Time to Develop . Filling Fee a. Socialized Housing P350 b. Economic Housing P500 . Inspection Fee (affected/unfinished areas only) P350 a. Socialized Housing P200/ha. b. Economic Housing P500/ha.

8. Certificate of Completion . Certificate Fee a. Socialized Housing P150 b. Economic Housing P150 . Processing Fee a. Socialized Housing P200/ha. b. Economic Housing P500/ha.

9. Occupancy Permit P2./s.m. .Inspection Fee (saleable floor area of the housing unit) a. Socialized Housing P5/sq.m. b. Economic Housing P5/sq.m. b. Condominium 1. Preliminary Approval and Locational Clearance P500 2. Final Approval and Development Permit a. Total Land Area P5/sq.m. b. Number of Floor P100/floor c. Building area P2/sq.m. of GFA *Inspection Fee P2/sq.m. of GFA 3. Alteration of Plan (Affected areas only) Same as Final Approval & Dev’t Permit 4. Certificate of Registration 5. License to Sell 6. Extension of Time to Develop *Inspection Fee (FA x P2 % of remaining devt. Cost) 7. Certificate of Completion *Certificate Fee *Processing Fee

Occupancy Permit: INSPECTION FEE:

4. Certificated of Registration 5. License to Sell *Inspection Fee 6. Extension of Time to Develop *Inspection Fee (affected/unfinished areas only) 7. Certificate of Completion a. Industrial b. Commercial E. Approval of Farmlot Subdivision 1. Preliminary Approval and Locational Clearance *Inspection Fee 2. Final Approval and Development Permit *Inspection Fee (Projects already inspected for PALC application may not be charged inspection fee) 3. Alteration of Plan (affected areas only) 4. Certificate of Registration 5. License to Sell *Inspection Fee 6. Extension of Time to Develop *Inspection Fee (affected/unfinished areas only) 7. Certificate of Completion *Certificate Fee *Processing Fee F. Approval of Memorial Park/Cemetery Project/Columbarium 1. Preliminary Approval and Locational Clearance a. Memorial Projects b. Cemeteries c. Columbarium *Inspection Fee a. Memorial Projects b. Cemeteries c. Columbarium 2. Final Approval and Development Permit a. Memorial Projects b. Cemeteries c. Columbarium

P300/ha.

P5,000/ha.regardless of location

Same as Final Approval & Dev’t Permit P2,000 P 2/sq.m. of the land area P1,000/ha.regardless of location P 350 P1,000/ha.

P 350/ha.regardless of location P 500/ha.regardless of location P 200/ha.

P 500/ha.

P1,000/ha.

P 500/ha. same as Final Approval & Dev’t Permit P2,000 P 500/lot P1,000/lot P 350 P1,000/ha.

P 150 P1,000/ha.

P 500/ha.

P 200/ha.

P 2,500/ha.

P 1,000/ha.

P 500/ha.

P 12/sq.m. of GFA P 2/sq.m.

P 1/sq.m.

P 200/floor

P 4/sq.m. of GFA P 5/sq.m.land area *Inspection Fee (Projects already inspected for PALC application may not be charged inspection fee) a. Memorial Projects b. Cemeteries c. Columbarium 3. Alteration Fee 4. Certificate of Registration 5. Licenses to Sell a. Memorial Projects -Apartment type b. Cemeteries c. Columbarium *Inspection Fee a. Memorial Projects b. Cemeteries c. Columbarium 6. Extension of Time to Develop *Inspection Fee (affected/unfinished areas only) a. Memorial Projects b. Cemeteries c. Columbarium 7. Certificate of Completion *Certificate Fee *Processing Fee a. Memorial Projects b. Cemeteries c. Columbarium G. Other Transactions/Certifications A. Application/Request for: 1. Advertisement Approval 2. Cancellation/Reduction of Performance Bond 3. Lifting of Suspended Licenses to Sell 4. Exemption from Cease and Desist Order 5. Clearance to Mortgage 6. Lifting of Cease and Desist Order 7. Change of Name/Ownership 8. Voluntary cancellation of CR/LS 9. Revalidation/Renewal of Permit (Condominium) B. Other Certifications 1. Zoning Certifications 2. Certification of Town Plan/Zoning Ordinance Approval 3. Certification of New Rights/Sales 4. Certificate of Registration (form) 5. License to Sell (form) 6. Certificate of Creditable Withholding Tax (maximum of 5 lots per certificate) 7. Others, to include: a. Availability to records/public request b. Certificate of no records on file c. Certificate of with or without CR/LS d. Certified Xerox copy of documents (report size) *Document of five(5) pages or less *Every additional Page e. Photo copy of documents

P 1,000/ha.

P 500/ha.

P 12/sq.m. of GFA same as Final Approval/Dev’t Permit P 2,000 P P P P

50/2.5sq.m.

20/per unit 20/tomb 50/vault

P 1,000/ha P 500/ha P 350 P 1,000/ha.

P 500/ha.

P12/sq.m. of the remaining GFA P

150

P 1,000/ha.

P 500/ha.

P 4/sq.m. of GFA

P 500 P 2,000.

P 2,000.

P 150 P 1,000 P 2,000 P 1,000 P 1,000 50% of assessed current processing fees including inspection fee P 500/ha P P P P

150 150 150 150

P 150 P 200 P 200 P 200 P P P

30 3 2

ORDINANCE/P11

ORDINANCE

THURSDAY, OCTOBER 4, 2012

www.mindanaodailybalita.com

Ordinance... from page 10

H. Registration of Dealers/Brokers/Salesmen A. Dealers/Brokers B. Salesmen/Agent I. Homeowner Associations 1. Registration of HOA Examination/Registration *Articles of Incorporation *By-Laws *Books P 200 2. Amendments *Articles of Incorporation *By-Laws 3. Dissolution of Homeowners Association 4. Certification of the new set of officers 5. Other Certifications *Inspection Fee (CMP Projects) J. Legal Fees A. Filing Fee B. Additional Fee for claims(for refund, damages, attorney’s fee, etc.)

1. Not more than P20,000 2. More than P20,000 but less than P80,000 3. P80,000 or more but less than P10,000 4. P100,000 or more but less than P150,000 5. For each P1,000 in excess of P150,000 C. Petition for Review

P 500 P 200 P 650 P 650

P P P P P P

500 500 500 350 150 500/ha.

P 1,000 P P P P P P

120 400 600 1,000 5 2,000

D. Pauper-litigants are exempt from payment of legal fees 1. Those whose gross income is not more than P6,000 per month and residing within M.M. 2. Those whose gross income is not more than P4,000 per month and residing outside M.M. 3. Those who do not own real property.

E. Government agencies and its instrumentalities are exempted from paying legal fees.

F. Local Government & government owned or controlled corporations with or without Independent charters are not exempted paying legal fees.

K. UPLC Legal Research Fee Computation of Legal Research Fee for the University of the Philippines Law Center (UPLC) remains at One Percent (1%) of every fee charged but shall in no case be Lower than P10.00 L. Research/Service Fee (50% discount for students) A. 1. Photocopy (Maps:Subd./Condo Plans; presentation size) 2. Hard Copy from Diskettes (License to Sell Data) in excess of 5 3. Electronic File (License to Sell available data) additional P50 for rush job 4. Electronic File (Land Use Maps available) 5. Certified True Copy-Map(Land Use Plan) B. Sale of Forms, Publications, etc.

1. Proforma-Article of Incorporation and By-Laws 2. Books and other HLURB publications a. CLUP Guidelines: Volume 1 Demography Volume II Social Sector Volume III Economic Sector Volume IV Infrastructure & Utilities Sector Volume V Land Use Volume VI Local Administration Volume VII Mapping Volume VIII Report Writing Volume IX

Plan Review, Adoption and Approval Process Volume X Model Zoning Ordinance

b. PD 957 c. BP 220 d. Planning Strategically Guidelines

P 100 P 30 1st 5 pages; P5/page P 500/diskette;

P 10,000 P 100 P 150 P P P P P P P P

120 380 380 250 300 100 250 50

P P P P P

230 150 200 200 200

Application for CR/LS with DP issued by LGUs shall be charged inspection fee If upon verification and inspection, it is found out that the subdivision is of a bigger area than what was reported as its areas, the applicant shall pay the fees corresponding to the area difference and the official receipt therefor shall be presented to the Mayor before final action is taken on the application.

Section 2. Time of Payment. The fees imposed in this article shall be paid by the subdivision owner or his representative to the Municipal Treasurer before verification or inspection is conducted.

Section 3. Administrative Provisions. The Municipal Mayor shall administer the provision of this article and other existing ordinance, executive orders, laws, regulating to, and governing subdivision and housing projects.

TITLE XX. Permit Fee for Zoning/Locational Clearance Section 1. Imposition of Fee. There shall be collected a Mayor’s Permit Fee for Zoning/ Locational Clearance for all structures a constructed in this municipality in accordance with prescribed HLURB rates.

ZONING/LOCATIONAL CLEARANCE A. Single residential structure attached or detached 1. P100,000 and below P400.00 2. Over P100,000 to P200,000 600.00 3. Over P200,000 600+1/10 of 1% in excess of P200,000 B. Apartment/Townhouses 1. P500,000 and below P1,500.00 2. Over P500,000 to 2 million P2,000.00 3. Over 2 million 3,000.00+1/10 of 1% of cost in excess of P2M regardless of the number of doors.

C. Dormitories 1. P2 Million and below P3,000.00 2. Over P 2Million 3,000+1/10 of 1% of cost in excess of P2M regardless of the number of doors D. Institutional Project cost of which is: 1. Below P2Million P3,000 2. Over P2Million 3,000+1/10 of 1% of cost in excess of P2M E. Commercial, Industrial and Agro-Industrial Project Cost of which is: 1. Below P100,000 P1,500.00 2. Over 100,000 – P500,000 2,000.00 3. Over P500,000-P1M 2,500.00 4. Over P1M-P2M 3,500.00 5. Over P2M 5,000+1/10 of 1% of cost in excess of P2M F. Special Uses/Special Projects (Gasoline station, cell sites, slaughter house, treatment plant etc.)

1. Below P2Million P7,000.00 2. Over P2Million 7,000+1/10 of 1% of cost in excess of P2 M same as original application G. Alteration /Expansion (affected areas/cost only) Section 2. Time of Payment. The fees in this Article shall be paid by the applicant or his representative to the Municipal Treasurer when zoning/locational clearance is granted.

Section 3. Administrative Provision. The Municipal Mayor shall administer the provision of this Article and other existing ordinances, executive orders, laws relating to and governing zoning/ locational clearance.

XXI. Permit Fee for Temporary Use of Roads, Streets, Sidewalk, Alleys, Patios, Plazas and Playgrounds Section 1. Imposition of Fee. Any person that shall temporarily use and/or occupy a street, sidewalk, or alley or portion thereof in this municipality in connection with their construction works and other purposes, shall first secure a permit from the Mayor and pay a fee in the following schedule: 1) For construction P 5.00 /sq.m. per week or fraction thereof 2) Others 10.00/sq.m. per day For wake and other charitable, religious and educational purposes, use and/or occupancy is exempted from the payment of permit fee provided a corresponding permit is secured prior to such use and/or occupancy.

Section 2. Time of Payment. The fee shall be paid to the City Treasurer upon application of the permit with the City Mayor.

Section 3. Administrative Provisions. The period of occupancy and/or use of the street, sidewalk, or alley or portion thereof shall commence from the time the construction permit is issued and shall terminate only upon the issuance of the certificate of building occupancy. The Municipal Engineer shall report to the Municipal Treasurer the area occupied for purposes of collecting the fee.

TITLE XXII. Permit Fee for the Conduct of Group Activities Section 1. Imposition of Fee. Every person who shall conduct, or hold any program, or activity involving the grouping of people within the jurisdiction of this municipality shall obtain a Mayor’s permit therefor for every occasion of not more than twenty-four (24) hours and pay the Municipal Treasurer the corresponding fee in the following schedule: 1.

Conference, meetings, rallies and demonstration in outdoor, in parks, plazas, roads/streets P 500.00 2.

Dances 500.00 3.

Coronation and ball 500.00 4.

Promotional sales 1,000.00 5.

Other Group Activities 500.00 Section 2. Time of Payment. The fee imposed in this article shall be paid to the Municipal Treasurer upon filing of application for permit with the Municipal Mayor.

Section 3. Exemption. Programs or activities conducted by educational, charitable, religious and governmental institutions free to the public shall be exempted from the payment of the fee herein imposed, provided, that the corresponding Mayor’s Permit shall be secured accordingly. Programs or activities requiring admission fees for attendance shall be subject to the fees herein imposed even if they are conducted by exempt entities.

Section 4. Administrative Provision. A copy of every permit issued by the Municipal Mayor shall be furnished to the Chief of Police or Station Commander of the Philippine National Police (PNP) of the municipality who shall assign police officers to the venue of the program or activity to help maintain peace and order.

CHAPTER IV. SERVICE FEES TITLE I. Secretary’s Fees Section 1. Imposition of Fees. There shall be collected the following fees from every person requesting for copies of official records and documents from the offices of this municipality.

Amount of Fee For every page or fraction thereof typewritten (not including the certificate and notation) P 100.00 b) For each certificate of correctness (with seal of Office) written on the copy or attached thereto 100.00 c) For certifying the official act of the Municipal Judge or other judicial certificate with seal 100.00 d) For certified copies of any papers, records, decrees, judgment or entry of which any person is entitled to demand and receive a copy (in connection with judicial proceedings) for each page 150.00 e) Photocopy or any other copy produced by copying machine per page 60.00 Additional Page 20.00 Section 2. Exemption. The fees imposed in this Article shall not be collected for copies furnished to other offices and branches of the government for official business, except for those copies required by the Court at the request of the litigant, in which case, charges shall be in accordance with the above-mentioned schedule.

Section 3. Time and Manner of Payment. The fees shall be paid to the Municipal Treasurer at the time the request, written or otherwise, for the issuance of a copy of any municipal record or document is made. a)

TITLE II. Local Civil Registry Fees Section 1. Imposition of fees - The following fees shall be collected for services rendered by the Civil Registry of the Municipality: A. Birth Registration: 1. Within 30 days from date of birth Exempt 2. After thirty (30) days from date of birth 50.00 but not more than six (6) mos.

3. After six (6) mos from date of birth 100.00 but not more than one (1) year.

4. After one (1) year from date of birth 150.00 But not more than five (5) years.

5. After five (5) years from date of birth 250.00 6. Sale of Form (MF 102) 25.00 7. Court Orders/Decrees not registered within 250.00 the reglamentary period B. Marriage Fees 1. Marriage License Application Fee 650.00 2. Solemnization Fee 250.00 3. Pre-Marriage Counselling Seminar Fee 50.00 C. Marriage Registration For Ordinary Marriages: 1. Within fifteen(15) days from date of marriage 2. After fifteen(15) days from date of marriage but not more than six (6) mos.

3. After six (6) mos from date of marriage but not more than (1) year.

4. After one (1) year from date of marriage but not more than five (5) years.

5. After five (5) years from date of marriage 6. Sale of Form ( MF 97) For Marriages Exempt from Marriage License: 1. Within 30 days from solemnization of Marriage.

2. After 30 days from solemnization of Marriage D. Death Registration 1. Within 30 days from date of death 2. After thirty (30) days from date of death 3. Sale of Form (MF 103) E. Registration of Court Orders/Judicial Decrees 1. Legal Separation 2. Annotation of Divorce 3. Annulment of Marriage 4. Declaration of Absolute Nullity of Marriage 5. Annotation on Civil Registry Records of Foreign documents registered in Manila Civil Registry.

6. Legitimation through Judicial Process 7. Adoption: a) Foreign Adoption: b) Local Adoption:

Exempt 50.00 100.00 150.00 250.00 25.00 Exempt 250.00 Exempt 250.00 25.00 350.00 350.00 350.00 350.00 350.00

60.00 60.00 60.00 60.00 60.00 60.00 60.00 20.00 20.00 100.00 100.00 100.00 100.00

Section. 3- Payment of fees - The fees shall be paid to the Municipal Treasurer or his duly authorized deputies before registration or issuance of the document or certified copy thereof.

TITLE III. Police Clearance Fee Section 1. Imposition Fee. There shall be paid for each police clearance certificate obtained from the Station Commander of the Philippine National Police of this municipality the following fees: Amount of Fee 1. For employment, scholarship, study grant, and other purposes not hereunder specified P 60.00 2. For change of name 100.00 3. For application for Filipino citizenship 300.00 4. For passport or visa application 300.00 5. For firearms permit application 500.00 6. For PLEB clearance 200.00 7. Extract Records for Police Blotter 100.00 Section 2. Time of Payment. The service fee provided under this Article shall be paid to the Municipal Treasurer upon application for police clearance certificate.

TITLE IV. Sanitary Inspection Fee Section 1. Imposition of Fee. Every owner/operator of business, industrial, commercial or agricultural establishments, accessories shall secure sanitary certificate or permit for the purpose of supervision and enforcement of existing rules and regulations on sanitation and safety of enforcement of existing rules and regulations on sanitation and safety of the public upon payment to the Municipal Treasurer of an annual fee in accordance with the following schedule: a) Financial Institution - such as banks, pawnshops, money shops, insurance companies and all other similar establishments: Main Office P 350.00 Every branch 250.00 b) Gasoline and filling stations 600.00 c) Private Hospitals 1,500.00 d) Medical clinics, dental and animal hospital 250.00 e) Hotels, motels, apartelle and all other similar establishments 1,500.00 f) Apartment per door 150.00 g) Houses for rent 250.00 h) Dormitories, lodging or boarding houses 250.00 i) Institutions of learning 600.00 j) Media facilities 500.00 k) Administration Officers, display offices and/or office of professionals 500.00 l) All other businesses, industrial, commercial, agricultural establishments nor specifically mentioned above: With an area of 1,000 sq.m. or more 1,100.00 500 sq.m. or more but less than 1,000 sq.m.

880.00 200 sq.m. or more but less than 500 sq.m.

660.00 100 sq.m. or more but less than 200 sq.m.

440.00 50 sq.m. or more but less than 100 sq.m.

220.00 less than 50 sq.m.

110.00 m. Certificate of Potability 100.00 n. Transfer of Cadaver 100.00 o. Transfer of Remains 100.00 p. Exhumation Permit 100.00 q. Re-burial Permit 100.00 In case were single person, partnership or corporation conducts or operates two or more business in one place or establishment, the sanitary inspection permit fee shall be imposed on the business with the highest rate.

Section 2. Time of Payment. The sanitary inspection fee prescribed under this Article shall be paid at the Office of the Municipal Treasurer concerned within ten (10) days from the date of inspection.

Section 3. - Administrative Provision - Except as otherwise provide, the local health officer or his duly authorized representative shall conduct an annual inspection of all houses, accessoria or building for rent or as soon as circumstances require and all business establishments (commercial industrial, agricultural) in order to determined their adequacy of ventilation, property of habitation and general sanitary conditions pursuant to the existing laws, rules and regulations. Sanitary permit shall be issued to the owner by the Local Health Officer or his duly authorized representative after such inspection was conducted and found to be sanitary.

Every permit issued shall show the name of the applicant, his nationality, marital status, address, nature of organization, (whether sole proprietorship, partnership or corporation), location information or date as may be necessary.

The permit shall be granted for a period of not more than one year and shall expire on the 31st day of December following the date of issuance thereof, unless revoked or surrendered earlier.

Every permit shall cease to be in force upon revocation; surrender of same; upon closure of the business or discontinuance of the undertaking for which the permit was issued. The business shall be deemed finally closed only upon payment of all taxes, charges and fees due thereon.

TITLE V. Service Fees for Health Examination

350.00 500.00 350.00

i) If both parents for joint adoption are, or if Lone adopter is, not the Natural/biological Parents/parent. ii) If one or both parents for joint adoption are, or if the lone adopter is, the Natural/ biological parents/parent.

8. Voluntary emancipation of minors.

9. Court Decision recognizing or Acknowledging natural children or Impugning or denying recognition.

10. Judicial determination of paternity.

11. Court decision or order on the Custody of minors and guardianship.

12. Option/Election to Philippine Citizenship.

13. Change of Name through Court Proceedings.

14. Aliases.

15. Naturalization by Court Proceedings.

16. Repatriation or Voluntary Renunciation of Citizenship through the Court.

17. Court Declaration of Presumptive Death.

18. Correction of Entry/ies through Court Proceedings.

19. Registration of other Court Orders/Judicial Decrees.

F. Registration of Legal Instruments

4. Certification of Marriage Available (Form 3A) 5. Certification of Marriage Not Availabe (Form 3B) 6. Certification of Marriage Destroyed/Lost (Form 3C) 7. Certification Death Available ( Form 2A) 8. Certification of Death Not Available (Form 2B) 9. Certification of Death Destroyed/Lost (Form 2C) 10. Certification /True Copy of Civil Registry Records 11. Photographic, Machine Copy or Image reproduction of Civil Registry Records (not Certified) 12. Certified Photocopy, Machine Copy or Image reproduction of Civil Registry Records 13. Certificate of Registration of Civil Registry Records 14. Certification of Filing of Petition of R.A. 9048, Legitimation, AUSF 15. Letters/Endorsement of Civil Registry Records to NSO-OCRG or other Municipal/City Civil Registry Offices 16. Other Certifications on Civil Registry Records on File

11

350.00 350.00 350.00 350.00 350.00 350.00 350.00 350.00 350.00 350.00 350.00 350.00

1. Certificate of Repatriation 500.00 2. Affidavit or Oath of Allegiance of Wife or Children of a Citizen.

500.00 3. Affidavit to Use the Surname of the Father through R.A. 9255 250.00 4. Affidavit of Acknowledgement/Affidavit of Admission of Paternity/Affidavit250.00 Recognizing Natural Children 5. Affidavit of Legitimation by Subsequent Marriage of Natural Parents 250.00 6. Voluntary Emancipation of a Minor Child.

100.00 7. Supplemental Report of Birth 250.00 8. Certificate of Naturalization 500.00 9. Certificate of Legal Capacity to Marry 250.00 10. Affidavit of Reappearance 250.00 11. Authorization or Ratification of Artificial Insemination.

350.00 12. Registration of Other Legal Instruments.

250.00 G. Other Filing Fees: 1. Correction of Entry/ies in the Civil Registry Record through R.A. 9048. 1,000.00 2. Change of Name in the Record of Birth through R.A. 9048.

3,000.00 3. Filing Fee for Correction of Entry (Migrant) 500.00 4. Filing Fee for Change of Name (Migrant) 1,000.00 Issuance of Certifications, Certified Copies of Civil Registry documents, and Image of Documents on File in the Civil Registry: H. Issuance of Certifications: 1. Certification of Birth Available (Form 1A) 60.00 2. Certification of Birth Not Available (Form 1B) 60.00 3. Certification of Birth Destroyed/Lost (Form 1C) 60.00

Section 1. Imposition of Fee. There will be collected a fee of forty Pesos (P40.00) from any person who is given a physical examination by the Municipal Health Officer or his duly authorized representative, as required by existing ordinances.

A fee of fifty two Pesos (P52.00) shall be collected for each additional copy of subsequent issuance of a copy of the initial medical certificate issued by the Municipal Health Officer.

Laboratory Fees – All persons requiring the services of the Local Health Officer for laboratory test shall pay the following laboratory fees: 1. Urinalysis 2. Stool Examination/Fecalysis 3. Pregnancy test 4. Complete Blood Count 5. Hemoglobin/Hematocrit Count 6. Platelet Count 7. Sputum Exam 8. Fasting Blood Sugar (FBS) 9. Blood Typing 10. Cross matching 11. Hepa B s Ag det.

12. Hepa C s Ag det.

13. Widal Test/S. Typhi Ig G/Ig M 14. BUN 15. Creatinine 16. Uric Acid 17. Cholesterol 18. Triglyceride 19. HDL 20. LDL 21. Drug Test 22. Hemoglobin/hematocrit count for pregnant women 23. Urinalysis for pregnant women 24. Foreign body removal (nose and other parts of the body) 25. IUD insertion 26. IUD removal 27. Pap smear 28. Depo Provera Injection 29. Wound dressing 30. Wound suturing (minor) 31. Suture removal 32. Sputum Exam to non-symptomatic 33. Urinalysis to non-pregnant 34. Platelet count 35. CBC non-pregnant 36. CBC pregnant 37. Blood Typing (except Senior Citizens) 38. Circumcision (adult) 39. Circumcision (kid)

P

45.00 45.00 100.00 50.00 50.00 45.00 40.00 100.00 50.00 100.00 180.00 180.00 650.00 100.00 100.00 100.00 200.00 500.00 500.00 500.00 300.00 25.00 25.00 100.00 100.00 100.00 150.00 100.00 20.00 100.00 50.00 50.00 50.00 50.00 50.00 25.00 50.00 400.00 150.00

Section 2. Time of Payment. The Health Certificate Laboratory Fees prescribed for the preceding Sections shall be paid upon issuance of such Health Certificates and/or before the taking

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of the Laboratory Test to the Municipal Treasurer or his representative.

Section 3. Administrative Provisions. (a) Individuals engaged in an occupation or working in the following establishments, are hereby required to undergo physical and medical examination before they can be employed and once every six months (6) thereafter.

1. Food establishments – establishments where food or drinks are manufactured, processed, stored, sold or served.

2. Public swimming or bathing places.

3. Dance schools, dance halls and night clubs - include dance instructors, hostess, cooks, bartenders, waitresses, etc.

4. Tonsorial and beauty establishments - include employees of barber shops, beauty parlors, hairdressing and manicuring establishments, exercise gyms and figure slenderizing saloons, facial centers, aromatherapy establishments, etc.

5. Massage clinics and sauna bath establishments - include masseurs, massage clinic/sauna bath attendants, etc.

6. Hotel, motels and apartments, lodging, boarding, or tenement houses, and condominiums. (b) Owners, managers or operators of the establishments shall see to it that their employees who are required to undergo physical and medical examinations have been issued the necessary medical certificates. (c) The Municipal Health Officer shall keep a record of physical and other health examinations conducted, and the copies of medical certificates issued indicating the name of the applicant, the date and the purpose for which the examination was made.

Section 4. Penalty. A fine of Fifty Pesos (P50.00) shall be paid by the owner, manager or operators of the establishment for each employee found to be without the necessary medical certificates.

TITLE VI. Dog Vaccination Fee Section 1. Imposition Fee. There shall be collected/imposed from every owner of the dog a vaccination fee of Fifty pesos (P50.00) for every dog vaccinated within the territorial jurisdiction of this municipality.

Section 2. Time of Payment. The fee shall be paid to the Municipal treasurer prior to the vaccination of the dog in close coordination with the Municipal Agricultural Office and the Office of the Provincial Veterinarian.

Section 3. Administrative Provisions.

1. Vaccination Against Rabies – means the inoculation of a dog with rabies vaccine licensed for the species by the Bureau of Animal Industry, Department of Agriculture. Such vaccination must be performed by trained individual from BAU, Provincial Veterinarian Office and Municipal Agriculture Office. (a) Every dog 3 months of age and older should be submitted by the owner for vaccination against rabies every year. Young dogs shall be vaccinated within thirty (30) days after they have reached three months of age. (b) During free mass dog rabies vaccination campaign, every dog 3 months of age and older should be submitted by the owner for vaccination. Dogs not submitted on the scheduled date or within one month thereafter shall be exterminated under the supervision of the Municipal Rabies Control Authority.

Becomes optional after a mass dog rabies vaccination campaign covering at least 80% of the dog population.

2. It shall be the duty of each trained vaccination when vaccinating any dog to complete certificate of rabies vaccination (in duplicate for each animal vaccinated). The certificate shall include the following information. (a) Owners name, address and telephone number if any (b) Description of dog (color, sex, markings, age, name, species and breed if any) (c) Dates of vaccination and vaccine expiration if known (d) Rabies vaccination tag number (e) Vaccine produced (f) Vaccinator’s signature (g) Veterinarians license number/ vaccinator’s address The dog owner shall be provided with a copy of the certificate. The veterinarian/ vaccinator will retain one copy for the duration of the vaccination. A durable metal or plastic tag, serially numbered issued by the veterinarian/ vaccinator, shall be securely attached to the collar of the dog.

NOTE : The above provisions may not apply in a mass vaccination program. During a free mass dog vaccination, the cost shall be borne by the owner after the scheduled date.

3. Dog Registration or Licensing – Every dog shall be registered by their owner upon reaching the age of 3 months and every year thereafter. Unvaccinated dogs registered after reaching the age of 3 months and dogs 3 months old and above not previously registered shall be vaccinated upon registration. The dog owner shall pay such registration fee as may be determined by the Municipal Council. The registration officer shall provide the owner with a certificate of certification for the dog and affix to a distinguished collar tag as proof of registration.

4. Elimination of Unregistered Dog – Unregistered dogs over the age of 4 months shall be seized and humanely exterminated under the supervision of a licensed veterinarian or the Municipal Rabies Control Authority or vaccinated under the provisions of Section 3 (4).

The licensed veterinarian/ trained vaccinator or the Municipal Rabies Control Authority shall give the guidance on the extermination methods to be used (shooting, poisoning, carbon dioxide or anesthetic overdose or decapitation) in a different environment (area of habitation, marketplace, rubbish dumps, open countryside, etc.)

The license veterinarian, trained vaccinator, the Municipal Rabies Control Authority or a police officer may enter any land for the purpose of seizing or exterminating a dog which is liable to be seized under this section.

NOTE : Elimination is based on the presence or absence of a dog tag and/or a registration or vaccination certificate.

The Provincial Veterinarian and the MAO is tasked to determine the age of the dogs.

5. Reporting of Biting Incidents - The owner of a dog which has bitten any person and the person who has been bitten shall, within 24 hours of the occurrence, report the incident to the Municipal Rabies Control Authority, a health care worker or a police officer receiving such information who shall immediately transmit it to the Municipal Rabies Control Authority for investigation.

6. The owner of a dog which has bitten any person shall be responsible for all the Treatment and dog examination.

7. Financial support for the activity shall be borne by the Municipal Government, Provincial Government and the Barangay Government.

Section 4. Penalty. Any dog owner who fails to abide by any of the provisions of this ordinance shall be subjected to a fine of Two Thousand Five Hundred (P2,500.00) Pesos without prejudice to the provision of Section 3 (7).

It shall be the responsibility of the Municipal Rabies Control Authority to administer this ordinance, and to promulgate the necessary rules and regulations for its implementation. Enforcement shall be the responsibility of the Municipal Rabies Control Authority as defined under Section 1 of this article.

CHAPTER V. MUNICIPAL CHARGES TUBOC BUSINESS COMMUNITY CENTER (TBCC) TITLE I. Title, Scope, Authority and Purpose Section 1. Title. This Ordinance shall be known as “The 2012 Tubod Business Community Center (TBCC) Code of the Municipality of Tubod, Lanao del Norte”.

Section 2. Scope. This Code shall govern the administration and operation of the municipality’s Tubod Business Community Center (TBCC) including the classification, construction, repair, renovation of booths and stalls therein, imposition and collection of business center rental fees and charges for occupancy thereof.

Section 3. Authority. This Code is enacted pursuant to Section 447 of Republic Act 7160, otherwise known as the “Local Government Code of 1991” which empowers the municipality thru its legislative body known as the Sangguniang Bayan to: a. Prescribe the terms and conditions under which public utilities owned by the municipality shall be operated by the municipal government or leased to private persons or entities, preferably cooperatives; b. Establish business centers or markets and authorize the operation thereof, and regulate the construction and operation of private markets, “talipapas” or other similar buildings and structures; c. Require that buildings and the premises thereof and any land within the municipality be kept and maintained in a sanitary condition, impose penalties for any violation thereof, or upon failure to comply with said requirements, have the work done require the owner, administrator or tenant concerned to pay the expenses of the same, or require the filling up of any land or premises to a grade necessary for proper sanitation.

Section 4. Purpose. This Code is enacted for the following purposes: a. Guide, control and regulate the growth and development of this municipality’s Tubod Business Community Center(TBCC) including its premises; b. Protect the character and stability of the TBCC and its premises as well as promote an orderly and beneficial development of the same; c. Promote and protect the health, safety, peace, comfort and general welfare of the occupants therein as well as the general public patronizing the TBCC; d. Regulate the operation of all businesses or trade activities in the TBCC; e. Regulate and restrict the location and use of stalls, booths or other structures inside the TBCC compound; f. Regulate the alteration or remodeling of existing booths or structures in such a way as to avoid public hazards or inconvenience; g. Eliminate the incompatible or non-conforming uses of the TBCC stalls and its premises.

TITLE I. Construction of Provisions Section 1. Words and Phrases Not Herein Expressly Defined. Words and phrases embodied in this Code not herein specifically defined shall have the same definitions as found in RA 7160, otherwise known as the Local Government Code of 1991.

Section 2. Rules of Construction. In construing the provisions of this Code, the following

rules of construction shall be observed unless inconsistent with the manifest intent of the provisions: a) General Rules. All words and phrases shall be construed and understood according to the common and approved usage of the language; but the technical words and phrases and such other words in this Code which may have acquired a peculiar or appropriate meaning shall be construed and understood according to such technical, peculiar or appropriate meaning. b) Gender and Number. Every word in the Code importing the masculine gender shall extend to both male and female. Every word importing the singular number shall apply to several persons or things as well; and every word importing the plural number shall extend and be applied to one person or thing as well. c) Reasonable Time. In all cases where any act is required to be done within the reasonable time, the same shall be deemed to mean such time as may be necessary for the prompt performance of the act. d) Computation of Time. The time within which an act is to be done as provided in this Code, or 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 if the last day falls on a Sunday or holiday, in which case the same shall be excluded in the computation and the business day following shall be considered the last day. e) References. All references to chapters, articles, or sections are to the 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 matters and questions involved therein. g) Conflicting Provisions of Sections. If the provisions of the different sections in the same article conflict with each other, the provisions of the Section which is the last in point of sequence shall prevail.

TITLE III. Definition of Terms Section 1. Definition of Terms. When used in this Code, each of the following words and phrases shall be construed to mean as follows: a) Bladed Instruments – refer to any sharp-pointed implement used to cut, strip or otherwise mutilate animal carcasses. The term includes butcher’s knife, kitchen knife, cutting blade, sharpening torque otherwise known as “panghasa” and similar instruments. b) Butcher – refers to any person engaged in slaughtering pig, cows, poultry and other livestock not prohibited by existing laws and ordinances. c) Business Center/Marker Booth – refers to an enclosure built or erected on a market space where merchandise of various kinds is being sold or offer for sale. d) Business Center/Market Building - a constructed edifice designed to stand more or less permanently, covering space of land, usually covered by a roof, more or less enclosed by walls and supported by columns, and serving as a place for commercial or trade activities. e) Business Center/Market Premises – refer to any space in the business center/public market compound, part of the business center/market loot consisting of bare ground, outside of the business center/public market building usually occupied by transient vendors during market days. f) Business Center/Market Section – refers to a subdivision of the business center/public market housing one class or group of allied goods, commodities or merchandise. g) Floorings – refer to the ground flooring of stalls in the Business Center/Public Market. h) Government-Owned or Operated Business Centers/Public Markets – refer to those markets and/ or business centers established out of public funds or those leased/acquired by any legal means from private persons, natural or juridical, to be operated by the government either thru its instrumentality, branch or political subdivision. i) Harboring – refers to the act whereby a person gives shelter and aid to an illegal vendor or to clandestinely shelter, succor and improperly protect illegal vendors. j) Impervious Materials – shall mean and refer to hardware materials that are impenetrable, not capable of being damaged and tarnished, not affected by harsh elements of nature such as mildew, algae, fungi, or moisture with plain and smooth surface that are durable and resistant to wear corrosion.

Samples of impervious materials are stainless steel plates, ceramic files, fornica sheets, porcelain plates, marble slabs and other surfaced, non-porous, water or moist resistant materials. k) Leasehold Rights – the rights transferred by the stallholder to his legitimate spouse and legitimate children in case of death. l) Legitimate Farmers – farmers who are members of duly registered and accredited farmers’ association in the Municipality of Tubod, Lanao del Norte. m) Legitimate Stallholder – refers to the occupants of the previous Tubod Public Market who pays the necessary license and business permits as per record of the Municipal Treasurer’s Office and de facto lease holders who are ambulant vendors as per record of the Department of Trade and Industry before closure of the Tubod Public Market. n) Market Fee – refers to the fee collected by the market collector duly assigned by the Municipal Treasurer for using business center/public market utilities. o) Market Rental Fee – refers to the amount of fee collected for the privilege of occupying and utilizing a business center/market stall or space for commercial activities. p) Market/Business Center Section – refers to the classification of a group of continuous stalls in the business center/market according to the kind of merchandise offered for sale therein, to wit: p.1 Coconut Section – refers to the area where only coconut meat and milk shall be sold. p.2 Cold Storage Service Section – refers to the area where only refrigeration services shall be made available and sale of ice in whatever form shall be conducted. p.3 Dressed Chicken Section – refers to the area where only dressed chicken shall be sold.

These products could either be newly slaughtered of frozen. p.4 Dried Fish Section – refers to the area where only all dried marine products and smoked fish shall be sold. p.5 Electronics and Appliance Section – refers to the area where only all kinds of electronics and appliances shall be sold. p.6 Feeds Section – refers to the area where only animal feeds shall be sold. p.7 Flower, Plants and Garden Section – refers to the area where all kinds of fresh and/or artificial flowers, plants and garden accessories and tools shall be sold. p.8 Fruit Section – refers to the area where only all kinds of fruits including those abundant in Tubod, Lanao del Norte shall be sold. p.9 Footwear Section – refers to the area where only footwear and other related products shall be sold. p.10 Glassware Section – refers to the area where only all kinds of kitchen utensils, plastic wares, toiletries, styrofoam, and other kitchen wares shall be sold. p.11 Grocery Section – refers to the area where only all kinds of grocery items and other household and food products shall be sold. p.12 Hawkers’ Plaza - refers to the area where fruits, appliances and electronics, dried fish and charcoal shall be sold. p.13 Meat Section – refers to the area where only meat products like pork, beef, mutton (goat), and other livestock products not prohibited by existing laws or ordinances are being sold provided that these meats shall be separately displayed and properly labeled. Dresses chicken is no included in this section. p.14 Native Products Section – refers to the area where only all native products shall be sold. p.15 Novelty Section – refers to the area where only novelty items like souvenir items, men’s and women’s accessories and all kinds of bags shall be sold. p.16 Parlor and Barber Shop Section – refers to the area where only beauty products and services like haircutting, hair coloring, pedicure and manicure services among others shall be available. p.17 Restaurant Section – refers to the area where only all kinds of cooked/prepared foods and beverages except liquor shall be sold. p.18 Grains Section – refers to the area where only all varieties of grains, such as; rice, corn, sorghum, etc. shall be sold. p.19 RTW and Textile Section – refers to the area where only all kinds of textile, curtains, readymade dresses and apparels shall be sold, rental of gowns and barong shall also be available in this section. p.20 School and Office Supplies Section – refers to the area where school and office supplies and other related items shall be sold. p.21 Shoe and Bag Repair Section – refers to the area where only shoe and bag repair services shall be provided. p.22 Tailoring Services Section – refers to the area where only tailoring services shall be provided. p.23 Vegetable Section – refers to the area where only all kinds of vegetables including onion, garlic, young corn, mongo, calamansi and the like, root crops such as camote, gabi and the like shall be sold. Coconut is not included in this section. q) Market Stall – refers to any allotted stand, space, compartment, store or any place wherein merchandise is sold, offered for sale or intended for such purposes in the public market. r) Market Stall Fee – refers to the rental fee collected by the market collector duly assigned by the Municipal Treasurer for using the TBCC market stalls. s) Market Vendor – refers to any person engaged in business at any public market/business center in the Municipality of Tubod, Lanao del Norte. t) Merchandise Unloading Zone – refers to the designated area within the TBCC premises where vegetables, meats, fruits, goods, merchandise and other wares are unloaded for the purpose of being sold, stored or otherwise kept for the time being. u) Physical Structure – refers to the walls, wall partitions, floorings, roll-up, lock and keys of the stalls. v) Stall Lessee (Stallholder) – refers to the awardee of the of the lease contract to occupy a market stall or space, with or without booth, inside the public market/business center building.

Chapter VI SUPERVISION AND CONTROL TITLE I. Coverage and Statement of Policy Section 1. Coverage. This Chapter shall cover the operation and management of the Tubod Business Community Center (TBCC) situated at Barangay San Antonio, Tubod, Lanao del Norte.

Section 2. Policy Statement. It is the policy of the Municipal Government of Tubod, Lanao del Norte to be self-reliant, and self-sustaining through engaging in a viable and stable economic enterprise that provide a wide range of opportunities that will uplift the socio-economic well being of its constituents, improve fiscal management and enhance good governance. No person or corporation other than the Local Government Unit of Tubod shall establish and maintain public markets of any kind within the limits of the municipality.

Public markets shall be those designated by the Sangguniang Bayan, which shall be under the immediate control, supervision and administration of the Municipal Mayor or any other office such functions shall be specifically assigned into by the Sangguniang Bayan, and their form and extension shall be shown on the maps on file in the Office of the Municipal Engineer, or as may hereinafter be adopted by the Sangguniang Bayan and shall be subject to the provisions of this Ordinance.

Section 3. Administrative Provision. All stallholders/vendors and other business operators doing business/operating within the TBCC are required to secure the necessary permit and license before the actual business/operation pursuant to the Local Tax Code of the Municipality of Tubod, Lanao del Norte.

TITLE II. Management Structure Section 1. TUBOD BUSINESS COMMUNITY CENTER (TBCC) MANAGEMENT COMMITTEE. There shall be hereby constituted the Tubod Business Community Center Management Committee who is on top of the TBCC Management Office organizational structure with the following composition, functions, and schedule of meetings.

Chairman Vice Chairman Members

: : :

Municipal Mayor Local Finance Committee Chairman Chairman, SB Committee on Market Chairman, SB Committee on Ways and Means Chairman, SB Committee on Appropriations Municipal Planning and Dev’t Coordinator Municipal Treasurer Municipal Budget Officer Municipal Accountant Municipal Assessor Municipal Health Officer Municipal Engineer Municipal Agriculture Officer Market Administrator/Supervisor TBCC Vendors Representative The TBCC Management Committee, however, shall cease to exist once the Municipal Economic Enterprises Management Board is created by virtue of an Ordinance.

Section 2. Functions of the Management Committee. The Management Committee shall formulate policies, guidelines, rules and procedures in the overall administration of the Tubod Business Community Center (TBCC) and recommend necessary funding for its operations consistent with the policy and provisions of this Code. Specifically, it shall: a. Develop plans, programs and strategies beneficial to the Municipality and making the Tubod Business Community Center more viable, productive and stable; b. Serve as the advisory body of the Municipal Mayor and the Sangguniang Bayan on matters affecting the overall management of TBCC; c. Set additional requirements for applicants who are interested to lease the vacant stalls/ spaces, if necessary; d. Device mechanisms to conduct public raffle in the awarding of vacant stalls/spaces and shall certify to the Sangguniang Bayan the result thereof; e. Award stalls/spaces by authorizing the Municipal Mayor to sign the lease contract to applicants as prescribed by this code; f. Conduct pre-qualification of the applications for stall applicants. In case where deliberation of the Management Committee resulted in a tie vote, the chairman shall break the tie; g. May propose adjustment and/or increase of any fees and rentals and amendment to this Code to the Sangguniang Bayan for a justifiable and reasonable cause; and h. Perform such other functions as may be authorized by the Sangguniang Bayan necessary in the effective and efficient management of the enterprise.

Section 3. Meetings. The TBCC Management Committee shall meet within one (1) week after the approval of this Code and, thereafter, every second Tuesday of the month or as often it may be necessary. The board may reduce the number of scheduled meetings as the operations of the Tubod Business Community Center become stable, or as the Management Committee may deem necessary.

The Chairman of the Management Committee may call for a special meeting anytime should there be an important/urgent matter(s) that need the attention and decision of the members of the Committee. Any member or members may as concurred/supported by the majority members may propose for a special meeting on the reason as mentioned above.

In case of a justifiable reason, a member may send his/her authorized representative preferably next-in-rank in position. Said representative may participate in the discussion but with no voting rights.

Section 4. Tubod Business Community Center (TBCC) Management Office. A TBCC Management Office shall be created who shall be under the direct supervision and control of the TBCC Management Committee and shall supervise the overall operations of the Tubod Business Community Center. The Office shall be headed by the Market Supervisor (organic) who has the following duties and responsibilities: a. Assists the TBCC Management Committee in the formulation of plans and programs relative to target collection and the operation of the public market; b. Directly manages the operation of the public market and shall therefore enforce the implementation of market rules and regulations as prescribed in the ordinance and/or set forth by the Management Committee; c. Ensures that all fees are properly effected, collected and recorded; d. Supervises the conduct of inspection of market stalls; e. Supervises the maintenance of peace and order in the market premises; f. Supervises the maintenance of cleanliness and sanitation in the market premises; g. Acts as technical secretariat to the Management Committee, when designated; h. Overseas and monitors the duties and functions that may be assigned to casual/contractual complementary staff of every section; i. Assists the Management Committee in the conduct of periodic performance evaluation of the section staff and submission of reports thereof; and j. Performs other related duties and functions as may be assigned from time to time.

Section 5. Composition of TBCC Management Office. The Tubod Business Community Center Management Office shall have the following Plantilla Positions with corresponding salary grades of personnel and sections. a. Administrative Section. Responsible on matters pertaining to personnel, disbursements, controlling, and recording of the enterprise. Plantilla Positions of personnel under this division are as follows: 1 – Administrative Officer V 1- Administrative Aide III/Driver I 1- Administrative Aide I/Utility Worker b. Finance Section. Responsible on matters pertaining to the Revenue Collection and Collectors of the public market, including the controlling and recording. Plantilla Positions of personnel under this division are as follows: 1 – Revenue Collection Officer I 1 – Cashier 1 - Bookkeeper 3- Revenue Collection Clerk III SG-9 (Organic) c. Maintenance and Repair Section. Responsible on matters pertaining to maintenance and repair of Tubod Business and Community Center facilities, such as but not limited to electrical, plumbing, structural and other civil and architectural works of the Enterprise. Plantilla Positions of personnel under this division are as follows: 1 – Labor General Foreman 1 – Electrician 1 – Carpenter 1 – Plumber 3 – Utility Workers (organic) d. Security and Enforcement Section. Responsible on matters relative to the public market policy enforcement and the security of public market facilities. Plantilla Positions of personnel under this division are as follows: 1 – Security Officer 2 – TBCC Security Guard e. Operations and Services Section. Responsible on matters relative to the operations and management of the public market. Plantilla Positions with corresponding salary grades of personnel under this division are as follows: 1 – Market Supervisor II SG-14 (organic) 2 – Market Inspector I CHAPTER VI - A TITLE II-A – ADMINISTRATION OF THE TBCC SECTION 1.A. ADMINISTRATION. Pending creation of TBCC Office its administration shall be under the Municipal Mayor or such other office which functions shall be specifically created and assigned by the Sangguniang Bayan. a) The Municipal Mayor shall exercise full direction, supervision and control of the public market including such matters pertaining to cleanliness, sanitation; the standardization, classification and/ or grouping or re-grouping of merchandise to be sold in stalls and direction, control and supervision over the Market Supervisor and all other subordinate market personnel. He is also authorized to promulgate such further rules and regulations consistent with the policies laid down in this ordinance.

Provided, however, that in matters pertaining to the cleaning and sanitation of stalls and market premises, the Municipal Mayor shall enlist the help and cooperation of the Municipal Health Department. b) Collection of stall fees, licenses and other fees. All activities incidental to the collection of stall fees, regular or special; the collection of licenses, taxes, and dues from persons or entities doing business in the market; and all accounting work incident to market collections are hereby vested in the Municipal Treasurer; provided, that all market personnel who are engaged wholly or partially in the collection of fees, license and etc., in the new market shall be under the direct administrative control and supervision of the Municipal Treasurer to whom they shall directly be responsible for the diligent performance of their duties in accordance hereof; provided, further, that in the performance of their regular duties the Market Supervisor and all other personnel assigned thereat, shall promptly report to the authorities concerned, all anomalies, irregularities, violations of ordinances and market rules and regulations, or neglect of responsibilities, that may come to their attention in connection with the performance of their assigned duties.

SECTION 2.A. THE MARKET SUPERVISOR. 1) There shall be a Market Supervisor who, under the direction of the Municipal Mayor, is vested with the following powers:

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a. He shall have full control of the administrative direction of all public markets in the municipality; b. He shall detail for duty in the public market of the municipality such as market personnel as may be necessary to carry out the functions incumbent upon him; c. He shall have police powers to summarily enforce provisions of this ordinance and all other ordinances, resolutions, rules and regulations governing the operation of the public markets; d. He can compel and/or order market personnel and all persons having dealing with the municipal markets to obey his directions in all matters pertaining and relating to markets.

2) Duties and Functions. The Market Supervisor shall have the following duties and responsibilities, to wit: a. He shall be the custodian of all property belonging to the municipal market. b. He shall have supervision and control over all subordinate market employees. c. He shall over see and coordinate the faithful and strict compliance of their respective duties by all officials and employees of the different departments of the Municipal Government assigned to duty in the public markets. d. He shall supervise the smooth operation of the public market as well as the proper discharge of the duties and functions of all subordinate market personnel. e. He shall conduct regular inspections of market stalls to ensure strict implementation of the provisions of this ordinance.

SECTION 3.A. DUTIES AND FUNCTIONS COMMON TO ALL MARKET PERSONNEL. 1) Market personnel shall ensure that the stall holders are provided with corresponding official receipts, regular or special tickets for the payment of the stalls occupied by them on any particular day, and to ensure further that occupants regularly pay their rents due for use and occupancy thereof.

2) They shall report to the Market Supervisor or any other responsible market officials for failure or refusal of any stallholder to pay the space or stall rental and/or any other fees, for proper action.

3) All market personnel while in the performance of their duties shall wear uniforms, and identification tags or nameplates, as authorized and prescribed by the Office of the Municipal Mayor to serve as identification of market personnel and as a symbol of authority vested in them. a. Any person not falling under this provision who shall wear the prescribed uniform and/ or identification tags or nameplates, or shall perform in any manner the functions of the market personnel or shall pretend or represent himself as authorized to perform such functions, shall be penalized and subjected to the prescribed penalties in Article IV of this ordinance without prejudice to his prosecution under the Revised Penal Code. b. Any market personnel who knowingly allows, tolerates or permits any unauthorized person/s to perform the functions or to wear the prescribed uniform, identification tags or nameplates, shall be subject to the penalties imposed in Article IV of this Ordinance and/or imposed under civil service rules and regulations.

SECTION 4.A. POSTING OF RULES AND REGULATIONS. The Market Supervisor shall cause the posting in the bulletin boards in the public market, in English, Pilipino or any prevailing dialect, the rules and regulations relative to the sanitation and good order in the public markets; the manner of leasing stalls, therein, privileges of stall holders, and other regulations as the Sangguniang Bayan may deem necessary. The Market Supervisor shall inform or furnish stallholders copies in English, Pilipino or any prevailing dialect, of the rules and regulations pertaining to the efficient operation of the public market as may hereinafter be promulgated by authorities concerned.

SECTION 5.A. BULLETIN BOARD. A bulletin board shall be placed and maintained in or near the Office of the Market Supervisor for purposes of posting orders, circulars, notices, etc., and in any conspicuous location in the public market.

SECTION 6.A. SECURITY OUTPOST. There shall be provided security outposts in all entrance and exit points of the market, and in any other location/s recommended by the Municipal Mayor which shall be manned twenty-four (24) hours daily.

Chapter VII TITLE I. Classification of Sections Section 1. Market Section. The vendors shall be grouped and classified in accordance with the goods, wares or merchandise sold as follows: a. Wet Section a.1 Fish Section a.2 Meat Section a.3 Dressed Chicken Section a.4 Vegetable Section a.5 Grinding Section b. Dry Section b.1 Plastic/ Glassware Section b.2 Footwear Section b.3 Native Products Section b.4 RTW and Textile Section b.5 Novelty /School Supplies Section b.6 Grocery Section b.7 Feeds Section b.8 Grains Section c. Services Section c.1 Parlor Section c.2 Restaurant Section c.3 Shoe and Bag Repair Section c.4 Tailoring Services Section c.5 Cold Storage Services Section d. Hawker’s Section d.1 Dried Fish Section d.2 Fruit Section d.3 Flowers, Plants and Garden Shop Section e. Construction Section e.1 Hardware and Electrical Supplies e.2 Electronics and Appliance Section Section 2. Entertainment Section Section 3. Terminal Section Section 4. Cultural and/or Halal Section. There shall be established a section in the TBCC for Cultural and/or Halal Section for cultural/halal products.

Section 5. Ground Exterior Stalls The types of business and/or services which are allowed to operate specifically on the ground exterior stalls of the newly constructed perimeter building shall be the following: 1. Offices a) Hardware but no cement b) Drugstore/Medical supplies/Herbal supplement c) Pawnshops/Money changer d) Auto/Motor spare parts, accessories and bicycle parts e) Electronics and Electrical supplies f) Jewelries and watches g) School/Office Supplies h) Books/Newspapers/Magazines i) Lending Shops/Savings Bank j) Glass and Aluminum k) Lotto Outlets l) Medical/Optical/Dental/Veterinary Clinics m) Ceramic Products n) Internet Café o) Tailoring/Dress Shops p) Laundry Shop q) Beauty Parlor & SPA/Beauty Cosmetics Products (excluding Barber shop) r) Souvenir items s) Agricultural & Veterinary Supply t) Pet Shop u) Water Refilling Stations v) Sports Supplies w) Freight Forwarders x) Furnitures SECTION 6. MARKET HOURS. The Tubod Business Community Center shall be opened for the sale of articles or merchandise permitted for sale therein from four o’clock (3:00A.M.) in the morning until eight thirty (9:00 P.M.) in the evening every day during the year, Provided, that on the twenty-fourth (24th) and thirty-first (31st) day of December of every year, the public market shall be opened from four o’clock (3:00 AM) in the morning until eleven o’clock (11:00PM) in the evening.

Except the Bus Terminal, Entertainment Section and to include those in the exterior ground stalls which shall have no time limit of their business hours.

SECTION 7. OPENING AND CLOSING OF THE MARKETS. The Tubod Business Community Center shall be provided with electric buzzers to announce the opening and closing of the market for business, with short intermittent buzzer before the time fixed for such opening and closing. a) BEFORE OPENING. At the sound of the buzzer thirty (30) minutes before the time fixed for opening the market, only stallholders and their helpers shall be allowed to enter and go to their stalls in preparation for business at the opening of the market. b) BEFORE OPENING . At the sound of the buzzer thirty (30) minutes before the time fixed for closing the market, only stallholders and their helpers shall, as the case may be, arrange and store their merchandise at a convenient place at their stalls and padlock or at their option may remove the same from such stalls. All gates except the main exit gate shall be closed and the marketers shall leave the market premises. At the fixed time for closing, the electric buzzer shall again be made to sound and the main exit gate shall be closed. c) RINGING THIRTY (30) MINUTES AFTER CLOSING. Thirty (30) minutes after closing, the buzzer shall again be resounded and the main exit gate shall be opened for a period of fifteen (15) minutes for the purpose of allowing the stallholders and their helpers to leave the market.

No person except the night watchmen, market guards or market personnel rendering service during the specified time shall be allowed to stay within the market compound after the final bell shall have been rung.

Particulars

Cash Ticket Table Size = 1.0mx1.5m Time of Display: -Monday to Saturday (4:00AM – 7:00PM -Sunday (Whole Day)

Rent (in Pesos) 1,000/mo. /stall 1,000/mo. /stall 1,000/mo. /stall 3,000/mo. /bt 3,000/mo. /bt 3,000/mo. /bt 3,000/mo. /bt 3,000/mo. /bt 3,000/mo. /bt 3,000/mo. /bt 3,000/mo. /bt 3,000/mo. /bt 3,000/mo. /bt 3,000/mo. /bt 3,000/mo. /bt 3,000/mo. /bt 1,000/mo. /stall

a. Meat/Poultry b. Fish/Marine Products c. Vegetables d. Grinding Section e. RTW and Textile f. Glassware g. Footwear h. Native i. Grocery j. Grains k. Parlor l. Novelty m. School/Office Supplies n. Shoe/Bag Repair o. Tailoring p. Restaurant q. Feeds

TITLE V. The TBCC Livestock Center

Section 2. Entertainment Section. Entertainment booths/rooms are as follows: Particulars Rent (in Pesos) Entertainment booth 7,000/mo.

Section 3. Terminal Section. a. A Terminal Fee, Sanitation Service Fee (SSF) shall be collected from all public utility vehicles soliciting passengers at the TBCC, as follows: Type of Vehicle Fees SSF (in Pesos) (in Pesos) Bus 20.00/trip 2.00/trip Van 10.00/trip 2.00/trip Jeepney 10.00/trip 2.00/trip Motorcab 6.00/day 2.00/day b. A Parking Fee, Sanitation Service Fee (SSF) shall be collected from all public utility vehicles parking within the designated areas of TBCC, as follows: Type of Vehicle

Fees (in Pesos) 15.00/parking 10.00/parking 5.00/parking

Truck/Delivery Van Delivery Jeepney Delivery Motorcab

SSF (in Pesos) 2.00/parking 2.00/parking 1.00/parking

Section 1. Policy. There shall be one designated area in the TBCC for any livestock or poultry products intended for sale within the livestock center or which is intended for resale later to other markets outside Barangay San Antonio.

Section 2. Animal Inspection and Weighing. Any livestock or poultry products for sale within the TBCC Livestock Center must first undergo inspection by the livestock inspector for grading and checking of the required papers. A certificate of ownership (credential) shall be required from any dealer of large cattle. In cases where there are no ownership credentials presented, a certificate of ownership from the Punong Barangay from the point of origin of the animal shall be presented with an attached government accountable form (AF-51) showing proof of payment of said certification fee. After inspection, animals are then weighed at the TBCC Livestock Center weighing scale after which necessary fees are paid to the TBCC Revenue Collectors.

Section 3. Imposition of Livestock and Poultry Product Fees. The Inspection Fee, Weighing Fee, are as follows: Particulars Hog Goat/Sheep Poultry

Fees (in Pesos) 20.00/sqm/day 500.00/mo

Stalls Magazine Display Stand

Particulars

Weighing Fee (in Pesos) 15.00/head 10.00/head 1.00/head

Fees (in Pesos) 30.00/day 25.00/day 15.00/day

Hog(Dimension – 2.0mx5.0m) Goat(Dimension – 2.0mx2.5m) Poultry(Dimension – 2.mx1.0m)

Section 5. Prohibition Clause. Display of Livestock and poultry products outside the TBCC Livestock Auction Center is strictly prohibited TITLE VI. Special Market Days Section 1. Policy. There shall be declared special market days during Saturdays and Sundays of every week conducted within the designated areas of TBCC. Section 2. Imposition of Fees. A Rental Fee shall be imposed, as follows: Particulars

Rental Fee (in Pesos) 60.00/table/day 5.00/sqm/day

Stalls Open Space

e. An Advertisement/Signage Fee shall collected from designated spaces used for advertisements at the TBCC Terminal Section, as follows: Space Rental

Inspection Fee (in Pesos) 15.00/head 10.00/head 2.00/head

Section 4. Imposition of Corral Pen Fees. The Rental are as follows:

d. A Rental Fee shall be collected from all spaces used for business at the TBCC Terminal Section, as follows: Space Rental

15.00/table 30.00/table

TITLE VII. The Use of the TBCC Park Section 1. Imposition of Fees. A Fee, shall be imposed for using the TBCC Park facility, as follows:

Fees (in Pesos)

Advertisement/Signage Ground Exterior Stall 20.00/sqm/mo Note: Excluding other fees subject for guidelines.

Particulars

Section 4. Transfer Permit Fee. A Transfer Permit Fee (TPF), shall be imposed on all fish and other aquatic products brought in and are intended for resale outside of Barangay San Antonio, Tubod, Lanao del Norte., as follows:

Fees (in Pesos)

Rental: -With audio & lighting system -With audio only -Space only

1,500.00/day 1,000.00/day 500.00/day

TITLE VIII. The Night Market at the TBCC Particulars 100 kg and below 101 kg but less than 1,000 kg 1,001 kg and above

TPF (in Pesos) 10.00 15.00 35.00

Section 1. Policy. There shall be declared a night market every Friday night and Saturday night at the designated areas of TBCC where goods, merchandise, foodstuffs, commodities, or articles of commerce may be sold and dispense to the general public from 6:00 PM to 3:00 AM. Section 2. Goods not allowed in the night market. The following are not allowed at the night market:

Section 5. Packing Area and Service Charges. Packing area shall be designated within the vicinity of the Fish Landing of the TBCC where inspection of fish, verification of packing procedures and collection of fees are made. For this purpose a service charge of Five Pesos (P5.00) per 30-kg banera will be collected.

Section 6. Penal Provision. Any person found selling fish and other aquatic food products unfit for human consumption shall be fined as follows: Offense

Fine (in Pesos) 1,000.00 2,000.00 2,500.00 plus prohibition from engaging business buying and selling fish and other aquatic products in the Municipality of Tubod, Lanao del Norte and revocation of his/her business permit and/or business clearance issued by Barangay San Antonio

1st Offense 2nd Offense 3rd Offense

Section 7. Payment of Cash Tickets/Arkabala. The payment of cash tickets or ARKABALA shall be done daily which will be collected by authorized Revenue Collections and shall be remitted to the TBCC Cashier. The TBCC Cashier shall deposit such collection daily to the official municipal depository bank.

Section 8. Market Entrance Fee. A Market Entrance Fee shall be imposed on all transient wholesale vendors of any commodity or merchandise being brought into the business center for business for sale, as follows: Particulars

Fees (in Pesos)

Rice, Corn, Sugar, Flour or similar commodities Fruits and Vegetables Dressed Chicken and other Frozen Products Fresh Eggs Dried and Salted Fish Mongo, Beans and Ginger placed in sack Fish and Other Aquatic Products Meat and Other By-products Promotional Sales/Product Demonstration

Section 3. Imposition of Fees. A Cash Ticket, shall be collected, as follows: Particulars

Fees (in Pesos)

Food Cart: -Grilled Chicken/Pork/Fish -Carenderia -Others With Dining Table -4-seaters and less -5-seaters and more

50.00/night 50.00/night 25.00/night 10.00/table 20.00/table

Section 4: GOODWILL FEE- A goodwill fee of Twenty Thousand (P20,000) shall be paid by the legitimate stallholders and Thirty Thousand (P30,000) per stall by new applicant upon awarding of the stall. The Goodwill fee shall be imposed only upon opening of the Tubod Business and Community Center. Good-will fee is non- refundable.

Section 5: TRANSFER FEE: There shall be imposed a Transfer Fee in the amount of One Thousand Five Hundred Pesos (Php 1,500) to be paid by the existing original occupant if and when an early termination occurs by his/her voluntary transfer to any qualified transferee intending to make business, in the Tubod Business and Community Center and a qualified successor will take over the said stall, booth/Space.

TITILE I: AWARDING OF STALLS Section 1. Manner of Awarding Stalls. The awarding of the stalls in the TBCC shall be governed on the following manner: 2.00/sack 0.30/kg 0.30/kg 300.00/day

Particulars

Fees (in Pesos) Clearance for Renewal of Business Permit 200.00 Certification 100.00

0.50/sack 0.05/kg 0.05/kg 100.00/day

ESPF (in Pesos) 20.00 10.00

TITLE III. The TBCC Vegetable Dropping Zone (BAGSAKAN) Section 1. Policy. There shall be one designated area in the TBCC which shall be the dropping zone or “bagsakan” of all vegetables, fruits, spices, and other related products intended for sale within the business center or which is intended for resale later to other markets outside of Barangay San Antonio.

Only licensed vegetable dealers, licensed fruit dealers or licensed wholesalers of fruits and vegetables can transact business at the “bagsakan” area, however legitimate farmer-producers can directly sell their products at the “bagsakan” after payment of the corresponding market fees, as provided under this Code.

Section 2. “Bagsakan” Rental Rates. The Rental Fee shall be collected from the “Bagsakan” Area, as follows:

For every 50 kg Storage Fee Parking Fee - Elf and jeepney - Forward and Truck

Livestock Heavy and Bulky Hardware Pungent and odorous goods offensive to the smell

Chapter IX

Section 9. Imposition of Fees. A Fee and Educational Support Program Fee (ESPF) shall be imposed for the following documents.

Particulars

a. b. c.

Fees (in Pesos) 1.00 1.25/sack or bukag or box 50.00/unit 100.00/unit

TITLE IV. Vegetable and Fruits “Laray” Section Section 1. Payment of Cash Tickets/Arkabala. The payment of Cash Tickets or Arkabala shall be done daily which will be collected by authorized Revenue Collectors and shall be remitted to the TBCC Cashier. The TBCC Cashier shall deposit such collection daily to the official municipal depository bank.

a. All open spaces for rent within the Tubod Business Community Center (TBCC) premises are open to all applicants subject to the authorization and ratification of the Sangguniang Bayan upon the recommendations of the TBCC Management Committee and with the approval of the Municipal Mayor, provided, that first priority shall be given to accommodate legitimate stallholders in the application and awarding of stall rights. Applicants shall be Filipino citizens and residents of the Municipality of Tubod, Lanao del Norte. b. The ambulant and transient vendors based on the records of the Tubod Public Market Office and in the Municipal Treasurer’s Office shall be given second preference in the adjudication of stalls in the TBCC. c. If on the last day set for filing applications, there is still no resident applicant, the stall affected may be leased to any non-resident applicant who filed his/her application first. If there are several applicants, the adjudication of the stalls shall be made through the drawing of lots/raffles to be conducted by the TBCC Management Committee on the date and hour specified in the Notice of Vacancy. The result of the drawing of lots/raffles shall be reported immediately by the TBCC Management Committee to the Sangguniang Bayan for their information. d. The stallholder/vendor shall be assigned a stall according to the nature of the merchandise/ line of business he/she intends to sell/do. e. A stallholder/vendor shall not be allowed to occupy a stall/space other than those leased to him/her, and it shall be the duty of the TBCC Management Office to see to it that the stallholder does not occupy other stalls/spaces. f. No person shall be allowed to lease more than one (1) stall. No stallholder shall be allowed to occupy stall other than that leased to him/her. It shall be a violation of this section for more than one member of a family consisting of the father, mother, sons and daughters to hold stalls in one market unless these sons and daughters are living separately from their parents. g. In case of a couple having two or more legitimate stalls, they shall be allowed to retain only one of those stalls and register the same in the name of either the husband or the wife, while the rest shall be waived to their nearest kin (up to the 4th civil degree). h. The awarding of vacant stalls/spaces in the TBCC shall be done through public raffle to be administered by the Management Committee, if there are more than one applicants applying. In the case of one applicant, the Management Committee will award the same provided such applicant meets the requirements set by this Code or by the Management Committee.

Section 2. Adjudication of Vacant Stalls to Applicants. Vacant stalls shall be leased to applicants in the following manner: a. Notice of vacancy at the stalls or booths shall be posted in the bulletin boards of the Municipal Hall and the TBCC Management Office for a period of not less than ten (10) days prior to the

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of stay in his or her stall, and provided, finally, that the maximum period of leave that may be granted to a stallholders, shall not exceed four (4) months. During the stallholder’s absence, as provided for in the section, one of his or her helpers duly registered for in this Section shall be authorized to continue the business.

date of the actual award to qualified applicants to appraise the public of the fact that such stalls or booths are vacant and available for lease. The notice of vacancy shall be written on a cardboard, thick paper or any suitable material. b. The Notice of Vacancy to be posted or published shall be written in the following form:

b) Failure of a stallholders to return to and resume business at his stall after the expiration of the leave granted shall be deemed sufficient cause for the cancellation of the leave, unless decided by the TBCC Management Committee.

Ordinance...

NOTICE Notice is hereby given that stall, room, space, booth No. __, Building No. __ of the __________ Section of Tubod Business Community Center is vacant (or will be vacant) on ___________. Any person duly qualified and desiring to lease this stall, room, space or booth shall file an application therefore on the prescribed form (copies may be obtained from the TBCC Management Office during office hours on __________, _____, after which time no more applications shall be issued. The award of the lease of the vacant stall, room, space or booth shall be determined through raffle to be conducted on __________, _____ o’clock AM/PM at _________________________. c. Interested applicants shall file their applications to the Market Supervisor who in turn shall issue an order of payment for application fee to be presented to the Municipal Treasurer’s Office, in the amount of One Thousand Pesos (P1,000.00), non-refundable from the Municipal Government of Tubod, Lanao del Norte. d. The application shall be made under oath. It shall be submitted to the TBCC Management Office by the applicant either in person or through his/her authorized representative. e. It shall be the duty of the Market Supervisor to keep a Registry Book showing the names and addresses of all applicants for vacant space or spaces, the number and description of the stall/ space applied for by them, and the date and hour of receipt of each application. It shall also be the duty of the Market Supervisor to acknowledge receipt of the application setting forth therein the time and date of receipt thereof. f. Aside from the duly accomplished application form, interested applicants shall also submit the following documents, namely: f.1 Community Tax Certificate f.2 Health Certificate f.3 Barangay Clearance f.4 Voter’s Affidavit f.5 Police Clearance f.6 Copy of Official Receipt of Payment of Application Fee f.7 Other requirements that may be imposed by the TBCC Management Committee g. The successful applicant shall furnish the TBCC Management Committee two (2) copies of his/her recent picture immediately after the award of the lease. It shall be the duty of the Market Supervisor to affix one (1) copy of the picture to the application and other copy to the record card kept for the purpose. h. The format of the Application to Lease Market Stall shall be written as follows: APPLICATION TO LEASE MARKET STALL ________________ Address Date The Municipal Mayor Tubod, Lanao del Norte

Chapter XII

Should the above-mentioned stall, room, booth or space be leased to me in accordance with the market rules and regulations, I promise to hold under the following conditions: a) That while I am occupying or leasing this stall, room, booth or space, I shall at all times have my picture and that of my helper (or helpers) conveniently framed and hanged up conspicuously in the stall, room, booth or space.; b) I shall keep the stall, room, booth or space at all times in good sanitary condition and comply strictly with all pertinent market laws, code, ordinances, rules and regulations now existing or which may hereafter be promulgated’ c) I shall pay the corresponding rents for the stall, room, booth or space, in the manner prescribed by existing ordinance/code; d) I shall not sell nor transfer my privilege to the stall, room, booth or space, or otherwise sublease or permit another person to conduct business thereon; e) Any violation on my part or on the part of my helpers of the foregoing conditions shall be sufficient cause for the Municipal Mayor/TBCC Management Committee to cancel my lease contract; and f) I further certify that I have read and understood the provisions set forth in this application form and all the hereto attached and submitted other required documents and papers are correct, authentic and/or based on official records.

Very truly yours, ________________ Applicant SUBSCRIBED AND SWORN to before me this ____ day of ___________, ________, at Tubod, Lanao del Norte, Philippines, affiant applicant exhibiting to me his/her Community Tax Certficate No. ________, issued on _________ at Tubod, Lanao del Norte, Philippines. ________________ Administering Officer Doc. No. ________; Page No.________; Book No.________; Series of________; SECTION 3. DURATION OF LEASE OF STALLS. The regular lease of market stalls or booths, shall be a period of one (1) year and shall be renewable every year thereafter unless the Municipal Mayor revokes the permit, cancels the lease, or any reasonable or just cause, or for any violation of the provision of this Ordinance or any other ordinances, or any rules and regulations relating to the administration of the public market and the corresponding guarantee deposit be forfeited.

SECTION 4. DEATH OF LESSEE. Upon the death of the lawful holder of any stall of the Tubod Business Community Center, the legal spouse or the legal heirs who are qualified are allowed to continue to occupy said stall upon payment of the corresponding fees and execution of a new lease contract.

SECTION 5. PERSONAL ADMINISTRATION/MANAGEMENT OF STALLS AND EMPLOYMENT OF HELPERS. Any person leasing or hereafter lease stalls in the public markets in accordance with the provisions of this Ordinance shall occupy, administer and be present personally at his stall or booths, provided, that upon application filed with the Office of the Market Supervisor duly approved by the Municipal Mayor, the stallholders leasing stalls under this Ordinance shall be authorized to employ stall helpers who must be citizens of the Philippines, provided, however, that the spouses, the parents and children of the stallholders who are not actually living with him/her and who are not disqualified under this ordinance, may be registered as helpers without the necessity of the application herein prescribed, provide, further, that the persons recommended for appointment as helpers shall under no circumstances be persons with whom the stallholders requesting the appointment, have any partnership or commercial relation or transaction, resolved, finally, that the appointment of stall helpers shall not relieve the stallholders of the duty to personally administer the business and of being personally present at his stall or booth everyday.

SECTION 6. VACATION LEAVE AND SICK LEAVE OF STALLHOLDERS. a) Absence for short duration not exceeding seven (7) days may be allowed to a stallholder, provided, that an advance notice of the intention to be absent be given to the Municipal Treasurer or the Market Supervisor in writing, stating therein the reasons for such absence, provide, further, that an absence of thirty (30) consecutive days shall constitute prima facie evidence that the stallholder may have leased the stall to another person, or has violated Section 17, Article III hereof, and shall be sufficient cause for the cancellation of the lease contract, provided, further, that where such stallholder continues to be absent from his stall or booth for a period of more than seven (7) days, he or she shall submit to the Market Supervisor a supplemental notice thereof, accompanied by a medical certificate under oath, in case of illness, or evidences supporting said application, which the Market Supervisor shall forward such application to the Municipal Treasurer, provided, however, that the period to leave of absence a stallholder may enjoy not exceeding one (1) month for every year

TITLE I: MAINTENANCE OF TUBOD BUSINESS COMMUNITY CENTER Section I: Maintenance of Public Markets

SECTION 7. LIMITATION FOR THE LEASE OF MARKET STALLS. No person, natural or juridical, shall be allowed to lease more than one (1) stall in any section of the public market except for the fresh fish and meat sections wherein an applicant/awardee may be allowed to lease a maximum of two (2) stalls, the one family, one stall policy shall apply to all other stalls in the public market. It shall be a violation of this section for more than one member of a family consisting of a father, mother, sons and/or daughters to hold more than one family leasing a stall or applying for lease are already married with families of their own support, or when these sons or daughters are already living by themselves and independently of their father and/or mother, provided, that any person, after proper investigation, found to have violated the above provisions, shall be ordered or required to immediately vacate the stall or booth, illegally occupied, and his/her guarantee deposit will be forfeited.

SECTION 8. DUMMIES, SUB-LEASING OR SALE OF STALLS. Dummies, sub-leasing and sale of stalls in the public market shall be considered criminal acts. The person/s who put-up the dummy and the dummy himself, the sub-lessor and the sub-lease, and/or sellers and buyers of any stall in the public market shall be held criminally liable.

Acquisition of stalls in the public market by any applicant shall be under the direct supervision and control of the Market Administrator/Supervisor and shall be qualified only under proper processes or provided in this ordinance.

Where the person, natural or juridical, whose name appears in the official register as stallholder in the public market, is not in reality the same person who is actually and personally occupying the subject stall or booth, the lease contract, business permit and all other documents relative to the business operation shall be deemed cancelled or voided. The lease contract and business permit shall likewise be cancelled and revoked should, upon verification, the person appearing in the official register be positively identified as a dummy and subsequently the forfeiture of his/her guarantee deposit.

Chapter X TITLE I: WEIGHTS AND MEASURES Section 1: There shall be weight and measure fees herein below mentioned as follows: Fees for selling of weights measure With capacity of not more than 30kgs With capacity of more than 30kgs but not more than 300kgs With capacity of more than 300kgs but not more than 300kgs With capacity of more than 300kgs

New Rate P200.00 250.00 300.00 500.00

Section 2: SPECIFIC REGULATIONS. 1. The use of under weighed scales or the placing of any metal, gadget or concealed materials in a weighing scale, in such a manner as to reflect a greater weight other than the rue weight of any goods or merchandise, is prohibited.

2. All weights, measure and similar devices used by any person engaged in trade and commerce involving goods and other commodities, the value of which is determined by weight or measure, shall be registered with the Municipal Treasurer prior to the use of such devices.

3. All weights, measure and similar devices already registered under the provisions of this Code shall be submitted to the Municipal Treasurer for re-inspection or re-sealing annually.

4. During official inspection by the market inspection, all scales in the stalls, store or establishment, whether actually being used at the time of inspection or not, are required to be exhibited by the owner/vendor to the inspector. Any scale not exhibited, concealed and/or not voluntarily shown but which was discovered during inspection shall be confiscated and destroyed.

Chapter XI TITLE I: RESTRICTIONS ON MARKET STALLS

Sir/Madam: I, ____________________, hereby apply to lease Stall No. ____, of the Tubod Business Community Center. I am _____ Years Old, a citizen of the _______________ and residing at _______________.

to exercise reasonable diligence and care to prevent the loss of any property, public or private, in the public market and for this purpose, shall apprehend and turn over to the police any person/s committing any offense in the public markets.

Section 1: RESTRICTIONS AND PROHIBITIONS. 1. The peddling or display for sale of foodstuff, goods, wares, or any merchandise outside of the market stall be strictly prohibited.

2. Holding of parlor games of any kind and for any purpose shall not be allowed within the market premises.

3. No market stalls or booths shall be utilized for residential and/or boarding/lodging purposes.

4. The sale of liquor, beer, tuba, basi and other intoxicating drinks and /or drinking of the same shall not be allowed within the perimeter of the public market.

5. No deposit of inflammable materials such as petroleum, gasoline, and other combustible items shall not be allowed within the markets and market premises.

6. No person shall be allowed to install, play or operate jukeboxes/ videokes inside the public markets of this municipality.

7. All sections of the public markets shall be allowed to sell or display for sale only items the respective sections are explicitly authorized to sell.

8. The use of firewood, charcoal and/or kerosene stoves for food processing, cooking and heating purposes is strictly prohibited in the public market. Only LPG and electric stoves are allowed for use within the carenderia/cafeteria section.

9. The sale or display for sale of charcoal, firewood and flammable or combustible liquid shall not be allowed within the perimeter of the public markets.

10. No person shall be allowed to operate any form of eateries to include carenderia, refreshment parlor, cafeterias and the like in the ground floor stalls of the market except on the designated areas provided under this code.

11. No person and/ or stallholder shall be allowed to use or utilize any areas which are purportedly market corridors, pedestrian lanes, sidewalks, alleys,road or streets, for the purpose of selling, displaying and/or storing of merchandise and other commodities.

12. No stall shall be utilized as storage room, warehouse or bodega.

13. No Person shall sell, offer for sale, or expose for sale any articles or goods in the public market or use any stall without first having been assigned to a stall in the manner provided herein. i. Stallholders shall not be allowed to occupy stalls or space other than those leased to them, and it shall be the duty of the Market Supervisor and his subordinates to enforce the provisions of this section and all alike provisions of this ordinance. ii. All other stalls and spaces in the market complex shall be utilized in accordance with the prescribed usage and plan.

14. PROHIBITED STRUCTURES INSIDE THE PUBLIC MARKET. No shanty structure in the nature of the independent room or rooms shall be permitted to be constructed in or about the public market, except the buildings authorized for offices or market personnel or other municipal purposes.

Any shanty or structure illegally constructed shall immediately be demolished and/or be demolished at the expense of the owner and with corresponding fine or penalty.

15. MARKET CARRIERS. No person shall engage in the occupation of carrier in the Tubod Business Community Center unless he is first registered as such in the office the Market Supervisor.

Each carrier duly authenticated by the Market Supervisor shall be provided with a registration certificate and an identification card of approved size and design which shall be worn conspicuously at all times while working as carrier. For the issuance of such certificates and identification card, the Municipal Treasurer shall collect such amount necessary to cover the cost thereof. The Market Supervisor with the approval of the Municipal Mayor shall have the power to regulate and fix such number of carriers in the public markets and no person with a record of conviction of any crime against property or person shall be allowed to register as carrier. Any person convicted of any such crime after he registered as carrier. Any person convicted of any such crime after he registered as carrier shall be immediately dropped from the list of carriers kept in the office of the Municipal Treasurer/Market Supervisor and his identification card confiscated, provided, that the occupation of carrier in the Tubod Business Community Center shall be exclusive for citizens of the Philippines, provided, further, that registration of the carriers selected by the Market Supervisor shall be renewable from year to year.

For purpose of this Ordinance, a “carrier” is a person who, for a consideration, hauls, transports, or conveys merchandise, goods, wares, foodstuffs, and other articles, into or out of the public markets, on behalf of the owner/s or of the stallholders or lessees thereof.

16. PEDDLERS, HAWKERS, COURTS (PATIOS) SIDEWALKS, ETC. Peddlers or hawkers shall not be permitted in the public market of the municipality or its surrounding within the radius of 100 meters from its confines. Market Officials, employees and gate guards, and policemen assigned or detailed in the vicinity shall exercise strict vigilance in the implementation thereof and are enjoined to strictly comply with these provisions.

17. LOAFING, LOITERING AND BEGGING. No person having no lawful business in or about the public market shall idly sit, lounge or lie in or about the passageway, nor shall any person beg, solicit alms or contributions in or about the public market of the municipality.

18. MEAT SECTION. All stallholders in the meat section shall be strictly required to install appropriate and conspicuous signs/placards of the kinds of meat he or she is putting up for sale. No meat, therefore, shall be sold or offered for sale, introduced, placed, exposed, stored or kept in the stall without such identifying signs. Mixing both meat and beef shall be prohibited, nor shall not be allowed pork and beef in the manufacture of sausages. Any violation of this provision shall aside from the cancellation of the lease contract and business permit, and forfeiture of the guarantee deposit, be penalized in accordance with the provisions of Article IV of this Ordinance.

19. POLICY ON ABANDONED ARTICLES. All articles abandoned in the public market, in violation of any provision of this Ordinance or any rules and regulations relating to the management of the public market, shall be deemed a nuisance and it shall be the duty of the Market Supervisor, and his subordinates to take custody of the same. In case the article are claimed within twenty-four (24) hours thereafter, they shall be returned to their respective owners upon payment of actual expenses incurred in the safe keeping of same unless the articles have so deteriorated as to constitute hazard to the public health, in which case, they shall be sold at public auction, and the proceeds thereof, disposed of in accordance with the law.

20. LOOSE ANIMALS. No dogs or animals shall be left astray in the public market. The Market Supervisor and his subordinates are hereby empowered to catch any stray animals and to impound them for release to their respective owners or disposed of the same at his discretion.

21. LIABILITY OF STALLHOLDERS LOSSES. The municipal government shall not be held responsible or liable for any loss/s or damages which a stallholder might incur in the public markets by reason of fire, theft, negligence or any other causes, any merchandise or property left in the public markets during the hours the public markets are closed shall be at the risk of the stallholders, provided, however, that it shall be the duty and obligation of the Market Supervisor and his subordinates

1. Cleaning of Market Premises -Provide at least 2 garbage receptacles for every stalls -Establish MRF -LGU/TBCC Market management shall provide 3 receptacles -Assigned utility workers for the entire TBCC area/market premises -Assigned Electrician, Plumber and Carpenter at TBCC 2.

Public Toilets and Washing Facilities Repair and maintenance -Ensure the efficient operation and maintenance of sanitation in the establishment and its premises - comply with the implementing rules and regulations -adequate and clean toilet facilities for male and female customers and personnel shall be provided properly -toilet rooms shall not be open directly into spaces where foods is prepared, stored or served, where such toilet exist, the doors shall be light- fitting and self- closing -adequate hand- washing facilities shall be provided within or adjacent to toilet room -facilities shall include hot and cold running water, single-service paper or cloth towel dispenser or dying device and soap or detergent.

-make periodic inspection to ascertain the maintenance of adequate sanitary conditions of markets and their premises, should be done.

3.

Sanitation The provision of Sanitary Ordinance as adopted by the Municipality of Tubod and all pertinent sanitary orders, rules and regulations issued by the Director of Health or his duly authorized representative in the Municipal Government, and all other sanitary ordinances that may be enacted from time to time by the Sangguniang Bayan, shall apply to the municipal public market It should be the responsibility of the occupants to maintain the cleanliness and sanitation of their premises during the duration and immediately after the closing of market day -occupants are obliged to place their solid waste in disposable container properly kept at the side of the gutter of the road, its top opening tied or sealed to avoid scattering or spillage for convenient collection by garbage trucks.

-liquid waste must be placed in a container and disposal at the drainage canals.

-no solid waste shall be discharged to the drainage canal.

The ground surface shall be properly drained, paved and/or cemented and shall standards stalls and other fixtures shall be constructed in such manner as recommended by the Municipal Engineer or his duly authorized representative as approved by the Sangguniang Bayan 4. Electrical Connections The following policies shall be observed in the public market in the municipality in the use of electrical connections and services.

1) The Municipal Government policies shall be observed in the public market in the municipality in the use of electrical connections and services.

2) All lighting systems in the market alleys and/or passageways, open spaces and along the perimeter fence shall be provided and maintained by the municipal government through the Market Supervisor.

3) Electric meters and lighting materials such as bulbs of fluorescent lamps, electric wire and other electric materials that shall be required by the Office of the Market Supervisor for the individual stalls will be provided by the stallholders including the daily operating and maintenance cost.

4) Calibration fees and other incidental expenses on the electric meter shall be borne by the stallholders.

5) All electrical connections, alterations, repairs and/or maintenance shall be done only by persons authorized by the Market Supervisor.

5. Mechanical and Plumbing All plumbing and mechanical works for the stall shall conform with the following policies to wit: 1) All repairs and/or alterations of the existing connections shall be done only by competent persons authorized by the management.

2) Stallholders shall be required to report immediately to the Office of the Market Supervisor any malfunction/defect of its water system, electrical connection, drainage facilities, lavatories and comfort rooms, and other related problems.

Section 2. Time and manner of payment. a. For stalls. The fee for the rental of market stalls shall be paid to the Municipal Treasurer of his duly authorized representative within the first twenty (20) days of each month. In case of a new lease, the rental due for the month in which the lease starts, shall be paid before the occupancy of the stall. b. For occupancy of market premises. /the fee for the occupancy of market premises shall be paid daily, in advance, before any commodity or merchandise is sold within the market premises. c. For market entrance fee. The market entrance fee shall be collected before the transient vendors are allowed to sell their goods.

Section 3. Issuance of official receipt and cash tickets.

The Municipal Treasurer of his duly authorized representative shall issue an official receipt as evidence of payment of rentals of fixed stalls. a. A cash ticket 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 tickets shall pertain only to the person buying the same and shall be good only for the space of the market premises to which is assigned.

If a vendor dispose of his merchandise by wholesale to another vendor, the later shall purchase new tickets if he sells the same merchandise, even if such sale is done in the same place occupied by the previous vendor. The cash ticket issued shall be torn in half, one to be given to the space occupant or vendor and the other half to be retained by the market collector who shall deliver the same to the Municipal Treasurer for counter-checking against his record of cash tickets issued by him for that day. (To be stamped with date and initial of the collector) Section 4 . Surcharge for the late or non-payment of fees.

The lessee of a stall, who fails to pay the monthly rental fee within the prescribed period, shall pay a surcharge of twenty-five percent (25%) of he total rent due. Failure to pay the rental fee for three (3) consecutive months shall cause automatic cancellation of the contract of lease or stall without prejudice to suing the lessee for the unpaid rents at the expenses of the lessee. Thereafter, the stall shall be declared vacant and will be subjected to the adjudication process.

Any person occupying space in the market premises without first paying the fee imposed in this Articles shall pay three (3) times as much as the regular rate for the space occupied.

CHAPTER XIII Fishery Rentals, Fees and Charges TITLE I. Application of its Provisions Section 1. Provisions.

The provisions of this ordinance shall be enforced in: 1. All the municipal waters, as defined in this ordinance; 2. All fisheries and coastal resources in the municipal waters; 3. All fisheries and coastal activities or business relating to the use, development, conservation and management of the municipal waters and its coastal and fisheries resources; and 4. All people, entries or corporation that use and/or intend to use the coastal and fishery resources of the municipality.

Section 2 . Definition of Terms: As used in this ordinance, the following terms and phrases shall mean as follows: 1. Aquaculture – Fishery operations involving all forms of raising and culturing fish and fishery species in fresh water and brackish water areas.

2. Aquatic/Coastal Pollution – the introduction of substances by human or machine, directly or indirectly, to the coastal environment which result or likely to result in such deleterious effects as to harm living and non-living fishery and coastal resources; pose potential and/or real hazard to human health; hindrance to coastal activities such as fishing and navigation, including dumping/ disposal of waste and other marine litter; discharge of petroleum, and other radioactive, noxious or harmful liquid, gaseous or solid substances, from any water, land or other human-made structures.

Deforestation, unsound agricultural practice such as the use of banned chemicals and excessive use of chemicals, intensive use of artificial fish feed, and wetland conversion, which cause similar hazards and deleterious effects shall also constitute aquatic or coastal pollution.

3. Closed Season – the period during which the taking of specified fishery species by a specified fishing gear is prohibited in all specified area or areas in the municipal waters.

4. Coastal Area/Zone – is a band of dry land and adjacent ocean space (water and submerged land) in which terrestrial processes and uses directly after oceanic processes and uses, and viceversa; its geographical extent may include mangroves swamps, brackish water ponds, nipa swamps, estuarine rivers, sandy beaches and other areas within seaward limit of 200 meters isobaths to include coral reefs, algal flats, sea grass beds and other soft bottom areas.

5. Commercial Fishing – the taking of fishery species by passive or active gear for trade, business or profit beyond subsistence or sports fishing, to be further classified as: Small-Scale Commercial Fishing – fishing with by passive or active gear utilizing vessels of 3.1 gross tons (GT) up to 20 GT; Medium-Scale Commercial Fishing – fishing with passive or active gear utilizing fishing vessels of 20.1 GT up to 150 GT; and Large-Scale Commercial Fishing – fishing with passive or active gear utilizing vishing

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vessel of more than 150 GT. 6. Coral Marine Animal, Anthozoan and cnidarians Coelenterates – consisting of polyps and the rigid skeletal structure they produce.

The living animal with its skeleton and the skeleton alone are both referred to as coral. Included are members of the genus Corallium, characterized by a thorny, horny axis of compact calcareous or horny specious and usually characterized by calcareous skeleton.

7. Coral Reef – geological features built by natural calcification and other deposits from corals and calcareous algae.

8. Department – shall mean Department of Agriculture 9. FARMC – shall mean Fisheries And Aquatic Resources Management Council 10. Fish Cage – any method of culturing fin fish in a fish enclosure which is either stationary or floating made up of netting or screen sewn or fastened together and installed in the water with opening at the surface and held in place by wooden post or various anchors floats.

11. Fish Coral – a stationary well or trap devised and capture fish consisting of rows of bamboo stakes, plastic nets and other materials fenced with split bamboo matting or wire matting with one or more enclosures usually with easy entrance but difficult exit, and with and without leaders to direct the fish to the catching chambers, purse or bags.

12. Fisheries – refers to all activities relating to the act or business of fishing, culturing, preserving, processing, marketing, developing, conserving and managing fishery resources.

13. Fishery License – a document that qualify a person/cooperative/partnership/ corporation to engage in any fishery activities in the municipality waters.

14. Fishers – people directly, or personally, and physically engaged in taking and/or culturing and processing fishery/coastal/marine resources.

15. Fishers Organization – an accredited organized group, association, federation, alliance of institution of fishers which, has at least 15 members, a set of officers. A Constitution and by-laws, and having an organization structure and programs of action.

16. Fishery and Marine Resources – include, not only, fin fishing but also mollusks, crustaceans, echinoderms, marine mammals, and all other products derived from aquatic resources in any form.

17. Fishing – the making of fishery species from the wild state or habitat, with or without the use of fishing vessels.

18. Filter Net – Stationary fishing gear establish against any ensuing water current having with two circular post reinforce with opposite tie wire braces each post is having with circular ring attach to it a long cylindrical rectangular or square opening graduated mesh size net from the opening of more than 3 cm mesh size to a fine mesh net towards the tail/end of the gear and it will be operated under water in any ensuing water current that indiscriminately catches all type and kind of species of fish including tempora size and fry.

19. Fishing Gear – any instrument or device and its accessories utilized in taking fish and other fishery species. It can be either of the following: Active Fishing Gear – fishing gear characterized by active movement and/or pursuit of the target species by towing, lifting and pushing the gears surrounding, covering, dredging, pumping and scaring the target species to impoundment or encirclements, such as but not limited to trawl, purse seines, Danish seines, bag nets, push nets, cast nets, harvesting machine, beach seines, pa-aling, drift gill net and tuna long line.

Passive Fishing Gear – is characterized by the absence of gear movement and/or the pursuit of the target species such as but not limited to hook and line, fish pots, traps and gill nets across the path of the fish.

20. Fishing Vessel – any vessels, boat, ship or other watercraft equipped to be used for taking of fishery species or aiding or assisting one or more vessels at sea in the performance of any activity relating to fishing, including but not limited to the preservation, supply, storage, refrigeration, transportation and processing.

21. Gratuitous Permit – a permit issued to marginal and subsistence municipal fishers free of any charges.

22. Mangroves – a community of inter tidal plants including all species of trees, shrubs, vines and herbs on coast, swamps, or border of swamps.

23. Monitoring – for monitoring fisheries, this may include long-term observation of: 1.) fishing effort which can be expressed by the number of days or hours of fishing, number of fishing gears and number of fishers; 2.) Characteristics of fishery resources; and 3.) Resource yields or catch.

24. Municipal Fishers – persons who are engaged in municipal fishing and/or are fishing within the municipal waters.

25. Municipal Fishing – refers to fishing using fishing vessels of three (3) gross tons or less or fishing not requiring the use of fishing vessels within the fifteen (15) kilometers distance from the shoreline.

26. Municipal Government – refers to the Municipal Government of Tubod.

27. Municipal Waters – include not only streams, lakes, inland bodies of water and tidal waters within the municipality which are not the subject of private ownership and not included within the national parks, brackish water fishponds leased by the government, and national fishery reserves, refuge and sanctuaries but also marine waters included between two line drawn perpendicular to the general coastline from points where the boundary lines of the municipality ouch the sea at law tide and a third line parallel with the general coastline including offshore islands and 15 kilometer from such coastline. Where two municipalities are so situated or opposite shores such that there is less than thirty (30) kilometers of marine waters between them, the third line shall be a line equidistant from the opposite shores of the respective municipalities.

28. Non-Government Organization (NGO) – refers to an agency, institution, a foundation or a group of persons whose purpose is to assist peoples’ organization/association in various ways including, but not limited to organizing, education, training, research and/or resource accessing.

29. Over Fished Area – an area with the municipal waters, which cannot sustain the fisheries.

It can be due to any of the following types of over fishing: (i) too much harvesting in such a way that the mean size of fish captures is sub optimal for providing effective yields from a fishery; (ii) intense fishing pressure by which the process of fishery restocking through reproduction and resettlement is impaired; (iii) shift in community structure from a fishery dominated by valuable species to one dominated by species of less economic value or utility; and (iv) when resource users faces with declining catches and lacking any other alternative, initiate wholesale resource destruction in their effort to maintain their incomes.

30. People’s Organization – a bonafide and duly accredited association of citizens and demonstrated capacity to promote the public interest and with identifiable leadership, membership and structure. It’s members belong to a sector/s in the community who voluntary band themselves together to work for their own upliftment, development and greater good.

31. Permit – a document issued to licensed holders before engaging in fishing using particular gear and/or boat engages in any fisheries activities within the municipality.

32. Persons – natural or juridical entities such as individuals, association, partnership, cooperatives or corporation.

33. RA 8550 – Republic Act No. 8550. otherwise known as the Philippine Fisheries Code of 1998. It is national law that governs the management and conservation of the fisheries resource of the country.

34. Sanctuary – a designed area within the municipal waters where fishing and other human activities are prohibited.

TITLE II. FISHERY LICENSE AND REGISTRATION Section 1. Fishery License All individuals, cooperative, partnership, firms or corporation who are listed in the Registry of Municipal Fishers shall be issued Fishery License, upon payment of the prescribed fee: Provided, however, that the Fishery License is non-transferable: Provided, further, that the holders agree unconditionally to comply with all the laws, orders, policies, and rules and regulations governing fishing. The licensee shall also assume responsibility for any and all of his acts with his fishing operation.

Section 2. Renewal of Fishery License The Fishery License shall be renewed annually. The holder shall renew his/her license sixty (60) days prior to the expiration of the license to renew.

Section 3 Licensing Procedures Applicants for Fishery License shall submit the following documents to the Municipal Agriculturist Office and Department of Natural Resources and Environment Officer: 1. Duly accomplished Application Form; 2. Community Residence Certificate (for individual) or Certificate of Registration or Certificate of Accreditation (for organization, cooperatives, partnership, firms or corporations) 3. Barangay Clearance 4. Certification as a Registered Municipal Fishers 5. Other pertinent documents The Office of the Municipal Agriculturist Services, in consultation with the FARMC shall recommend the issuance of the Fishery License to the Municipal Mayor upon payment of the necessary fee.

Section 4. Schedule of License Fee License to export, occupy, produce, culture, capture, or gather fish of any species and other fisheries products in the municipal waters shall be granted by the Municipal Mayor upon payment of corresponding fees at the rate not exceeding those fixed hereunder: Provided, however, that Registered Fishers from other municipalities who will be permitted to use the municipal waters of this municipality shall pay double of the rate fixed hereunder: 1) For Fishpond Culture(individual) 2) For construction of Seaweed Dryer 3) For Partnerships and Corporations

-

P550.00/hectare/annum P25.00/square meter/annum P550.00/hectare/annum

4) For using motorized boat a. below 1 gross ton b. from 1.1 to 2 gross ton c. from 2.1 to 3 gross ton

-

P220.00/annum P330.00/annum P550.00/annum

5) For using non-motorized banca

-

P 55.00/annum

6) For using and/or engaging in the following: Pasol Pang lambay Pangal Timing Pucot Palunod Yab-yab Bahan-bahan Pasol Newlook Subid Pangnukos Kitang Seaweed Farming Pukot Pagkuha sa Semilya Pamukot sa Aquarium Fish Bubo-Pangisda/Lambay Newlook w/ light during nighttime Pukot Lamba-lamba Palangre

-

P27.50/person/annum P220.00/gear of 100 m/yr.

P110.00/pangal/annum P55.00/annum P165.00/gear of 100m/yr P247.50/gear of 100m/yr P220.00/unit P2,200.00/annum P27.50/unit P55.00/annum P38.50/100 meters/annum P110.00/pukot/annum P110.00/ pukot/annum P100.00/bubo/annum P2,200.00/annum P110.00/annum P220.00/annum

7) For Construction and Operation of Fish Corrals

–

P1,100.00

8) For Construction and Operation of Oyster & Other Culture Beds

-

P77.00 per square meter

9) For Construction of Fish per square meter Cage

-

P77.00

Section 5. Auxiliary Invoice All fish and fisheries products, except those caught in violation of the provision of this ordinance or are declared as health hazards by concerned institutions, must have an auxiliary invoice to be issued by the Municipal Agriculturist of the Office of the Municipal Agricultural Office prior to their transport from the point of origin to their point of destination in the Philippines and/or export purpose payment of the prescribed fee.

Fish Dried Seaweeds Fresh Seaweeds Shrimp Crabs (alimango) Crabs (lambay) Shells Dried Uyap Salted Uyap Fresh Uyap

: : : : : : : : : :

P3.00 per 10 kilos or fraction thereof P3.00 per 10 kilos or fraction thereof P1.50 per 10 kilos or fraction thereof P3.00 per 10 kilos or fraction thereof P3.00 per 10 kilos or fraction thereof P2.00 per 10 kilos or fraction thereof P2.00 per 10 kilos or fraction thereof P3.00 per 10 kilos or fraction thereof P3.00 per 10 kilos or fraction thereof P2.00 per 10 kilos or fraction thereof

Section 6. Time and Manner of Payment. a) The license fees levied under Section 23B.06 shall be paid quarterly upon application within the first twenty (20) days of January and of every subsequent calendar quarter. The initial payment corresponding to the current quarter shall be made application of the license. b) The license fee for the privilege to take fish from the municipal waters with nets, traps or other fishing gears and the operation of fishing vessels shall be paid upon application for a license and within the first twenty (20) days of January of every year for the subsequent renewal thereof.

Section 7 Administrative Provisions. – Any person, who is not a grantee of a license or privilege to fish under any of the provisions of this Article, is hereby allowed to fish for domestic use in any municipal water, for as long as no communal fishery therein has been established. Such fishing shall not take place within two hundred (200) meters from a fish corral licensed by the Municipality, and that such fish caught under the privilege shall not be sold.

Section 8. Applicability Clause. - All existing laws, rules and regulations governing fishing in municipal waters are hereby adopted as part of this Article.

15

per contrivance P27.50 2. Billiard and/or pool halls, per table P11.00 3. Bowling establishments: a) Automatic, per lane P55.00 b) Non-automatic, per lane P33.00 4. Casinos P2,200.00 5. Circuses, carnivals and the like P550.00 6. Cockpits P1,100.00 7. Golf links and/or ranges P550.00 8. Gymnasiums P110.00 9. Membership clubs, associations or organizations: a) Serving food, drinks and lodging facilities P500.00 b) Serving foods and drinks without lodging facilities P330.00 10. Night/Day clubs, discos, beer gardens and other similar establishments P550.00 11. Race tracks, jai-alai fronton, coliseum or similar establishments P550.00 For every off-track and/or off-fronton betting centers P110.00 12. Resorts or other similar establishments P550.00 13. Sauna bath and massage clinics, per cubicle P55.00 14. Skating rinks P110.00 15. Stadua, sports complexes P550.00 16. Theaters or cinema houses, per theater P550.00 17. Pelota courts, tennis courts and other similar nature P55.00 18. Residential/Private (every other day collecting of garbage) P55.00 Schedule C - Electric and Power Companies 1. Main office and/or each power plant 2. Every branch office thereof

P2,200.00 P55.00

Schedule D - Financial Institutions 1. Banks a. Commercial (main office) 500.00 Every branch thereof b. Savings banks (main office) every branch thereof c. Rural Banks

P165.00 P220.00 P55.00 P110.00

2. Savings and Loan Associations, Insurance Companies, Pawnshops: Main Office Every branch thereof

P220.00 P55.00

3. Financial/and/or lending investors establishments, money shops: a. Main Office Every branch thereof

P220.00 P55.00

b. Authorized dealer in Foreign currencies and stock brokers

P110.00

Schedule E - Gasoline Services/Filling Stations: 1. Having an area of 1,500 sq. m. or more 2. Having an area of more than 1,000 but less than 1,500 sq. meters 3. Having an area of 1,000 sq. m. or less 4. Curb pumps and filling stations

P165.00 P165.00 P137.50 P110.00

Schedule F - Private Hospitals AND Medical Clinics WITH Bed Capacity FOR: 1. more than 500 persons P1,100.00 2. 301 to 500 persons P550.00 3. 151 to 300 persons P440.00 4. 101 to 150 persons P330.00 5. 16 to 100 persons P220.00 6. or less P165.00 Animal Hospitals and others P275.00 Schedule G - Hotels, motels, apartel, pension inns, drive inns, boarding houses, dormitories, dwelling and other spaces for lease or rent: Per Room P11.00 Schedule H - Institutions of Learning:

CHAPTER XIV Rentals of Personal and Real Properties Owned by the Municipality (To be based considering municipal assets and full cost pricing)

1. Private universities, colleges, schools and educational or vocational institutions based on the total semestral enrollment as follows:

TITLE 1. PUBLIC UTILITY Section 1. Imposition. The following rates of rental fees for the use of real and personal properties of this municipality shall be collected: EQUIPMENT RENTALS: Concrete Mixer Pay Loader Road Grader Dump truck(6 wheelers)

500.00/day 4,500.00/day 5,448.40/day 5,740.00/day

a. 50,000 students or more b. 30,000 or more but less than 50,000 students c. 20,000 or more but less than 30,000 students d. 10,000 or more but less than 20,000 students e. 5,000 or more but less than 10,000 students f. 1,000 or more but less than 5,000 students g. below 1,000 students

P1,100.00 P880.00 P660.00 P440.00 P220.00 P165.00 P110.00

Schedule I - Liquefied Petroleum: Gas Dealer 1. Marketer 2. Dealer

P165.00 P110.00

TUBOD CULTURAL CENTER RENTALS: With Sound system (night time) (if the activity is income generating) With sound system (night time) (not income generating) Without sound system (night time) With Sound system (day time) Without Sound system(day time) Chairs Tables BANANA TRADING CENTER: BOOTH

5,000.00/night 2,500.00/night 1,500.00/night 1,000.00/day 500.00/day 5.00/day 25.00/day

720.00/MO./BOOTH

COMFORT ROOMS Urinate Discharge Bath

2.00/use 5.00/use 20.00/use

AECI TRAINING CENTER: a. Dormitory Rooms (Double Deck with Electric Fan) Men’s Quarter Ladies Quarter b. Air-Conditioned Rooms Bed Room Additional Bed C. Function Hall 30 persons & below 31-60 persons

Government 80.00/hd/night 80.00/hd/night

Private 100.00/hd/night 85.00/hd/night

300.00/night 100.00/night

350.00/night 150.00/night

300.00/day 500.00/day

350.00/day 600.00/day

Schedule J - Market Stallholders: Public Market/Private Markets Per stall

P55.00

Schedule K - Media Facilities: 1. Newspaper, books, or magazine publications 2. Radio Stations 3. T.V. Stations

P165.00 P550.00 P550.00

Schedule L - Telegram, teletype, cable and wireless communication companies, etc.

1. Main Office P500.00 2. Every branch/Station thereof P220.00 Schedule M - Telephone Companies: 1. Main Office 2. Every branch/Station thereof

P2,200.00 P1,100.00

Schedule N - Terminal garage for bus, taxi and other public utility 1. With an area of 1,000 sq. m. or more 2. With an area of 700 sq. m. or more but less than 1,000 sq. m.

3. With an area of 500 sq. m. or more but less than 700 sq. m.

4. With an area of 300 sq. m. or more but less than 500 sq. m.

5. With an area of less than 300 sq. m.

Schedule O - Peddlers, ambulant vendors, except delivery van or truck Schedule P - Administration offices, display offices And/or offices of professionals: Schedule Q - Film shooting, per day:

P550.00 P440.00 P330.00 P220.00 P110.00 P11.00 P110.00 P 5.50

D. Table and Chairs Schedule R - Private warehouse or bodega: Tables Chairs

free free

20.00/day/tbl 10.00/day/chr

e. LCD Projector

free

500.00/day with deposit 500.00

Other Properties that may be acquired after the promulgation of this ordinance As may be decided by the Sangguniang Bayan Section 2. Time of Payment. The fees imposed herein shall be paid to the Municipal Treasurer or his duly authorized representative, before the use or occupancy of the property.

P100.00

Schedule S - All other business and other service Agencies not specifically mentioned above: 1. Manufacturers, producers and processors: Factory with an aggregate area of: 1,000 sq. m. or more 500 sq. m but less than 1,000 sq. m.

200 sq. m. but less than 500 sq. m.

100 sq. m. or more but less than 200 sq. m.

50 sq. m. or more but less than 100 sq. m.

25 sq. m. or more but less than 50 sq. m Less than 25 sq. m.

P2,200.00 P1,650.00 P1,100.00 P880.00 P660.00 P440.00 P220.00

TITLE II. Service Charge for Garbage Collection Section 1. Imposition of Fee. There shall be collected from every owner or operator of a business establishment an annual garbage fee in accordance with the following schedule: Section2 - Rate of Charges - Except as otherwise provided herein, garbage service charges shall be collected quarterly from every person (natural or juridical) engaged in business, occupation or calling or any undertaking in the municipality in accordance with the following: Rate Per Quarter Schedule A - Aircraft and Watercraft Companies Main Office For every branch office

P1,000.00 P500.00

Schedule B - Amusement Places 1. Amusement centers and establishments with coin-operated machines, appliances, amusement rides and shooting galleries, side show booths and other similar establishments with contrivances for the amusement of customers,

2. Exporters/Importers 3. Brewers, Distillers, Compounders and public Eating Places with an aggregate area of: 1,000 sq. m. or more P2,200.00 500 sq. m.or more but less than1,000 sq. m.

P1,650.00 200 sq. m. or more but less than 500 sq. m.

P1,100.00 100 sq. m. or more but less than 200 sq. m.

P880.00 50 sq. m. or more but less than 100 sq. m.

P660.00 25 sq. m. or more but less than 50 sq. m.

P440.00 Less than 25 sq. m.

P220.00 Carinderia P110.00 4. Owners or Operations of Business Establishment Rendering Services.

A. Business Offices of General Contractors (Building Specially Engineering); Manpower Service/ employment agencies, private detective agencies; advertising agencies with an aggregate area of: 1,000 sq. m. or more 500 sq. m. or more but less than 1,000 sq. m.

200 sq. m. or more but less than 500 sq. m.

P1,100.00 P880.00 P660.00

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100 sq. m. or more but less than 200 sq. m.

100 sq. m. or more but less than 200 sq. m.

50 sq. m. or more but less than 100 sq. m.

P440.00 P220.00 P110.00

B. Other contractors/business establishments in rendering services, printers and publishers with an aggregate of: 1,000 sq. m. or more P1,650.00 500 sq. m. or more but less than 1,000 sq. m.

P1,1 00.00 200 sq. m. or more but less than 500 sq. m.

P880.00 100 sq. m. or more but less than 200 sq. m.

P660.00 50 sq. m. or more but less than 100 sq. m.

P440.00 25 sq. m. or more but less than 50 sq. m.

P220.00 Less than 25 sq. m.

P110.00 5. Independent Wholesalers, Dealers, Distributors, Repackers and Retailers with an aggregate area of: 1,000 sq. m. or more P1,165.00 500 sq. m. or more but less than 1,000 sq. m.

P1,100.00 200 sq. m. or more but less than 500 sq. m.

P880.00 100 sq. m. or more but less than 200 sq. m.

P660.00 50 sq. m. or more but less than 100 sq. m.

P440.00 25 sq. m. or more but less than 50 sq. m.

P220.00 Less than 25 sq. m.

P110.00 TITLE III. Charges for Parking Section 1. Imposition of Fee. There shall be collected fees for the use of municipal owned parking area or designated streets for pay parking in accordance with the following schedule: a. Day Parking Rates Vehicle Type Tricycle Private Cars and Service Vehicles Passenger Jeepneys Cargo Trucks/Delivery Vans Passenger Bus

Annual P

b. Overnight Parking Rates All types of vehicles Annual – Daily –

Daily P

P _________ _________

c. Towing Fee of P300.00 and impounding fee of P100.00/day shall be collected from owners of vehicles who shall violate this Article.

(ALTERNATIVE RATE STRUCTURE:) For the first ______ hours a) Passenger buses or cargo trucks

P

b) Mini buses or jeepneys c) Cars d) Tricycles e) Other vehicles For each succeeding hour or a fraction thereof : a) Passenger buses or cargo trucks

P

b) Mini buses or jeepneys c) Cars d) Tricycles e) Other vehicles Overnight Parking Rates Annual P

All types of vehicles

Daily

Towing Fee of P300.00 and impounding fee of P100.00/day shall be collected from owners of vehicles who shall violate this Article.)

Each barangay shall assist the municipal government in ensuring compliance by car-owning residents with the night-parking regulation and shall correspondingly receive a thirty percent (30%) share of the fees collected from its area of jurisdiction.

Section 5D.02.Time of Payment. The fees herein imposed shall be paid to the Municipal Treasurer or to his duly delegated representative upon parking thereat.

TITLE IV - STALLED VEHICLES, TOWING, IMPOUNDING Section 1 - Stalled Vehicle Charges - There shall be collected from every owner or operator of any installed motor vehicle in any street within the jurisdiction of the Municipality, the following charges: a) Stalled Vehicles charges

P 200.00

For towing charges: 1.

Vehicles with gross capacity weight of 4,000 kilograms or less for the first 3 km, or fraction thereof P200.00 For every additional kilometer or fraction thereof P20.00 2. Vehicles with gross capacity weight or more than 4,000 kilograms for the first 3 kilometers or fraction thereof P500.00 For additional kilometers or fraction thereof c) Impounding charge - For each day or fraction thereof that the value vehicle remains impounded

P50.00 P50.00

Section 2 - Time of payment – The charges for stalled vehicles and towing thereof, shall be paid to the Municipal Treasurer, or his duly authorized deputies before the vehicle is released.

Section 3 - Surcharge - Failure to pay the charges for stalled vehicle and/or towing thereof, within the period prescribed in the preceding Section shall subject the owner/operator of the vehicle to a daily surcharge of twenty percent (20%) of the charges imposed for the first two month; thirty percent (30%) for the third and fourth months, and forty percent (40%) for the fifth and six months, but not to exceed ten thousand (P10,000.00) pesos. Provided, that after six (6) months the charges and surcharge shall not have been paid by the operator or owner of the vehicle, the same shall be sold at public auction, the proceeds of which shall be applied to the accumulated charges and the exceeds, if any, shall be returned to the operator or owner.

TITLE V. Municipal Hospital Service Fees Section 1. Imposition of Municipal Hospital Service Fees. The following schedule of fees is hereby imposed for services of facilities rendered by the Municipal Hospital: Amount of Fee X-RAY AND ULTRASOUND X-ray Obstetrical Procedures X-ray Obstetrical Procedures Pelvimetry X-ray Skeletal System Left/Right Hip Joint AP X-ray Skeletal System Clavicle X-ray Skeletal System Left/Right Elbow/hand/ Leg/wrist/ankle AP/L X-ray Skeletal System Left/Right calcaneus(OS X-ray Skeletal System Left/Right calcaneus(OS X-ray Skeletal System Left/Right femur/foot/forearm Humerus/knee AP/L X-ray Skeletal System Left/Right shoulder AP X-ray Skeletal System Pelvis X-ray Skeletal System Scapula X-ray Skeletal System Sternum X-ray Thoraco-Lumbar AP X-ray Thoraco-Lumbar AP/L X-ray Urinary System Cysto X-ray Urinary System Cystography X-ray Urinary System Intravenous

450.00 400.00 250.00 200.00 400.00 200.00 400.00 400.00 400.00 400.00 400.00 400.00 200.00 400.00 600.00 550.00 1,400.00

X-ray Urinary System Retograde X-ray Urinary System Urethrography X-ray Vertebral Column Thoraco-lumbar X-ray Vertebral Column Thoraco-Lumbar X-ray Vertebral Column Cervical AP X-ray Vertebral Column Cervical AP/L X-ray Vertebral Column Cervico-Thoracic X-ray Vertebral Column Cervico-Thoracic X-ray Vertebral Column Lumbar Spines AP X-ray Vertebral Column Lumbar Spines AP/L X-ray Vertebral Column Lumbo-Sacral AP X-ray Vertebral Column Lumbo-Sacral AP/L X-ray Vertebral Column Sacrum or Coccyx X-ray Vertebral Column Sacrum or Coccyx X-ray Vertebral Column Scoliotic Series X-ray Vertebral Column Thoracic Cage AP X-ray Vertebral Column Thoracic Cage AP/L Ultrasound Abdomen Lower Ultrasound Abdomen Upper Ultrasound Abdomen whole Ultrasound Additional Organ Ultrasound Any Single Organ Ultrasound Hepatobillary Tree Ultrasound Kidneys Ultrasound KUB Ultrasound KUB with Prostate Ultrasound Liver Ultrasound O.B. (non-pregnant) Ultrasound O.B. (pregnant) Ultrasound Pelvis X-ray Abdomen Flat Plate X-ray Abdomen Flat Plate & Upright X-ray Abdomen KUB X-ray Abdomen Lateral Decubitus X-ray Abdomen Lateral View X-ray Abdomen Upright X-ray Billary System Endoscopic X-ray Billary System IV Cholangiography X-ray Billary System Operative X-ray Billary System Oral X-ray Billary System Percutaneous X-ray Billary System T. Tube X-ray Chest AP + Lateral X-ray Chest AP + Lateral (Pedia) X-ray Chest AP Lordotic View X-ray Chest AP view X-ray Chest Bucky Tech.

X-ray Chest Cardiac series X-ray Chest lateral view X-ray Chest PA – Lateral view X-ray Chest PA View X-ray Dental X-ray Digestive Tract System Barium X-ray Digestive Tract System Barium Enema X-ray Digestive Tract System Colonogram X-ray Digestive Tract System GI Series X-ray Digestive Tract System Hypotonic X-ray Digestive Tract System Oral Chole – GI X-ray Digestive Tract System Small X-ray Frog Leg X-ray Head Facial Bone (AP/L) X-ray Head Mastoid (3 Views) X-ray Head Maxilla-Mandible (2 views) X-ray Head Nasal Bone (AP/L) X-ray Head Optic Foramen Right & Left X-ray Head Orbit (2 views) X-ray Head Paranasal Sinuses (3 views) X-ray Head Skull (AP/Lateral) X-ray Head Skull Series X-ray Head Temporo-Mandibular Joint (4 views) X-ray Head Zygoma X-ray Neck Foreign Body (2 views) X-ray Neck Soft Tissues (2 views)

850.00 550.00 400.00 200.00 200.00 400.00 400.00 200.00 200.00 400.00 200.00 400.00 400.00 200.00 600.00 200.00 400.00 600.00 800.00 1,000.00 100.00 500.00 500.00 500.00 700.00 800.00 500.00 750.00 500.00 500.00 200.00 400.00 200.00 200.00 200.00 200.00 1,820.00 500.00 500.00 500.00 1,800.00 500.00 400.00 400.00 200.00 200.00 350.00 350.00 200.00 400.00 200.00 60.00 420.00 1,600.00 500.00 650.00 950.00 750.00 1,200.00 200.00 400.00 600.00 400.00 400.00 280.00 250.00 600.00 400.00 500.00 800.00 250.00 400.00 250.00

HEMATOLOGY/SEROLOGY CBC Automated CBC Automated w/ platelet Platelet Only Hemoglobin Hematocrit Blood Typing (ABO only) Blood Typing including RH Typing Cross-matching including retyping Cross-matching Clotting time/bleeding time WBC/Diff Count

150.00 230.00 80.00 60.00 60.00 75.00 150.00 300.00 150.00 60.00 50.00

CLINICAL MICROSCOPY Routine Urinalysis Urine Sugar Fecalysis/Stool Exam Pregnancy Test Semen Analysis

60.00 25.00 60.00 150.00 200.00

MICROBIOLOGY Gram Stain BLOOD CHEMISTRY Creatinine BUN Cholesterol Only Triglycerides Only Lipid Profile (LDL, HDL, Chole, Trigly) Total Protein Only Total Billirubin SGOT SGPT Glucose Uric Acid BLOOD BANK Blood Screening (HIV/Hepa – B & C/VRDL/ Hemo/Blood Type & RH/Malaria) IMMUNOLOGY HIV Thyphidot (Thyphoid Rapid Test) Dengue Ig/IgM Test (Immulite – reagent Tie-up Machine) Malaria Hepa B Hepa C Syphilis (VRDL) URINARY SYSTEM Intravenous Pyelography (IVP) Retograde Pyelography (RPG) Cystography Urethrography Cysto-urethrography OBSTETRICAL PROCEDURES Pelvimery ECG ER – OPD : DENTAL PROCEDURES Tooth extraction/tooth without anesthesia Including single Anesthesia With additional anesthesia Oral prophylaxis Cavity filling/tooth: Permanent (Light – Cure) Permanent (amalgam) Permanent (compo T.) Temporary Circumcision

100.00 200.00 200.00 200.00 200.00 600.00 package 200.00 200.00 250.00 250.00 150.00 150.00 1,200.00 package

Consultation Dressing – minor Medium Major Pre-natal Pre-natal with Internal Exam

50.00 50.00 100.00 200.00 50.00 100.00

ACCOMODATION (Secondary Hospital) Room and Board Operating Room 1. RVU 30 and below 2. RVU 31 to 80 3. RVU 81 up to 200 (Primary Hospital) Room and Board Operating Room RVU 30 and Below

300.00/day 670.00 1,140.00 2,160.00 200.00/day 385.00

OTHERS: Newborn Screening (PH)

1,000.00

Certification: Medical Certificate Medico-legal Birth Certificate Death Certificate

50.00 150.00 50.00 50.00

Professional Fee General Practitioner Specialist Surgeon Anesthesiologist

150.00/day not exceeding 900.00 250.00/day not exceeding 1,500.00 40.00/RVU not exceeding 6,000.00 30% Surgeon’s fee not exceeding 5,000.00

OTHER HOSPITAL PROCEDURES Use of Nebulizer Perelite Use of Respirator Steam Inhalation Bili-light Continuous Interrupted Use of Electro-Cautery Use of SS Enema Use of Incubator Use of Oxygen Ambulance Charges: a. Cost of Fuel, round trip b. Maintenance cost

25.00/session 50.00/session 750.00/day 30.00/session 35.00/hour 500.00/day 400.00/day 300.00/use 100.00/use 500.00/day .80 per liter Prevailing cost of fuel 10.00/km. round trip

Section 2. Time and Manner of Payment. The fees herein shall be paid upon application or after the extension of service.

Section 3. Exemptions. Residents who are certified by the assigned Municipal Officer as indigent and upon approval by the Municipal Mayor may be exempted from the payment of any or all fees in this schedule.

An indigent is one who belongs to a family whose family income does not exceed P50,000.00 per year of the poverty line established by NEDA, whichever is higher.

TITLE VI. Cemetery Charges Section 1 - Imposition of Charge - There is hereby imposed a charge of P50.00 per cadaver to be buried in Municipal Cemeteries and an additional P300.00 per burial lot except paupers who shall be buried free of charge, the Municipal Health Office shall be responsible for the efficient operation of the Municipal Cemetery.

The following charges shall be collected from the kin of dead persons who shall bury their relatives in the Municipal-owned cemeteries: 1. Lot Used for 5 years (double) -P20,000.00 for residents -P25,000.00 for non-Residents a. Lot Care – after five years of burial -P100.00/year b. Rental after five years -P100.00/year 2. For each niche for five years -P5,000.00 3. Renewal after five years of burial -P100.00/month 4. Use of Chapel -P200.00 5. Fees on Memorial Park/Cemetery plan owners/operators of Memorial Park a. Preliminary processing for the first one hectares area -P550.00 b. Business Parks, private -P1,375.00 c. Cemeteries/Memorial Park -P3,300.00 6. Increase in Fees – subject to 50% every three years 7. Fees on lessor of real estate on privately-owned cemetery and memorial parks less than 2 hectares 2 hectares to 5 hectares

– P550.00 - P1,100.00

Section 2. Time of Payment. The fee shall be paid to the Municipal Treasurer upon application for a burial permit prior to the construction thereon of any structure whether permanent or temporary, or to the interment of the deceased. Thereafter, the fee shall be paid within twenty (20) days before the expiration of the lease period.

The fee shall not be collected in a pauper’s burial, upon recommendation of the Municipal Mayor.

Section 3. Administrative Provisions. (a) As used in this Article, Municipal Cemetery shall refer to the lot owned by this municipality located at Bulod, Tubod, Lanao del Norte. (b) A standard cemetery lot shall be three (3) meters long and one (1) meter wide or three (3) square meters. (c) Except in cases allowed under existing laws and regulations, no person may be buried or interred, permanently or temporarily, other than in properly designated cemeteries or burial grounds. (d) 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 required. (e) Any construction of whatever kind or 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 Health Officer. (f) In case a lessee intends to renew the lease after its termination, he must inform the Municipal Treasurer within thirty (30) days before the expiry date of the lease, and shall pay the corresponding fees therefor. (g) It shall be the duty of the Municipal Treasurer to prepare and submit to the Municipal Mayor a list of the leases that are to expire five (5) days prior to the expiration date. The Municipal Treasurer shall send a reminder to the lessee of the expiration of his lease, two (2) weeks prior to the expiration date of the lease. (h) The Municipal Treasurer shall keep a register in account of the cemetery, together with such additional information as may be required by the Sangguniang Bayan.

250.00 800.00 500.00

TITLE VII. Rental Fee on Mineral Lands

120.00 200.00 220.00 250.00

Section 1. Definitions of terms. (a) Minerals mean all naturally occurring inorganic substances in solid, liquid, or any intermediate state including coal. Soil which supports organic life, sand and gravel, guano, petroleum, geothermal energy and natural gas are included in this term but are governed by special laws. (b) Mineral Lands are those lands in which minerals exist in sufficient quantity and grade to justify the necessary expenditures in extracting and utilizing such minerals.

1,400.00 850.00 550.00 550.00 600.00 400.00 250.00

Section 2. Collection of Fee. There shall be collected an annual rental fee from the lessee of mineral lands in this city for the exploration, development and exploitation and disposition of minerals form said lands covered by lease in accordance with the following rates: (a) On coal-bearing public lands Five pesos (P 5.00) per hectare or fraction thereof for each and every year for the first ten (10) years; and Ten pesos (P 10.00) per hectare or fraction thereof for each and every year thereafter during the lease period. (b) On public lands bearing quarry resources Fifty pesos (P50.00) per hectare or fraction thereof for each and every year during the lease period

150.00 30.00/anesthesia 250.00 300.00 200.00 100.00 50.00 500.00

(c) On all other mineral lands containing metallic or non-metallic minerals under Existing mining laws and decrees.

Ten pesos (P10.00 per hectare, or a fraction thereof for each and every year during the lease period.

Section 3. Time of Payment. The rental fee shall be paid in advance to the Municipal Treasurer or his duly authorized representative on the date of the granting of the lease and on the same date every year thereafter during the life of the lease.

ORDINANCE/P17

THURSDAY, OCTOBER 4, 2012

ORDINANCE www.mindanaodailybalita.com

municipal corral or any place designated as such. If the animal is kept in the corral beyond the period paid for, the fees due on the unpaid shall first be paid before the same animal is released from the corral.

Ordinance... from page 16

TITLE VIII. Occupation Fee for Mining Claims Section 1. Definition. When used in this Article Occupation Fee is a fee payable by any locator or occupant of any mining claim.

Section 2. Collection of Fee. There shall be collected an annual occupation fee on locator, holder or occupant of mining claim in the amount of _________ Pesos (P ________) per hectare or fractional part thereof, until the lease covering the mining claim shall have been granted.

Section 3. Time of Payment. The fee shall be payable to the Municipal Treasurer on the date of registration of the mining claim and on the same date every year thereafter, until the lease covering the mining claim shall have been granted.

Section 4. Administrative Provisions. The Municipal Treasurer shall keep a list of all registered mining claims indicating therein the name of locators, area in hectares and date of registration: TITLE IX. Charges for Use of Waterworks System Section 1. Imposition of Charges. The fees and charges provided herein shall be collected for the water service rendered by _____________________ of this municipality’s waterworks system. a. Application fee for connection with waterworks system P 25.00 b. Guarantee deposit for every application 100.00 c. Installation for the first lineal feet of pipe 1. Earth and gravel excavation 5.00 2. Asphalted road 10.00 3. Cemented road 20.00 For every additional pipe of _____ lineal feet long or fraction thereof will be charged 25.00 d. For metered service 1. Minimum charge for not more than ten (10) cu.m. per month a. Residential Service 15.00 b. Commercial Service 30.00 c. Industrial Service 30.00 2. For every cubic meter in excess of ten (10) cu.m. per month: a. Residential Service P0.75/cu.m. b. Commercial Service P1.50/cu.m. c. Industrial Service P1.50/cu.m. e. For unmetered service 1. Flat rate consisting of one (1) faucet only: a. Residential Service b. Commercial Service c. Industrial Service 2. For each additional faucet fixture per month: a. Residential Service b. Commercial Service c. Industrial Service

P20.00/month P150.00/mo.

P150.00/mo.

P20.00 P30.00 P30.00

f. Re-installation fee g. Tapping fees: 1. For one-half inch (1/2”) diameter 2. For three-fourth inch (3/4”) diameter 3. For one inch (1”) diameter

b. Slaughter Fee. The fee shall cover the cost of the services in the slaughter of animals in accordance with the following rates per head.

P= 50.00 25.00 20.00 20.00 20.00

P= 50.00 25.00 20.00

c. Corral Fee. There shall be collected the following fee for the custody or safekeeping of the animals in the municipal corral.

Per head, per day, or fraction thereof: Large cattle Hogs Others d. Post-mortem inspection fee: Dressed meat and poultry

Type of Infrastructure (pier, ferry, bridge, etc...) a) b) c)

Amount P

Section 2. Exemptions. No such tolls or fees or charges shall be collected from officers and enlisted men of the Armed Forces of the Philippines and members of the Philippine National Police on mission, ambulances, post office personnel delivering mail, physically handicapped, and disabled citizens who are sixty-five (65) years or older.

Section 4. Administrative Provision. When public safety and welfare so requires, the Sangguniang Bayan may discontinue the collection of tolls and thereafter said facility shall be free and open for public use.

Section 1. Imposition of Fees a. Permit Fee of Slaughter. Before any animal is slaughtered for public consumption, a permit therefore shall be secured from the Meat Inspector concerned or his duly authorized representative who will determine whether the animal or fowl is fit for human consumption, (preferable the municipal veterinary, or meat inspector, if any upon payment of the corresponding fee, as follows: Per Head Large cattle P= 50.00 Hogs 35.00 Goats 20.00 Sheeps 20.00 Others 20.00

P= 10.00/h/day 5.00/h/day 1.00/h/day P= .75/kilo

Section 2. Prohibition. Permit to slaughter shall not be granted nor the corresponding fee collected on animals condemned by the Municipal Health Officer or his duly authorized representative.

Section 3. 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 Health Officer of his duly authorized representative. b. Slaughter and post-mortem inspection fee. These fees shall be paid to the Municipal Treasurer or his duly authorized representative before the slaughter animal is removed from the public slaughterhouse or after the post-mortem inspection, as the case may be. c. Corral fee. The fee shall be paid to the Municipal Treasurer before the animal is kept in the

Section 3. Civil Remedies – The civil remedies for the collection of local taxes, fees, or charges, and related surcharges and interests resulting from delinquencies shall be: a. By administrative action through distrain of goods, chattels, or effects, and other personnel property of whatever character, including stocks and other securities, debts, credits, bank accounts, and interest in and rights of personal property, and by levy upon real property and interest in or rights to real property; and b. By judicial action Either of these two (2) remedies or both may be pursued concurrently or simultaneously at the discretion of the LGU concerned.

Section 4. Personal Property Exempt from Distraint of Levy – The property shall be exempt from distraint and the Levy, attachment or execution thereof for delinquent in the payment of any local tax, fee, or charge, including related surcharges and interests: a) Tools and implements necessarily used by the delinquent taxpayer in his trade or employment; b) One (1) horse, cow, carabao, or other beast of burden, such as the delinquent taxpayer may select and necessarily used by him in his ordinary occupants. c) His necessary clothing, and that of all his family; d) Household furniture and utensils, necessary for housekeeping and used for that purpose by the delinquent taxpayer, such as he may select, or a value not exceeding Ten Thousand Pesos (Php10,000.00); e) Provisions including crops, actually provided for individual or family use sufficient for four (4) months; f) The professional libraries of doctors, engineers, lawyers and judges; g) One (1) fishing boat and net, not exceeding the total value of Ten Thousand Pesos (Php10,000.00) by the lawful used of which fisherman earns his livelihood; and h) Any material or article forming part of a house or improvement of any real property.

TITLE III. TAXPAYER’S REMEDIES

Section 1. Imposition of Fee or Charges. There shall be collected a fee or charge for the use of the following utilities owned and operated by this municipality..

20.00 25.00 30.00

TITLE X. Slaughter and Corral Fees

the lien but also upon any property used in business, occupation, practice of profession or calling or exercise of privilege with respect to which the liens is imposed. The lien may only be extinguished upon full payment of the delinquent local taxes, fees and charged including related surcharges and interests.

TITLE XI. Toll Fees or Charges

Section 3. Time of Payment. Fees and charges for the use of the above mentioned facilities shall be made every time such facilities are utilized.

Section 3. Administrative Provisions. (a) A written application/contract filed with the Office of _______________ shall be required for any of the aforementioned services. (b) A cash deposit of _______________ Pesos (P________) shall be required of every customer/applicant before the initial service is rendered. It shall answer for any unpaid due and demandable water charges rendered in accordance with the foregoing rates which shall automatically be charged off against the cash deposit after failure to pay the monthly fee within _____ ( ) days of the succeeding month.

In cases where the cash deposit shall no longer be sufficient to cover water fees and surcharges, the water connection shall be disconnected after failure by the customer to settle the difference after a period of ______ ( ) days from receipt of notice of disconnection.

The cash deposit shall be refunded by the System if the customer desires to withdraw the service of the System and all his water bills shall have been fully paid. (c) For billing purposes, a water meter shall be read one (1) month after its connection and every month thereafter. The meter shall be sealed and the seal shall be broken only when the meter is to be inspected, tested, or adjusted by the System. It shall be tested at any reasonable time by the duly authorized representative/inspector of the System or upon the request of the customer and to be witnessed by him if he so desires.

If the testing of the meter is upon the request of the customer and the test discloses that the water meter is defective, corresponding adjustments shall be made and no fee shall be charged to the customer. If no defect is found in the meter, then the customer shall pay to the System _________ Pesos (P ) for every five-eighth (5/8”) and three-fourth inch (3/4”) of water meter and ________ Pesos (P ) for every water meter bigger than the above. (d) For re-opening of service upon request of the customer after it has been closed for delinquency, ________ Pesos (P ) shall be charged if the service is closed at the metering point. If it is closed at the water main or main pipe, the cost of street repair shall be paid by the customer. (e) Service connection for domestic or residential use shall not use pipes bigger than on-half inch (1/2”) in diameter. (f) Service connection using pipes bigger than one-half (1/2”) in diameter may be allowed for commercial and/or industrial use only, provided that the applicant thereof shall satisfy in his application the need of a bigger size which shall in all cases be subject to the approval of the ___ ________________________________. (e) Every multi-door apartment shall have separate water service connection and separate water meter for every occupant or lessee therein.

For personal/home consumption: Per Head Large cattle Hogs Others

Section 5. Penalty. Any violation of the provisions of this article shall be punished by a fine of not less than One Thousand (P= 1,000.00) Pesos but not more than Two Thousand Five Hundred (P= 2,500.00) Pesos or imprisonment of not less than one (1) month but not more than six (6) months, or both such fine and imprisonment, at the discretion of the Court.

25.00

Section 2. Time of Payment. The water rental is due and payable to the Office of the Municipal Treasurer within the first ______ ( ) days of the following month.

For public consumption: Per Head Large cattle Hogs Goats Sheeps Others

Section 4. Administrative Provision a) The slaughter, of any kind of animal indeed 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 not be sold offered for sale. b) Before issuing the permit for the slaughter of the large cattle inside the slaughterhouse, the Officer-In-Charge of the slaughterhouse shall be required for branded-cattle, the production of the certificate of ownership if the owner is the applicant, or the original certificate of ownership and certificate of transfer showing title in the name of the original owner. If the applicant is not the original owner and there is no certificate to transfer made in his favor, one such certificate shall be issued and the corresponding fee be collected therefore. For unbranded cattle that have not yet reached the age of branding, the Officer on charge of the slaughterhouse shall require such evidence as will be satisfactory to him regarding the ownership of the animals for which permit to slaughter has been requested. For unbranded cattle of the required age, the necessary certificate of ownership and/or transfer shall first be secured, 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 Health Office or his duly authorized representative, preferably, the municipal veterinarian or the meat inspector, if any. The permit shall bear the date and month of issue and the stamp of the Municipal Health Officer, as well as the page of the book in which said permit is entered and wherein the name if the permit and the kind and sex of the animal to be slaughtered appear. 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.

17

CHAPTER XV ADMINISTRATIVE PROVISIONS TITLE 1. Collection of Taxes, Charges and Fees Section 1. Authority to Collect – Unless otherwise provided, the Municipal Treasurer or his duly authorized deputies shall be responsible for the assessment collection and administration of the taxes, fees and charges prescribed under this code.

The Local Treasurer or his duly authorized deputies are hereby authorized to accept payments of fees, charges and taxes base on previous payment subject to the adjustment if found deficient by the officials concerned.

Section 2. Annual and Quarterly Payment – Except as otherwise specifically provided in this Code, all taxes, charges and fees shall accrue on the first day of January of each year, and are with the first twenty (20) days of January of each subsequent quarter as the case may be.

The Municipal Mayor, upon recommendation of the Municipal Treasurer, for justifiably reason or cause, such as flood, fire typhoon and other natural calamities extend for and additional period of not exceeding thirty (30) days the time for payment of a tax, charge of fee without penalty.

Section 3. Surcharge and interests – Except as otherwise specifically provided in this code, non-payment of tax, charge or fee within the time required shall subject the taxpayer to a surcharge of twenty-five (25%) percent of the amount of tax, charge or fee due, plus an interest of two (2%) percent per month of the unpaid taxes, fees or charges including surcharges, until such amount is fully paid but in no case shall the total interest on the unpaid amount or portion thereof exceed thirty six (36) months. For the purpose of this Section the Term “amount of tax, or fee due” shall refer to the total unpaid tax, charge or fee for the whole year.

Section 4. Keeping of books of accounts – Any person doing business in the Municipality shall keep books of accounts wherein all transactions and results of operations are shown and from which all taxes, charges and fees due the Municipality may readily and accurately be determine any time of the year; Provided, however, that any such person who already keeps books of accounts in pursuance with the provisions in the National Internal Revenue Code, which are sufficient for purposes of this Code, Books of accounts not required to be registered in the BIR, but required under this Code shall be registered at the Treasurer’s Office concerned.

Section 5. Examination of Books of Accounts - For the effective enforcement and collection of the taxes, charges and fees prescribed under this Code, only the Municipal Treasurer or other duly authorized representatives, in writing, may examine the books of accounts and other pertinent and other pertinent records or any person doing business with the Municipality.

The examination shall be made during regular business hours, not often than once every year for each business establishment. Any examination conducted pursuant to the provisions of this Code shall be certified to the examining officials and such certificate shall be made of record in the books of accounts of the taxpayer concerned.

If the examination is made by duly representative of the treasurer, the written authority shall specifically state the name, addresses and business of the taxpayer whose books of accounts are to be examined, the date and place of such examination, and the procedure to be followed in conducting the same.

Unless the taxpayer keeps regular books of accounts and/or records required by the National Internal Revenue Code and regulations, it shall be his duty to keep such books and other records as are approved by the Municipal Treasurer or his duly authorized deputies, which shall truly reflect his business or trade for the purpose of the taxes provided herein. The books of accounts and/or records shall be preserved by the taxpayer for a period of five (5) years from the date of the last entry thereof.

If the taxpayer keeps his regular books of accounts and/or other records outside the territorial limits of the Municipality, he shall keep copies thereof in his business establishment or office in the Municipality and submit the same for examination when required.

If the records of taxpayer are in danger of being destroyed or hidden in order to render their examination futile or to subvert the examination or collection of any tax delinquency or deficiency, the local treasurer may petition the proper court, for authority to impound said books of accounts and/or records. If the court is convinced that there is reasonable ground to believe the petition to be meritorious, it may order that the books of accounts and/or records to be entrusted to the custody of the petitioner until the examination is terminated and the deficiency is collected if any.

Section 6. Taxpayers record – It shall be the duty of the treasurer or his duly authorized representatives to keep a record, alphabetically arranged and open to public inspection, of the names of all persons paying taxes, fees, and charges to the Municipality.

Section 7. Inspection of Business Establishment – Business establishments which operate, conducts or maintain respective business within the Municipality are subject to inspection on their compliance with the requirements of existing laws rules and regulations on public health, welfare and safety by deputies of the different Department of the Municipality charged with the particulars duties.

The business permit or license or any establishment which violates the requirements mentioned in this Section may be revoked by the Municipal Mayor without refund of the amount paid for the taxes, fees and charges.

Section 8. Municipal Assessor to furnish in advance Real Property Tax Order of Payment – The Municipal Assessor shall furnish the Office of the Municipal Treasurer all Real Property Tax Order of payment within the first month of each quarter/year as the case may be who shall (Municipal Treasurer) send the same including the computation of tax due to all taxpayer within one(1) month before the deadline for payment of the tax. The Municipal Assessor shall likewise furnish the Municipal Treasurer the usual assessment roll, notice of reassessment/or cancellation of assessment as well as all documents needed for the efficient collection and administration of the real property tax.

Section 1. Period of Assessment and Collection a) Local taxes, fees, charges shall be assessed within five (5) years from the date they became due. No action for the collection of such taxes, fees or charges, whether, administrative or judicial, shall be instituted after the expiration of such period provided that taxes, fees or charges which have accrued before the effectivity of the Code may be assessed within a period of three (3) years from the date they became due b) In case of fraud or intent to evade the payment of taxes, fees, or charges, the same may be assessed within ten (10) years from discovery of the fraud or intent to evade payment c) Local taxes, fees or charges may be collected within five (5) years from the date of assessment by administrative or judicial action, provided that taxes, fees or charges assessed before the effectivity of the Code may be colledted within a period of three (3) years from the date of assessment. d) The running of the periods of prescription provided in the preceding paragraph shall be suspended for the time during which; 1) The treasurer is legally prevented from making the assessment of collection; 2) The taxpayer request re-investigation and execute a waiver in writing before expiration of the period within which to assess or collect; and 3) The taxpayer is out of the country or otherwise cannot be located.

Section 2. Protest on Assessment – When the local treasury or his duly authorized representative finds that correct taxes, fees, or charges have not been paid, he shall issue a notice of assessment stating the nature of the tax, fee, or charge, the amount of deficiency, the surcharges, interests, and penalties. Within sixty (60) days from receipt of the notice of assessment, the taxpayer may file a written protest with the local treasurer contesting the assessment; otherwise, the assessment shall be come final and executory. The Local Treasurer shall decide the protest within sixty (60) days from the time of its filling. If the Local Treasurer finds the protest to be wholly or partly meritorious, he shall issue a notice canceling wholly or partially the assessment. If the Local Treasurer finds the assessment to be wholly or partly correct, he shall deny the protest wholly or partly correct. He shall deny the protest wholly or partly with notice to the taxpayer.

The taxpayer shall have thirty (30) days from the receipt of the denial of the protest or from the laps of the sixty-day period prescribed in this Article within which to appeal with the court or competent jurisdiction; otherwise, the assessment becomes conclusive and inapplicable.

Section 3. Claim for Refund or Tax Credit – All taxpayers entitled to a refund or tax credit provided in this code shall file with the Local Treasurer a claim in writing duly supported by evidence of payment (e.r., official receipt, tax clearance, and such other proof of evidencing over payment) within two (2) years from payment of the tax, fee, or charge. No case or preceding shall be entertained any court without this claims in writing, and after the expiration of two (2) years from the date of payment of such tax, fee, or charge, or from the date the taxpayer is entitled to a refund or tax credit.

The tax credit granted a taxpayer shall not be refundable in cash but shall only be applied to future tax obligation of the same taxpayer for the same business. If a taxpayer has paid in full the tax due for the entire year and he shall have no other tax obligation payable to the Municipality during the year, his tax credits, if any, shall be applied in full during the first quarter of the next calendar year on the tax due from him for the same business of said calendar year.

Any unapplied balance of the tax credit shall be refunded in cash in the event that he terminates operation of the business involve within the locality.

TITLE IV. PENAL PROVISIONS Section 1. General Penal Provision - Any person who violate any provision of this Code or any regulations promulgated there under, for which no specific penalty is prescribed, shall be punished by a fine not exceeding Two Thousand Five Hundred Pesos (Php2,500.00), or an imprisonment not exceeding six (6) months, or both, at the discretion of the Court. If the violation is committed by a juridical person, the president, general manager, or any person entrusted with the administration thereof at the time of the violation was committed shall be held responsible for liable thereof.

TITLE V. FINAL PROVISIONS Section 1. Separability Clause – If any clause, sentence, paragraph, section, or part of this Code shall be adjudge by any Court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalid date the remainder of said Code, but shall be confirmed in its operation to the clause, sentence, paragraph, section or part thereof directly involved in the controversy.

Section 2. Repealing Clause - All ordinances, rules and regulations or part thereof in conflict or inconsistent with the provisions of this Code are hereby repealed, amended, or modified accordingly.

Section 3. Effectivity - This Code shall take effect after its approval and publication in a local newspaper.

WE HEREBY CERTIFY to the correctness of the foregoing ordinance, which was duly enacted by the Sangguniang Bayan during its regular session, held at the Legislative Hall, Sangguniang Bayan Office, Tubod, Lanao del Norte.

(SGD.) EDUARDO C. MANSUETO Municipal Vice Mayor (SGD.) EDWARD O. PIDO SBMember

(SGD.) NELLY M. PEPITO SBMember

(SGD.) CLIFFORD J. JUMALON SBMember

(SGD.) JIMMY N. AMAS SBMember

(SGD.) RUDY L. PEPITO SBMember

(SGD.) NICASIO C. LACSON SBMember

(SGD.) LORIANO S. JUMARITO (SGD.) FELIPE A. PERALES SBMember ABC President

(SGD.) LEONCIO C. BAGOL SBMember

(SGD.) PETER JOHN G. YANOC SK Federated President ATTESTED: (SGD.) PERLA D. SANTOS Secretary to the Sangguniang Bayan

APPROVED:

TITLE 11 – CIVIL REMEDIES FOR COLLECTION OF REVENUES Section 1. Application – The provisions of this Chapter and the remedies herein provided may be availed of for the collection of any delinquent local tax, fee, charge, or other revenues.

(SGD.) NELIETA QUIBRANZA-NOVAL Municipal Mayor

Section 2. Local Government’s Lien – Local taxes, fees, charges, and other revenues constitute a lien, superior, to all liens charges or encumbrances in favor of any person, enforceable by appropriate administrative or judicial action, not only upon any property or rights therein which may be subject to

MDN: Sept 20, 27 & Oct. 4, 2012

18

THURSDAY | OCTOBER BER BE R 4, 4, 2012 2012

News In Focus Editor: CRIS DIAZ Email: crisguardian@yahoo.com Editorial. : mindanaodailynews@gmail.com • Advertising : mindanaodaily.ads@gmail.com Read us online exactly as it appears in print : www.mindanaodailybalita.com

PERMANENT HOME, AT LAST! Beneficiaries receive their share of a permanent home during the symbolic turn over ceremony of 320 transitional shelters for tropical storm “Sendong” survivors in the village of Digkilaan

in Iligan City Tuesday with the Philippine Red Cross, Qatar Red Crescent Society, Australian Agency for International Development, Philippine Institute of Civil Engineers and the Iligan City Government. In the photo are Vice Mayor Henry Dy,

Padaca gets appointed, Comelec commissioner PRESIDENT Benigno S. Aquino III has appointed former Isabela Gov. Grace Padaca as commissioner of the C ommission on E l e c t i ons w it h a te r m expiring in February 2018.

In a letter dated Sept.

28, 2012, President Aquino asked the Commission on Appointments to immediately confirm Padaca as Comelec commissioner.

Born on Oct. 25, 1963, Padaca became a Certified

Public Accountant after graduating magna cum laude from the Lyceum of the Philippines in Manila.

Although stricken wit h p olio at an e arly age, paralyzing both her legs, Padaca became an influential broadcaster in Isabela, inspiring the local people to understand civil and political issues and fight for what is right and just.

Padaca rose to promi-

nence in 2004 when she defeated then Gov. Faustino Dy Jr., a member of a political dynasty that ruled Isabela for 40 years.

In May 2007, she was reelected as Isabela governor after beating former Gov. Benjamin Dy. Among the awards she received were the Ramon Magsaysay Award for Government Service (2008), the United States Department of State Woman of

Courage Award (2007), the Benigno S. Aquino Jr. Fellowships for Professional Development Award (2006), and the First CEO Excel Awards (2005).

She also co-founded with then Pampanga Gov. Eddie Panlilio and then Naga City Mayor Jesse Robredo the Movement for G o o d G ove r n anc e and Ethical Leadership called “KAYA NATIN.”

BWM

Monthly Mo

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Dr.Mohammed Al Maadheed of QRCS, Gov. Richard Gordon chairman and CEO of Philippine Red Cross, City mayor Lawrence Lluch Cruz, Gwendolyn Fang, PRC Secretary General and other officials. Photo by Richel V. Umel

Another suspect in Ma’danao massacre nab COTABATO City––Another suspect in the 2009 Maguindanao massacre was arrested in Saranggani province, police said Tuesday.

Chief Insp. Teofil Remodaro, police chief of Glan, Saranggani, identified the suspect as Abdullah Dimanao, 33, a resident of Barangay Balitan, Glan.

Remodaro said Dimanao was arrested Tuesday on the strength of a warrant of arrest issued by Quezon City Regional Trial Court Judge Jocelyn delos Reyes.

Dimanao, who did not resist arrest, vehemently denied involvement in the massacre, the deadliest single election related violence in the country.

The suspect is presently detained at the Glan police detention cell.

Fifty eight persons were killed, 31 of them journalists, while they were on their way to Shariff Aguak on Nov. 23, 2009 to file the certificates of candidacy of then gubernatorial aspirant Esmael Toto Mangudadatu.