April 8-14, 2012

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regional exponent for progressvol. xix, no. 41 Bicol, the philippines april 8 - 14, 2012 p 5.00

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Vice govs group hails Zubirias Bicol’s adopted son

BICOL’S ADOPTED SONFormer Senator Juan Miguel “Migz” Zubiri meets the member of the local media on Tuesday (April 3) at the Naga Airport VIP room. Zubiri was here to visit the repair and rehabilitation works of his economic projects thru his PDAF to some town beneficiaries in

Camarines Sur. With him are: (R-L) Juan Escandor Jr. (Phil. Daily Inquirer); Boy Reyta (DWOS-FM); Renan Relloso (RMN-DWNX); Jun Bermas (DWKM-FM); Oscar Esmenda (BBS-DWLV) and Myra Revilla (Bombo Radyo-Naga).

RuBAR

NAGA CITY – In a unanimous vote, officers of the League of Vice Governors of the Philippines Bicol Chapter, declared former Sena-tor Juan Miguel F. Zubiri as adopted son of Bicol Region, specifically citing his steadfast support to the region and for not forgetting his ancestral roots being the son of Victoria Calleja- Zubiri, a native of Libon, Albay.

Zubiri, who was in Camarines Sur on Tues-day, (April 3), greatly ap-preciated the gesture and vowed to pursue his unre-lenting effort in alleviating the conditions of the poor communities in the region. During his incumbency as Senator, Zubiri put in place viable and econom-ic projects in partnership with the local government

units through his “Isang Bayan, Isang Proyekto ni Migz Zubiri.”

These projects have helped the municipal con-stituents to engage in pro-ductive endeavors and lifted them from the mire of poverty. Some of the towns that benefited from the Priority Development Assistance Fund or PDAF of the former Senator in-

cludes Lagonoy, San Jose, Goa, Pili, Magarao, Buhi, Baao and Nabua- all in Camarines Sur.

During his two-day provincial tour, Zubiri checked on the repair and rehabilitation works of six (6) school buildings locat-ed in Lagonoy to ensure that the students will have a decent classroom once they get back to school

after the long vacation. After which, the Bukid-non lawmaker trekked to the adjoining municipal-ity of San Jose where he spearheaded the inaugu-ration of a newly- built school building there. San Jose Mayor Tony Chavez warmly wel-comed Zubiri’s team in Pugay Elementary School.

If his first two visited sites were for the stu-dents his next stop was for the senior citizens who eagerly waited for Zubiri to inaugurate their newly constructed senior citizen’s building. The former lawmaker also believes that “young at hearts” still need to re-lax that’s why he helped build a place where the “oldies” can still have

“The Way of the Cross: The Way of My Encounter with God and Interiorization of My Catholic Practices” (“An Da-lan kan Krus: Dalan sa Sakong Pagmidbid sa Dios asin Pagsaboot kan Sakong Katolikong Kinaugalian”)

My dear brothers and sisters!

This season of Lent, in preparation for the Holy Father’s declaration of the Year of Faith, we reflect on the theme: “The Way of the Cross: The Way of My Encounter with God and Understanding My Catholic Practices.”

“I know him in whom I have believed” (2 Tim 1:12). These words of St. Paul help us to understand that the faith which is a personal trust in the Lord and the faith which we profess in the creed are inseparable (CCC, 150). That is why the Year of Faith is, first of all, a call for Catholics to truly know and understand their Faith. We should not only know WHAT is our creed and praxis, we need more to understand WHY we believe and practice them.

Faith is not a set of doctrines, neither is it a new philoso-phy, but an encounter with God (Pagkanumpungan asin pagmidbid sa Dios). As Pope Benedict XVI has consistently emphasized since the beginning of his Papal ministry: “Faith is an encounter – an encounter with the Person of

MESSAGE FOR LENT 2012

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By AnAlizA S. MAcAtAngAy

Bikol reporter2 april 8 - 14, 2012oPinion

opinionsunlimited

Atty. TONY (APA) ACYATAN

at least – the exempted age bracket should be lowered to say, twelve years old!

Moral values of our youth must be strengthened – preferably by way of religious institutions of learning. We must not follow the US example where teaching of religion in public schools has been banned. The crazy Americans even want to remove from the US Dollar bill the words “In God We Trust”. Satan and his evil minions have apparently gain footholds in the minds of our young – and even in those of their overly tolerant parents (perhaps too busy making money).

ACCEPTABILITY: In all surveys, Vice President Jejomar Binay always outranks P-Noy. The president should reshuffle his cabinet – especially those in charge of public information. Binay’s info-men regularly send me (by text) the latest activities and accomplishments of the vice president. There appears to be a sustained popularity campaign for Binay who has openly declared that he is running for president in 2016.

The PDP Laban has already started nominating “senatoriables” including PNRC Chairman Dick Gordon. VP Binay is stacking perceived winning cards early through his party’s preparations for the mid-term elections. There are rumors that he will include in his senatorial list the Bicolano Chiz Escudero, possibly as a stepping stone for the latter’s vice-presidential quest. Chiz co-authored the successful Noy-Bi tandem in the last presidential elections.

SURVEYS: Modern methods of research feature impromptu surveys – more so those relating to common preferences of respondents. Latest results include - the reduced net popularity ratings of P-Noy, the “guilt” of the impeached Chief Justice, and the exercise of presidential emergency powers in order to solve our energy problem (electricity and cost of fuel). It’s nice to get the public pulse – but the survey organizers must insure that the questions are clear, and reply-friendly.

It is about time that our Legislature comes up with precise rules to regulate the conduct of surveys, more so on political issues. The survey results which were released on a date that was very close to last presidential elections sort of served as beacon light for those “still undecided” then. It is not unusual for people to go for likely winners. Positive survey results usually foretell realization for the reason that everybody wants to be on the winning side. Most people will go with the favorites!

WISDOM: God’s standards are not given to spoil our fun – but to protect us from the follies of life.

(Atty. APA – chairman of Acyatan & Co., CPAs-DFK International - PICPA past president/Hall-of-Famer, ACPAPP Lifetime Achievement Awardee, and past chair of ASEAN Federation of CPA – writes this syndicated column for selected CALABARZON & Bikol newsweeklies).

RECOLLECTION: Aside from the many family and class reunions attended by everyone, there are also the traditional “PABASAs”. Some of us – mostly devout Catholics also found time to join Recollections and Retreats as our way of re-assessing our lives. The key question to ask is whether we are spending our life in the right direction, and if we are happy with what we have done so far. What then is our proper measuring stick to know if we are truly “happy”?

For the mundane – the usual bases are our human measurements – money, power, popularity and self-satisfaction. Beyond all those – and better yet, above all those – is the sincere feeling that we are nearing our aspiration to be with our God when He calls us. When we stand up for providential evaluation, the real question is not what we have achieved for ourselves, but what we have done for others, especially for the least of our brethren.

MODERNITY: We shudder to think of what our world has become – with the advancement in technology and the discovery by man of temporary sources of relief and happiness (particularly drugs). There are many young criminals who commit offenses almost with impunity, aware as they are that our laws exempt them from punishment. The Juvenile Offenders’ Law must be scrapped now, or

Season of lent

his signature. As Senator Joker Arroyo said, the problem on funding depends on Malacañang. If P-Noy signs it, he will release fund for it. We believe that because of the effort of P-Noy to institute electoral reforms, he will allow the people to decide in the plebiscite.

Congressman Luis R. Villafuerte offered their pork barrel as a source of fund for the plebiscite. This is noteworthy because the oppositor is his son, Gov. L-Ray Villafuerte.

The camp against the creation of Nueva Camarines keeps saying they are strong and that the people are against

it. If so, why are they blocking or preventing the holding of a plebiscite where the people can express their true will and sentiment? Isn’t that illogical? They keep on raising many issues that tend to do this. We should allow the people to decide on what they want in the plebiscite. That would be real democracy.

* * * * *Hereunder is the letter of Budget Sec.

Florencio Abad to COMELEC Chairman Sixto S. Brillantes dated March 27, 2012 which urge the Chairman to prioritize the re-registration for ARMM voters, the plebiscite in Camarines Sur and the recall elections in such places as Samar and Danao City in the use of COMELEC savings.

HON. SIXTO S. BRILLANTES JR.ChairmanCommission on ElectionsPostigo St., IntramurosManila City

Dear Chairman Brillantes,

“There is money for the plebiscite”, Cong. Arnulfo P. Fuentebella informed the House Committee on Local Government hearing House Bill No. 4820 that propose the creation of the province, Nueva Camarines. He said COMELEC chair Sixto Brillantes and budget officials had made the assurances during budget deliberations on the 2012 Appropriations act in the House of Representatives. He said Brillantes pointed to the P2 billion in savings from the postponement of the elections in the Autonomous Region in Muslim Mindanao as a possible source of fund which could amount to P50 million, while DBM officials cited the savings of all government agencies for 2011 as another source.

“So, it was agreed upon that there was no need to insert a budget for the plebiscite because we were assured that it could be taken from savings,” Fuentebella said when the issue of none availability of fund for the plebiscite was raised.

There will be one of two more hearings of the House Committee on Local Government before it will be voted upon in the Senate Plenary session. Then, it will be submitted to the President for

There’s Money for Plebiscite & Budget Sec. Abad’s letter to Comelec Chairman Brillantes

salvador d. flor

A QuESTION

OfPrIVILEgE

Even before Jesus was arrested on what could be described today as a frivolous charge of claiming to be the son of God, his enemies among the Jewish authorities were almost certain he would be meted out the capital punishment.

The Jewish high priests, alarmed by Jesus preaching and increasing popularity among the local inhabitants, had prepared their own followers for a showdown with Jesus’ multitudes.

Proof was when Pontius Pilate presented the blooded Jesus to those who came for the trial and asked them who should be set free-Jesus or the convicted murderer Barrabas-they howled for Jesus blood and the freedom of Barrabas.

Pilate, afraid to antagonize the high priests, the powerful local authorities, who were behind the mob’s anti-Jesus stance, signed the death sentence. But not before he washed his hands in public to show he had nothing to do with his death.

Pilate was pictured by some Bible scholars as a man more interested in justice. But an Alexandrian Jewish writer, Pilo, said Pilate was a merciless man. Pilo was a contemporary of Jesus.

From the time Jesus was taken into custody to his crucifixion at Mt. Golgotha, the trial could be labeled as a kangaroo court proceedings. He was denied all his

rights as an accused. The trial was speedy but not impartial. At the start of the hearing, he was presumed guilty. He was not informed of the accusations against him nor assisted by counsel nor allowed to confront the witnesses against him.

The high priests where Jesus was taken conducted a mock trial. Interested only in destroying him, they sentenced him to death. But since only Pilate as Roman governor had the sole power to enforce the death verdict, they took him there.

The whole trial lasted for only a few hours from the time Jesus stood before the high priests, before Pilate, before Herod Antipas and before Pilate again.

The hours immediately before the crucifixion were the worst. Repeatedly flogged by soldiers with iron chains and forced to carry a heavy cross up to

The kangaroo trial of Jesus

NENITA FuENTEBELLA-PEÑONES

frommy

window

Weekly ReflectionFR. ALLAN S. FENIX

Life to LifeFor sure, this is just an ordinary everyday scene.

Once a week, while I was doing volunteer duty at a nearby public hospital to cover in behalf of the assigned chaplain, who is having a day-off, and while I was standing by the chaplaincy office door, I was struck by what I saw whereby while a gravely sick person on a gurney was being wheeled towards the operating room, his wife, walking by the side with a very concern and worried look on his face, was holding firmly one of his foot trying to give his husband the encouragement that he badly needed.

By the looks of the wife, she was clearly on edge to what her husband is about to undergo. She was all alone. I did not see anyone besides her like a child, loved one or a friend, perhaps. However, she was being strong in order to communicate the hope of a new life to her husband after the operation.

The couple was clearly a Catholic. As the wife, while seated just outside the operating room, continually and silently was praying the rosary. In faith, I am sure her husband will be able to successfully go over the darkness of his illnesses, the operation, perhaps, the painful recovery period towards a new life of health.

We love ourselves. In case, we get sick, we do our best to fight and bring back our usual strength and health.

We all agree that health is a great wealth. On the other hand, for those who are sickly, we all knew how is it to be in bed weak and sick. It is, as if, being mercilessly thrown out at the other side of the fence.

In this kind of situation, seeing how others are in their pink of health, there are some who even undergo extreme form of self pity. “How come I am this way while they are so happy and strong? “ It is, as if, death is just nearby .

As mortal humans, we have to accept a thousand and one limitations in our lives. Things such as many of our lingering illnesses, death... are all outside our control. Humankind, eversince, have been but were not able to crack its mysteries. It is just something outside and over the top for us.

What we can manageably do is to ask the help of someone who is equal to it and he is no other than the LIFE itself, God. He is the creator of everything and it is he, alone, who can be able to successfully confront them.

Whereas, we need to break all of our piggy banks to help find the cure to all of our medical conditions, we merely need faith to have the fulness of life in God.

“Be holy, as your heavenly Father is holy. “ Matthew 5:48 It is extremely advantageous to be a person of faith. For to be one is to be a lover of virtues. A person of faith is prudent, just, temperate, courageous. More so, he is rich in faith, hope and love. In short, he is a health-concious person who continually take good care of the temple of the Holy Spirit.

Just as our spiritual directors often advice that to maintain our state of grace, we have to avoid the places and occasions of sin. And so, in the same way, with regards to our health, to keep it for a lifetime, we have to avoid vices like excessive drinking, smoking, stress, eating.... Most of all, always maintain God nearby our side. This is our guaranteed total LIFE to LIFE experience.

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Bikol reporter 3april 8 - 14, 2012

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BICOL MEDIA fOruMZambales Congresswoman Mitos Magsaysay answers guestions from local newsmen during the Bicol Media Foum last Saturday (March 31), held at The Park Restaurant, Crown Hotel, Naga City. Shown in photo (L-R) Angie Daquis, station manager of Bombo

Radyo-Naga, Chris Bersabe, station manager of Energy-FM, Edwin Lara, news director of BBS-DWLV, Bicol Mail editor Joe Perez, Magsaysay and DWOK/PBN TV5 station manager Elmer Abad. Shown at left photo are the members of the local tri-media.

Alcala visits Catanduanes, graces Rodeo MasbateñoAgriculture secretary

Proceso J. Alcala, is set to visit the island province of Catanduanes on April 9 to 10 to turn over new agri-culture and fishery projects projects , farm equipment , fishing paraphernalia and other agricultural goods worth over P12.3M . He will also inspect existing projects , hold dialogue with various stakeholder, development partners, lo-cal investors and industry leaders and local officials headed by governor Joseph Cua .

The farm equipment to be turned over to farmers and/or irrigators association and LGUs under the counter- parting scheme - include the following: 1 unit 4WD mini- tractor worth P928,300 ; 2 units hand tractors P114,500

each; 1 rice thresher worth P108,575; 1 drum seeder worth P6,500, 1 seed cleaner worth P78,000; 7 units shal-low tube wells (STW) worth P75,000 each.

For selected vegetable and high value crops farm-ers the following will be given 2 bags organic rice seeds , and 150 bags organic fertilizers, assorted vegetable seeds seedling trays garden tools and UV film with an ag-gregate value of P226,600. A vermin culture production set worth P163, 000 will also be given to an irrigators as-sociation. The set includes a shredder, vermin worm, ver-min bed, carbonizer and ver-min tea brewer.

The LGUs of San Andres, Bato, Gigmoto, San Miguel, Virac and Bagamanoc will

HIZON

Hizon’s Words of Wisdom inspires uNEPians

DPWH exec laudedDream and make it come

true - the inspiring lines that summed up the commence-ment speech delivered by no less than International Broadcast Journalist and BBC Business News Pre-senter, Mr. Federico Jose M. Hizon during the University of Northeastern Philippines (UNEP) 64th Commence-ment Exercises held April 1 at UNEP Gymnasium.

Rico Hizon as he was fond-ly called delivered his speech so eloquently and moving that all eyes seemed to have been glued on his face - some fostering awe and admiration, some with unbelieving won-der and appreciation. Hizon convincingly conveyed the message that he wanted his audience to feel, and he did it with elegance and undaunted charisma.

The graduates listened in-tently to his humble experi-ence when he was just start-ing to build his dreams.

“Chores are forever. No matter how successful you are, even if one day you re-ceive an honorary degree like mine, you will still have to

make your bed every single day. I cannot imagine how my life would have turned out, if I didn’t learn the invaluable values that my parents have imparted to me, and throw in the little things, from tying my shoes, taking out the trash, separate the whites from the colored fabrics when I do the laundry.”

Hizon also pointed out that small errands and small jobs will mean a lot when you look back at them once you’ve reached the pinnacle of your success. “Small jobs leading to the great ones make the journey more interesting and the success, sweeter, Hizon added.

The international anchor has shared with deep pride how his first job as a crew at Mc Donald’s during his ju-nior and senior years in high school until his sophomore year in college, has helped him realize the value of hard work and perseverance. He even shared that he spent his summers mopping floors, flipping burgers and working the counter while his friends were out in the beach, having

the fun of their lives.But Hizon said, it’s all

worth it. Yes, it’s indeed all worth it especially now that he is enjoying an internation-al stature way ahead of his colleagues. Yet humble as he is, Hizon, remained down to earth, always believing that Filipinos can be world class in their own rights.

The secret he said to the graduating class of 2012 is “ability, adaptability, perse-verance, determination, opti-mism, listening and working as a team, are all necessary in becoming a successful per-son. And above all, Gradu-ates have faith in our Lord. He will guide us through the challenges and obstacles in our lives and he has a plan for each and every one of us.”

Inviting Hizon all the way from Singapore is truly worth all the effort. The messages he delivered are invaluable and will serve as the students guiding principles in becom-ing a true bloodied UNEPian who belong to the HOME OF GLOBAL ACHIEVERS.

NGO opens 4 farmerscomputer training centers

PAMPLONA, Cama-rines Sur --- The Libman-an Pulantuna Planters Fed-eration, Inc., (LPPFI) has opened recently its fourth Agri-Extension Computer Education Laboratory (A-EXCEL) in this town as part of its program to edu-cate farmers how to use computers for their farm-ing operations so that they will be competitive in to-day’s highly computerized market place.

Agustin III Z. Villadares, LPPFI president and execu-tive director said that aside from A-EXCEL Pamplona, which opened for business on March 7 this year, three other similar computer training centers are already operating in the towns of Pili, Libman-an, and Pasacao.

Villadares said that each LPPFI’s farmers training cen-ter has 15 units of desk top computers manned by a com-petent instructor, who will teach trainees in basic com-puter operations like word processing, spreadsheet, email and web browsing.

This A-EXCEL computer literacy course is accredited by the Technical Education and Skills Development Au-

thority (TESDA). Trainees who finish the four-days, 32-hours course are awarded a certificate of completion from TESDA, Villadares said.

Each batch of 15 trainees consists of one barangay of-ficial, five officers of People’s Organization (PO), four offi-cers of farmers’ cooperative, three children of farmers who are out-of-school youth (OSY), and one senior citi-zen, who should be residents of areas covered by LPPFI’s operation.

LPPFI is charging a mod-est registration fee that range from P500 for barangay of-ficial, P300 for PO/Coop officers, and P 150 for OSY and senior citizens. Trainees are given free lunch, training kits, and a lifetime 10 percent discount on other A-EXCEL services.

Villadares bared that aside from the four A-EXCEL cen-ters that are already operat-ing, more similar farmers computer training centers will soon rise in the towns of Calabanga, Gainza, Ra-gay, Daet, Tigaon, Canaman, Baao, Buhi, Nabua, San Fer-nando, and the cities of Naga and Iriga, all in Camarines

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CANAMAN, Cama-rines Sur - District Engi-neer Willard Kenneth I. Atutubo of the DPWH 1st Engineering District Of-fice of Camarines Sur, was recently commended with a Certificate of Recogni-tion by the DPWH Central Office for his efforts as the first among 16 Regional Offices, 182 District Engi-neering Offices, 6 Services, 5 Bureaus, and 22 Project Management Offices na-tionwide to submit a com-plete annual report on the rehabilitation, reconstruc-tion of damaged national roads and bridges, flood control and other miscel-laneous projects for CY 2011.

With manifold responsi-bilities in the district, Atu-tubo’s achievement is prob-ably part of being resolute in doing his work as a public

servant..Atutubo said that un-

der from 2010 to December 2011, all the projects for School Buildings and Priority Development and Assistance Fund (PDAF) were success-fully completed.

Atutubo also mentioned that the rehabilitation work on damaged national roads along Daang Maharlika- Si-pocot section with a fund al-location of P41 million, and Sipocot–Cabusao road with P24 million, and patching of cracks and pot holes are already finished, except for some minor work in some areas.

So far, all the projects for repair, squaring, vegetation control, riprap, and asphalt overlay along Andaya High-way are almost complete. The highway has a total length of 61 kilometers from Tagk-

Melchie E. Taghoy, a resident of Pajac-Abuno, Lapu-Lapu City, Cebu was named the grand prize win-ner of Sun Cellular’s Sunny Holidays Raffle Promo, a treat to its subscribers dur-ing the Christmas season. Melchie won two roundtrip tickets to Singapore from Airphil Express, a Black-berry 9780 unit, one Sun Cellular Superloaded SIM and three call cards of Sun Call & Text Unlimited 450 prepaid load.

Melchie claimed her prize at The Sun Shop, Gai-sano Grand Mall Mactan. With her during the award-ing was Banjo Visarra, National Distributor Sales Region Head for Central Visayas and Marian Ognoc, Sun Shop Branch Officer-in-Charge.

Melchie is a housewife

Cebuano is Sun Cellular’s grand Prize Winner

with three young children. Her husband, Roger works as a cook at 168 Ramen House, Banilad, Cebu. Melchie has been a solid Sun subscriber for two years now and regu-larly loads Sun Call and Text Combo 10. She frequently calls her siblings, also Sun users, who are based in Ca-gayan de Oro and Ormoc City. “The affordable pre-

paid loads allow me to eas-ily contact my siblings and other family members who are far away,” she said in Ce-buano. With Sun Cellular’s strengthened signal in Mind-anao back by PLDT, connect-ing with her loved ones is so much easier.

Surprised with her win, Melchie was hesitant to be-lieve the text messages she

received notifying her that she had won. “I was afraid that someone was tricking me. I never dreamt of win-ning the grand prize, but yet here it is in my hands,” she added.

Melchie said she plans to use her Blackberry 9780 and maybe give her old cell phone to her husband who doesn’t own one. And with affordable prepaid loads from Sun Cellular, she can continue to make unlimited connections with friends and family in Cebu or anywhere in the Philippines.

Sun Cellular is one of the country’s fastest growing telecommunications compa-nies. Its products vary from prepaid to postpaid plans to broadband. Sun Cellular is part of the PLDT Group.

Bikol reporter4 april 8 - 14, 2012

inner chessBy J. HENRy DANICAN

ETCETERA

Remembering HolyWeek of yesteryears

Times have changed tremendously. People too. And practices. It seems we can’t do anything about changes. We are now in the modern era. And we have to accept the changing times. It is but timely, however, to reminisce the past and probably, us, who are not young anymore, can derive pleasant memories. We do not condemn though the modernity of the period. In fact, we live with it.

Holy week, years back, had always been holy. It started with Palm Sunday when a Christian goes to church to have palms blessed on the belief that the palm blessed can spare him from disaster. They were just simple palms plucked from olive palm trees that grow in the backyard. Today, palms are very decorative and can be bought by the churchyard for some few pesos. And some ‘entrepreneurs’ sure make a killing selling these ‘palms’ now made of coconut leaves. From then on, the rest of the week is one week of sacrifi ces, no movies, no outings, just days of prayers and fasting and abstinence. Holy Wednesday meant joining the procession that lasted from some three hours passing the major roads and reciting the holy rosary endlessly. The same thing happened on Good Friday and one even joined two processions, one in the afternoon after the Seven Last Words and another one late in the evening. Called Soledad one joined the procession in bare foot. If it is not sacrifi ce, I don’t know what is. And as one joined these processions, he was to pray while negotiating a long walk. It is only on Easter Sunday when the ‘fun’ begins. It meant going to the beach for a swim or attending a home coming or a reunion and expected are lots of eating and chatting and drinking, what-have-you.

Holy Week now is different. It has become a whole week of anything-goes-fun like endless outings, drinking, singing and dancing and just about anything in the name of fun. Weeks or even months back before the Holy Week, already calendared are the trips to Boracay, Puerto Galera, Caramoan, HongKong or even Europe for those who are really moneyed. It also means a lot o shopping and bar hopping, etc. Who cares about going to the church, attending recollections and mass and joining processions, and praying the holy rosary.

Anyway, what matters now is Holy Week is still celebrated, never mind how differently it is celebrated than before. Being spiritual means not exactly doing the ritual of yesteryears. It means keeping into one’s heart what well-meaning Christians should be doing. Sacrifi ce in the manner you can do it. Do your unfortunate neighbors good. Share with those what you have to your neighbors who have none and don’t talk of charity work. Talk to your Maker and tell Him you are sorry for the offenses you have committed against Him and your neighbors. Be true to yourself and remember Christ died for you and remember too that you are dust and unto dust you will return.

If Christ died for you, for me, for all, let us remember He also resurrected for you and for me, for all.

Happy Easter everyone! Email [email protected]

jokee BOTOR-REyES

pell-Mell

CLASS SuMMITuniversity of Nueva Caceres High School Batch ‘68 had their Class Summit 2012, Wednesday (April 4) at the Peñafrancia Resort, Bgy. Carolina, Naga City with classmates from this city and environs attending. In the same gathering, members of the association agreed that the next Class Summit will be held on September. Shown in photo (First row L-R): Soledad Tancueco-Ama, Concepcion Baldesco-Tosoc, Bernardita Daniel-Apongol, Evangeline Cabalquinto, Cynthia Madera-Vargas, Angel Tan. (Second row L-R): Romulo A. Felix, Edilberto S. Puncia, Jose Manuel R. Gallenito, Mother Rosalina Enciso, D.M., Emelita Bedural-Abrazaldo, Maria Josephine Crescini, Ma. Cecilia Blacer-

Parada, Myrna Buelva-Macaraig, Nelia Cataneo-Arcilla, Marilou Reyes-Bermudo, Ruben F. Babar, Raul A. Ramos, Godofredo P. Era. (Third row L-R): Mateo C. Pacia, Orlando N. Olavere, Danilo C. Manalang, Prudencio R. Ama, Antonio T. Aberca Jr.. (Last row, L-R): Celedonio O. Basmayor Jr., Salvador S. Co, Siervo L. Manlagñit, Eduardo A. Brazal, Horacio B. Llamas, Benjamin Martinez, Marciano M. Macaraig, Manuel I. de Mesa, Ely B. Dasico, Enrico P. Tosoc, Elmer G. Platon and Nilo A. Reyes. (Not shown in photo): Felisa R. Calleja, Remigio A. Antonio, Benjamin S. Decena, Felicito A. Sambo, Antonio T. Tapang, Ernesto A. Sancho, Dante P. Monserate, Romulo P. Torres and Conrado S. de Guzman.

RuBAR

Golgotha, Jesus, however, endured them in silence.At Golgotha, Jesus was nailed on the cross and hoisted up.

For six hours, from 9 am to 3 pm, he stayed there between two convicted thieves. The soldiers placed a sign above his head which read: Jesus of Nazareth, King of the Jews.

That was the offi cial charge, written in three languages, according to the Gospel.

Why did Pilate and his Jewish collaborators put Jesus to death? The answer was in their belief that Jesus as a religious political rebel was bent on destroying the Roman Empire and changing the social structure in Jerusalem.

The social change in Jerusalem would mean to the Jewish high priests the loss of their privileges and sources of income.

The Jews, not Pilate, were blamed for the death of Jesus, according to some scholars. The Jews were called deicide, a term which means people who killed God. The belief had given Christians the motives to kill Jews.

One result of this belief was Hitler Nazi Holocaust, the extermination of millions of Jews in Europe.

None of the four evangelists wrote a detailed chronicle about Jesus death. Their real interest was in the theological signifi cance to Christians and how the death occurred.

The four evangelists were Mark, Mathew, John and Luke. Their accounts were the only ancient sources of who killed Jesus. All of them said Jesus was arrested, tried and sentenced to death by crucifi xion.

Crucifi xion was a Roman punishment for slaves and rebels around the fi rst century AD. The usual Jewish mode was death by stoning.

Christians believed that Jesus death was a knowing and willing sacrifi ce, meaning he probably knew he would die by the most horrible way. His death was foretold in the Jewish Bible.

a Question of . . .

Bikol reporter4 april 8 - 14, 2012

their recreational activities.The former solon also vis-

ited the town of Magarao and was warmly welcomed by 150 barangay offi cials who escort-ed him in the town’s Central School to check the re-roofi ng and renovation of its ceilings and windows.

Also from the initiative of Zubiri, a modern day care

vice govs group hails . . .center was constructed at Ba-rangay San Vicente, in Pili and the same facility at the Sta. Justina Elementary School in Buhi, and another one at Ba-rangay Poblacion in Nabua, all located in this province.

He also visited the on- go-ing construction of perimeter fence in Central Bicol State University of Agriculture

(CBSUA), formerly Cama-rines Sur State Agricultural College (CSSAC) located in San Jose, Pili, Camarines Sur. He also donated multicabs to the town of Baao under the headship of Mayor Melquia-des Gaite.

awayan, Quezon boundary to Sipocot junction in Cam Sur.

The district with 91 kilome-

dpwh exec lauded . . .ters of national roads to main-tain includes the municipalities of Ragay, Del Gallego, Lope, Cabusao, and Sipocot.

However, Atutubo is ap-pealing to the vehicle owners not to use the road shoulders along the national highway as their “permanent parking,” since they are traffi c hazards to the motorists. “Let us save lives,” he said.

Bikol reporter 5april 8 - 14, 2012 BIKOL REPORTER 5APRIL 8 - 14, 2012

EXCERPTS FROM THE MINUTES OF THE 3RD REGULAR SESSION OF THE SANGGUNIANG BAYAN OF BALATAN, CAMARINES SUR, HELD JANUARY 30, 2012 AT THE MUNICIPAL SESSION HALL.

PRESENT:HON. GERALD B. NOLASCO Vice-Mayor/Pres. Officer

SB MEMBERS:HON. AURORA I. CUARTO HON. JORGE Z. PARAÑAL JR.HON. MA. ISABEL B. BORJA HON. WENEFREDO R. MEDIADOHON GABRIEL R. HUAB HON. NELSON C. BALATANHON. FRANCISCO F. ADUVISO JR. HON. ERNESTO BALATANHON. SHIRLYN B. NOLASCO

ABSENT:HON. AQUILINO C. SILVANO

_________________________________________________________

MUNICIPAL ORDINANCE NO. 2012-001(a)

ENACTING THE 2012 REVISED REVENUE CODE OF THE MUNICIPALITY OF BALATAN.

WHEREAS, SECTION 129, BOOK II ,TITLE ONE, CHAPTER 1, RA 7160 - provides that each local government unit shall exercise its power to create its own sources of revenue and to levy taxes, fees, and charges subject to the provisions herein, consistent with the basic policy of local autonomy;

WHEREAS, with the approval and effectivity of RA 7160 otherwise known as “The Local Government Code of 1991,” the municipality of Balatan had passed many Tax Ordinances & had it codified as the 1993 Revised Revenue Code;

WHEREAS, for almost 19 years, said tax ordinance/code had never been revised, updated and/or amended accordingly, hence, in order to adopt with the present and existing economic condition, it is deemed proper and reasonable that revision of the same is deemed proper and in order;

NOW, THEREFORE, on motion of Hon. Francisco Aduviso, Collectively seconded by all SB Members present, be it -

RESOLVED, as it is hereby resolved to enact an Ordinance levying, im-posing and collecting of taxes, fees, charges, rentals, grant of privileges and other impositions within the jurisdiction of this municipality.

Be it ordained by the Sangguniang Bayan of the municipality of Bala-tan, Camarines Sur in session assembled, that:

CHAPTER IGENERAL PROVISIONS

ARTICLE A. Short Title and Scope

Section 1.A. 01. Short Title. This Ordinance shall be known as the 2012 Revised Revenue Code of the Municipality of Balatan, Province of Camarines Sur.

Section 1.A. 02. Scope and Application. This Code shall govern the levy, imposition and collection of taxes, fees, charges, rentals, grant of privileges and other impositions within the territorial jurisdiction of this municipality.

ARTICLE B. Construction of Provisions

Section 1.B. 01. 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 1.B. 02. 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 un-derstood according to the common and approved usage of the lan-guage; but the technical words and phrases and such other words in this Code which may have acquired a peculiar or appropriate mean-ing shall be construed and understood according to such technical, peculiar or appropriate meaning.

b.) Gender and Number. Every word in the Code importing the mascu-line gender shall extend to both male and female. Every word im-porting the plural number shall apply to several persons or things as well; and every word importing singular 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 maybe 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 speci-fied.

f.) Conflicting Provisions of the Chapters. If the provisions of the dif-ferent 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.

ARTICLE C. Definition of Terms

Section 1.C. 01. Definitions. When used in this Code;

1. Advertising Agency - includes all persons who are engaged in the business of advertising for others by means of billboards, posters, placards, notices, signs, directories, pamphlets, leaflets, handbills, electric or neon lights, airplanes, balloons or other media, whether in pictorial or reading form.

2. Agricultural Products – include the yield of the soil, such as corn, rice, wheat, coconuts, sugarcane, tobacco, root crops, vegetable, fruits. Flowers and their by-products; ordinary salt, all kinds of fish; poultry; livestock and animal products, whether in their original form or not.

The phrase “whether in their original form of not” refers to the trans-

formation of said products, by the farmer, fisherman, producer or owner through the application of processes to preserve or otherwise to prepare said product for the market such as freezing, drying, salting, smoking, or stripping for purposes of preserving or otherwise preparing said prod-ucts for the market, to be considered an agricultural product whether in its original 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 techno-logical means in packaging like dressed chicken or ground coffee in plas-tic bags or styrofoam or other packaging materials intended to process and prepare the products for the market

The term by-product 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;

3. Amusement – is a pleasurable diversion and entertainment. It is syn-onymous to relaxation, avocation, pastime or fun.

4. Amusement Places – include theaters, cinemas, concert halls, cir-cuses and other places of amusement where one seeks admission to entertain oneself by seeing or viewing the show or performance.

5. Assembler – a person or persons engage in the process of putting together the parts of the machine, etc, especially where such part of machine is made in great numbers to be interchangeable.

6. Astray Animal – means an animal which is set loose or not under complete control of the owner or the one in charge or in the pos-session thereof or found in the streets and public or private places whether fattened or not.

7. Banks and other Financial Institutions – includes non-bank financial intermediaries, lending investors, finance and investment compa-nies, pawnshops, money shops. Insurance companies, stock markets, stockbrokers and dealers in securities and foreign exchange as de-fined under applicable law or rules and regulations there under.

8. Barangay Clearance on Business Establishments – the document is-sued by the Barangay Captain or his representative certifying that the applicant has complied with the necessary requirements.

9. Barangay Micro Business Enterprise (BMBE) – shall refer to any busi-ness entity or enterprises engaged in the production, processing or manufacturing of products or commodities, including agro-process-ing, trading and services, whose total assets, including those arising from loans but exclusive of the land of which the particular business entity’s office, plant and equipment are situated shall not be more than Three Million Pesos (3,000,000.00) subject to review and up-ward adjustment by the Small and Medium entrepreneur Develop-ment Council, as mandated under Republic Act 6777 as amended by the Republic Act 8289. A BMBE shall include owning such business entity/enterprise, partnership, cooperative, corporation, association or other entity incorporated and/or organized and existing under Philippine Laws and registered with the office of the treasurer, this municipality, in accordance with the implementing rules and regula-tions.

10. Bet taker and/or Promoter – refers to individual who alone or with another, initiates a cockfight or calls and takes care of bets from own-ers of both game cock and those of other bettors before he orders commencement of the cockfight and thereafter distributes won bets to the winner after deducting a certain commission.

11. Breeder- a person who raises game fowls for cockfighting or com-mercial purposes with no less than two rosters and four hens or their hatching eggs.

12. Broker – Shall mean any person who for commission or other com-pensation, undertakes to sell or negotiate the sale of a real estate belonging to another.

13. 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 li-quors, whose daily production does not exceeds two hundred gauge liters.

14. Business – means trade or commercial activity regularly engaged in as a means of livelihood or with a view to profit.

15. Business Agent – includes all persons who act as agents of other in the transaction of business with any public officer, as well as those who conduct collecting, advertising, employment or private detec-tive agencies.

16. Capital – signifies the actual estate, whether in money or proper-ty owned by an individual or corporation; it is a fund with which it transacts its business; which would be liable to each creditor, and which in case of insolvency passes to a receiver.

17. Capital Investment – is the capital that a person employs in any un-dertaking, or which he contributes to the capital of a partnership, corporation, or any other juridical entity or association in a particular taxing jurisdiction.

18. Charges – refers to pecuniary liability, as rent or fees against persons or property;

19. Closed Season – refers to the period during which fishing is prohib-ited in a specified area or areas in Philippine water, or to the period during which the catching or gathering of specified species of fish or fishery/aquatic products or the use of specified fishing gears to catch or gather fish or fishery/aquatic product is prohibited.

20. Contractor – includes persons, natural or juridical, not subject to pro-fessional tax under section 159 of RA No. 7160 otherwise known as Local Government Code of 1991, whose activity consists 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 the Ordinance, the term “Contractor” shall include general engineering, general building and specialty contractors as defined under applicable laws; filing, demolition and salvage works contractors; propri-etors 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 power; proprietors or operators of smelting plants; engraving, plating, and plastic lamination establishments; propri-etors or operator of establishments for repairing, repainting, upholster-ing, washing or greasing of vehicles, heavy equipment, vulcanizing, re-capping and battery charging; proprietor or operators of furniture shops and establishments for planning or surfacing and recutting of lumbers, and sawmills under contract to saw or cut logs belonging to others, pro-prietors or operators of dry-cleaning or dyeing establishments, steam laundries, and laundries 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 contrivance; proprietors or operators of establishments or lots for parking purposes; proprietors or operators of tailor shops, drillers and hatters, beauty parlors, barbershops, massage clinics, sauna, Turkish and Swedish baths, slenderizing and building saloons and similar establishments; photographic studios; funeral parlors; proprietors or op-erators of hotels, motels and lodging houses; proprietors or operators of arrastre and stevedoring, warehousing, or forwarding establishments, master plumbers, smiths, and house of sign painters; printers, bookbind-ing, lithographers; publishers except those engaged in the publication or printing of any newspapers magazine, review or bulletin which ap-pears at regular intervals with fixed prices for subscription and sale and business agents, private detective or watchman agencies, commercial and immigration brokers, and cinematographic film owners, lessors and distributors.

21. Corporation - includes partnership, no matter how created or or-ganized, joint stock companies, joint accounts, (cuentas en Partici-pacion), 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 en-gaging in petroleum, coal, geothermal and other energy operations or consortium agreement under a service contract with the govern-ment.

22. Dealer – means one whose business is to buy and sell merchandize, goods and chattels as a merchant. He stands immediately between the producer and consumer and depends for his profit not upon the labor that he bestows upon his commodities but upon the skill and foresight with which he watches the market.

23. Dealer – (as used in Article - : fees for verification and Inspection of Subdivision) shall mean any person directly engaged as principal in the business of buying, selling or exchanging real estate whether on a fulltime or part-time basis.

24. Developer – Shall mean the person who develops or improved the subdivision project for and in behalf of the owner thereof.

25. Disco Pub – 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.

26. Economic Housing - a type of housing project provided to moder-ately and low-income families with lower interest rates and longer amortization period.

27. 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.

28. Forest Product – means timber, pulp-wood/chipwood, firewood, fuel wood and minor forest products such as bark, tree tops, resins, grun, wood, oil, honey, beeswax, nipa, rattan or other forest growth such as grass, shrub, and flowering plants, the associated water, fish, sce-nic, historical recreational, and geological resources in forest land.

29. Forest Land – include the public forest, the permanent forest or the forest reserves and forest reservations.

30. Film Making – When used in this Code, refers to taking or shooting motion pictures for film industry, commercials, product promotions and advertisement, utilizing the cinematic view within the territorial jurisdiction of the municipality of Balatan, Cam. Sur.

31. Fire Hazard – any condition or act which increase the probability of the occurrence of fire or which may obstruct, delay, hinder or in-terfere with fire fighting operation and the safeguarding of life and property.

32. Fish and Fishery/Aquatic Products – fish includes all fishes and other aquatic animals such as crustaceans (crabs, shrimps and lobsters) mollusks (clams, mussels, scallops, oysters, snails and other shell-fish). Fishery/Aquatic products include all other products of aquatic living resources in any form.

33. Fishery Industry – includes fish producers, fish processors, fish trad-ers, both wholesalers and retailers and owners of refrigerating and cold storage plants serving the industry.

34. Franchise – is a right or privilege with public interest that is conferred upon private persons or corporations, under such terms and condi-tions as the government and its political subdivisions may impose in the interest of public welfare, security and safety.

35. 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 ser-vices and deposits or advance payments actually received during the taxable year for the services performed for another person excluding discounts if determinable at the time of sales, sales return excise tax and value-added tax (VAT).

36. Gaffer (Taga-tari) – is a person knowledgeable in the art of arming fighting cock with the gaffs on one or both legs.

37. Gaff wound Healer – refers to a person who applies medicine or cures wounded fighting cocks.

38. Levy – means an imposition or collection of an assessment, tax, fee charge or fine.

39. License or Permit - the authority granted to an applicant by the duly constituted authorities of the Local Government Unit in the opera-tion and maintenance of business establishment.

40. Locational Clearance – a clearance issued to a project that is allowed under the provision of the comprehensive Zoning Ordinance of the

Bikol reporter6 april 8 - 14, 2012BIKOL REPORTER6 APRIL 8 - 14, 2012

municipality of Balatan as well as other standards, rules and regula-tions of Land Use.

41. Main Streets – are streets continuously and regularly used for all type of vehicular traffic as distinguished from alleys and narrow tra-versing streets.

42. Manufacturer – includes every person who, by physical or chemical process, alters the exterior textures of form or inner substance of any raw material or manufactured or locally manufactured or partially manufactured product in such manner as to prepare it for special use or uses to which it could not be brought back to its original condi-tions or who by any such process alters the quality of any such raw material or manufactured or partially manufactured products so as to reduce it to marketable shape or prepare it for any of the use of industry, or who by any such process, combines any such raw mate-rial or manufactured or partially manufactured products with other materials or products of the same or of different kinds and in such manner that the finished special use or uses to which raw material or manufactured product in their original condition could not have been put and who in addition, alters such raw materials or manu-factured or partially manufactured products or combines the same to produce such finished products for the purpose of their sale or distribution to others.

43. Marginal Farmer or Fisherman – refers to an individual 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 (Php 50,000.00) or the poverty line established by NEDA for the particular region or locality, whichever is higher.

44. Market Premises – refers to an open space in the compound, part of market lot consisting of bare ground, not covered by market build-ings, usually occupied by transient vendors specially during market days.

45. Memorial Park - shall mean a privately owned cemetery provided with a systematic supervision and maintenance and where park-like atmosphere in its outstanding quality.

46. Motor Vehicle - means any vehicle propelled by any engine using the public road, but excluding road rollers, trolley cars, street sweep-ers, sprinklers, lawn movers, bulldozers, graders, forklifts, amphibian trucks and cranes if not used on public roads, vehicles which run only on rails or tracks and tractors, trailers and traction engines of all kinds used exclusively for agricultural purposes.

47. Municipal Waters – include not only streams, lakes and tidal waters within this municipality, not being the subject of private ownership, and not comprised within national parks, public forest, timber lands, forest reserves, or fishery reserves, but also marine waters included between two (2) lines drawn perpendicular to the general coastline from points where the boundary lines of the municipality to the sea at low tide and a third parallel with the general coastline and fifteen kilometers from it.

48. Operator – refers to manager, administrator or any other person who operates or is responsible for the operation of a business establish-ment and/or public utility vehicle or any undertaking.

49. Peddler – means any person who either for himself or on commis-sion, travel 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 Code.

50. Person – means every natural or juridical being susceptible of right and obligations or of being the subject of legal relations.

51. Proprietor – refers to any person who has legal rights of possession over any business establishment operating in this municipality.

52. Public Market – refers to any place, building or structure designated as such by the Sangguniang Bayan, except public street, plazas, parks and the like.

53. Privilege – means a right or immunity granted as a peculiar benefit, advantage or favor.

54. Referee in Cockfighting (Sentenciador) – refers to a person who watches and oversees the proper gaffing of fighting cocks. Determine the physical condition of fighting progress, the injuries sustained by the cock and their capability to continue fighting, decides and makes known his decision by word or gestures the result of the cockfight by announcing the winner or declaring a tie in a contest or game.

55. Rental – means the value of the consideration whether in money or otherwise given for the enjoyment or use of a thing.

56. Residents – refer to natural persons who have their habitual resi-dence in the province, city or municipality where they exercise their civil rights and fill their civil obligations and to juridical persons for which the law or any other provisions creating or recognizing them fixes their legal residence or principal place of business.

57. Residential Subdivision – a tract or a parcel of land partitioned pri-marily for residential purposes into individual lots with or without improvements thereon and offered to the public for the sale in cash or installment terms.

58. Retailer – refers to a person or persons engaged in selling small quan-tity or parcel of goods directly to the ultimate consumer, where the purchaser buys the commodity for his own consumption irrespective to the commodity sold.

59. Salesman – (as used in Article ___: Fees for Verification and Inspec-tion of Subdivision) – shall refer to the person regularly employed by a broker to perform, for and in his behalf, any or all the functions of a real estate broker.

60. Revenue – includes taxes, fees and charges that a state or its political subdivisions collects and receives into the treasury for public pur-poses.

61. Rectifier – comprises every persons who rectifies, purifies, or refines distilled spirits or wine by any process other than by original or con-tinuous distillation from machine, wort, wash soap 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 mash tub, or keeps any other apparatus for the purpose of distilling spirits, or in any manner refining distilled spirits, shall also be regarded and as being engaged in the business of recti-fying.

62. Restaurant – refers to any place which provides food to the public and accept orders from them at a price. This term includes caterers.

63. Services – means the duties, work or functions performed or dis-charged by a government officer or by a private person contracted

by the government as the case may be.64. Socialized Housing – refers to housing programs and projects cover-

ing houses and lots or home lots only undertaken by the government or by private sector for the unprivileged and homeless citizens which shall include sites and services development, long term financing, liberalized terms or interest payments and such other benefits.

65. Storage – refers to safekeeping of agricultural/industrial products or other raw materials in warehouse or bodega.

66. Tax – means an enforced contribution, usually monetary in form, lev-ied by the law making body on persons and property subject to its ju-risdiction for the precise purpose of supporting government needs.

67. Terminal – shall mean the space with the required facilities in which one or more public utility are kept ready for hire to the public duly licensed for the purpose.

68. Vessel – includes every type of boat, craft, or other artificial contriv-ances used, or capable of being used, as a means of transportation on water.

69. Videoke – a computerized machine programmed with different kinds of songs used for entertainment in public or private places.

70. Wharfage – means a fee assessed against the cargo of a vessel en-gaged in foreign or domestic trade based on quantity, weight or mea-sured received and/or discharge by vessel.

71. Wholesaler – refers to a person or persons engage in 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 transac-tions, or those person or persons engaged in a wholesale trade.

72. Zoning – is the delineation of areas of districts that maybe put to specific uses and establishes limitation to apply in each land use dis-trict.

CHATER II. TAXES ON BUSINESS

ARTICLE A. Graduated Tax on Business

Section 2.A. 01 Imposition of Tax – There is hereby imposed on the following persons who establish, operate, conduct or maintain their re-spective business within the municipality a graduated business tax in the amounts hereafter prescribed.

(a.) On manufacturers, assemblers, repackers, processors, brew-ers, rectifiers and compounders of liquors, distilled spirits and wines or manufacturers of any article of commerce or whatever kind or nature in accordance with the following schedule:

Amount of Gross Sales/ReceiptsFor the Preceding Calendar Year:

Proposed Existing Less than 10,000.00 182.00 165.00 10,000.00 or more but less than 15,000.00 242.00 220.00 15,000.00 or more but less than 20,000.00 332.00 302.00 20,000.00 or more but less than 30,000.00 484.00 440.00 30,000.00 or more but less than 40,000.00 726.00 660.00 40,000.00 or more but less than 50,000.00 908.00 825.00 50,000.00 or more but less than 75,000.00 1,452.00 1,320.00 75,000.00 or more but less than 100,000.00 1,815.00 1,650.00 100,000.00 or more but less than 150,000.00 2,420.00 2,200.00 150,000.00 or more but less than 200,000.00 3,025.00 2,750.00 200,000.00 or more but less than 300,000.00 4,235.00 3,850.00 300,000.00 or more but less than 500,000.00 6,050.00 5,500.00 500,000.00 or more but less than 750,000.00 8,800.00 8,000.00 800,000.00 or more but less than 1,000,000.00 11,000.00 10,000.00 1,000,000.00 or more but less than 2,000,000.00 15,125.00 13,750.00 2,000,000.00 or more but less than 3,000,000.00 18,150.00 16,500.00 3,000,000.00 or more but less than 4,000,000.00 21,780.00 19,800.00 4,000,000.00 or more but less than 5,000,000.00 25,410.00 23,100.00 5,000,000.00 or more but less than 6,500,000.00 26,812.00 24,375.00 6,500,000.00 or more at a rate not exceeding forty one and a half percent (41 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 man-ufacturers of any article of commerce of whatever kind of nature other than those enumerated under paragraph (6) of this section.

(b.) On wholesalers, distributors or dealers in any article of commerce of whatever kind or nature in accordance with the following schedule:

Amount of Gross Sales/ReceiptsFor the Preceding Calendar Year:

Less than 10,000.00 20.00 1,000.00 or more but less than 2,000.00 36.00 2,000.00 or more but less than 3,000.00 55.00 3,000.00 or more but less than 4,000.00 79.00 4,000.00 or more but less than 5,000.00 110.00 5,000.00 or more but less than 6,000.00 133.00 6,000.00 or more but less than 7,000.00 157.00 7,000.00 or more but less than 8,000.00 182.00 8,000.00 or more but less than 10,000.00 206.00 10,000.00 or more but less than 15,000.00 242.00 15,000.00 or more but less than 20,000.00 303.00 20,000.00 or more but less than 30,000.00 363.00 30,000.00 or more but less than 40,000.00 484.00 40,000.00 or more but less than 50,000.00 726.00 50,000.00 or more but less than 75,000.00 1,089.00 75,000.00 or more but less than 100,000.00 1,452.00 100,000.00 or more but less than 150,000.00 2,057.00 150,000.00 or more but less than 200,000.00 2,662.00 200,000.00 or more but less than 300,000.00 3,630.00 300,000.00 or more but less than 500,000.00 4,444.00 500,000.00 or more but less than 750,000.00 7,260.00 750,000.00 or more but less than 1,000,000.00 9,860.00 1,000,000.00 or more but less than 2,000,000.00 11,000.00 2,000,000.00 or more at a rate not exceeding fifty five percent (55%) of one percent (1%)

The business enumerated in paragraph (a) above shall no longer be subject to the tax on wholesaler, distributors or dealers herein provided for.

(c.) On exporters and on manufacturers, millers, and producers of essential commodities enumerated hereunder as follows:

1.) Rice and corn;2.) Wheat or cassava flour, meat, dairy products, locally manufactur-

ers processed or preserved food, sugar, salt and other agricultural, ma-rine and fresh water products, whether in their original star or not;

3.) Cooking Oil and Cooking gas;4.) Laundry soap, detergents and medicines;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;8.) Cement

For purposes of this provision, the term exporters shall refer to those who are principally engaged in the business of exporting goods & mer-chandise as well as manufacturers and producers whose goods or prod-ucts 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 and half (1/2) of the rates prescribed under paragraph (a) (b) and (d) of this article.

(d.) On retailers

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

400,000.00 or less more 2% than 400,000.00 1%

The rate of two percent (2%) per annum shall be imposed on sale not exceeding Four Hundred Thousand Pesos (P 400,000.00) while the rate of one percent (1%) per annum shall be imposed on sales in excess of the first Four Hundred Thousand Pesos (P 400,000.00).

However, barangay shall have the exclusive power to levy taxes on store whose gross sales or receipts of the preceding calendar year does not exceed Thirty Thousand Pesos (P 30,000.00) subject to existing laws and regulations.

(a.) On contractors and other independent contractors, in accor-dance with the following schedule:

Amount of Gross Sales/Receipts For the Preceding Calendar Year: Less than 5,000.00 30.00 5,000.00 or more but less than 10,000.00 68.00 10,000.00 or more but less than 15,000.00 115.00 15,000.00 or more but less than 20,000.00 182.00 20,000.00 or more but less than 30,000.00 303.00 30,000.00 or more but less than 40,000.00 424.00 40,000.00 or more but less than 50,000.00 605.00 50,000.00 or more but less than 75,000.00 968.00 75,000.00 or more but less than 100,000.00 1,452.00 100,000.00 or more but less than 150,000.00 2,178.00 150,000.00 or more but less than 200,000.00 2,904.00 200,000.00 or more but less than 250,000.00 3,993.00 250,000.00 or more but less than 300,000.00 5,082.00 300,000.00 or more but less than 400,000.00 6,776.00 400,000.00 or more but less than 500,000.00 9,075.00 500,000.00 or more but less than 750,000.00 10,175.00 750,000.00 or more but less than 1,000,000.00 11,275.00 1,000,000.00 or more but less than 2,000,000.00 12,650.00 2,000,000.00 or more at a rate not exceeding fifty five percent (55%) of one percent (1%)

(f.) On Banks and other Financial Institution at a rate of fifty percent (50%) on one percent (1%) on the gross receipts of the preceding calen-dar year derived from interest, commission and discount 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 receipt not herein enumerated shall be excluded on the computation of tax.

(g.) On the business hereunder enumerated

(1.) On café, cafeterias, ice cream and other refreshment parlors, restaurants, soda fountain bars, carenderia of food caterers, bakery and bakeshops, or bugger machine two percent (2%) of the gross sales receipts of the preceding calendar year.

(2.) An amusement places, including places wherein customers thereof actively participate without making bets or wagers, including but not limits to night clubs, or day clubs, cocktail lounges, cabarets, or dance halls, KTV, videoke, karaoke and other sing-along establishments, comedy bars, skating rinks, bath houses, swimming pools, exclusive clubs such as coun-try and sports clubs, resorts and other similar places, billiard and pool tables, bowling alleys, circuses, carnivals, marry go rounds, roller coaster, ferries wheels, sewings, shooting gal-leries and other similar contrivances, theater and cinema houses, boxing stadia, race tracks, cockpits and other simila establishments.

(g.2a) On amusement places, with the following schedulesa.) On operators of amusement places such a day and night

clubs, resorts etc. 3,000.00b.) Internet Café 500.00 c.) Billiard or Pool Hall: 1st Table 55.00 2nd Table 22.00 d.) Resorts a.) 5 Cottages up 3,000.00

CHAPTEr

Bikol reporter 7april 8 - 14, 2012BIKOL REPORTER6 APRIL 8 - 14, 2012

municipality of Balatan as well as other standards, rules and regula-tions of Land Use.

41. Main Streets – are streets continuously and regularly used for all type of vehicular traffic as distinguished from alleys and narrow tra-versing streets.

42. Manufacturer – includes every person who, by physical or chemical process, alters the exterior textures of form or inner substance of any raw material or manufactured or locally manufactured or partially manufactured product in such manner as to prepare it for special use or uses to which it could not be brought back to its original condi-tions or who by any such process alters the quality of any such raw material or manufactured or partially manufactured products so as to reduce it to marketable shape or prepare it for any of the use of industry, or who by any such process, combines any such raw mate-rial or manufactured or partially manufactured products with other materials or products of the same or of different kinds and in such manner that the finished special use or uses to which raw material or manufactured product in their original condition could not have been put and who in addition, alters such raw materials or manu-factured or partially manufactured products or combines the same to produce such finished products for the purpose of their sale or distribution to others.

43. Marginal Farmer or Fisherman – refers to an individual 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 (Php 50,000.00) or the poverty line established by NEDA for the particular region or locality, whichever is higher.

44. Market Premises – refers to an open space in the compound, part of market lot consisting of bare ground, not covered by market build-ings, usually occupied by transient vendors specially during market days.

45. Memorial Park - shall mean a privately owned cemetery provided with a systematic supervision and maintenance and where park-like atmosphere in its outstanding quality.

46. Motor Vehicle - means any vehicle propelled by any engine using the public road, but excluding road rollers, trolley cars, street sweep-ers, sprinklers, lawn movers, bulldozers, graders, forklifts, amphibian trucks and cranes if not used on public roads, vehicles which run only on rails or tracks and tractors, trailers and traction engines of all kinds used exclusively for agricultural purposes.

47. Municipal Waters – include not only streams, lakes and tidal waters within this municipality, not being the subject of private ownership, and not comprised within national parks, public forest, timber lands, forest reserves, or fishery reserves, but also marine waters included between two (2) lines drawn perpendicular to the general coastline from points where the boundary lines of the municipality to the sea at low tide and a third parallel with the general coastline and fifteen kilometers from it.

48. Operator – refers to manager, administrator or any other person who operates or is responsible for the operation of a business establish-ment and/or public utility vehicle or any undertaking.

49. Peddler – means any person who either for himself or on commis-sion, travel 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 Code.

50. Person – means every natural or juridical being susceptible of right and obligations or of being the subject of legal relations.

51. Proprietor – refers to any person who has legal rights of possession over any business establishment operating in this municipality.

52. Public Market – refers to any place, building or structure designated as such by the Sangguniang Bayan, except public street, plazas, parks and the like.

53. Privilege – means a right or immunity granted as a peculiar benefit, advantage or favor.

54. Referee in Cockfighting (Sentenciador) – refers to a person who watches and oversees the proper gaffing of fighting cocks. Determine the physical condition of fighting progress, the injuries sustained by the cock and their capability to continue fighting, decides and makes known his decision by word or gestures the result of the cockfight by announcing the winner or declaring a tie in a contest or game.

55. Rental – means the value of the consideration whether in money or otherwise given for the enjoyment or use of a thing.

56. Residents – refer to natural persons who have their habitual resi-dence in the province, city or municipality where they exercise their civil rights and fill their civil obligations and to juridical persons for which the law or any other provisions creating or recognizing them fixes their legal residence or principal place of business.

57. Residential Subdivision – a tract or a parcel of land partitioned pri-marily for residential purposes into individual lots with or without improvements thereon and offered to the public for the sale in cash or installment terms.

58. Retailer – refers to a person or persons engaged in selling small quan-tity or parcel of goods directly to the ultimate consumer, where the purchaser buys the commodity for his own consumption irrespective to the commodity sold.

59. Salesman – (as used in Article ___: Fees for Verification and Inspec-tion of Subdivision) – shall refer to the person regularly employed by a broker to perform, for and in his behalf, any or all the functions of a real estate broker.

60. Revenue – includes taxes, fees and charges that a state or its political subdivisions collects and receives into the treasury for public pur-poses.

61. Rectifier – comprises every persons who rectifies, purifies, or refines distilled spirits or wine by any process other than by original or con-tinuous distillation from machine, wort, wash soap 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 mash tub, or keeps any other apparatus for the purpose of distilling spirits, or in any manner refining distilled spirits, shall also be regarded and as being engaged in the business of recti-fying.

62. Restaurant – refers to any place which provides food to the public and accept orders from them at a price. This term includes caterers.

63. Services – means the duties, work or functions performed or dis-charged by a government officer or by a private person contracted

by the government as the case may be.64. Socialized Housing – refers to housing programs and projects cover-

ing houses and lots or home lots only undertaken by the government or by private sector for the unprivileged and homeless citizens which shall include sites and services development, long term financing, liberalized terms or interest payments and such other benefits.

65. Storage – refers to safekeeping of agricultural/industrial products or other raw materials in warehouse or bodega.

66. Tax – means an enforced contribution, usually monetary in form, lev-ied by the law making body on persons and property subject to its ju-risdiction for the precise purpose of supporting government needs.

67. Terminal – shall mean the space with the required facilities in which one or more public utility are kept ready for hire to the public duly licensed for the purpose.

68. Vessel – includes every type of boat, craft, or other artificial contriv-ances used, or capable of being used, as a means of transportation on water.

69. Videoke – a computerized machine programmed with different kinds of songs used for entertainment in public or private places.

70. Wharfage – means a fee assessed against the cargo of a vessel en-gaged in foreign or domestic trade based on quantity, weight or mea-sured received and/or discharge by vessel.

71. Wholesaler – refers to a person or persons engage in 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 transac-tions, or those person or persons engaged in a wholesale trade.

72. Zoning – is the delineation of areas of districts that maybe put to specific uses and establishes limitation to apply in each land use dis-trict.

CHATER II. TAXES ON BUSINESS

ARTICLE A. Graduated Tax on Business

Section 2.A. 01 Imposition of Tax – There is hereby imposed on the following persons who establish, operate, conduct or maintain their re-spective business within the municipality a graduated business tax in the amounts hereafter prescribed.

(a.) On manufacturers, assemblers, repackers, processors, brew-ers, rectifiers and compounders of liquors, distilled spirits and wines or manufacturers of any article of commerce or whatever kind or nature in accordance with the following schedule:

Amount of Gross Sales/ReceiptsFor the Preceding Calendar Year:

Proposed Existing Less than 10,000.00 182.00 165.00 10,000.00 or more but less than 15,000.00 242.00 220.00 15,000.00 or more but less than 20,000.00 332.00 302.00 20,000.00 or more but less than 30,000.00 484.00 440.00 30,000.00 or more but less than 40,000.00 726.00 660.00 40,000.00 or more but less than 50,000.00 908.00 825.00 50,000.00 or more but less than 75,000.00 1,452.00 1,320.00 75,000.00 or more but less than 100,000.00 1,815.00 1,650.00 100,000.00 or more but less than 150,000.00 2,420.00 2,200.00 150,000.00 or more but less than 200,000.00 3,025.00 2,750.00 200,000.00 or more but less than 300,000.00 4,235.00 3,850.00 300,000.00 or more but less than 500,000.00 6,050.00 5,500.00 500,000.00 or more but less than 750,000.00 8,800.00 8,000.00 800,000.00 or more but less than 1,000,000.00 11,000.00 10,000.00 1,000,000.00 or more but less than 2,000,000.00 15,125.00 13,750.00 2,000,000.00 or more but less than 3,000,000.00 18,150.00 16,500.00 3,000,000.00 or more but less than 4,000,000.00 21,780.00 19,800.00 4,000,000.00 or more but less than 5,000,000.00 25,410.00 23,100.00 5,000,000.00 or more but less than 6,500,000.00 26,812.00 24,375.00 6,500,000.00 or more at a rate not exceeding forty one and a half percent (41 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 man-ufacturers of any article of commerce of whatever kind of nature other than those enumerated under paragraph (6) of this section.

(b.) On wholesalers, distributors or dealers in any article of commerce of whatever kind or nature in accordance with the following schedule:

Amount of Gross Sales/ReceiptsFor the Preceding Calendar Year:

Less than 10,000.00 20.00 1,000.00 or more but less than 2,000.00 36.00 2,000.00 or more but less than 3,000.00 55.00 3,000.00 or more but less than 4,000.00 79.00 4,000.00 or more but less than 5,000.00 110.00 5,000.00 or more but less than 6,000.00 133.00 6,000.00 or more but less than 7,000.00 157.00 7,000.00 or more but less than 8,000.00 182.00 8,000.00 or more but less than 10,000.00 206.00 10,000.00 or more but less than 15,000.00 242.00 15,000.00 or more but less than 20,000.00 303.00 20,000.00 or more but less than 30,000.00 363.00 30,000.00 or more but less than 40,000.00 484.00 40,000.00 or more but less than 50,000.00 726.00 50,000.00 or more but less than 75,000.00 1,089.00 75,000.00 or more but less than 100,000.00 1,452.00 100,000.00 or more but less than 150,000.00 2,057.00 150,000.00 or more but less than 200,000.00 2,662.00 200,000.00 or more but less than 300,000.00 3,630.00 300,000.00 or more but less than 500,000.00 4,444.00 500,000.00 or more but less than 750,000.00 7,260.00 750,000.00 or more but less than 1,000,000.00 9,860.00 1,000,000.00 or more but less than 2,000,000.00 11,000.00 2,000,000.00 or more at a rate not exceeding fifty five percent (55%) of one percent (1%)

The business enumerated in paragraph (a) above shall no longer be subject to the tax on wholesaler, distributors or dealers herein provided for.

(c.) On exporters and on manufacturers, millers, and producers of essential commodities enumerated hereunder as follows:

1.) Rice and corn;2.) Wheat or cassava flour, meat, dairy products, locally manufactur-

ers processed or preserved food, sugar, salt and other agricultural, ma-rine and fresh water products, whether in their original star or not;

3.) Cooking Oil and Cooking gas;4.) Laundry soap, detergents and medicines;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;8.) Cement

For purposes of this provision, the term exporters shall refer to those who are principally engaged in the business of exporting goods & mer-chandise as well as manufacturers and producers whose goods or prod-ucts 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 and half (1/2) of the rates prescribed under paragraph (a) (b) and (d) of this article.

(d.) On retailers

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

400,000.00 or less more 2% than 400,000.00 1%

The rate of two percent (2%) per annum shall be imposed on sale not exceeding Four Hundred Thousand Pesos (P 400,000.00) while the rate of one percent (1%) per annum shall be imposed on sales in excess of the first Four Hundred Thousand Pesos (P 400,000.00).

However, barangay shall have the exclusive power to levy taxes on store whose gross sales or receipts of the preceding calendar year does not exceed Thirty Thousand Pesos (P 30,000.00) subject to existing laws and regulations.

(a.) On contractors and other independent contractors, in accor-dance with the following schedule:

Amount of Gross Sales/Receipts For the Preceding Calendar Year: Less than 5,000.00 30.00 5,000.00 or more but less than 10,000.00 68.00 10,000.00 or more but less than 15,000.00 115.00 15,000.00 or more but less than 20,000.00 182.00 20,000.00 or more but less than 30,000.00 303.00 30,000.00 or more but less than 40,000.00 424.00 40,000.00 or more but less than 50,000.00 605.00 50,000.00 or more but less than 75,000.00 968.00 75,000.00 or more but less than 100,000.00 1,452.00 100,000.00 or more but less than 150,000.00 2,178.00 150,000.00 or more but less than 200,000.00 2,904.00 200,000.00 or more but less than 250,000.00 3,993.00 250,000.00 or more but less than 300,000.00 5,082.00 300,000.00 or more but less than 400,000.00 6,776.00 400,000.00 or more but less than 500,000.00 9,075.00 500,000.00 or more but less than 750,000.00 10,175.00 750,000.00 or more but less than 1,000,000.00 11,275.00 1,000,000.00 or more but less than 2,000,000.00 12,650.00 2,000,000.00 or more at a rate not exceeding fifty five percent (55%) of one percent (1%)

(f.) On Banks and other Financial Institution at a rate of fifty percent (50%) on one percent (1%) on the gross receipts of the preceding calen-dar year derived from interest, commission and discount 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 receipt not herein enumerated shall be excluded on the computation of tax.

(g.) On the business hereunder enumerated

(1.) On café, cafeterias, ice cream and other refreshment parlors, restaurants, soda fountain bars, carenderia of food caterers, bakery and bakeshops, or bugger machine two percent (2%) of the gross sales receipts of the preceding calendar year.

(2.) An amusement places, including places wherein customers thereof actively participate without making bets or wagers, including but not limits to night clubs, or day clubs, cocktail lounges, cabarets, or dance halls, KTV, videoke, karaoke and other sing-along establishments, comedy bars, skating rinks, bath houses, swimming pools, exclusive clubs such as coun-try and sports clubs, resorts and other similar places, billiard and pool tables, bowling alleys, circuses, carnivals, marry go rounds, roller coaster, ferries wheels, sewings, shooting gal-leries and other similar contrivances, theater and cinema houses, boxing stadia, race tracks, cockpits and other simila establishments.

(g.2a) On amusement places, with the following schedulesa.) On operators of amusement places such a day and night

clubs, resorts etc. 3,000.00b.) Internet Café 500.00 c.) Billiard or Pool Hall: 1st Table 55.00 2nd Table 22.00 d.) Resorts a.) 5 Cottages up 3,000.00

BIKOL REPORTER 7APRIL 8 - 14, 2012

b.) Less than 5 Cottages 1,500.00 c.) Others not specified above 1,000.00

3.) Boarding houses, pension houses, motels, apartments, apartelles and condominiums.

On Boarding Houses with the Accommodation for: Less than 10 boarders 55.00 10 to 19 boarders 85.00 20 to 29 boarders 110.00 30 to 39 boarders 165.00 40 or more boarders 220.00 (4.) On Lessor of houses, apartment and Accessoria, for bed

spacers or room for rent: Less than 10 bedspacers 55.00 Over 10 but less than 15 85.00 Over 15 but less than 20 110.00 Over 20 bedspacers 165.00 (5.) Cold storage with capacity of: Less than 5 cubic meters 37.00 Over 5 cu.m. but less than 10 cu.m. 61.00 Over 10 cu.m but less than 25 cu.m. 121.00 Over 25 cu.m but less than 40 cu.m. 182.00 Over 40 cu.m. 242.00

When used in this sub-section, total cold storage capacity means the capacity of the cold storage room, refrigerator case, ice box and similar store devices in a single place or establishment, all taken together.

(6.) On Privately owned public market and shopping malls with gross sales or receipts for preceding quarter in the amount of:

Less than 5,000.00 151.00 5,000.00 or more but less than 10,000.00 303.00 10,000.00 or more but less than 20,000.00 605.00 20,000.00 or more but less than 30,000.00 908.00 30,000.00 or more but less than 40,000.00 1,210.00 40,000.00 or more but less than 50,000.00 1,513.00 50,000.00 or more but less than 60,000.00 1,815.00 60,000.00 or more but less than 70,000.00 2,118.00 70,000.00 or more but less than 80,000.00 2,420.00 80,000.00 or more but less than 90,000.00 2,723.00 90,000.00 or more but less than 100,000.00 3,025.00 For every 1,000.00 in excess of P 100,000.00 24.00

(7.) On Real State dealers

(a) Subdivision operators .055/ sq. m.

The tax shall be computed on the basis of the total area of the re-maining lots titled in the name of the subdivision operator.

(b) Lessor of real Estate

With gross sales or receipts for preceding quarter in the amount of:

Less than 1,000.00 12.00 1,000.00 or more but less than 4,000.00 24.00 4,000.00 or more but less than 10,000.00 61.00 10,000.00 or more but less than 20,000.00 182.00 20,000.00 or more but less than 30,000.00 363.00 30,000.00 or more but less than 50,000.00 605.00 For every 1,000.00 in excess of 50,000.00 for real property other than residential purposes 6.00 property used for residential purposes 6.00

In case of newly started business of lessors of real estate the tax shall be P33.00

(8) On private cemeteries and memorial parks, per annum:Less than 2 hectares 575.00 2 hectares to 5 hectares 907.50 More than 5 hectares 1,210.00

(9) On the business dealer in fermented liquors, distilled spirits and or wine

(a) Retail dealer in domestic liquors 242.00(b) Retail dealer in fermented liquors 96.80(c) Retail dealer in vino liquors 66.00 (d) Wholesale dealers in fermented liquors 242.00 (e) Retail dealers in tuba, busi and or tapuy 110.00(f ) Wholesale dealer foreign liquors 968.00 (g) Wholesale dealer in domestic liquors 484.00

(10) On Tobacco Dealer:(a) Retail leaf tobacco dealers 66.00(b) Wholesale leaf, tobacco dealers 242.00(c) Retail tobacco dealers 66.00 (d) Wholesale tobacco dealers 242.00

(11) On operator of Rice and Corn Mills engaged in the milling of rice and corn belonging to the other persons.

With total capacity per machine in accordance with the following schedule:

Corn mill, not exceeding 100 cavans per 12 hours capacity 28.00Corn mill, exceeding 100 cavans per 12 hours capacity 36.00Kiskisan type, not exceeding 100 cavans of palay per 12 hours capacity 42.00Kiskisan type, exceeding 100 cavans of palay per 12 hours capacity 47.00Cono type, of not exceeding 100 cavans of palays per 12 hours capacity 121.00Cono type, of not exceeding 200 cavans of palays per 12 hours capacity 242.00Cono type, of not exceeding 300 cavans of palays per 12 hours capacity 363.00Cono type, of not exceeding 400 cavans of palays per 12 hours capacity 545.00Cono type, of not exceeding 500 cavans of palays per 12 hours capacity 787.00

Cono type, of not exceeding 600 cavans of palays Per 12 hours capacity 1,089.00Cono type, of not exceeding 700 cavans of palays per12hourcapacity 1,513.00Cono type, of not exceeding 800 cavans of palays Per 12 hours capacity 1,936.00Cono type, of not exceeding 900 cavans of palays per hours capacity 2,420.00Cono type, of not exceeding 1,000 cavans of palays per 12 hours capacity 2,904.00Cono type, of over 1,000 cavans of palays per 12 hours capacity 3,388.00

Rice and corn millers, who are also engaged in the business of whole-

saling, retailing of both of said cereals shall first secure Mayor’s Per-mit for the purpose. They shall have separate score space accessible to the public with a signboard stating that are retailing or wholesaling the aforesaid cereals and secure the necessary papers required of them by the National Food Authority and shall keep separate books of accounts for the two businesses.

(12) On any business, not otherwise specified in the preceding para-graphs, which the Sangguniang concerned may deem proper to tax. Pro-vided that on any business subject to the excise, value added or percent-age tax under the National Internal Revenue Code, as amended the rate of tax shall not exceed two percent (2%) of gross sales or receipts of the preceding calendar year.

(13) All cooperatives granted Tax exemption but are withdrawn un-der Section 193 of R.A. 7160 otherwise known as the Local Government Code of 1991. 1/10 of 1% based on the gross receipt of the preceding calendar year.

(14) Commission Agent(15) On travel agencies and travel agents(16) Hospitals, medical clinics, dental clinics, therapeutic clinics,

medical laboratories and dental laboratories.(17) Operators of Cable Network System(18) Operators of computer services establishments(19) Electrical Power Services(20) General consultancy services(21) All other similar activities consisting essentially of the sales of

services for a following:

Amount of Gross Sales/ReceiptsFor the preceding Calendar Year:

Less than 5,000.00 30.00 5,000.00 or more but less than 10,000.00 68.00 10,000.00 or more but less than 15,000.00 115.00 15,000.00 or more but less than 20,000.00 182.00 20,000.00 or more but less than 30,000.00 303.00 30,000.00 or more but less than 40,000.00 424.00 40,000.00 or more but less than 50,000.00 605.00 50,000.00 or more but less than 75,000.00 968.00 75,000.00 or more but less than 100,000.00 1,452.00 100,000.00 or more but less than 150,000.00 2,178.00 150,000.00 or more but less than 200,000.00 2,904.00 200,000.00 or more but less than 250,000.00 3,993.00 250,000.00 or more but less than 300,000.00 5,082.00 300,000.00 or more but less than 400,000.00 6,776.00 400,000.00 or more but less than 500,000.00 9,075.00 500,000.00 or more but less than 750,000.00 10,175.00 750,000.00 or more but less than 1,000,000.00 11,275.00 1,000,000.00 or more but less than 2,000,000.00 12,560.00 2,000,000.00 or more 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 but less than P12,560.00.

(22) On Poultry and Livestock a.) On commercial Piggery, per annum a.1) Fatteners 1.) Small-Fatteners above 10 heads But not more than 50 2,000.00 2.) Medium-Fatteners above 50 heads But not more than 100 2,500.00 3.) Large-Fatteners above 100 heads 3,000.00 a.2) Commercial Piggery for breeders of boar and sow 1,000.00 b.) On commercial Poultry b.1) On commercial poultry (broilers) per harvest 1.) With capacity of 100 heads But not more than 1,000 heads .25/head 2.) Above 1,000 heads .50/head b.2) On commercial Layers with capacity of 100 heads and above per harvest .50/head(23) On Lotto, Small Town Lottery per annum 10,000.00 (h) On peddlers engaged in the sale of any merchandise of

article commerce, at the rate of (not exceeding P100.00) per peddler annually. 50.00

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

*** Municipalities where route trucks make their delivery to custom-ers, may collect Annual Fixed Tax such as:

Mayor’s permit 200.00Regulatory Fees Jeepneys 100.00 Trucks/Vans 150.00

The tax herein imposed shall be payable within the first twenty (20) days of January. An individuals who will start peddle merchandise or ar-ticles of commerce after January 20 shall pay the full amount of the tax before engaging activity.

SECTION 2.A. 02 Presumptive Income Level - For every tax period, The Treasurer’s Office shall prepare a stratified schedule of “presump-tive income level” to approximate the gross receipts 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 computa-tion.

The indicators can be in the form of estimated daily sales/gross re-ceipts, average number of customers, estimates inventories, 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 and easy to quantify, verifiable, common for the business, and acceptable to both the LGU and the taxpayers.

SECTION 2.A. 03 Exemption – business engaged in the production manufacture, refining, distribution or sale of oil, gasoline and other pe-troleum products shall not be subject to any local tax imposed in this article.

SECTION 2.A. 04 Tax on Newly-Started Business – In the case of a newly started business under section, the tax shall be one-twentieth of one percent (1/20 of 1%) of the capital investment in the succeed-ing 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 hereof, as provided in the pertinent schedules in this article.

[The authority for this imposition is Section 186 of Local Government Code]

ARTICLE B. Situs of Tax

SECTION 2.B. 01 Situs of the Tax

(a.) For purpose 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 business appear-ing in the pertinent documents submitted to the Securities and Exchange Commission, or the Department of Trade and Industries, or other appro-priate 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 an-other City or Municipality, it shall be the duty of the owner, operator or manager on the business to give due notice of such transfer or reloca-tion to the local chief executive of the cities of municipalities concerned within fifteen (15) days after such transfer or relocation is effected.

2.) Branch or Sale Office – a fixed place in a locality which conducts operations of the business as an extension of the principal office. How-ever, 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 office as herein contemplated. A warehouse which accepts orders and/or issues sales invoices indepen-dent 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 issues sales invoices as aforementioned shall not be considered as a branch sales office.

4.) Plantation – A tract of agricultural land planted to trees or seed-ling whether fruit bearing or not, uniformly space or seeded by broad-cast methods or normally arranged to follow highest production. For purpose of this Article, inland fishing ground shall be considered as plan-tation.

5.) Experimental Farms – Agricultural lands utilized by a business or corporation conduct studies, tests, researcher or experiments involving agricultural, agri-business, marine or aquatic livestock, poultry, diary and other similar products for the purpose of improving the quality 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.) Sale Allocation1.) All sales made in a locality where there is branch or sales office

or warehouse 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 case where there is no 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 sales 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 planta-tion 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 of n municipality where the factory, project office, plant or plantation is located.

The sale allocation in (a) and (b) above shall not apply to experimen-tal 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 percent (70%) sales allocation shall be di-vided 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.

Bikol reporter8 april 8 - 14, 2012BIKOL REPORTER8 APRIL 8 - 14, 2012

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

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

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 par. (1) or (2) above of manufacturers or producers which engage the services of an independent contractor to produce or manu-facture 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 of the manufacturer’s products shall be considered as the factory or plant and warehouse of the manufacturer.

All sales made by the factory, project office, plant or plantation lo-cated in this municipality shall be recorded in the branch or sales office which is similarly located herein, and shall be taxable by this municipal-ity. In case there is no branch or sales office of warehouse in this munici-pality, but the principal office is located therein, the sales made in the said factory shall be taxable by this municipality along the sales made in the principal office.

(c.) Port of Loading – The city or municipality where the port is lo-cated shall 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 and plantation in which case the foregoing rule on the matter shall apply accordingly.

(d). Route Sale – 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.

ARTICLE C. Payment of Business Taxes

SECTION 2.C. 01 Payment of Business Taxes

(a.) The taxes imposed under Section 2.A.01 and Section 2.B.01 of the Ordinance shall be payable for every separate or distinct establish-ment or place where the business subject to the tax is conducted and one line or 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 business provided for under Section 2.A.01 and Section 2.B.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 case where a person conducts or operate two (2) or more busi-nesses mentioned in Section (2.B.01 ) of this Ordinance which as sub-ject to different rate 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.C. 02 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 2.C. 03 Time of Payment – The tax shall 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, ex-tend the time for payment of such taxes without surcharges or penalties, but only for a period not exceeding six (6) months.

SECTION 2.C. 04 Administrative Provisions. (a.) Requirement – Any person who shall establish, operate or con-

duct any business, trade or activity mentioned in this Chapter in this municipality shall first obtain a Mayor’s Permit and pay the fee therefore and the business tax imposed under the pertinent Article.

(b.) Issuance and Posting of Official Receipt – The Municipal Trea-surer , shall issue an official receipt upon payment of the business tax. Issuance of the said official receipts 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 original 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 Receipts – All persons subject to the taxes on busi-ness shall for each sales or transfer or merchandise or goods, or for services rendered, valued at Twenty-Five Pesos (P25.00) or more at any one time, prepare and issue sales or commercial invoices and receipts serially numbered in duplicate, showing among other, their names or styles, if any, and business address. The original of each sales invoice or receipts shall be issued to the purchaser or costumer 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 purpose of this Code.

(d.) Sworn Statement of Gross Receipts of Sales – Operations of busi-ness 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 busi-ness tax paid base on gross sales and/or receipts shall submit a sworn 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 fall to submit sworn statement of gross sales or re-ceipt due among other to his failure to have a book of accounts, records or subsidiaries for his business, the Municipal Treasurer or his autho-rized representative may verify or assess gross 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 certi-fied photocopy of their income tax returns (ITR) on or before April 30 of each year. The deficiency in the business tax arising out the difference in gross receipts or sales declared in the application for Mayor’s Permit Declaration of gross sales or 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, issued 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 FIFTY (50.00) pesos.

(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 - 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 from 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 opera-tions 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 un-der a new name will only 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 business is not avoided by simulating the termination or retirement thereof. For the 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 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 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 or the pay-ment of all taxes, fees, and charges imposed thereon under existing local tax ordinance and;

(c.) In additional, 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 therefore.

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 that 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.

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 License - 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.

(j.) Discount – There shall be a twenty (20%) percent tax incentives benefits or discount to be given to business tax payers who opt to pay their municipal business taxes on an annual basis within the first twenty days of January of each year.

ARTICLE D. Tax on Mining Operators

SECTION 2.D. 01 Definitions . When used in the Article(a.) Minera’s refers 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 or process or manufacturing by the lessee, concessionaire or owner of mineral large

(c.) Quarry resources means an common stone or other mineral sub-stances such but not restricted to marble, granite, volcanic cinders, ba-salt, tuff and rock phosphate.

SECTION 2.D. 02 Imposition of Tax – There is hereby levied an an-nual tax at the rate of one percent ( 1%) 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 2.D. 03 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 2.D. 04 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 resources;

(b.) Indigenous petroleum such as mineral oil, hydrocarbon gas, bitu-men, crude, asphalt, mineral gas and other similar or naturally associ-ated substances.

SECTION 2.D. 05 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 2.D. 06 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, transfer, assignments, condonment, cancellation and others, are recorded.

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 mineral products or quarry resources to removed.

ARTICLE E. Tax on Forest Concessions and Forest Products

SECTION 2.E. 01 Definitions – When used in this Article.(a) Forest Products means timber, pulp-wood/chip wood, firewood,

fuel wood and minor forest products such as bark, tree, tops, resins, gum, wood, oil, honey, beeswax, nipa, rattan or other forest growth such as shrub and flowering plants, the associated water, fish, scenic, histori-cal, recreational and geologic in forest lands.

(b) Forest Lands include the public forest, the permanent forest or the forest reserves and forest reservations.

SECTION 2.E. 02 Imposition of Tax – There is hereby imposed a tax on forest concessions and forest products at a rate of one percent (1 %) of the annual gross receipts of the concessionaire during the preceding year.

SECTION 2.E. 03 Time of Payment – The tax shall be paid one within the first twenty (20) days of January or in quarterly installments within the first twenty days of January, April, July and October of each year.

ARTICLE F. Taxes on Operation/Establishment of Videoke

SECTION 2.F. 01 Application – Applicants intending to operate vid-eoke pub, shall file an application to the Office of the Municipal Trea-surer. In securing license/permit from the authorities concerned, an applicant must have the following documents:

a. Barangay Clearanceb. Location or Vicinity Mapc. Fire Inspection Certificated. Sanitary Inspection Permite. Health Certificate of Food Handlers, Waitress, Waiters and

cookf. Certificate of Occupancy

SECTION 2.F. 02 Imposition of Tax - There shall be levied an annual tax from owner of the videoke and/or consignee of the videoke, as fol-lows:

a. Application Fee 100.00b. Fixed Tax, per annum 1. Class A 2,000.00 2. Class B 1,500.00 3. Class C 1,000.00c. Mayor’s Permit 100.00d. For each additional unit and similar devices 500.00

SECTION 2.F. 03 Authorized venue for the Establishment/Opera-tion of the Videoke – A videoke shall be operated and/or established in places with the distance of one hundred (100) meters away from public or religious institutions such as school, church, hospital and other re-lated institution except public market and terminal. Provided, however, that establishment of which shall not cause disturbance to the neighbor-ing residents.

SECTION 2.F. 04 Time Limit of Operation – Operation of videoke should start not earlier than six (6) am and close not later than twelve (12) midnight. However, the sound or volume should be reduce from eleven (11) pm until the closing time as above stated except on the fol-lowing occasions:

a. New Year b. Valentine’s Day c. Ester Sunday d. All Souls Day e. Christmas Day f. Fiesta

SECTION 2.F. 05 Time and Manner of Payment – Tax imposed in this Article shall be paid to the Municipal Treasurer within the first twenty (20) days of January and may be paid on the semi-annual basis without surcharges or penalties on the following schedule:

1st installment On or before the 20th of January 2nd installment On or before the 20th of July

SECTION 2.F. 06 Administrative Provisions

(a.) It shall be unlawful for any person/s, group/s or corporation to operate and maintain videoke for business purpose in public or private places within the territorial jurisdiction of this munici-pality without the necessary license or permit to operate issued by the duly constituted authorities of Local Government Unit of Balatan, Camarines Sur.

(b.) It shall be the duty/obligation of the owner of establishment to provide good hygiene, comfort rooms for its client and maintain cleanliness with the premises.

(c.) In the event the owner of the establishment, fast foods and the likes within the premises, same does not exempt from payment of the taxes imposed in this Code.

(d.) In case the proprietor and/or consignee, despite the issuance of demand letter for his/her license fees, fail to do so, the Local Chief executive, upon recommendation of the Municipal Trea-surer shall order the confiscation of the videoke machine thru the Chief of Police and shall be released upon payment of the tax stated in this Article, plus the surcharges imposed in this Code and expenses for the transportation of the said confiscation of the videoke machine.

(e.) CLASS A Identified as videoke bars with entertainers/GRO’s, foods and wines being served;

CLASS B Those videoke bars with only foods and wines being served;

CLASS C Are those videoke whose purpose is for sing-along only.

ARTICLE G. Cockpit/Cockfighting

SECTION 2.G. 01 Imposition of Fees – shall be collected the follow-

Bikol reporter 9april 8 - 14, 2012 BIKOL REPORTER 9APRIL 8 - 14, 2012

ing Mayor’s Permit fees from cockpit operators/licensees and cockpit personnel:

a. From the owner/operator/licensees of the cockpit 1. Application/Filling Fee 100.00 2. Annual Cockpit Permit Fee 3,500.00b. From cockpit personnel: 1. Promoters/Hosts 500.00 2. Pit Manager 250.00 3. Referee(Sentenciador) 200.00 4. Bet Manager (Kasador) 200.00 5. Bet taker (Kristo) 150.00 6. Graffer (Tagatari) 150.00 7. Derby Matchmaker 150.00 8. Cashier 150.00 c. For Special Permit/Promoters of Derbies 1. Special Cockfight(PINTAKASI 1,000.00 2. Promoters of Derby 1a. 2 cock derby 750.00 1b. 3 cock derby 1,000.00 1c. 4 cock derby 1,500.00 1d. 5 cock derby 2,000.00

SECTION 2.G. 02 Time and Manner of Payment

a.) The application fee is payable to the Municipal Treasurer upon application for a permit or license to operate and maintain cock-pits.

b.) The annual cockpit permit is payable upon application for a per-mit before a cockpit shall be allowed to operate and within the first 20 days of January of each year in case of renewal thereof.

c.) The permit on cockpit personnel shall be paid before they par-ticipate in a cockfight and shall be paid annually upon renewal of the permit on the birth month of the permittee.

SECTION 2.G. 03 Administrative Provisions.

a.) Only Filipino Citizens not otherwise inhibited by existing Ordi-nances or Laws shall be allowed to own, manage and operate cockpits. Cooperative capitalization is encouraged.

b.) Establishment of Cockpit. The Sangguniang Bayan, shall deter-mine the member of cockpits to be allowed in this municipality.

c.) Cockpit-size and Construction. Cockpits shall be constructed and operated within the appropriate areas prescribed in the Zon-ing Ordinance of the Municipality. In the absence of such ordi-nance, the Municipal Mayor shall see to it that no cockpits shall be constructed within or near existing residential or commercial areas, hospitals, school buildings, churches or other public build-ings. Owners, leases, or operator of cockpits which are now in existence and do not conform to this requirements are required to comply with this provisions within a period to be specify by the Municipal Mayor.

d.) Only registered and licensed cockpit personnel shall take part in all kinds of cockfight held in this municipality.

e.) Holding of cockfights. Cockfighting shall be allowed only in li-censed cockpits during Sundays and legal holidays or local fiestas and may be allowed upon prior application with the Sangguni-ang Bayan during the Municipal Agricultural, Commercial and Industrial fairs for a period of three (3) days provided that no cockfighting shall be held on June 12 (Independence Day), No-vember 30 (National Heroes Day), December 30 (Rizal Day), Holy Thursday, Good Friday, Election or Referendum Day and during registration days for such elections.

SECTION 2.G. 04 Applicability Clause. The Provision of PD 449, oth-erwise known as The Cockfighting of 1974, PD 1802 (Creating the Philip-pine Game fowl Commission ) and such other pertinent Laws shall apply to all matters regarding the operation of cockpits and holding cockfights in this municipality.

CHAPTER III – PERMIT AND REGULATORY FEES

ARTICLE A. Mayor’s Permit Fees on Business

SECTION 3.A. 01 Imposition of Fee – There shall be collected an an-nual fee for the issuance of a Mayor’s Permit to operate business, pursue an occupation or calling, or undertake an activity within the municipal-ity.

The permit fee is payable for every distinct of separate business or place where the business or trade is conducted. One line of business trade does become exempt by being conducted with some other busi-ness of trade for which the permit fee has been obtained and the cor-responding fee paid for.

For the purpose of the Mayor’s Permit fee, the following Philippine definition business size hereby adopted: Characteristic Capitalization No. of Workers Small P100,000.00 0-2 Medium Over P100,000.00 to 500,000.00 3-5 Large Over 500,000.00 6-10

The permit fee shall be based on asset size or number of workers, whichever will yield the higher fee.

(a.) On business subject to graduated fixed taxes. 1. On Contractors/Service Establishments Small 200.00 Medium 300.00 Large 500.00 2. On wholesalers/Retailers/Dealers or Distributors Wholesalers Retailers Small 500.00 200.00 Medium 800.00 300.00 Large 1,000.00 500.00 3. On Transloading Operations Medium 2,000.00 Large 4,000.00 4. Other Business Small 200.00

Medium 300.00 Large 500.00

(The rates of Mayor’s Permit fees may also be based on any reason-able classification, e.g.. on type of business as indicated above (with-out sub-classification as cottage, small, medium or large.

Mayor’s Permit fees cannot, however, be based on gross sales/re-ceipts or on capital investment.

For ease in administration and for practical reasons it is not advis-able to base Mayor’s Permit fees on activities conducted or commodi-ties trader in a business.

A basic rule in fixing regulatory fees is that the fee should be com-mensurate to the cost of regulation and surveillance.)

(Another set of Mayor’s Permit Fees may be set for the so-called “sin” goods and activities. Because of the ‘social dimensions” involved it is justifiable to fix higher rates of permit fees. Included in this class of business are: Retail dealers in foreign liquors Retail dealers in Domestic liquors Retailer of distilled spirits Tobacco dealers Retail dealers of manufactured tobacco Amusement places Golf Course, etc.)

SECTION 3.A. 02 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 of undertaking can be lawfully be-gun 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 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 unex-pired quarter shall be made.

SECTION 3.A.03 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 con-ducted 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 applica-tion 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 be set forth the requisite information including the name and resi-dence of the applicant, the description of business or undertaking 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 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 clearances showing that the operation has paid all tax obligations in the municipality

f. Barangay Clearance g. Three (3) passport size pictures of the owner or operator

or in case 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 handlers, and those requires under Chapter IV and D of this Revenue Code.

2. For renewal or existing business permits. a. Previous years Mayor’s Permit b. _____( ) copies of the annual or quarterly tax pay-

ments c. _____( ) Copies of all receipts showing payment of all

regulatory fess as provided in this Code d. Certificate of Tax exemption from local taxes or fees, if

exempt

Upon the submission of the application, it shall be the duty of the proper authorities to verify if the other municipal requirements regard-ing the operation of the business or activity such as sanitary require-ments, 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 the Revenue Municipal Tax Ordinances.

Any false statement deliberately made by the applicant shall consti-tute 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 ordinances or regu-

lation of Permit granted;2. Whose business establishment or undertaking does not

conform With Zoning regulations, and safety, health and other requirements of Municipality;

3. Who has unsettled tax obligation, debt or other liability to the Government;

4. Who is disqualified under any provisions of law or ordinance to Established/operate the business applied for.

(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 fees 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 of orga-nization, that is whether the business is a sole proprietors, corporation or partnership, etc.; location of the business; date of issue and expira-tion 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 payment of One Hundred Pesos only.(P100.00) pesos.

(d.) Posting of Permit – Every permittee shall keep his permit con-spicuously posted at all times in his place of business or office or if 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 Mu-nicipal 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 then. The permit issued shall be renewed within the first twenty (20) days of January. It shall have a continuing validity upon renewal thereof and payment of the corresponding fee.

Every person holding permit shall surrender the name upon revoca-tion, or closure of the business for which the permit is issued. The busi-ness shall be deemed finally closed only upon payment of all taxes due.

(f.) Revocation of Permit – When a person doing business under the provision of this Code violates any provision of this Article, refuses to pay an indebtedness or liability to the municipality; or abuses his privileges to do business to the injury of the public moral or peace or when a place where such business 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 revoca-tion shall operate to forfeit all sums which may have been paid in respect of said privilege, in addition to the fine and imprisonment that maybe imposed by the Code for violation of any provision of this Ordinance gov-erning the establishment and maintenance of business and prohibit the exercise thereof by the person whose privilege is revoked, until restored by the Sangguniang Bayan.

Every person holding permit shall surrendered the name upon re-vocation or closure of the business for which the permit is issued. The business shall be deemed finally closed only upon payment of all taxes due.

SECTION 3.A. 05. Other Requirements – The issuance of Mayor’ s Permit shall not exempt the license from the fulfillment of the require-ments in connection with the operation of the business or in the conduct of an activity described under the Ordinance.

ARTICLE B. Poundage Fee

SECTION 3.B. 01 Imposition of Fee – There shall be collected the fol-lowing poundage fees for each day or fraction thereof from the owner of an astray animal.

(a) Large cattle per head per day 100.00(b) All other animal, per head per 50.00(c) Caretaker Fee per head per day 50.00

SECTION 3.B. 02 Time of Payment – The fee shall be paid to the Mu-nicipal treasurer before the release of the animal to its owner.

SECTION 3.B. 03 Administrative Provision

(a) For purpose of this Article, the Barangay Tanods of the different barangays or municipal employees designated by the Municipal Mayor are hereby authorized to apprehend and impound astray animals in the municipal coral or a place duly designated for such purpose.

(b) The Municipal Treasurer shall cause a notice of the impounding of the animal to be posted at the main door of 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 thereof.

(c) If no person shall claim ownership of the animal after expiration of fifteen (15) days from its impounding, it shall be sold at public auction under the following procedures:1. The Municipal Treasurer shall post a notice for ten (10) days

in two places including the main door of the Municipal Hall and the public market. The animal shall be sold to the high-est bidder. Within two ( 2 ) days after the auction sale, The Municipal Treasurer shall make a report of the proceeding in writing to the Municipal Mayor.

2. The owner may stop the sale by paying at anytime before or during the auction sale, the poundage fees due and the cost of the advertisement and conduct of the sale to the munici-pal 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 the sale. The residue over these cost shall accrue to the General Fund of the municipality.

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SECTION 3.B. 04 Penalty – Owners whose animals are caught astray and incurred damages to plants and properties shall pay the following fines:

(a) For the first offense 500.00 (b) For the second offense 1,000.00 (c) For the third offense 1,500.00

In addition to the fine, the owner shall also pay the amount of the damage incurred, if any, to the property owner.

ARTICLE C. Permit Fee on Parade

SECTION 3.C. 01 Imposition of Fee – There shall be collected a per-mit fee of one hundred (100.00) pesos, per day fraction thereof on every circus, or menagerie parade or other parade using banners, floats or mu-sical instruments, and or assembly held in this municipality.

SECTION 3.C. 02 Exemption – Civic and Military parades are religious procession shall be exempt from the payment of the permit fee imposed herein.

SECTION 3.C. 03 Time of Payment – The fee impose in this Article shall be paid to the Municipal Treasurer upon application for a Mayor’s Permit.

SECTION 3.C. 04 Administrative Provision – Any person that shall hold a parade within the municipality shall first obtain a permit from the Municipal Mayor before undertaking the activity. For this purpose a written application in a prescribed form shall set forth the name and ad-dress of the applicant, the description of the activity, the place or places where the same will be conducted and such other pertinent information or data as may required.

ARTICLE D. Regulatory Fee on Storage of Copra, Copra Cake, Abaca hemp, Ipil- Ipil Leaves or other raw

Materials in Warehouse or Bodega

SECTION 3.D. 01 Definition, when used in this article.Storage Permit Fee - refers to tax imposed on stored copra, copra

cake, abaca hemp, ipil-ipil leaves or other raw materials in warehouse or bodega.

SECTION 3.D. 02 Imposition of Fee – There shall be collected a permit fee from every person, company, corporation, partnership, as-sociation and other business enterprises which buys, collects, barters, acquires and stored copra, copra cake, abaca hemp, dried ipil-ipil leaves or other raw materials for export, resale, barter, exchange or stored to be manufactured or any other form of transaction based on the follow-ing rates:(a) Copra or copra cake and abaca hemp, per capacity .25/kilo.10/cu.m(b) Dried ipil-ipil leaves, per kilo .05/kilo .05/cu.m.(c) Others raw material, per kilo .05/kilo .01/cu.m.

SECTION 3.D. 03 Time and Manner of Payment – The fee imposed in this article shall be paid to the Municipal Treasurer in the following manner

(a) Storage fee shall be paid at the last day of the month or the first day of the month follow except February which shall be paid at the last day, all products mentioned above purchased, acquired or bartered during the month for which payment is made;

(b) Payment of Storage fee shall be supported with “certificate of the Total Purchase for the month for abaca, copra and etc, as revealed in the official record book or business;

(c) The Municipal Treasurer shall required from time to time the manager or owner of the business establishment to submit the official book of account (sales and purchase book) for verifica-tion purposes regarding storage fee herein imposed.

SECTION 3.D. 04 Administrative Provision.

Every copra, copra cake, abaca hemp and ipil-ipil leaves dealer shall record their sales/purchases for the month and a copy of the same shall be provided the Municipal treasurer, for the purpose of this Article.

In the case of newly opened bodega or warehouse it shall be col-lected before the starts of the business operation.

ARTICLE E. Wharfage/Dockage Fee

SECTION 3.E. 01 Imposition of Fee – There shall be collected from ev-ery boat, motorboat, launch or ship or other vessel propelled by steam or internal combustion engine or otherwise engaged in water transpor-tation or trade, regardless of tonnage, which berth at any pier for any purposes shall pay dockage or wharfage fee, based on the following rates:

1. For Palakaya, Banig, etc. (a) For Residents 100.00/qtr

(b) For Transient 50.00/month (c) Passenger Boat (Big ) 30.00/day (d) Passenger Boat (small) 15.00/day2. Bamboo raft 50.00/Landing or ducking/qtr.3. Banca with gross weight Of one(1) tonnage & below 150.00/Landing or ducking/qtr.4. Banca with gross weight Of 1.1 tonnage but not more Than five (5) tonnage 250.00/Landing or ducking/qtr.

SECTION 3.E. 02 Time and Manner of Payment - The fee imposed in this Article shall be paid to the Municipal Treasurer within hour upon ducking at the municipal pier or wharf to load or unload cargoes or passenger, by the purser or captain of the ship, boat or motorboat, or launch.

SECTION 3.E. 03 Administrative Provision – The Municipal Treasurer shall have control over the operation, upkeep and maintenance of the

municipal wharf. The fee herein imposed shall be without prejudice to the impositions of the Philippine Ports Authority.

All rules and regulations governing the operation of municipal wharf or pier is hereby adopted as part of this Article.

SECTION 3.E. 04 Surcharge for Late Payment – Failure to pay the fee imposed herein within time fixed shall subject the taxpayer to a sur-charge of twenty five percent (25%) of the amount of tax due, such sur-charge to be paid at the time in the same manner as the tax due.

ARTICLE F. Mayor’s Permit fee for the Exercise of Calling or Occupation

SECTION 3.F. 01 Imposition of Fee – There shall be collected Mayor’s Permit fee from every person who exercise his work, occupation or call-ing within the territorial limit of this municipality, as follows:

Insurance agents and sub-agents, chief mates, Marine Second En-gineer, Custom Brokers, Registered Nurse, Midwife, Chiropodist, Tattoers, Masseurs, Marine Surveyors, Pelotaris, Jockeys, Profes-sional Actors and Actresses, Actuaries, Stage Performers, Hostesses, Statisticians, Embalmers, Commercial Stewards and Stewardesses, Registered Electrician, Flight Attendants, Insurance Adjusters, Land Surveyors, Dietitian and Entertainers, Barbers, Carpenters, Mason, Hollow Blocks Makers, etc. P 100.00 per annum

SECTION 3.F. 02 Time and manner of Payment – The fee imposed in this Article shall be paid to the Municipal Treasurer upon application of Mayor’s Permit but before a person can exercise his work or calling. Thereafter the fee shall be paid within 20th day of January each year.

SECTION 3.F. 03 Exception - The following shall not be required to apply for a mayor’s permit:

Professional who are subject to the Provisional Tax Imposition Sec-tion 139 of RA 7160.

ARTICLE G. Permit Fee on Promotional Sale/or Advertisement of Products

SECTION 3.G.01 Imposition of fees. There shall be collected mayor’s permit fee from every person, sales or company representatives who are conducting promotional sale and/or advertisement of product going from house to house at the following rates:

Amount Per Day1. Home Fixtures and Decorations Php 200.002. Housewares and kitchenwares 150.003. Cosmetics and other Beauty Products 100.004. Herbal, chinese medicines 50.005. Other products not mentioned above 50.00

SECTION 3.G. 02 Time and Manner of Payment. The fee imposed in this article shall be paid in advance to the municipal treasurer or his duly authorized representatives upon application of Mayor’s Permit and before the applicant shall conduct promotional sale.

ARTICLE H. Permit Fee on The Use of DoÑa Amparo Freedom Park

SECTION 3.H. 01 Imposition of Fees. There shall be collected fees for the use of Dona Amparo Freedom Park for the following charges:

1. Mayor’s Permit P 100.00 Charge for Electric2. Rental per day shall be according to consumption a.) Benefit Dance/show 1,000.00 750.00/24 hrs. b.) Political Rallies/Meeting 1,000.00 750.00/24 hrs. c.) Wedding 500.00 300.00/24 hrs. d.) Promotional Activities 500.00 300.00/24 hrs. e.) For non-profit activities 200.00 300.00/24 hrs.

SECTION 3.H. 02 Time of Payment. The fees imposed herein shall be collected upon application for mayor’s permit for the use of Town Plaza.

SECTION 3.H.03 Administrative Provisions.1. Any person, group, association or organization who wants

to avail of the use of Town Plaza shall be required to secure a mayor’s permit. He shall state in the request the purpose for its use.

2. Proper modulation of sound should be observed starting 12:00 0’clock in the evening in order not to disturb the near-by resident within the vicinity of Town Plaza.

3. Damages incurred while using the Town Plaza shall be charged to the Permitee and must pay to the office of the Municipal Treasurer the corresponding amount equivalent to the said damages.

ARTICLE I. Charges for the Use of Parking Lots

SECTION 3.1.01 Imposition of Fees. There shall be collected fees for the use of municipal owned parking area or designated streets for pay parking in accordance with the following rates/schedules.

I.1 Day Parking Rates Daily Trimobile 5.00 Passenger Jeepneys 15.00 Passenger Air-conditioned buses 125.00 Ordinary Passenger Bus 100.00I.2 Alternate Rate Structure For the first one hour Delivery Vans/Jeepneys 100.00 Delivery/ Cargo Trucks 200.00 Private Cars/Jeepneys 50.00 Service Trimobile 25.00 Other Vehicles 50.00For each succeeding hour or a fraction thereof

Delivery Vans/Jeepneys 100.00 Delivery/ Cargo Trucks 200.00 Private Cars/Jeepneys 50.00 Service Trimobile 25.00 Other Vehicles 50.00

Towing fee of Php 300.00 and impounding fee of Php 100.00 per day shall be collected from owners of vehicles who shall violate the provision of this article.

SECTION 3.1.02 Time of Payment. The fees herein imposed shall be paid to the Municipal Treasurer or to his duly authorized representative upon parking thereat.

SECTION 3.1.03 Administrative Provisions

1. The designated parking area for passenger buses, passenger jeepneys and trimobiles shall be the Public terminal.

2. The designated Parking area for delivery trucks, vans, jeepneys, trimobile and other vehicles shall be vacant lots/areas infront of/ along Manuel L. Quezon Avenue.

3. All delivery trucks/vans/jeepneys and the vehicles are hereby prohibited from delivering goods to other barangays except on the designated area mentioned above otherwise they will pay a five hundred pesos (P 500.00) in violation of Sec. 3.1.03.

4. The barangay shall assists the municipal government of Balatan, Camarines Sur in ensuring of compliance with the right parking regulation and shall correspondingly receive a 20% share of the fees collected from its area of jurisdiction.

ARTICLE J. Sealing and Licensing of Weights and Measures and Penalizing Fraudulent Acts Defines under Republic Act No. 7394 Otherwise known as Consumer

Act of the Philippines.

SECTION 3.J. O1 Scope. This ordinance shall cover all public or pri-vate market places, commercial establishment, wholesale or retail stores and similar establishments in the municipality of Balatan where foodstuffs like meat, poultry, fish, vegetables, fruits, rice, palay including hardwares, millers and other are being sold.

SECTION 3. J. 02 Sealing and Testing of Instruments of Weights and Measures. All instruments for determining weights and measure in all consumer and consumer related transactions shall be tested, calibrated and sealed every six (6) months by the official sealer who shall be the Municipal Treasurer or his authorized representative upon payment of the following fees:

(c.) For sealing metric instrument of weights: 1. Capacity of not more than 30 kilograms 55.00 2. Capacity of not more than 30 but not More than 200 kilograms 83.00 3. Capacity of more than 300 but not more Than 3,000 kilograms 110.00 4. Three thousand (3,000) kilograms or more 138.00 (d.) Per an apothecary balance or other balance of Precision 55.00

SECTION 3. J. 03 Fraudulent Practices Relative to Weights and Mea-sures. The following acts relating to weights and measures are prohib-ited:

a.) For any person other that the official sealer or his duly autho-rized representative to place or attach an official tag, seal, stick-er, mark, stamp, brand or other characteristic sign being used to indicate that such instrument of weight and measures has been officially tested, calibrated, sealed or inspected;

b.) For any person to imitate any seal, mark, stamp, brand, tag or other characteristic sign used to indicate such instrument weight and measure has been officially tested, calibrated, sealed or in-spected;

c.) For any person other than the official sealer or his duly autho-rized representative to alter in any way the certificate or receipt given by the official sealer of his duly authorized representative as an acknowledgement that the instrument for determining weights and measure has been fully tested, calibrated, sealed or inspected;

d.) For any person to make or knowingly sell any use false or coun-terfeit seal, sticker, brand, stamp, tag, certificate or license or any dye for printing or making the same or any characteristic sign being used to indicate that such instrument of weight and measure has been officially tested, calibrated, sealed or inspect-ed;

e.) Or any person other than the official sealer of his duly autho-rized representative to alter the written or printed figures, let-ters or symbols on any official seal, sticker, receipts, stamp, tag, certificate or license used or issued;

f.) Or 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 weights and 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 and measure to process, use or maintain with inten-tion to use any scale, balance, weight or measure that has not been renewed in due time;

h.) For any person to knowingly 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 fraudulent give short weight or measure in the making of a scale;

k.) For any person, assuming to determine truly the weight or mea-sure of any article bought or sold by weight or measure, to fraud-ulently misrepresent the weight or measure thereof; or

l.) For any person to procure the commission of any such offense above-mentioned by another. Instruments officially sealed at previous time which have remain unaltered and accurate and the seal or tag officially affixed thereto remains intact and in the

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same position and condition in which it was placed by the of-ficial sealer or his duly authorized representative shall, if pre-sented for sealing, be sealed promptly on demand by the official sealer or his authorized representative without penalty except surcharge fixed under this ordinance.

SECTION 3.J. 04 Timbangan ng Bayan

a.) the Municipal Government shall provide Timbangan ng Bayan in all marketplaces where foodstuffs like meat, poultry, fish veg-etables, fruits, palay, rice, including hardware, millers and oth-ers are being sold in order for the buying public to determine, double-check, or find out for themselves whether the weight or measure of what they bought is accurate or not.

b.) The Timbangan ng Bayan shall be installed at strategic places and shall serve as the standard for weight or measure in the buy-ing or selling of foodstuffs in the marketplace which is based on the primary standard of weight and measures provided by the Department of Science and Technology.

SECTION 3.J.05 Weighing Scale

a. The use of 10 kgs. Table top metric weighing scale for commer-cial purposes in all marketplaces shall no longer be allowed after this ordinance takes effect because it is highly prone to tamper-ing, alteration, malfunction, or fraud.

b. Only 10 kgs. Suspended Metric weighing scale and the Digital weighing scale shall be allowed to be used for commercial pur-poses after this ordinance takes effect in order to ensure for the buying public accuracy on the weights of food stuff and others that they purchase in marketplaces.

SECTION 3.J.06 The expiry date of the license of the instrument for weights and measures must be indicated in the seal or attached to it.

SECTION 3.J.07 There shall be a continuing education information to instill consumer awareness against deceptive, unfair and unconscio-nable sales acts and practices and to facilitate sound choice and proper exercise of consumer’s rights.

SECTION 3.J.08 There Shall be established consumer desk complaint assigned at marketplaces for purposes of receiving, investigating and re-sponding to consumer complaints.

SECTION 3.J.09 The instrument for weights which are not sealed if previously sealed, is not renewed or license has been expired or fails to pay the corresponding fees within the prescribed period shall subject the owner or user to a surcharge of three hundred percent (300%) of the prescribed fees. The schedule sealing and calibration shall commence on January one (1) to twenty (20) and from July one (1) to twenty (20) as the municipal treasurer may determine.

SECTION 3.J. 10 The said instruments for weights and measures used by the vendors who acted fraudulently shall be confiscated in favor of the Municipal Government.

SECTION 3.J. 11 The confiscated instrument shall be subject for redemption upon payment of Three hundred Fifty Pesos (350.00) and those which is beyond repair shall be destroyed by the Municipal Trea-surer which the same shall be turned over to the Municipal solid Waste Management Office for its proper disposal.

SECTION 3.J. 12 Penalties

a. Any person who shall violate the foregoing provisions under Ar-ticle J of this ordinance shall upon conviction be penalized in the following manner:1. First Offense-Penalty of Fine of Five Hundred Pesos

(P500.00)2. Second Offense-Penalty of fine of Seven Hundred Fifty Pesos

(750.00)3. Third offense-Penalty of Fine of One Thousand (1,000.00)

or cancellation of the license or confiscation of the instru-ments for weights or measure or an imprisonment of one (1) months to six (6) months or both at the discretion of the court.

SECTION 3.J. 13 Authority to Compromise The Municipal Mayor upon recommendation of the Municipal Treasurer’s Office or the Market Supervisor/Administrator shall have the authority to compromise action under this ordinance at any stage of the proceeding subject to the pay-ment by the offender of the fines herein imposed.

ARTICLE K. Registration of Large Cattle and Transfer Fees

SECTION 3.K.01 Definition – For purpose of this Article “Large Cat-tle” includes a one year old horse, mule, ass, cattle, carabao or other domesticated member of the mamalia family.

SECTION 3.K.02 Imposition of Fee – The owner of the 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 pay-ment of a registration fee as follows:

(a.) For Certificate of Ownership per head 100.00 (b.) For certificate of Transfer per head 100.00 (c.) For Registration of Private Brand 100.00(starting on the second year of the large cattle)

SECTION 3.K.03 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 3.K.04 Administrative Provisions – The Large Cattle shall be registered with the Municipal Treasurer upon reaching the age of one (1) year old.

(a.) The ownership of a large cattle or its sale or transfer of owner-ship to another person shall be registered with the Municipal Treasurer. All branded and counter-branded large cattle pre-sented 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 case of sale or transfer, and the class, color, sex, brands and other identifica-tion marks of the cattle. These data shall also be stated in the certificate of ownership issued to the owner of the large cattle.

(b.) The transfer of the large cattle, regardless of its age, shall be entered in the registry book settling 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 trans-fer, class, sex brands, and other identifying marks of the animals; and a reference by number to the original certificate of owner-ship 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.

(c.) The Municipal Treasurer shall designate his authorized repre-sentative to conduct registration of large cattle in the barangays in order to implement provisions in this Article.

ARTICLE L. Fees for Verification, Inspection and Approval of Subdivision Plan

SECTION 3.L.01 Imposition of Fees. There shall be collected fees

from subdivision developer/owner before a grant of a permit for the in-spection, verification and approval of subdivision proposed or otherwise within the jurisdiction of this municipality based on the following rates:

I. Subdivision Projects/Activities (Under PD 957) or as amended1. Preliminary Approval and P 250.00/ha.for the Locational Clearance(PALC) first five (5) hectares a.) For every additional hectare P100.00/ha.2. Final Approval and Development P 1,200/ha. regardless Permit Of density a.) Additional fee on floor area of P 2.00/sq.m. Houses/buildings sold with the lot3. Inspection Fee P 500.00/ha. regardless Of density4. Alteration of Plan Same as Final Approval (Affected areas only) and Development Permit5. Certificate of Registration and P 120/saleable lot License to Sell (per saleable lot) a.) Additional fee on floor area of P 10/sq.m. house/building sold with the lot6. Certificate of completion P 500/ha. regardless (per hectare) of density

II. Subdivision Projects/Activities (Under BP 220) or as amended

A. Approval of Subdivision Plan1.) Preliminary Approval and Locational Clearance (PALC) a.) Socialized Housing P 70.00 for the

first ten (10) hectares b.) Economic Housing P 100/ha. for the first

five (5) hectaresFor every additional hectare or a fraction thereof: a.) Socialized Housing P 20.00 b.) Economic Housing 50.002.) Final Approval and Development Permit P 200.00/ha.3.) Inspection Fee a.) Socialized Housing P 110.00/ha. b.) Economic Housing 200.00/ha.4.) Alteration of Plans (affected areas only) P 200.00/ha.5.) Building Permit (per. Sq.m. of floor P 2.00 Area of housing unit)6.) Certificate of Registration and License to Sell a.) Socialized Housing P 7.00/lot/unit b.) Economic Housing 10.00/lot/unit7.) Certificate of Completion P 150.00 (per hectare or a fraction of land area)8.) Certificate of Occupancy (per sq.m. P 2.00 Of the floor area of the housing unit)

III. Approval of Commercial Subdivision

A. Approval of Subdivision Plan1.) Preliminary Approval and Location Clearance (PALC) a.) First two (2) hectares P 300.00/ha. b.) Every additional hectares 100.00/ha.2.) Final Approval and Development Permit P 5,000.00/ha. Regardless of location3.) Inspection Fee P 500.00/ha. Regardless Of location4.) Alteration of Plans (affected area only) Same as approval

and Development permit5.) Certificate of Registration and License P 2.00 To sell (per sq.m. of land area)6.) Certificate of Completion P 500.00/ha. Regardless of location

IV. Approval of Memorial Park/Cemetery ProjectA.) Approval of Subdivision PlanPreliminary Approval and Location Clearance (PALC) a.) For memorial projects P 500.00 for the first hectare b.) For cemeteries 200.00 for the first hectareEvery additional hectare or a fraction thereof: a.) Memorial Projects P 2.00/ha. b.) Cemeteries 50.00/ha.2.) Final Approval of Development Project a.) Memorial Projects 500.00/ha.

b.) Cemeteries 100.00/ha.4.) Alteration of Plans (affected area only) Same as approval and Development permit5.) Certificate of Registration and License To Sell (per saleable lot) a.) Memorial Projects P 50.00/saleable lot b.) Cemeteries 10.00/saleable lot6.) Certificate of Completion a.) Memorial Projects P 200.00/ha. b.) Cemeteries 100.00/ha.

V. Other Transaction/Certificate

A. Application/Request for: 1. Advertisement Approval P 200.00 2. Cancellation/reduction of Performance Bond 350.00 3. Lifting of suspension of License to Sell 350.00 4. Extension of time to complete development 350.00 5. Exemption from Cease of Desist Order 50.00 6. Clearance to Mortgage 350.00 7. Lifting of Cease and Desist Order 350.00 8. Change of Name/Ownership 350.00 9. Voluntary Cancellation of CR/LS 350.00B. Other Certification 1. Zoning Certificate P 200.00 2. Certification of Town Plan/Ordinance Approval 75.00 3. Certification of New Rights/Sales 75.00 4. Certification of Location Viability 250.00 5. Certificate of Registration and Licenses 75.00 To Sell (Form) 6. Other to include a.) Availability of Record/public request 75.00 of copies/research work b.) Certification of no records on file 75.00 c.) Certification of with or without CR/LS 75.00 d.) Certified true/Xerox copy of documents 1. Document of five (5) pages or less 20.00 2. Every additional page 2.00

VI. Registration of Dealers/Brokers/Salesman

A.) Dealers/Brokers P 500.00 +UPLRF

B.) Salesman/Agent 200.00 +UPLRF

If upon verification and inspection, it is found out that the subdivi-sion is of bigger size or area than was reported out as its true area, the applicant shall pay the corresponding fee to the area difference and the official receipt thereof shall be presented to the Office of the Municipal Mayor before final inspection or final action is taken on the application.

SECTION 3.L.02 Time and Manner of Payment. The fee shall be paid to the Municipal Treasurer annually until the construction of roads, bridge, drainage system and other specification mentioned in the subdi-vision plan are completed and the final inspection has been made.

SECTION 3.L.03 Administrative Provisions. Subdivision Plan shall before the approval of the Sangguniang Bayan, be submitted together with the certificate of Zoning Compliance to the Municipal Zoning Of-ficer.

Upon inspection and verification, the certificate shall be presented to the Officer of the Municipal Mayor. If the inspecting officer found out that the declared area conform with the fee evidenced by the official re-ceipt, the Sangguniang Bayan may take final action on the application.

ARTICLE M. Building Permit Fee

SECTION 3.M. 01 Imposition of Fee. There shall be collected the fol-lowing fees from every applicant of a building permit from the Office of the Municipal Building Official.

1. Line and Grade:

a.) Fronting road, creek, etc. 1. First 10 meters P 60.00 2. For every meter of fraction thereof 0.75

In excess of 10 metersb.) All other side per meter or fraction thereof 0.50

2. Building Permit:

a.) Category I (Residential) – Single dwelling unit devoted to the exclusive use of the owner/applicant.

1. For construction, addition, renovation fee based on cost 0.08%

2. For repair or alteration costing more than P5,000.00 But less than P10,000.00 60.00 Provided that in excess of P10,000, additional fee

0.06% Based on cost3. For every cubic meter or fraction thereof in excess 2.00 Of 8.0 meters of buildings above 8.0 meters in height4. For every square meter of floor subject to demolition 5.00 Or removal

b.) Category II (Commercial and Industrial) – Residential Units which are rented out or leased to the general public, duplex or multiple dwell-ing units, accessories and row houses fall under this category.

1. For construction, addition, renovation fee based on cost 1.8% 2. For repair or alteration costing not more than P5,000.00 60.00 In excess of P5,000.00,. additional fee based on cost 2.00% 3. For every cubic meter or fraction thereof in excess of 2.00 8.0 meters of buildings above 8.0 meters in height4. For every square meter of floor subject to demolition 6.00 Or removal.

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c.) Category III (Educational, Social and Institutional) – Building involv-ing assemblage for recreational purposes fall under this category.

1. For construction, addition, renovation fee based on cost 1.8% 2. For repair or alteration costing not more than P5,000.00 60.00 In excess of P5,000.00, additional fee based on cost 0.06% 3. For every cubic meter or fraction thereof in excess of 8.0 meters of buildings above 8.0 meters in height 2.004. For every square meter of floor subject to demolition or Removal. 6.00

d.) Category IV (Agricultural) – Building and sheds including barns, poul-try houses, piggeries, hatcheries, stables, cowsheds, also greenhouses, granaries and other structures for the storage of agricultural products.

1. For construction, addition, renovation fee based on cost 0.05%2. For repair or alteration costing not more than P1,000.00 50.00 In excess of P1,000.00, additional fee based on cost 0.05%3. For every square meter of floor subject to demolition Or removal 5.00

e.) Category V (Ancillary) – Bank vaults, private garage, carports, fences over 1.80 meters in height, separate fire walls, steel & concrete tanks, towers and silos, smokestacks and chimneys, swimming pools including shower and locker rooms, stages and flatform, pelota courts, aviaries and zoo structures.

1. Each Bank Vault P 1,500.002. Swimming Pool, per square meter 4.00 3. Separate fire walls, per square meter 12.00 Provided that the minimum fee shall not be less than 240.00 4. Towers and silos per meter in height 50.00 5. Smokestacks and chimneys up to 10 meters in height In excess of 10 meters, per meter 10.00 6. Temporary booth and ferrias, each square meter per month 12.00 7. For the use of public street and sidewalks, encroachment 120.00 8. Steel & concrete tanks not more than 10 cubic meters In capacity. 600.00 Each cubic meter in excess of 10 cubic meter 50.00 9. Steel tanks not more than 5,000.00 gallons capacity 960.00 Each 100 gallons over 5,000.00 gallons 20.00 10. Ordinary vault other than bank vault 600.00 11. For erecting of placing any sign or billboard, 36.00 Per square meter or fraction thereof Provided that the minimum fee is 60.00 12. For placing of any sign announcing special sale, 18.00 Service etc., per sq.m. or fraction thereof, per month

f.) Construction of tombs, canopies, mausoleums and niches in cemeter-ies and memorial parks.

1. Plain tombs, cenotaphs or monuments without Exempt Backdrop wall, canopy or roofing. 2. Canopied tombs, whether partially or totally 4.00 Roofed over, per square meter of covered area 3. Semi-enclosed mausoleums, whether canopied 5.00 Or not per sq.m. of floor area 4. Totally enclosed mausoleums, per sq. m. of floor area 10.00 5. Multi-level interment niches, per sq.m. of floor area, 4.00

Per level

g.) Mayor’s Permit for every construction, renovation, addition, altera-tion and repair.

1. Category I P 100.00 2. Category II 200.00 3. All other categories 75.00

SECTION 3.M.02 Time of Payment. The corresponding fee shall be paid to the Municipal Treasurer of this Municipality before the issuance of the Building Permit and the Mayor’s Permit.

SECTION 3.M.03 Exemption. The following construction or repair of building and structure shall be exempted from the building permit fees:

1. Single detached family dwelling made of indigenous materi-als such as woods, bamboo, rattan, nipa, sawali, and the like whose floor area is not more than 20 square meter and the estimated cost of construction or repair is not more than P30,000.00

2. Housing projects undertaken by existing government hous-ing authority or government-owned tenement houses and other housing units while title of the lot is still under the name of the government housing corporation.

3. Buildings and structure damaged by the typhoon, fire, earth-quake or other natural calamities, provided that the cost or reconstruction shall not exceed twenty percent (20%) of the original cost and that an application is filed with the Munici-pal Building Official.

4. Public building or structure performing purely governmen-tal functions.

5. Building or structures, which after the construction will be donated to the government for public use.

SECTION 3.M.04 Administrative Provisions. An application to construct a building or structure shall be in writing using the prescribed forms and shall be submitted with the following:

1. In case the applicant is the owner of the lot: a. Certified true copy of TCT b. Tax declaration c. Current Real Property Tax Receipt2. In case the applicant is not the registered owner of the lot: a. Duly notarized copy of the Contract of Lease, or b. Duly notarized copy of the Deed of Absolute Sale, or c. Duly notarized copy of the Contract to Sell, or d. Duly notarized authorization from the lot owner.3. Six (6) sets of plans and specifications prepared, signed or

sealed: a. By a duly licensed Civil Engineer or Architect in case of

structural plans b. By a duly licensed Geodetic Engineer in case of lot plans or

survey plans. c. By a duly licensed Sanitary Engineer or Master Plumber in

case of Plumbing or sanitary installation plans. d. By a duly licensed Professional Electrical Engineer in case

of electrical plans. e. By a duly licensed Professional Mechanical Engineer in

case of mechanical plans.4. Six (6) copies of Cost Estimate and Bill of Materials.5. Six(6) for Technical Specifications. 6. Four (4) copies of Zoning and Locational Clearance.7. Structural computations, if necessary.8. Mayor’s Permit9. Fire Safety and Control requirements.10. Buildings fees.

* For traditional indigenous family dwelling, as define in Section _ of this Article.

1. Proof of lot ownership or right over the lot.2. A simple sketch with dimensions, accompanied by a site lo-

cation and vicinity map.3. Cost estimates.4. Zoning Permit issued by the MPDC.5. Fire safety and control requirements6. Mayor’s Permit.7. Applicable fees, other than building permit fee.

SECTION 3.M.05 Issuance of Building Permit. An application for a building permit shall be approved within 15 days from the date of pay-ment of the required fees made by the applicant. The Municipal Build-ing Official shall issue the permit in accordance with the work to be done in the approved building plans and specifications.

SECTION 3.M. 06 Validity of Building Permit. A building permit is-sued pursuant to the provision of this article shall expire if the building/work authorized is not commenced within a period of one (1) year from the date of issuance of such permit or if the building or work so au-thorized is suspended or abandoned at any time after it has been com-menced for a period of 120 days.

SECTION 3.M.07 Non-issuance, Suspension or Revocation of Build-ing Permit. The Municipal building Official may order or direct the non-issuance, suspension, revocation and/or invalidation of a permit based on any one or all of the following grounds:

1. Errors found in the plans and specifications.2. Incorrect or inaccurate data or information found in the ap-

plication.3. Non-compliance with the terms and conditions of permit.4. Unauthorized change, modification or alteration in the ap-

proved plans and specifications and/or in the type of con-struction.

5. Non-compliance with the rules and regulations promulgated in this Article and the National Building Code of the Philip-pines.

SECTION 3.M.08 Appeal. Within 15 days from the date of receipt of advice of non-issuance, suspension, revocation and/or invalidation of permit, the applicant or permittee may file an appeal with the Office of the Municipal Building Official, who shall render his decision within 15 days from the date of receipt of notice of appeal.

ARTICLE N. Occupancy Permit Fee

SECTION 3.N.01 Certificate of Occupancy. No building or structure shall be used or occupied and no change in the existing use or occupied portion thereof shall be made until the Municipal Building Official has issued a Certificate of Occupancy therefore as provided in this Article.

The Certificate of Occupancy shall be posted or displayed in a con-spicuous place on the premises and shall not be removed except upon order of the Municipal Building official.

I. Category I. a. Building made of traditional indigenous materials Exempt b. Building costing more than P30,000.00 up to 50,000.00 P

50.00 c. More than P50,000.00 up to P100,000.00 100.00 d. More than P100,000.00 up to P150,000.00 150.00 e. More than P150,000.00 up to P250,000.00 200.00 f. More than P250,000 up to P 500,000.00 400.00 g. Building costing more than P500,000.00 500.002. Category II. a. Building costing up to P50,000.00

100.00 b. More than P50,000.00 up to P100,000.00 200.00 c. More than P100,000.00 up to P250,000.00 400.00 d. More than P 250,000.00 up to P500,000.00 800.00 e. Building costing more than P500,000.00 1,600.003. Category III. a. Building costing up to P50,000.00

P 60.00 b. More than P50,000.00 up to P100,000.00 150.00 c. More thanP100,000.00 up to P250,000.00 300.00

d. More than P250,000.00 up to P500,000.00 600.00 e. Building costing more than P500,000.00 1,200.004. All other Category – Please refer to the schedule of fees in the

National Building Code.

ARTICLE O. Excavation Permit Fee

SECTION 3.O. 01 Imposition of Fees. There shall be collected fees for the excavation of the public and private streets within the territorial jurisdiction of this municipality based on the following schedule:

1. For non-road excavation, per square meter P 10.00 2. For excavation on roads or streets, per square meter: a. Earthroad P 6.00 b. Macadam 8.00 c. Concrete 20.00 * Provided that the minimum fee for excavation up to 10sq.m.

600.00 d. Concrete sidewalk 16.00 e. Concrete curb and gutter 16.00 f. Concrete and stone block 17.00 g. Asphalt surface treatment 18.00 h. Asphalt-macadam, Asphalt-concrete 30.00 3. Excavation exceeding one meter in depth shall be subject to an

additional charges equivalent to twenty-five (25%) of the above rates.

4. For digging water supply. P 35.00 5. For driving wells: a. Up to (2”) 50 mm in diameter pipe for the 50.00 first 5 pieces 6-meter length pipe b. For (3”) 75 mm diameter pipe for the first 100.00 5 pieces 6-meterr in length pipe More than 5 pieces, per pipe or fraction thereof 20.00 c. Up to (4”) 100 mm in diameter pipe for the first 200.00 5 pieces 6-meter length pipe More than 5 pieces, per pipe or fraction thereof 50.00

SECTION 3.O. 02 Time of Payment. The fees shall be paid to the Municipal Treasurer upon application for a permit to excavate portion of the roads/streets and non-roads at the Office of the Municipal Building Official.

SECTION 3.O. 03 Administrative Provision:No person shall undertake digging or excavation works of any portion

of municipal streets or roads and non-roads of this municipality unless a permit thereof has been secured from the Office of the Municipal En-gineer or Municipal Building Official who shall monitor the work being done and shall determine the necessary width and depth of the portions to be dug or excavated.

In order to protect the public from any danger that maybe brought by the excavation works, the permittee shall be required to place or in-stall appropriate signs with a warning against danger in the worksite.

ARTICLE P. Fire Inspection Fee

SECTION 3.P. 01 Imposition of Fees.There shall be collected inspection fee to natural or judicial person,

shall keep or store in his place of business or elsewhere in the municipal-ity any flammable or highly combustible materials and must first secure a permit from the Office of the Municipal Mayor through Municipal Fire Marshall or his duly authorized representative.

The permit shall only be granted after the inspection of the premises of any industrial, commercial or business operations and issue the nec-essary Fire Safety Inspection Certificate upon the determination of the fire safety measures for hazardous processes and operation and for the handling storage and use of hazardous materials have been complied and upon payment of corresponding fee hereunder enumerated:

1. Sari-sari store and other business P 55.00 Establishment of the same nature2. Factory of warehouse 55.003. Construction or building plant processed 25.00 To determine safety requirement4. Other business establishment and building for rent 55.005. Gasoline station 500.00 6. Machine and welding shops 100.007. Bakery 100.008. Videoke / Playstation 100.009. Eatery / Restaurant 100.00

B. ENFORCEMENT OF FIRE CODE FEES.

To effectively implement the collection of fire taxes, fees and fines imposed by the Fire Code, the collection of the same shall be the re-sponsibility of the Municipal Treasurer for remittance to the National Treasury as provided under Section 12 and 13 of P.D. No. 1185 within 30 days from collection, to wit:

a. Fire Safety Inspection Fees equivalent to ten (10%) percent of all fees charged by building officials or by the LGU’s or by the other Government Agencies concerned in granting or pertinent permits or licenses;

b. One-tenth of one per centum (0.1%) of the verified estimate value of the exceed fifty thousand (P50,000.00) pesos, one half to be paid prior to the issuance of the building permit, and the balance, after final inspection and prior to the issuance of the used and occupancy permit:

c. One-hundredth of the one per centum (0.1%) of the assessed value of the buildings or structures annually payable upon pay-ment of the real estate tax, except on structures used as a single family dwellings;

d. Two per centum (2%) of all premiums, excluding re-insurance premiums for the sale of fire, earthquake and explosion hazard insurance collected by companies, persons, or agents licensed to sell such insurance in the Philippines;

e. Two per centum (2%) of gross sales of companies, persons, or agents selling fire fighting equipments, appliances, or devices including hazard detection and warning systems;

Bikol reporter 13april 8 - 14, 2012 BIKOL REPORTER 13APRIL 8 - 14, 2012

f. Two per centum (2%) of the service fees received from fire, earthquake and explosion hazard pre-insurance surveys and post loss service of insurance adjustment companies doing busi-ness in the Philippines directly or through agents and;

g. Administrative fines provided under Sec. 12, para “a” and Imple-menting Rules and Regulations of P.D. NO. 1185.

C.) Safety Measures for Hazardous Materials – Fire Safety Inspection shall be required for the manufacturing, storage, handling and/or use of hazardous materials working;

1.) Cellulose Nitrate plastic of any kind.2.) Combustible fiber.3.) Cellulose materials such as foam rubber, sponge rubber, and

plastic foam.4.) Flammable and combustible liquids or gases of any classifica-

tion.5.) Flammable paints, varnishes, stains, and organic coatings.6.) High piled or widely combustible stock.7.) Metallic magnesium in any form.8.) Blasting agents, explosives, and special industrial explosives

materials, blasting caps, black powder, liquid nitro-glycerin, dy-namite nitro-cellulose, fulminates of any kind and plastic explo-sives containing ammonium salt or chlorate;

9.) Fireworks materials of any kind or form.10.) Matches in commercials quantities.11.) Hot ashes, live coals, and ambers.12.) Combustible waste materials for recycling or resale.13.) Explosives dust and vapors; and14.) Agriculture, forest, marine or mineral products which may un-

dergo spontaneous combustion.

SECTION 3.P. 02 Administrative Provisions.

A.) The Municipal Fire Marshall shall have supervision upon approval by the Mayor, over the location and manner of storing flammable, explosive or highly combustible materials in accordance with fire prevention and safety requirements mandated under the Fire Code of the Philippines and other related laws. If in his judgment, the location and manner of storing said substances constitute a fire hazard and is dangerous to life and property, he shall issue order to the owner of the establishment within short notice that the same be stored elsewhere in accordance with the Municipal Zoning Ordi-nance.

B.) No permit shall be issued for the storage of gun powder, dynamite, explosive, blasting supplies or ingredients therefore has been se-cured from the Chief of the Local Philippine National Police with the concurrence from the Chief of the Provincial Philippine Nation-al Police.

SECTION 3.P. 03 Penal Provision

Administrative Fine shall be collected to any person(s), association, companies. Or corporation, violates any provisions of the Fire Code of the Philippines be penalized by administrative fine of not exceeding twelve thousand (12,000.00) pesos or in proper case by stoppage of op-eration or by closure of such building.

ARTICLE Q. Permit Fee for Temporary Use of Sidewalks or Alley for Construction Works

SECTION 3.Q. 01 Imposition of Fees. There shall be collected fees from any person/entity that shall occupy or use sidewalks or alley or portion of the municipal Streets or road in connection with construction works based on the following rates:

1. For the use of sidewalk up to 20 sq.m. per month P 60.00 Every square meter over 20 sq.m. per month 6.00

2. For the erection of scaffoldings occupying street 85.00 Street portions with a frontage of not greater than Lineal meters, per sq.m. per month.

Per sq.m. of area above 10 lineal meter-frontage 1.50

SECTION 3.Q. 02 Time of Payment. The fee imposed herein shall be paid to the Municipal Treasurer upon application for a permit to occupy or use sidewalk or alley or portion of the municipal street or road filed through the Office of the Municipal Building Official.

SECTION 3.Q. 03 Administrative Provisions. No person shall use or occupy the sidewalk, alley or portion of the municipal street or roads for construction, parking or any other purposes without securing first the permit required in this Article and the fee thereof is paid to the Munici-pal Treasurer.

The period of occupancy shall start from the date of issuance of the Temporary Occupancy Certificate or at the date actual construction be-gun and shall terminate upon expiration of permit.

ARTICLE R. Permit and Inspection Fees on Plumbing

SECTION 3.R. 01 Imposition of Fees. There shall be collected fee from every person or entity that has plumbing or drainage work done including removal or transfer of any existing fixture, addition, extension or alteration of a plumbing system, the following fees shall be:

1. Plumbing Permit Fee:

For the installation of a unit composed of one (1) water closet Two (2) drains, one (1) sink, lavatory and shower and two (2) Faucets or any combination of the aforementioned fixtures-

P25.00 For every fixture in excess of a unit: Each water closet --------------------------------------------- P5.00 Each floor drain -------------------------------------------------- 3.00 Each sink ---------------------------------------------------------- 3.00 Each lavatory ----------------------------------------------------- 5.00 Each faucet ------------------------------------------------------- 1.00

Each slop sink ---------------------------------------------------- 3.00 Each urinal -------------------------------------------------------- 2.00 Each bathtub ----------------------------------------------------- 5.00 Each grease trap ------------------------------------------------- 3.00 Each bidet --------------------------------------------------------- 3.00 Each filter --------------------------------------------------------- 1.00 Each Dental Cupsidor ------------------------------------------ 3.00 Each gas heater -------------------------------------------------- 3.00 Each hot water boiler ------------------------------------------ 3.00 Each Drinking fountain ----------------------------------------- 2.00 Each laundry tray ------------------------------------------------ 2.00 Each bar or soda fountain sink ------------------------------- 2.00 Each sterilizer ---------------------------------------------------- 2.00 Each water meter ----------------------------------------------- 2.00

2. Plumbing Inspection Fee:

Every inspection of water or test P 11.00 Every inspection of sewer connection 5.50 Connection of single fixture to the existing installation 3.00 Every inspection of group of fixture of not more than 3 fixture Of any kind to the existing installation 5.50 Every inspection of fixtures in excess of the group, any kind

3.50 Every inspection of water service line 5.50 Every inspection special or miscellaneous 5.50

3. Construction of Septic Vault

a. Category I (Residence) ------------------------------- Exempted b. All other categories

> Up to 5 cubic meter of digestive chamber --------------- P 40.00 > Every cubic meter or fraction thereof in excess of 5 cu.m. 10.00

SECTION 3.R. 02 Time of Payment. The fee imposed in this Article shall be pain to the Municipal Treasurer upon application for the nec-essary permit with the Office of the Municipal Mayor but prior to the inspection of the plumbing to be constructed or installed.

SECTION 3.R. 03 Administrative Provisions.

Permit Fee – An application signed by the registered master plumber and the owner of the premises or his duly authorized representative, shall be submitted to the proper authorities before any work on plumb-ing or house drainage including removal or transfer of any existing fix-ture, addition, extension or alteration of plumbing system is stated.

The application shall include the following information:

a. Exact location of the premises where the work is to be done with the name of the street and the house number;

b. Nature of work to be done:c. Kind of fixture and number of units to be installed;d. Number of existing units;e. Whether connection is to be made or has made with sanitary

sewer as well as the water system;f. A sketch drawn to a convenient scale showing the plan for

plumbing system and the parts of the building where the work is to be done, and duly signed and sealed by a registered master plumber.

No work shall be performed until such application is approved

and a permit has been issued at any one time.

Inspection – All pipings, traps, and fixtures of a plumbing system shall upon notice of the plumber in-charge of the work is ready for inspection, be inspected by the Municipal Plumber or official-in-charge to ensure its compliance with the requirements in this Article.

All inspection of plumbing or drainage performed shall be made in the presence of the plumber in-charge of the work. In case the plumber in-charge of the work could not be presented during the inspection, he may authorize another master plumber in writing, to be present during the inspection.

Complaint against plumber- Compliant filed against plumber on il-legal installation or defects in plumbing system, shall be made in writing and if found responsible for the defects, the plumber concerned shall be required to submit another application to legalize said work and correct the defects.

Certificate of Approval – Upon the satisfactory completion and fi-nal inspection of the plumbing system, a Certificate of Approval shall be issued to the plumber in-charge of the work or to the owner of the plumbing system.

ARTICLE S. Permit and Inspection Fees on

Electrical Installation

SECTION 3.S. 01 Imposition of Fees. Every individual or entity that shall install or alter or cause to be altered or installed any extension or interior electrical lighting, power or any other electrical system or line shall pay the following fees:

a.) Lighting and Power system: same For each light, switch or convenience outlet P 1.00 For each remote switch 1.00 For each remote control switch 2.00

b.) Additional fee for each of the following:

1. Appliances: Range and heater, 1kw or less 2.00 Each additional kw or fraction thereof 1.00 Each refrigerator or freezer 2.00 Each washing machine 2.00 Each hair curling apparatus or hair dryer 3.00

Each Electric fan 2.00 Each electric typewriter or adding machine 2.00 2. Air-conditioning system Each air-conditioning outlet 2.00 Unit or Window type Each unit of 1 hp 3.00 Each unit of over 1 hp 5.00 Package or centralized 3 hp but not more than 5 hp 10.00 Each unit over 5 hp 2.00 Blower or Air-handling unit Each motor 5.00

3. Electrical Equipment apparatus Each bell enunciator system 3.00 Each fire alarm unit 2.00 Each are light (lamp) 5.00 Each flasher, beacon light 2.00 Each x-ray equipment 10.00 Each battery rectifier 5.00 Electric welder 5.00 Electric welder 2.00 1st KVA 1.00 Each telephone switchboard (PBX,PASK, etc.) 5.00 Each trunk line 2.00 Each telephone apparatus 3.00 Each master intercom 3.00 Each slave 1.00 4. Motors: Each motor and controlling apparatus ¼ or less 4.00 Over ¼ hp to 5 hp 5.00 Over 5 hp to 10 hp 6.00 Over 10 hp to 20 hp 10.00 Every hp over 10 hp 1.00

5. Generators: Each generator AC or DC 2.00 Less Than 1 kw 5.00 Over 1 kw to 5 kw 6.00 Over 5 kw to 10 kw 10.00 Over 10 kw to 20 kw 1.00 Each kw over 20 kw

6. Transformer: Each transformer, 1 KVA or less 2.00 Over 1 KVA, each KVA 1.00

7. Temporary light for celebration Each light switch, convenience outlet 1.00

8. Other electrical apparatus or appliances not Enumerated herein 2.00

9. Inspection and other miscellaneous fees: For each inspection 5.00 For each condemnation 5.00 Each alteration, separation, reconnection or 3.00 Relocation of electric meter For issuance or cancellation of wiring permit 3.00 Each true copy and certification of electrical certificate 3.00

10. Others: > As built drawings Electrical lay-out 100.00 Standard Plan One-story 1,000.00 More than 1-story building 1,500.00

SECTION 3.S. 02 Time of Payment. The fees imposed in this Ar-ticle shall be paid to the Municipal Treasurer after securing the building permit and upon application for a permit to install or alter any electrical lighting, power or any electrical system or line with the Office of the Mayor, thru the Office of the Municipal engineer.

SECTION 3.S. 03 Administrative Provisions. No installation, repair or alteration of a cancelled or enclosed electrical installation shall be done or used without prior inspection and approval by the Office of the Municipal Engineer or Municipal Building official.

Application for the permit to the Office of the Mayor shall be filled through the Municipal Engineer or Municipal Building Official by the con-tractor of the owner of the building. If the work is found to have defect, the permit and fees shall be forfeited. If found to have conformed to the requirements, the applicant shall be issued a certificate of approval.

ARTICLE T. Registration and Inspection Fees on Machineries and Engines Attached to the

Land and Others

SECTION 3.T. 01 Definition. When used in this Article, Machinery shall embrace engines, mechanical contrivances, instrument, appliances and apparatus attached to the land or vessel. It should include the physi-cal facilities as well as the installation and appurtenant service facilities, together with all other equipments designed for a essential to its manu-facturing, commercial, industrial purposes.

SECTION 3.T. 02 Imposition of Fees. There shall be collected an annual inspection and registration fees for any machinery or engine in-stalled, such as internal combustion engine, steam engine, gas tank or recipient being operated in the municipality in accordance with the fol-lowing rates:

1. Annual Inspection Fee: same a. Boilers, each unit: 1. Under 10 horsepower P 100.00 2. 10 to 29 HP 130.00

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3. 30 TO 49 HP 160.00 4. 50 to 69 HP 190.00 5. 70 to 89 HP 220.00 6. 90 to 100 HP 280.00 Each horsepower over 100 HP 1.00

The above rating for boiler shall be base at 10 sq.feet of heat-ing surface for one boiler horsepower.

b. Pressure vessel, each unit: 1. Under 2 cubic feet P 25.00 2. From 2 to 5 cubic feet 35.00 3. Over 5 to 10 cubic feet 50.00

For cubic foot over 10 cubic ft. 2.00

c. Internal Combustion Engine, each unit: 1. Under 10 horsepower P 25.00 2. 10 to 29 HP 45.00 3. 30 to 49 HP 65.00 4. 50 to 69 HP 85.00 5. 70 to 89 HP 105.00 6. 90 to 100 HP 125.00 For every horsepower over 100 HP 1.00 The above rate shall be based on the horsepower fixed by the manu-

facturer of the engine.

d. Machinery propelled by electric motor, each unit: 1. ¼ to ½ horsepower P 5.00 2. ½ to less than 1 HP 10.00 3. 1 HP to less than 5 HP 20.00 4. 5 HP to less than 10 HP 30.00 5. 10 HP to less than 20 HP 40.00 6. 20 HP to less than 30 HP 50.00 7. 30 HP to less than 50 HP 70.00 8. 50 HP to less than 70 HP 90.00 9. 70 HP to less than 90 HP 110.00 10. From 90 to 100 HP 1,130.00 For every horsepower over 100 HP 1.00

The total number of machinery or engine of less than 100 horsepower capacity shall be charged in accordance with the above schedule and the horsepower rating of the machinery shall be the number of horsepower rating fixed on the propelling electric motor by the manufacturer:

e. Agricultural Machinery and Equipment 1. Tractor (Large) P 150.00 2. Tractor (Small) 100.00 3. Hand Tractor 60.00 4. Palay Tresher 60.00 5. Corn Shelter 60.00 6. Water pump 60.00 7. Palay Harvester 60.00

f. Gas Tank and/or recipient, each unit:

Every 27 cubic feet or fraction thereof, the owner Of the gas tank or recipient are subject to pay of Initial inspection only. P 20.00

g. Checking of plans or working drawing:

Every detailed working plan of steam boiler Internal combustion engine, air machinery to Be installed with respective accessories P 10.00 Every dumbwaiter, manlift, residential Elevators and related equipments P 10.00

Every detailed drawing of iron grills, 5.00 Screen or window bar

Every freight or passenger elevator 15.00

h. Refrigeration, air-condition and mechanical ventilation: 1. Refrigeration per ton P 50.00 2. Ice plant, per ton 70.00 3. Window type air-conditioner, each package And Centralized air-conditioning system Up to 100 tons, per ton 2.00 Over 100 tons, per ton 1.00

i. Escalator, per unit

Moving slide up to 50 lineal meter, each meter P 5.00 Each meter over 50 lineal meter 3.00

j. Elevator, per unit Less than 1,000 kg capacity, each P 100.00

k. Building water pump, each unit, per HP 3.00

l. Standby generating set (gasoline and/or diesel engine, each horsepower) 1.00

m. annual test or calibration, each 5.00

2.) Registration Fee:

The Municipal engineer or Municipal Building Official, after inspec-tion of the machinery , shall cause issuance of the certificate of regis-tration on any machinery installed. A registration fee is hereby imposed based on the total cost of the machinery (total cost shall be the actual cost of machinery including the arrastre and handling, customs duty, freight, brokerage, taxes and installation cost at the present site), the

amount of which are fixed as follows: Same

Below P 3,000.00 P 20.00 From 3,000.00 to 5,000.00 30.00 Over 5,000.00 to 8,000.00 50.00 Over 8,000.00 to 10,000.00 75.00 Over 10,000.00 to 20,000.00 120.00 Over 20,000.00 to 30,000.00 180.00 Over 30,000.00 to 40,000.00 220.00 Over 40,000.00 to 50,000.00 280.00 Over 50,000.00 to 75,000.00 350.00 Over 75,000.00 to 100,000.00 450.00 Over 100,000.00 to 150,000.00 550.00 Over 150,000.00 to 300,000.00 650.00 Over 300,000.00 to 500,000.00 750.00 Over 500,000.00 to 700,000.00 850.00 Over 700,000.00 to 900,000.00 1,000.00 Over 900,000.00 to 1,000,000.00 1,250.00 Over 1,000,000.00 to 2,000,000.00 1,500.00 Above 2,000,000.00 2,500.00

SECTION 3.T. 03 Time of Payment. The fees imposed herein shall be paid to the Municipal Treasurer after the inspection and before the registration of the machinery engine. Thereafter , the inspection shall be paid within the first 20 days of January each year, or with the first 20 days of the quarter, in case of quarterly installment, within which period, the Municipal Engineer or Municipal Building Official shall inspect each machinery or engine.

SECTION 3.T. 04 Administrative Provisions.

a.) All machineries, motors, generators, whether old or newly in-stalled within the jurisdiction of this municipality shall be regis-tered on January 20 of each year with the Office of the Municipal Engineer or Municipal Building Official.

All machines or engines which have not been registered and inspected in accordance with this article, shall be considered new and such registration certificate shall be furnished the Of-fice of the Municipal Treasurer.

b.) Inspection of all machineries and engines shall be done annually by the Municipal Engineer to whom a corresponding certificate shall be issued to the owner upon payment of fee herein im-posed.

b.) The Municipal Engineer or Municipal Building Official shall make a registry of all machineries or engines registered with the office, such registry shall contain the brand or make of the engine, date of acquisition, cost, volume or horsepower and name and address of the owner.

ARTICLE U. Permit and Inspection Fees on Fence Construction

SECTION 3.U. 01 Imposition of Fees. There shall be collected a per-mit fee for the construction of fence based on the following rates:

1. ) Fences made of indigenous materials and/or Exempted Barbed wire, chicken wire or dog wire.

2. ) Fences up to 1.80 meters in height made of materials Other than those mentioned above, per lineal meter or Fraction thereof P 3.00

3. ) Fences in excess of 1.80 meters in height made of Materials other than those mentioned above, per lineal Meter or fraction thereof P 3.50

4. ) Annual Inspection Fee. If the owner request inspection, The fee for each of the services enumerated below is P 100.00 a.) Architectural Presentability b.) Structural Stability c.) Fire Resistive Requirements d. Line and Grade Conformity

5.) Mayor’s Permit P 100.00

SECTION 3.U. 02 Time of Payment. The permit and inspection fee shall be paid to the Municipal Treasurer before the issuance of the cor-responding permit, to which application in prescribed forms shall be submitted to the Office of the Municipal Engineer or Municipal Building Official.

SECTION 3.U. 03 Administrative Provision. No person or entity shall construct fence without securing first a fencing permit from the Office of the Municipal Engineer or Municipal Building Official who shall evaluate compliance of building construction requirements.

ARTICLE V. Permit Fee to Possess Fire Arms

SECTION 3.V. 01 Time of Payment. There shall be collected annual regulatory fee of one hundred fifty (150.00) pesos from every person who had been authorized by proper authorities to possess firearm/s by special permit or firearm license.

SECTION 3.V. 02 Exemption. The fee imposed in this Article shall not be collected from employee of the Municipal Government and those exempted under existing laws.

SECTION 3.V. 03 Time and Manner of Payment. The regulatory fee imposed herein shall be paid to the Municipal Treasurer upon applica-tion for the permit and renewal thereof.

SECTION 3.V. 04 Administrative Provision. Every resident of this municipality who has been authorized to possess firearm license or per-mit to possess shall apply for a permit with the Office of the Mayor.

SECTION 3.V. 05 Applicability Clause. Existing laws, rules and regu-lations governing firearms are deemed applicable in the implementation of this Article

CHAPTER IVSERVICE FEES

ARTICLE A

SECRETARY’S FEE

SECTION 4.A. 01 Imposition of Fee - There shall be collected the following fees from every person requesting for copies of official records and documents from different offices in this municipality:

a.) Certificate Fee P 75.00 b.) True Copy of public document 50.00c.) Research Fee 25.00d.) In excess of 1 page an additional charge per page 5.00 SECTION 4.A. 02 Time and Manner of Payment - The fee shall

be paid to the Municipal Treasurer at the time of the request of the in-terested party written or otherwise for the issuance of the copy of any Municipal record or document.

SECTION 4.A. 03 Exemption. The fee shall not be collected for cop-ies furnished to other offices or branches of the government for offi-cial business except for copies required by the court at the request of litigants, in which case, charges shall be made in accordance with the above-mentioned rates.

ARTICLE B

LOCAL REGISTRY FEE

SECTION 4.B.01 Imposition of Fees - There shall be collected for services rendered by the Local Civil Registrar of this Municipality, the following fees:

RATIFICATION OF FEES PRESCRIBED IN THE IMPLEMENTING RULES AND REGULATIONS

OF R.A. 9048

SECTION 4.B.02 Prescribed Fees. The following shall be the corre-sponding filing fee chargeable to every petitioner who files for correc-tion of a clerical change of first name or nickname in the civil registrar.

a.) For correction of clerical or typographical error P 1,000.00b.) For change of name or nickname 3,000.00c.) Migrant petitioner: 1. For correction or typographical error 500.00 2. For change of first name 1,000.00d.) For registration of the following: and certified copies document

on file in the office of the Local Civil Registrar 1. Legitimation P 200.00

2. Adoption 200.00 3. Annulment of marriage 200.00

4. Registration of Live Birth 50.00 Late Registration below 1 year Additional of 10.00 5. Legal Separation or divorce 200.00 6. Naturalization 200.00 7. Election of Citizenship 100.00 8. Certified copies of any document 50.00 In the registrar, each 100 words 10. Voluntary emancipation of minor 50.00 11. Repartition or voluntary renunciation 100.00 Of Citizenship 12. Recognition of impugning or denying such 50.00 Registration, recognition or acknowledgement 15. Judicial determination of paternity or 50.00 Affiliation 16. Aliases 50.00 17. Court decision in the custody of children 50.00 For guardianship or adoption 18. Late registration of live birth for over 1 year 25.00 For every year delayed per year 19. Late Registration for five (5) years 200.00 21. Certified copies of marriage contract, each 50.00 22. Certification of death: 100.00 For claims and settlement 23. Certification of Live Birth For Student 50.00 For Employment 50.00 For Travel Abroad 100.00

For Retirement and Claims 30.00 For application to take board exam 30.00

For establishing citizenship 30.00

b.) Marriage fees:

1. Application for marriage license 300.00 2. Filing fee 100.00

3. Marriage License fee 50.00 4. Marriage Solemnization fee (Mayor ) 300.00

5. Issuance of Marriage certificate 50.00 6. Family Planning Counseling fee 50.00 7. Research Fee 30.00

c.) Permits for cadaver disposition

1. Death Certificate 30.00 2. Burial Permit fee 50.00 3. Fee for Exhumation of cadaver 100.00

4. Fee for disinterment or removal of cadaver 100.00 5. Entrance fee and transfer fee of cadaver 100.00

To the municipality and transfer of the Cadaver from the municipality to other places Outside the municipality.

d.) Other service fees/research fees

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1. For the preparation of marriage license 50.00 2. For the registration of divorce 50.00

3. For the registration of adoption 50.00 4. For registration of legitimation 50.00 5. For registration of naturalization 50.00

6. For the registration of the change of name 50.00 7. For services of issuance of certified true 50.00

Copies of documents and other records 8. For services in the issuance of copies of 50.00

Documents and other official records SECTION 4.B.03 Exemption. The above fees shall not be collected in

the following cases:

1. Issuance of certified copies of documents for use at the request of a competent court or other government agency.

2. Request of certified copies of documents and applicants for CCE and CFN of indigent persons (Rule 2 – 7 of IRR of RA 9048) with a certificate of indigency issued by MSWDO.

3. Burial permit for a pauper, upon recommendation of the munici-pal mayor.

4. Issuance of certified true copies of birth certificate of children reaching school age when such certificate are required for ad-mission to the primary grades in a Public School.

SECTION 4.B.04 Time of payment - The fee imposed in this Article shall be paid to the Municipal Treasurer before the registration of the documents or birth or issuance of a certified copy of a local registry document.

SECTION 4.B.05 Administrative Provision – A marriage license shall not be issued unless a certificate is issued by the Local Civil Registrar that the applicants have undergone lectures in Family Planning conducted by the Office of the Family Planning.

ARTICLE C

Police Clearance fee

SECTION 4.C.01 Imposition of Fee – There shall be collected a ser-vice fee for each Police Clearance issued on the following rates:

(a) Police Clearance For scholarship, employment, study grants 50.00 Other purpose not herein specified for travel abroad 300.00 For firearms permit application 200.00 For change of name 50.00 For application for Filipino Citizenship 200.00

SECTION 4.C.02 Time of Payment – The fee imposed in this Article shall be paid to the Municipal Treasurer upon application for the clear-ance and before the certificate applied for.

SECTION 4.C.03 Administrative Provision – No Police Clearance shall be issued unless the applicant submits the Barangay captain Clearance. The Barangay Captain’s Clearance shall be issued in the place where the applicant has his/her residence.

ARTICLE D

Tax Clearance Certificate fee

SECTION 4.D.01 Imposition fee – There shall be collected service fee for every tax clearance certified issued by the Municipal treasurer/assessor on every person who is required to secure thereof before he engage in any business activity within this municipality, based on the following rates:

(a) Tax clearance certification for every business 75.00 (b) Establishment, renewal of business (bonding)(c) Or other purposes 50.00(c) Certified true copy of Tax Declaration 50.00 In printed forms (double this fee if there are two (2) pages in a sheet) (d) Research Fee 25.00

SECTION 4.D.02 Time of Payment – The fee imposed in this article

shall be paid to the Municipal Treasurer upon application but before the tax clearance is issued.

SECTION 4.D.03 Administrative Provision – Tax clearance certificate shall issued only upon verification that the applicant has paid all tax ob-ligations to the municipality.

ARTICLE E

Service Fee for health Examination

SECTION 4.E.01 Imposition of Fee- There shall be collected from every person who is required to undergo physical or health examination in connection with his/her work in accordance with the provisions of this code and other ordinances, based on the following rate:

(a) Barbers, cook, food handler, driver, waiter, waitress 50.00 And other person of similar undertaking(b) Photo-florouscopic examination 150.00(c) X-ray, per film 150.00(d) Blood examination: Blood typing (cbl), Hemoglobin 100.00 Percentage determination, Urinalysis 50.00 Fecalysis 50.00 AFB Smear 50.00(e) Extraction of: Incisor 100.00 Cuspid molar 100.00

Phophylaxis 100.00 Filling: Analgam 100.00 Acaptic 100.00(f) Family Planning Certificate Fee 50.00

A fee of ten (10) pesos shall be collected for each additional copy of the medical certificate or subsequent thereof.

(g) Other person required to undergo medical examination 100.00(h) Autopsy report (except requested by the PNP or Court) 200.00(i) Medicolegal 100.00

SECTION 4.E.02 Time of Payment – The fee imposed in this Article shall be paid to the Municipal Treasurer after the medical or dental ser-vices is conducted but before the issuance of the medical certificate.

SECTION 4.E.03 Administrative Provision – Individual engaged in an occupation the nature of which job or work is in connection with the preparation of foodstuff, whether cooked or raw in form, are hereby re-quired to undergo physical or medical examination at least twice a year.

Owner, manager or operator of business establishment shall see to it that their employees or workers required to undergo physical or health examination have been issued the medical certificate and blue card.

The Municipal Health Officer and Municipal Dentist shall keep a re-cord of physical and other health examination conducted and copies of the medical certificate issued indicating the name of the applicant, date and purpose for which the examination was made.

ARTICLE F

SANITARY INSPECTION FEE

SECTION 4.F.01 Imposition of Fee – There shall be collected the fol-lowing annual fees from owner of business establishment, industrial, commercial or agricultural including house accessories and building for rent, for the issuance of sanitary inspection certificate from the Munici-pal Mayor through the Municipal Health Officer for sanitation and safety of the public upon payment of the following fees:

(a.) Sanitary Inspection fee 50.00(b.) Sanitary Inspection certificate 50.00

SECTION 4.F.02 Time of Payment – The fee imposed in this Article shall be paid to the Municipal Treasurer after inspection of the business establishment has been made by the Municipal Health Officer of his au-thorized representative but prior to the sanitary inspection certificate by the Municipal Mayor through the Municipal Health Officer and upon renewal of the same every year thereafter within the first twenty (20) days of January.

SECTION 4.F.03 Administrative Provision – The Municipal Health Of-ficer or his duly authorized representative shall conduct an annual in-spection of all business establishment and houses for rent to determine their adequacy of ventilation, general sanitary condition and propriety for habitation.

The Municipal Health Officer shall require evidence of payment of the fee imposed herein before he issues the sanitary inspection certifi-cate.

Sanitary inspection may be made by the Municipal Health Officer or his authorized representative whatever in his judgment inspection is necessary to prevent the spread of epidemics and monitor compliance of the establishment to sanitary rules and regulations.

ARTICLE G

REGISTRATION FEES FOR OPERATION OFMOTORIZED TRICYCLE

SECTION 4.G.01 Definitions. When used in this Article

(a) Motorized Tricycle is a motor vehicle propelled other than by mascular power, composed of a motorcycle fitted with a single wheel sidecar or a motorcycle with a two wheeled cab, the latter having a total of four wheels, otherwise known as the motore-la-

(b) Tricycle Operator are persons engaged in the business of operat-ing 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 of license to a person, natural or piridical, al-lowing him to operate tricycles-for-hire over specified zones,

(e) Zone is a contiguous land area or block, say a subdivision or ba-rangay, where tricycles-for-hire may operate without a fixed ori-gin and destination.

SECTION 4. G.02 Impositions of Fees. The Municipal Treasurer or his duly authorized representatives shall collect the following fees in connection with the application for MTOP:

A. 1. Application fee P 50.00 2. Mayor’s Permit 100.00 3. Supervision Fee 50.00 4. Franchise Fee (3 years) 300.00 5. Cost of Plate 50.00 6. Legal Research Fee 25.00 7. Identification Card (I.D.)/Occ. Tax 125.00 8. Cost of Sticker-renewal 30.00 9. 25% surcharges for late registration 10. Additional Unit 200.00

C. Other Fees on Tricycle Operations:

1. Operating without franchise 500.00 2. Operating with expire franchise 300.00 3. Operating without or incomplete body 100.00 4. Operating without or incomplete numbering Name of TODA 5. Tricycle operating without or defective lights 100.00 6. Tricycles operating without or with defective muffler 100.00 7. Tricycle unit without interior lights 100.00 8. Dirty tricycle unit 100.00 9. Use of unauthorized sidecar body number 100.00 10. Unregistered substitute or replacement of engine/chassis 100.00 11. Inconspicuously displayed sticker 100.00 12. Failure to attach current annual sticker on the side car Windshield 100.00 13. Operating out of line 200.00 14. Driving without LTO Certificate or Registration 100.00 15. Charging excessive fare than the prescribed rate 200.00 16. Driving the influence of liquor or prohibited drugs 1,000.00

SECTION 4. G.03 Fare Structure and Schedule of Fares Route A. 1.) From Siramag to Duran P 7.00 2.) From Siramag to Coguit 15.00 3.) From Duran to Coguit 7.00 Route B. 1.) From Siramag to Luluasan P 10.00 2.) From Siramag to Pararao 11.00 3.) From Luluasan to Pararao 7.00 4.) From Siramag to Marokbarok 12.00

Route C. 1.) From Siramag to Laganac P 10.00

Route D. 1.) From San Francisco to Tapayas vice-versa P 7.00

SECTION 4.G.04 For the purpose of this Article. A Municipal Tricycle Operator’s Permit Regulatory Board is hereby created as follows:

Chairman: Committee on Public Utility & Transportation & TODA

Members: Committee on Laws & Fed. Pres. TODA SB Secretary Municipal Treasurer

The MTOP Regulatory Board has the following functions and respon-sibilities:

1. Reproduce all prescribed forms and attachments as well as other necessary documentation forms.

2. Receive and review application forms and the prescribed attach-ment and record in the logbook kept for the purpose all accepted applications, with their respective case number duly indicated.

3. Accomplished the individual evaluation sheet and forward the same with the corresponding application papers to the munici-pal mayor for appropriate action.

SECTION 4.G.05 Requirements for MTOP Application

1. Proof of Filipino Citizenship such as but not limited to the birth certificate or court order granting naturalization.

2. Proof of ownership of tricycle unit(s) as contained in the appli-cations which is the registration certificate issued by the Land Transportation Office (LTO)

SECTION 4.G.06 Operation of Trimobiles for public conveyances shall be subject to all existing traffic rules and regulations and all national laws applicable thereto and the route of operation to be determined by the Sangguniang Bayan.

SECTION 4.G.07 Revocation. Any permit and/or franchise for trimo-bile under this article maybe revoked by the municipal mayor for non-compliance of any requirements thereof, and for lack of safety devices and comfort of the riding public.

SECTION 4.G.08 Administrative Provisions. a.) Prospective operators of tricycles should first secure a Motor-

ized Tricycles 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 therefore; determine, fix, prescribe or periodically adjust fares or rate for the service provided in a zone after public hearing; pre-scribe 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 three (3) years reasonable fees and other related charges in the regulation of tricycles-for-hire and established and prescribe the con-ditions and qualifications of service.

c.) Only Filipino citizens and partnership or corporation with 60% Filipino equity shall be granted the MTOP shall be granted by the municipality unless the applicant is in possession of units with valid registration papers from the Land Transportation Of-fice (LTO).

d.) The grantee of the MTOP shall carry a common carriers insur-ance sufficient to answer for any liability it may incur to passen-gers and third parties in case of accidents.

e.) Operators of tricycle-for-hire shall employ drivers duly licensed by LTO for tricycles-for-hire.

Bikol reporter16 april 8 - 14, 2012BIKOL REPORTER16 APRIL 8 - 14, 2012

f.) Tricycles-for-hire shall be allowed to operate like a taxi service; i,e. service is rendered upon demand and without fixed route within a zone.

g.) The municipal treasurer shall keep a registry of all tricycle opera-tors, which shall include among others, the name and address of operators and the number and brand of tricycles owned by the said operator.

ARTICLE H

PERMIT FEE ON OPERATION OF TRICYCLE PEDICAB/PEDALLED (PADYAK)

SECTION 4.H.01 Imposition of Fees. There shall be collected from the owner of tricycle pedicab operated within the municipality as fol-lows:

Tricycle Pedalled1. Application fee per annum 50.00 50.002. Mayor’s permit fee per annum 75.00 50.003. Cost of Plate 50.00 50.004. For each additional unit of Padyak 50.00 50.005. Occupational Tax with ID 125.00 125.00

SECTION 4.H.02 Time and Manner of Payment. The fees imposed herein shall be due within the first 20 days of January every year and shall be paid to the Municipal Treasurer or his duly authorized repre-sentative. For “Padyak” acquired after January 20 the fees shall be paid without penalty within the first twenty (20) days of the month following the acquisition.

A penalty equivalent to 25 % of the annual mayor’s permit fee shall be charged per unit for late registration.

SECTION 4.H.03 The driver of any tricycle pedicab are required to secure a driver’s I.D. upon presentation of his/her birth certificate, 2x2 I.D. pictures and a payment of Php. 125.00.

Only those persons who are 18 years old and above will be allowed to secure a drivers I.D. to drive a tricycle pedicab.

SECTION 4.H.04 Rate of Fare. The rate of fare for tricycle pedicab shall be Php. 5.00.00 per regular passenger. For student, senior citizens and disabled, the discounted fare shall be Php. 4.00. Provided, that said persons shall present their current valid identification cards.

SECTION 4.H.05 It shall be unlawful for any person to drive, to use or operate, whether for hire or for private service any pedicab within the municipality during night time without the proper lighting devices installed on said vehicle.

ARTICLE I. SERVICE CHARGE FOR GARBAGE COLLECTION

SECTION 4.I.01 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:

(a) Manufacturer of any article or commerce, assembler, Repackers, processors, brewers, distillers, rectifiers and Compounder of liquors, distilled spirits and wines. 500.00

(b) On wholesalers, distributors or dealers in any form Of commerce 500.00

(c) On exporters and manufactures, millers, producers, Wholesaler, distributors, dealers or retailers of essential Commodities. 300.00 (d.) On contractor and other independent contractor 300.00

(e.) On retailers 1. Sari-sari store (small) 100.00

2. Sari-sari store (big) 300.00 3. Bazar, groceries, drugstores, department store, etc. 300.00 4. Others 200.00

( f.) On eating places like café, cafeterias, restaurants and Similar establishment. 300.00

(g.) On service business establishment, financial institution Amusement places, lodging places, etc. 300.00

(h.) On all other establishment not mentioned above 300.00

SECTION 4.I.02 Time and Manner of Payment – The fees prescribed in this article shall be paid to the Municipal Treasurer within the first twenty days of January of each year or to the authorized representative who shall collect the said fee from the establishment.

SECTION 4.I.03 Administrative Provisions.

(a) For the purpose of imposition, the area of garbage collec-tion shall only be the business area of the town proper and Public Market.

(b) The owner or operator of the aforementioned business es-tablishment shall provide for his premises the required gar-bage can or receptacle, which shall be placed in front of his establishment before the name of garbage collection.

(c) The Sanitary Inspector (for the Municipal Health Officer) for his authorized representative and the Municipal Mayor or his representative shall inspect once every month the said business establishment to find out whether garbage is prop-erly disposed or collected within the premises.

(d) This Article shall not apply to business operators or es-tablishments which provides their own system of gar-bage disposal.

ARTICLE J

RENTALS ON REAL PROPERTIES OWNED BY THE MUNICIPALITY

SECTION 4.J.01 Imposition of Fees. The following rates of rentals fees for the use of real properties owned by the municipality shall be collected.

Land only: Reclamation Area – along road going to fire station To proposed pantalan 1.00/sq.m.

A - Commercial 10.00/sq.m. B – Residentials Class A – Concrete materials 3.00/sq.m. Class B – Light materials 2.00/sq.m.

Masbate Streets A. Commercial Area – In front of Premiumed Market 10.00/sq.m. B. Residentials Class A – Concrete materials 3.00/sq.m. Class B – Light materials 1.00/sq.m.

SECTION 4.J.02 Time and Manner of Payment. The fee imposed in this Article shall be paid to the Municipal Treasurer in monthly at the end of the month or annual basis.

ARTICLE K

REGISTRATION FEES ON FISHING BOATS AND MOTOR

SECTION 4.K.01 Registration of Fishing Vessel

The Municipality of Balatan through the Office of the Municipal agri-culturist (OMA) shall keep a registry of fishing vessel 3GT and below. The registry shall be for the purposes of information generation, monitor-ing and regulation, establishment of identity, ownership of vessels and maritime safety.

The office of the Municipal Agriculturist (OMA) shall maintain and update the registry of fishing vessels with the assistance of the BFARMC’s and MFARMC’s and shall submit the updated registries to the office of the Mayor and Municipal Treasurers Office.

The LGU shall regularly submit the list of fishing vessels registered and/or deleted, cancelled from registry within the first quarter of the succeeding year to the MARINA Central Office or Regional Office con-cerned, the PCG Station Detachment and BFAR Regional Office.

The Barangay councils shall be furnished a copy of the registry to be posted in the barangay hall and other strategic locations where it shall be accessible to the public for validation of the correctness and com-pleteness of the list.

SECTION 4.K.02 Eligibility for Fishing Vessel Registration

Only those fishing vessels that are owned by Filipino Citizens, single proprietorship and/or corporations fully owned by Filipinos and duly registered or accredited fisher folk associations and cooperative shall be eligible for registration.

SECTION 4. K.03 Color-coding and Vessel and Identification Scheme

To make vessel highly visible at a distance and for easy identify and other related purposes, all duly registered municipal fishing vessels in the municipality shall be painted in the following manner:

a. Batiola and Out-Trigger - White b. Walling - Yellow c. Keel - Red d. Registration Number - Depending on the discretion of MAO’s

office e. Name of Fishing - Any color preferred by owner

Any vessel which does not comply with the foregoing color coding and identification scheme shall be presumed to be without a license and subject to boarding, inspection, and impoundment.

SECTION 4.K.04 Cancellation of Fishing Vessel Registration

The fishing vessel registration shall be deleted or cancelled under the following circumstances;

a. Loss or decay of the fishing vessels;b. Involvement of the fishing vessel in a maritime incident;c. Transfer of municipal area of operation of the fishing vessels;d. Failure to renew within sixty (60) days; ande. Such other lawful causes such as but not limited to the intention

of suspending the operation.

Under the foregoing circumstances, the owner/operator of the sub-ject vessel shall immediately inform the municipality through the office of the Municipal Agriculturist.

SECTION 4.K.05 Monitoring of the Registered Fishing Vessel

For the monitoring purposes, the municipality shall assign a color to the number, which shall be changed yearly for identification if the fishing

vessels licenses have been renewed or not. The change in the color of the number shall be the discretion of the office of the municipal agricul-turist. (OMA)

SECTION 4.K.06 Imposition of Fee

There shall be collected the following annual registration/license fee from the owner of each fishing boat or motorboat of three ( 3) gross tons or less operated within this municipality as prescribed hereunder:

a. Non motorized fishing boat 25.00b. Motorized vessel with less than 10HP engine 100.00c. Motorized vessel with 10HP to 16HP engine 150.00d. Motorized vessel with more than 16HP engine 250.00

SECTION 4.K.07 Time and Manner of Payment The fee herein im-posed shall be paid to the Municipal treasurers office on or before the 15th day of January and to be renewed annually.

Provided, that the barangay Certification containing the name and the address of the owner, the vessel’s measurement, engine band and horsepower, type of fishing gear to be utilized in its operation, name of vessels, color and other identifying marks shall be the mandatory regis-tration requirements.

Provided finally, that in case there is a transfer of ownership, the owner shall register the fishing vessels in his name within fifteen (15) days after requiring ownership of the same. The owner shall no lon-ger pay the registration fees for the current year if payment has already been made by the previous owner. However, failure to register said fish-ing vessel within the prescribed fifteen (15) days period shall be subject the new owner to a fine of Two Hundred Pesos (200.00) and his vessel shall be impounded until such time that it is registered in his name and the fine is being paid at the Municipal Treasurer’s Office.

SECTION 4.K.08 License/Permit to Use Fishing Gear

The use of any fishing gear shall not be allowed in the Municipal Wa-ter unless the same is registered with the office of the Municipal Ag-riculturist upon the recommendation of the FARMC. The correspond-ing license or permit to use such gear shall be issued by the Municipal Mayor through the said office, upon payment of the following permit at the Municipal Treasurers Office, to wit:

KIND OF FISHING GEAR Mayor’s Annual Permit Fee1. Fish Nets 1.1 Pangasag 100.00 50.00 1.2 Pangke sa tabi 100.00 50.00 1.3 Lagare 100.00 50.00 1.4 Pangke sa laot 100.00 100.00

2. Fish Traps 2.1 Bobo Fish Pot/Crab Pot Small 50.00 20.00 Medium 50.00 20.00 Large 50.00 30.00 2.2 Bintol (Crab Lift Net) 50 units and below 50.00 20.00

3. Using Hook and Line Without light 50.00 40.00 With torch used in fishing 50.00 30.00 With Petromax 50.00 60.00

4. Other Fishing Gear 4.1 Sensoro/Sarap (beach seine) 100.00 1,000.00 4.2 Kalansisi 100.00 300.00 4.3 Lagare/Paanod 100.00 300.00 4.4 Barangay 100.00 300.00

Provided finally, that fishing with the use of the unregistered fishing gears shall subject such gear for impounding until such time that the same be registered and licensed. The fish catch shall be confiscated in favor of the Municipal Government.

SECTION 4.K.09 Auxiliary Invoice for the Transport of Fish and Fish-ery Products.

No fish and fishery products shall be transported from this munici-pality, as a point of origin, to their point of destination in other parts of the country and/or for export purposes without the required auxiliary invoice by the office of the following prescribed fees:

FISH AND FISHERY PRODUCTS

a. Preserved fish/aquatic products (Iced, salted, dried & smoked) .50/kl.b. Assorted kinds of shells .25/kl.c. Dried Sea, Cucumber, meat of clums .20/kl.d. Dried Sea Weeds and other .20/kl.e. Dried Squid .20/kl.f. Fresh Sea Weeds .20/kl.g. Dried Sea Horse .20/kl.h. Live Fin Fishes and other live species .20/kl.i. Patis, Bagoong and other products .20/kl.j. All other classified marine products .15/kl.

Provided, that the Municipal agriculturist shall ensure that no aux-iliary invoice shall be issued for the transport of fish and fishery prod-ucts which are declared as health hazard and those which are caught in violation of this Ordinance, and all other laws applicable. The same shall likewise ensure all traders of fish and fishery products in this mu-nicipality shall first secure the auxiliary invoice before transporting their products.

Bikol reporter 17april 8 - 14, 2012 BIKOL REPORTER 17APRIL 8 - 14, 2012

CHAPTER V

MUNICIPAL CHARGES

ARTICLE A

REGULATING FISHING AND/OR FISHERY PRIVILEGES

SECTION 5.A.01 License, Permit, Fishery Grant

It shall be unlawful for any person, cooperative, partnership asso-ciation or corporation to take or catch fish or other aquatic products by means of net traps or other fishing gears in the Municipal or by means of fishing boats or vessels three (3) tons gross or less, unless provided with the necessary license permit issued for the purpose by the Mu-nicipal Mayor. It shall be likewise illegal for any person, cooperative or partnership association or corporation to operate fish corrals or oyster culture beds, mussels or take catch “Bangus” fry or fry of other species for propagation within the jurisdiction of this municipality without first securing a municipal grant therefore conferred as provided by the law and this Article.

SECTION 5.A.02 Person Eligible for Fishing and/or Fishery Privi-leges and to Construct or Operate Fish Pens or Fish Cages.

The following are under this Article Eligible for fishing and/or Fishery privileges and to construct or operate fish pens/fish cages.

a. Citizens of the Philippinesb. Cooperatives, Partnership, Associations or Corporations duly

registered or incorporated under the laws of the Philippines and authorized to transact business in the Philippines, and at least sixty percent (60%) per centum of whose capital stock belong wholly to citizen of the Philippines.

SECTION 5.A.03 Division and Classification of Municipal Waters

The Municipal Waters within the jurisdiction of this municipality shall be divided and classified as follows:

Minimal AnnualRental a. For the erection of fish corrals Zone 1-from point _____ to point _____ Zone 2- from point _____ to point _____ Zone 3- from point _____ to point _____ b. For the Operation of culture beds Zone 4- from point _____ to point _____ Zone 5- from point _____ to point _____ c. For Construction of Fish Pens of Fish Cages for actual occupied 0.50/sq.m. d. For the Catching or taking of Bangus Fry, Prawn Fry or “Kawag-kawag” Zone 6- from point_____ to point _____ Zone 7- from point_____ to Point _____(Designated Government “bangus” Fry Reservation)

The division and classification including the amount to be paid for the above-cited shall be determined by the Sangguniang Bayan in con-sultation with the MFARMC.

SECTION 5.A.04 Government Bangus Fry Reservation

In the zoning and classification of Municipal Waters for purpose of awarding, thru, public bidding, areas for the construction or operation of fish corrals, oyster culture beds of the gathering of Fry, this municipality hereby set aside not more that one fifth (1/5) of the areas earmarked for the gathering of fry in Zone __ within its Municipal Waters, under sec-tion (d) of this Article as may be designated by the Sangguniang Bayan as Municipal “bangus” Fry Reservation.

SECTION 5.A.05 Exclusive Fishery Privileges

Operation of fish Corrals, Oyster Beds or Mussels or the catching of bangus Fry or Prawn Fry or Fry of other species for propagation shall be considered as exclusive fishery privileges which shall be granted to the highest bidder in public bidding held according to the provision of this Article.

The Sangguniang Bayan may grant to the highest qualified bidder the exclusive privileges of constructing and operating fish corrals, oys-ter culture beds, mussels or gathering Bangus Fry or Prawn Fry of other species, in Municipal Waters for a period not exceeding Five (5) years; Provided, However, that duly registered organizations and cooperatives of Marginal Fishermen shall have the preferential right, other parties may participate in the public bedding in conformity with the above cited whatsoever.

SECTION 5.A.06 Grant of Fishery Privileges to the Marginal fishery

The privileges to gather, take or catch bangus fry, prawn fry or kawag-kawag or fry of other species and fish form the Municipal Waters by Nets, traps or gear to Marginal fishermen is free of any rental fee, charge or any other imposition whatsoever.

SECTION 5.A.07 Issuance of Individual License in Case no Bidder Opt to Lease Fishing Zone

If, after two notices for the grant of exclusive fishery rights thru the public auction, no interested bidder opt to lease any fishing zone within the Municipal Waters, the Sangguniang Bayan is authorized to grant the privilege or erecting fish corrals, operating oyster culture beds or catch-ing Bangus fry, Prawn fry or “Kawag-kawag” within a definite area or portion of the Municipal Waters to individual fixed hereunder.

FISHING PRIVILEGES ANNUAL FEES1. Fishing Corral Operation in Marine waters

Per unit 1.1 Less than 3 meters deep 100.00 1.2 3 meters deep or more but less than 5 meters 200.00 1.3 5 meters deep 300.00 1.4 5 meters deep but less than 8 meters deep 500.00 1.5 8 meters deep or more 1,000.00 1.6 Payaos 1,000.002. Operation of Mussels/Oyster Culture Beds 1,000.003. For the establishments/operation of seaweeds Farms/ha; 3.1 Individual (1/4 ha maximum) 100.00 3.2 Juridical Person (1 ha maximum) 500.004. Catching “bangus fry” or prawn fry or kawag-kawag Or other species 4.1 Less than 1,000 sq/m. 715.00 4.2 1,000 or more but less than 2,000 sq.m 1,144.00 4.3 2,000 or more but less than 4,000 sq.m 2,145.00 4.4 4,000 or more but less than 6,000 sq.m 3,146.00 4.5 6,000 or more but less than 8,000 sq.m 4,290.00 4.6 8,000 0r more square meters 5,720.005. Fish corrals in inland fresh waters with an area of 5.1 Less than 500 sq. m 143.00 5.2 500 or more but less than 1,000 sq.m 286.00 5.3 1,000 or more but less than 5,000 sq.m 515.00 5.4 5,000 or more but less than 10,000 sq.m 715.00 5.5 10,000 sq.m or more 1,144.006. Other Fishing privilege 6.1 Gathering of aquarium fish/shell and other Similar activities not contrary to law 500.00 6.2 Fish Processing activities 500.00 6.3 Trading of fish species 500.00

SECTION 5.A.08 Application for Exclusive fishing Privileges

Application for any of the exclusive privilege mentioned in the pre-ceding sections shall be made on official form duly approved by the Sangguniang Bayan. Provided, that application for the construction, es-tablishment should contain the following requirements:

a. Location Plan of the area applied for within the designated fish pen, fish cage belt.

b. Articles of incorporation, by-laws and/or certificate of registra-tion when applicable.

SECTION 5.A.09 Area that Maybe Granted

Pursuant to section 5 of Fisheries Administrative Order No. 160, the following area maybe granted to qualified applications:

FOR FISHPENS

1. An individual may be granted an area of not more than two hun-dred (200 sq.m.)

2. A juridical applicant may be granted an area of not more than ten (10) hectares.

FOR FISHCAGES

1. An Individual may be granted an area of not more than two hun-dred (200 sq.m)

2. A juridical applicant may be granted an area of not more than one thousand pesos (1,000 sq.m).

SECTION 5.A.10 Submission of applicantion

All applicant shall be forwarded to the Municipal Secretary who shall submit the same to the Municipal Mayor. Upon receipt of the applica-tion, the Municipal Mayor shall satisfy himself that the license applied for will not prejudice public interest and that the portion or area from which an application for lease has been presented is not covered by any subsisting lessee.

SECTION 5.A.11 Committee on Auction

A committee on auction is hereby created to be composed of the Municipal Mayor as Chairman and two members of the Sangguniang Bayan as members. Membership in said committee is entirely within the discretion of the Sangguniang Bayan.

SECTION 5.A.12 Publication of Notice The Committee on auction shall advertise notice for sealed bids for exclusive fishery privileges in area or zones of the Municipal Waters available for erecting fish corrals or constructing or operating oyster cul-ture beds, mussels or catching bangus fry or prawn fry or fry of other species for propagation by posting said notice in a newspaper published in the locality if any, for a period of not less than fifteen (15) days.

SECTION 5.A.13 Time and place of auction

The Sangguniang Bayan, shall make a resolution, provided for a no-tice calling form sealed bids for the exclusive fishery privilege granted under Section 149 of Republic Act 7160 otherwise known as the Local government Code of 1991 specifying the time and manner, before an individual or an entity is entitled to participate, the procedure to be allowed by the Committee on auction before any exclusive privilege is granted and the bond as guarantee of good faith and for satisfactory compliance with the terms of the lease grant. The bond shall be in cash, real state situated within the Philippines or surely company authorized for that purpose in an amount not less than two years rentals.

SECTION 5.A.14 Report of Fish Caught

Any individual or entity who has obtained a fishery grant or license to take or catch fish to the Municipal Waters of the Municipality where he is fishing within the first ten days of each month, a monthly report

on triplicate copies, showing the kind, quantity, and value of sold fish caught during the month; Provided, that the Sangguniang Bayan shall furnish the Bureau of Fisheries such statistical information and date on fishery matters as are reflected in such forms.

SECTION 5.A.15 Restrictions License and Permits issued or contract executed under this Article

shall contain provisions to the effect that:

(a) No fish corrals or “baklad” or mussels farm shall be constructed within one hundred (100) meters of another fish corrals or sea-weed farm, fish culture, mussel farm in marine water;

(b) No fishing with the use of nets, traps, and other fishing gears shall be allowed within fifty (50) meters or any fish corral of mus-sel farm or seaweed/fish culture;

(c) The material for the construction of any fish corral or mussels farm or any structure using bamboo of “farm brava” (anahaw poles) should come from legitimate sources of areas covered by Minor Forest Product issued by DENR.

(d) The license or permittee of any fish corral or mussel farm shall install warning lights within the structure to make it visible at night to avert accident.

(e) The lessee, licensee or permittee shall not undertake any con-struction in areas outside the designated zones or which will ob-struct free navigation in Ragay Gulf, any stream or river following through or impede the flow of the tide and from the area. Any construction made in violation hereof shall be removed in ac-cordance with Section 55 of the Republic Act No. 8550 which also mandates the Department of Agriculture to formulate and implement rules and Regulations for immediate dismantling of existing obstruction to navigation, and shall be liable for penal-ties and provided by law.

Any provision thereof which is inconsistent to the provisions hereof is hereby repealed/revoked accordingly.

SECTION 5.A.16 Prohibition

It shall be unlawful to any person to catch, take or gather or cause to be caught, take or fish any Fishery/Aquatic products in municipal wa-ters with the use or explosive obnoxious or poisonous substance or by the use of electricity, Provided, that the Sangguniang Bayan shall rec-ommend to the secretary of Environmental Natural Resource Resources subject to such safeguards and conditions it deems necessary may allow for research, educational or scientific purposes only the use of explo-sives, obnoxious or poisonous substance or electricity to catch, take or gather fish or fishery/aquatic products in specified areas.

SECTION 5.A.17 Dealing of Illegally Caught Fish or Fishery/Aquatic Resources Products

Any person who knowingly possess, /deals, in sales, or any manner dispose of, for profit, any fish, fishery/aquatic products which have been illegally caught, taken or gathered shall, upon conviction by a competent court, be punished under the penal provisions of their Article.

SECTION 5.A.18 Applicability Clause

All existing laws, rules & regulations governing fishing in municipal waters hereby adopted as application of this articles.

ARTICLE B

SLAUGHTER AND CORRAL FEES

SECTION 5.B.01 Imposition of Fees – Before Any animal is slaugh-tered, for public or home consumption, a permit therefore shall be se-cured from the Municipal Mayor thru the Municipal Health Officer or his duly authorized representative who will determine whether the animal or fowl is fit for human consumption upon payment of the following per-mit to slaughter fee to the Municipal Treasurer:

There shall be imposed the following:

Permit fee to Slaughter. Before any animal is slaughtered for public consumption, a permit fee therefore shall be secured from the municipal livestock inspector who will determine whether the animal is fit for hu-man consumption, thru the Municipal Treasurer upon payment of the corresponding fees.

Large cattle, per head 100.00 Hogs, per head 50.00

Other animals (such as but not limited to 25.00 Goats, ship, etc.) (a) Slaughter fee. There shall be paid fee to cover the cost of services

in the slaughter of animal at the Municipal Slaughterhouse, in accor-dance with the following rates:

1. For Public Consumption: Large cattle, per head 100.00 Hogs, per head 50.00

Other animals (such as but not limited to 25.00 Goats, ship, etc.)

2. For Home consumption:

Large cattle 75.00 Hogs 50.00 Other animals 50.00 (b) Coral fee, per head, per day:

Bikol reporter18 april 8 - 14, 2012BIKOL REPORTER18 APRIL 8 - 14, 2012

Large cattle 75.00 Hogs 50.00 Other animals 50.00

(c) Post mortem fee: There shall be paid to cover the cost of service in the conduct of post mortem examination of all kinds of meat coming from outside the municipality or slaughterhouse being brought to the public market for sale, based on the following rates:

Beef, carabeef, per kilo .50 Pork, per kilo .50 Other meat per kilo .50

SECTION 5.B.02 – Time of Payment. The fee imposed in this article shall be paid in the following manner:

1. Permit fee to slaughter – shall be paid to the Municipal Treasurer upon application for a permit to slaughter with the Municipal Mayor thru the Municipal Health Officer.

2. Slaughter fee – shall be paid to the Municipal Treasurer before the slaughtered animal is removed from the public slaughter-house, or before slaughtering the animal if it takes place outside the public slaughterhouse.

3. Coral fee – shall be paid to the Municipal Treasurer before the animal is kept in the municipal corral. If the animal is kept in the corral beyond the period paid for, the fee due on the unpaid period shall be paid first before the animal is removed from the corral for slaughter purposes.

4. Post mortem fee – shall be paid to the Municipal Treasurer be-fore the meat, coming from outside the municipality or slaugh-tered elsewhere, is sold in the public market.

SECTION 5.B.03 Exemption - Permit to slaughter shall not be col-lected nor granted on animals condemned by the Municipal Health Of-ficer.

SECTION 5.B.04 Administrative Provisions

(a) The slaughter of any kind of animal intended for sale shall be done only in the Municipal Slaughterhouse designated as such by the Sangguniang Bayan. Those intended for home consump-tion may be done elsewhere, except large cattle which shall be slaughtered only in the public slaughterhouse. Animals slaugh-tered for home consumption shall not be sold or offered for sale.

(b) The slaughter of carabao shall be governed by MC No. 4 dated November 12, 1980 of the Bureau of Animal Industry, Ministry of Agriculture.

(c) Before issuing the permit to slaughter of large cattle, the Mu-nicipal Treasurer shall require for branded cattle, the certificate of ownership if the owner is the applicant, or the original certifi-cate of ownership and certificate of transfer showing title in the name of the person applying for the permit if he is not the origi-nal owner. If the applicant is not the original owner and there is no certificate of transfer made in his favor, one such certificate shall be issued and the corresponding fee be collected therefore. For unbranded cattle that have not yet reached the age of brand-ing, the Municipal Treasurer shall require such evidence as well as satisfactory to him regarding the ownership of the animal for when permit to slaughter has been requested.

For unbranded cattle of the required age, the necessary cer-tificate of ownership and transfer certificate shall be issued and the corresponding fees collected before the slaughter permit is granted.

(d) Before any animal is slaughtered for public consumption a permit therefore shall be secured from the Municipal Mayor through the Municipal Health Officer. The permit shall bear the date and month of issue and stamp of the Municipal Health Officer, as well as the page of the book in which said permit number is en-tered and wherein the name of the permittee, the kind and sex of the animal to be slaughtered appears.

(e) The permit to slaughter shall be kept by the owner or posted in a conspicuous place in his stall or place of business at all time.

ARTICLE C

PERMIT/INSPECTION FEE ON ANIMALS

SECTION 5.C.01 Imposition of Fee. There shall be collected permit/inspection fee for animals, for shipment to places outside of this munici-pality, based on the following rates.

Mayor’s Permit 100.00 Large Cattle per Head 50.00 Hog less than 50 kilos/head 20.00 Over 50 kls. Per head 25.00 Fowls per dozen 20.00 Other animals/head 20.00

SECTION 5.C.02 Time of Payment The fee imposed herein shall be paid to the Municipal Treasurer by the person who wants to ship any of the above-mentioned animals to place outside the municipality after the same had been inspected by the livestock Inspector or and a sanitary inspection certificate has been issued.

SECTION 5.C.03 Administrative Provision No animal shall be shipped or transported to place outside this municipality without the sanitary inspection certificate and the fee therefore paid to the Munici-pal Treasurer.

No transport Company, agency or person engaged in sea, and or air

transportation shall allow or accept shipment or load the animals with-out the permit and sanitary inspection certificate presented by the ship-per thereof.

Verification and Inspection of animals shall be made in order to de-termine ownership or possession and fitness of the animal for human consumption.

ARTICLE D

INSPECTION FEE ON FISH, MEAT ANIMAL HIDES, ETC

SECTION 5.D.01 Imposition of Fee- There shall be collected an in-spection fee from every dealer or any person who shall ship or transport fish, meat, animal hide and similar products to places outside this mu-nicipality, based on the following notes:

Mayor’s Permit 100.00 Fresh fish 20.00/styro Dried fish 10.00/styro Cow 50.00/head Carabao 50.00/head Copra, Corn 250.00/truck Firewood 150.00/truck Firewood 75.00/jeep Anahaw 150.00/truck Bamboo 150.00/truck Pig 10.00/head Livestock ( chicken, etc.) .20/head SECTION 5.D.02 Time and Manner of Payment – The fee imposed in

this Article shall be paid to the Municipal Treasurer after the inspection is made and a sanitary certificate is issued.

SECTION 5.D.03 Administrative Provision

1. Any person or dealer of hide, fish, meat and the like who ships or transport the same shall secure the sanitary permit/inspec-tion certificate from the Municipal Health Officer and pay the fee herein imposed to the Municipal Treasurer.

2. No Bagoong (any form) dried fish (any kind) or animal hide shall be shipped or transported from this municipality without the sanitary inspection certificate.

3. No transportation company engaged in sea, land or air transport shall allow or accept the shipment of the above mentioned prod-ucts unless the owner thereof presented the sanitary inspection certificate issued for the purpose.

4. Before the issuance of Mayor’s Permit. The Sanitary Inspection Certificate is recognized to be presented.

CHAPTER VI

MARKET MANAGEMENT, OPERATIONAND REGULATION

ARTICLE A

MARKET SECTIONS AND CLASSIFICATIONS

SECTION 6.A.01 Market Sections and Classifications – For the pur-pose of this article, the public market of this municipality shall be di-vided in the following sections:

(a) Fish section – All kinds of fresh fish, clams, oysters, shrimps and marine products.

(b) Meat Section – All kinds of fresh meat from cow, hog, carabao, horse, goat fowl and swine.

(c) Fruit and Vegetable Section – All kinds of fruits, crops and veg-etables.

(d) Grocery and Sari-sari Section – All kinds of cakes, butter, cheese, confectioneries, candies, canned or bottled foods, flour, rice, corn, oat meals, onions, garlic, mongo, salt, soap, etc., soft drinks and other household items, including charcoal and fire-wood, coffee and sugar.

(e) Native Craft section – All kind of native products, wood carving, woven basket.

(f) Service Section – All kinds of business that offer and render ser-vices such as the barber shop, dress shop, botica/drug store, tai-lor shop and the like.

(g) Dry Good Section – All kinds of textile, novelties, ready made dresses and apparels, office supplies, and other similar items.

(h) Eateries and cooked Food Section – All kinds of cooked food in-cluding refreshment, halo-halo, ice cream, restaurants, café and cafeterias, and fast food centers.

ARTICLE B

PRESCRIBING RULES AND REGULATIONS FOR THE ADMINISTRATION OF PUBLIC MARKET BUILDING,

STALL OCCUPANCIES AND ITS RENTAL FEE AND OTHER CHARGES THEREOF:

SECTION 6.B.01 General Provision. It shall be the general policy of LGU Balatan, Camarines Sur to provide close administration through effective and efficient supervision and control of the public market on its physical facilities including its occupants therein for the safety and maintenance of the structures.

SECTION 6.B.02 Improvements. Occupants shall not be allowed to introduce, repair and modify structures in the market unless such improvements are deemed necessary and approved by the Municipal Mayor, through the Municipal Engineer, pursuant to structural design and specifications, provided that the same occupant waive its right to said improvements made at his expense.

SECTION 6.B.03 Maintenance. The municipality of Balatan, through the Office of the Mayor shall provide for the essential services and main-

tenance of the public market and market facilities, stalls including the improvements made thereof by the occupants; provided, however, that lights and water shall be assumed by the occupants.

SECTION 6.B.04 The Market Supervisor. The Market Supervisor shall be responsible for administration of the public market and shall su-pervise the activities therein. He should see to it that the rules and regu-lations concerning the operations and occupancy of the market stalls and sections are well-observed and that cleanliness and orderliness in the market premises are maintained

SECTION 6.B.04 Creation of Market Committee. There is hereby created a market committee composed of the Municipal Mayor as chair-man, the Sangguniang Bayan Committee on market & slaughterhouse chairman, the Municipal Treasurer, Market Vendor representative as members. The committee shall conduct the drawing of lots and opening of bids in connection with the adjudication of vacant stall.

SECTION 6.B.05 Qualifications of Occupants. Any individual, or group of individuals or corporations qualified under existing laws to un-dertake business inn the Philippines may apply for occupancy in the mar-ket; Provided however that bonafide residents of Municipality of Balatan shall be granted preferential consideration.

SECTION 6.B.06 Application to Occupy Market Stall. Interested parties shall apply to the office of the Municipal Treasurer for initial oc-cupancy of space in the market or for renewal of the same in the ensu-ing years. The Municipal Treasurer shall then submit the names of all qualified applicants to the Market Committee for the drawing of lots and opening of bids and the awarding of the stall to the winning bidder.

The application for occupancy of stall in the market shall be in the following form:

DateThe Municipal TreasurerBalatan, Camarines Sur

Sir:

I hereby apply for the lease of stall No.____ of _____ Section of Bala-tan, Premiumed Market, I am _______________ of legal age, Filipino Cit-izen, single/married, residing at ___________ Balatan, Camarines Sur.

The kind of business that I shall put up is _________ with the capital investment of _________.

Should the above named stall be leased to me in accordance with the existing rules and regulations, I promise to hold the same, and comply with the terms and conditions set forth in the Contract of Agreement which I shall hereafter sign in favor of the LESSOR as represented by the Municipal Mayor.

Very truly yours,

___________________ Applicant TIN No. ____________

SECTION 6.B.07 Adjudication of Stall.

a.) Lease Period. The contract of lease for a stall or office space shall be for a period of one (1) year renewable upon its expi-ration, unless revoked in accordance with the provision of this article.

b.) Notice of Vacancy. A notice of vacancy of a newly constructed stall shall be made for a period of ten (10) days immediately pre-ceding the date fixed for their award to qualified applicants to appraise the public of the fact that such fixed space is un oc-cupied and available for lease. Such notice shall be posted con-spicuously on the unoccupied stall and the bulletin of the public market. The notice of vacancy shall be in the following form.

NOTICE

Notice is hereby given that the Stall No. _____ or Space No._____ of the public market is vacant (or will be vacated) on __________. Any person, 21 years of age or more and is not legally incapacitat-ed, desiring to lease this stall, shall file an application therefore on the prescribed form (copies may be obtained from the Office of the Mayor). In case there are more than one (1) applicant, the award of lease of lots to be conducted on ______. At 10:00 O’clock in the morning at the Office of the Municipal Mayor by the Market Com-mittee. This stall is found at the ___________ section and intended for ___________

c.) Application for Lease. The application shall be under oath. It shall be submitted to the Office of the Municipal Treasurer/May-or by the applicant either in person of through his attorney.

d.) It shall be the duty of the Municipal Treasurer to keep a registry book showing the names and addresses of all applicants for a stall, the number of the stall and description of the stall applied for, the date and hour of each application. It shall also be the duty of the Treasurer to acknowledge receipt thereof.

e.) The Application shall be substantially in the following form:

The Municipal TreasurerBalatan, Camarines Sur

Sir/Madam: I hereby apply under the following contract for the lease of stall No. ___ of the______Public Market, I am ____________ years old, a citizen of ___________and residing at _________________.

Bikol reporter 19april 8 - 14, 2012 BIKOL REPORTER 19APRIL 8 - 14, 2012

The kind of business that I shall put is _____________ with a capital investment of _________________.

Should the above-mentioned stall or space be leased to me in accordance with the market rules and regulations, I promise to hold the same under the following conditions.

1. That while I am occupying or leasing this or leasing this stall, I shall in all times, has my picture and those of my helper/s conveniently framed and hanged conspicuously in the stall.

2. I shall keep the stall/space at all times in good sanitary con-ditions and comply strictly with all sanitary and market rules and regulations now existing or which may hereinafter be promulgated.

3. I shall pay the corresponding rents for the stall/office space in the manner prescribed by the code or other existing ordi-nance.

4. The business to be conducted in the stall/office space be-long exclusively to me.

5. That in case I engaged helpers, I shall nevertheless person-ally conduct my business and be present at the stall I shall promptly notify the market authorities of my absence giving my reason thereof.

6. I shall not transfer my privilege to the stall or otherwise per-mit another person to conduct therein.

7. Any violation on my part or on part of my helpers of the foregoing conditions shall be sufficient cause for the munici-pal authorities to cancel this contract.

Very truly yours,

__________________ Applicant

I _____________, do hereby state that I am the person who signed the forgoing application, that I have the contents of the same, and that the contents thereof are true and correct to the best of my own knowledge.

__________________ Applicant TIN ________________

SUBSCRIBED AND SWORN to before me this ____________ day of ___________ 20___ at ______________ Philippines, appli-cant-affiant exhibiting to me his/her Community Tax Certificate No. ______.; issued on ________ at _______________.

________________________ Administering Officer

f.) Applicant who are Filipino Citizens shall have preference in the lease of the public market stalls. If on the last day for filing appli-cation, there is no application from a Filipino citizen, the posting of the notice of vacancy shall be repeated for another ten (10) days period. If after the expiration of the period there is still no Filipino citizen applicant, the stall affected maybe leased to any alien applicant who filed the application first. If there are several alien applicant, the adjudication of the stall be made there draw-ing of lots to be conducted by the Market Committee.

In case there is only one (1) Filipino applicant, the stall ap-plied for shall be adjudicated to him. If there are several Filipino applicants for the stall, adjudication for the same shall be made thru drawing of lots to be conducted by the Market Committee on the date and hours specified in the notice. The result of the drawing of lots shall be reported immediately to the Municipal Mayor for appropriate action.

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

h.) Appeals – Any applicant who is not satisfied to the adjudication made by the Market Committee of the stall applied for, may file an appeal with the Department of Finance through the Munici-pal Mayor who may submit such appeal with his comment and recommendation as he may desire to make on the matter. The decision of the Secretary of Finance on the matter shall be final.

SECTION 6.B.07 Contract of Agreement/Lease. After approval of the application, the Municipal Government, herein represented by the Municipal Mayor, and the qualified applicants shall sign a contract of agreement/lease to be executed with the following form:

CONTRACT OF LEASE

KNOW ALL MEN BY THESE PRESENTS:

This agreement made this ___ day of ____,20__ between the mu-nicipal Government of Balatan, Camarines Sur, herein represented by the Municipal Mayor____________ of legal age, Filipino, married, with residence and postal address at __________, Balatan, Camarines Sur, hereinafter called the LESSOR, and ____________________________ of legal age, Filipino, single/married, with residence and postal address at ____________, Balatan, Camarines Sur called the LESSEE.

WITHNESSETH

1. That in consideration of the rent and the tenant’s covenant here-inafter reserved and contained, the lessor hereby leases to the lessee, stall no. _____ of section ______ stall of the PREMIUMED MARKET,

measuring a floor area of ___ square meter more or less, belonging to the LESSOR, said premises to be used for the purpose of vending and/or merchandising commercial goods and articles of trade classified as ___________..

To have and hold the same for a term of ______ ( ) year beginning

the day of _________ 20__.

The LESSEE shall pay the amount of Five Thousand Pesos (P 5,000.00) as goodwill/Occupancy fee for Dry Goods Stalls and Seven Thousand Pe-sos (P7,000.00) for Grocery and Carenderia Stalls, Provided that the said amount of Seven Thousand P7,000.00 and Five Thousand P5,000.00 re-spectively will not be refunded to the LESSEE at the end of the term of his occupancy or at time he surrenders his right to occupy the stall.

Yeilding and paying at the rate of __________ (P___) Philippines Cur-rency, per month payable_____________________. Provided, that if the monthly payment was made on or before the 10th day of the month the LESSEE will be given 5% discount of his/her rental for the month.

1. The LESSEE hereby further covenants within the LESSOR, as fol-lows:

a.) To pay the rent stipulated at the aforesaid time and man-ner.

b.) To pay the bill for electric current and water consumption.c.) To undertake and shoulder the expenses of the construction

of partitions, ceiling, doors and necessary painting, and the installation of light and water facilities, in accordance with the plan and specification to be furnished by the LESSOR. The cost and expenses to be incurred cannot be subject to refund and improvements or constructions introduced in the premises upon the expiration of the lease, shall auto-matically become the property of the LESSOR.

d.) Not to make any alteration or other improvements unless with the approval of the LESSOR.

e.) To keep the stall at all times in good sanitary conditions, maintain orderly conduct and safety measures, and com-ply strictly with all market rules/regulations now existing or which may hereafter be promulgated.

f.) Not to use the premises for any unlawful or offensive pur-poses, like but not limited to gambling and drinking intoxi-cating liquor, contraband, prohibited drugs, any inflamma-ble or explosive goods or materials.

g.) That the LESSOR shall not be liable for any loss of damages which the LESSEE may sustain in the premises, due to any cause whatsoever.

h.) To permit the LESSOR at all reasonable times, to enter upon, examine the stall, and make such repairs, as LESSOR may deemed necessary for the protection thereof.

i.) The LESSEE shall not use the leased premises for dwelling or sleeping purposes.

j.) Not to assign this lease or sublease the stall or any part of its premises or otherwise permit another person to conduct business herein.

k.) At the end of said term, peaceably to deliver to the LESSOR the demised premises, vacant and unemcumbered in good tenantable order and condition.

2. Provided that in case of breach of any terms herein contained, the LESSOR may while the default shall continue, and not with-standing any waiver of any prior breach of condition, LESSOR with out notice in demand enter upon the premises and thereby terminated this lease, and may thereupon expel the LESSEE and if the breach is non-payment of rentals the LESSOR may retain all the merchandise of the LESSEE until the rental in arrears are paid.

3. Should the LESSEE failed to pay the rent herein stipulated in ac-cordance with the terms above-mentioned, or violates the terms of this contract the LESSOR shall have the right to eject the LES-SEE from the premises and to collect and recover from him ac-crued rents.

4. The parties herein, mutually and faithfully agree to comply with the terms and conditions above set forth.

IN WITNESS HEREOF, we have hereunto sign our name at Balatan, Camarines Sur, this ______ day of ______, 20__.

For the Local Government Unit of Balatan

______________________ ______________________ Municipal Mayor LESSEE

LESSOR

Signed in the Presence of :

_______________________ _______________________ Witnessess Witnessess

ACKNOWLEDGEMENT

Republic of the Philippines)Province of Camarines Sur) S.S.Municipality of Balatan )

In the Municipality and Province above named this _____ day of ______ 20__, at Balatan, Camarines Sur appeared before me _____________________________ exhibited his/her/Community Tax Cert. No.____________ issued on ______ at _____________________ both known to me and to be the same persons who execute the forego-ing instruments and acknowledge to me that the same is their free and voluntary act and deed.

WITNESS my hand and notarial seal at the place, date at supra.

____________________

NOTARIAL PUBLIC Until ________ PTR ________ TIN _________Doc. ________Page No. ________Book No. ________Series of ________

SECTION 6.B.08 Discount. There shall be a ten (10%) percent tax incentives benefits or discount given to the permanent occupancy of market stall or lessee; who shall religiously pay by monthly within the 5th day of every paying month.

ARTICLE C

MARKET STALL RENTALS, FEES DURING MARKET DAYS AND PERMIT FEE FOR TEMPORARY USE OF SIDEWALK

OR ALLEY OF TRANSIENT VENDOR DURING TOWN FIESTA ON FEBRUARY 1-24, OF EVERY YEAR IN THEREAFTER

SECTION 6.C.01 Imposition of Fees. There shall be collected a mar-ket rental fees in public market (PREMIUMED), entrance fee and permit fee for temporary use of sidewalk or alley from every individuals or any person engaging in business of commerce owned and maintained by the municipality of Balatan, Camarines Sur based on the following rates:

I – Rates at the PREMIUMED MARKET BUILDING:

1. Dry Goods Section 42.00 per day 2. Eatery/Carenderia 80.00 per day 3. Upgraded 60.00 per day 4. Fruits and Vegetables 28.00 per day 5. Grains & Cereals 25.00 per day 6. Wet Section 30.00 per day

II - Entrance Fee shall be collected for the sale of goods;

(a) Fish ( Fresh, dried, salted, smoke) 7.00 Per box, banera, caing, etc (b) Fruits, Vegetables and Root Crops 7.00 (c) Eggs per tray 1.50 (d) Root crops, per sack 4.00 Bananas, per sack 5.00 Per bunch 1.50 (e) Mats, hats, baskets, ropes, and the like per bundle 4.00 (f) Earthen jar, each 1.00 (g) Second hand clothes, per bundle 7.00 (h) Rice and Corn per sack 1.50 (i) Charcoal, per sack 3.00 (j) Nipa thatches and bamboo splits, per hundred 7.00 (k) Firewood, per bundle, small .50 Firewood, per bundle, big 1.00 (l) Livestock, per head: Over 50 kilos 7.00 Less than 50 kilos 5.00 Piglets 5.00 (m) Assorted goods for display, per sq.meter/day 4.00 (n) All kinds of vegetables, fruit and the like, per square meter, per day and for all related agricultural products 3.50

III - There should be collected market fees of 5.00 per day per square meter for the following:

(a) Fish section (b) Meat section (c) Fruit and Vegetable section (d) Grocery and Sari-sari section (e) Native Craft section (f) Service section (g) Dry Good section (h) Eateries and Food section

* Clarificatory Provision: No peddler’s, transient vendors shall be allowed to display his/her

goods/articles on the day beyond the market day.

Market guard shall have the responsibility to cause the security of such goods/articles being kept until the designated time prescribed in the use of market premises. SECTION 6.C.02 Miscellaneous Provisions on Stall.

1. Vacancy of the stall before expiration of the lease. If for any reason, a stallholder or lessee discontinue or is required to dis-continue his business before his lease contract expires, such stall shall be considered vacant and its occupancy thereafter shall be disposed of in the manner herein prescribed.

2. Partnership with stallholder. A market stallholder who enters into business partnership with any party after he required the right to lease such stall have no authority to transfer to his partner/s the right to occupy the stall, in case of death or any legal disability of the stallholder to continue occupying the stall for a period not exceeding sixty (60) days within which to wind up the business of partnership. If the surviving partner is quali-fied to occupy a stall under the provision hereof, and the spouse, parents, son or daughter, or relative within the third degree of consanguinity or affinity of the deceased is not applying for the stall, he/she shall be given the preference to continue occupying the stall concerned, if he/she applies for it.

3. Lessee to personally administer his stall. Any person who has been awarded the right to lease a market stall in accordance with the provisions hereof, shall occupy, administer and be pres-ent personally at his stall. He/she can employ helpers who must

Bikol reporter20 april 8 - 14, 2012BIKOL REPORTER20 APRIL 8 - 14, 2012

be a citizen of the Philippines, including but not limited to his spouse, parents and children who are actually living with him and who are not disqualified under the provisions hereof. The person to be employed as helpers shall under no circumstances, be person with whom the stallholders has any commercial rela-tion or transactions.

4. Dummies. In any case where the person registered to be the owner or holder of the stall is the public market, is found to be not the person who actually occupies the said stall, the lease of such stall shall be cancelled.

5. The Municipal Treasurer thru the Market Supervisor Designee shall cause a notice to the lessee pertaining to the renewal or termination of their lease contract of market stall on the last week of November of every year and thereafter the last year of the lease contract.

SECTION 6.C.03 RULES AND REGULATIONS

1. The peddling or sale outside the public market and its premises of foodstuffs which easily deteriorate, like fish, meat and the like is hereby prohibited.

2. No person shall utilize the public market for residential purpos-es.

3. It shall be unlawful for any person to peddle, hawk, sell or trans-fer or offer for sale, or expose for sale any article in the passage-way used by purchasers in the market premises.

4. It shall be unlawful to any person to resist, obstruct, annoy or impede any market employee or personnel in the performance of his duties.

5. It shall be unlawful for any person to drink, serve or dispense li-quor or any intoxicating drinks within the premises of the public market.

6. No merchandise or article shall be sold, offered for sale, or ex-posed for sale in the public market unless the same was legally acquired by the vendor or stallholder and the taxes thereon had been paid.

7. It shall be unlawful for any lessee to remove or construct elec-trical wiring or water connection without prior permit from the Municipal Engineer/Building official and approved by the Mu-nicipal Mayor.

8. It shall be the duty of every stallholder to provide in his establish-ment a receptacle or can for his garbage and a fire extinguisher.

9. It shall be unlawful for stallholder or lessee to use the stall other than what has been applied for.

10. All weight and measures being used by the lessee shall be sealed or calibrated in the office or agency concerned and the fee thereof be paid to the Municipal Treasurer.

11. The Municipality of Balatan, Camarines Sur shall not be respon-sible to the occupants of stall for any loss, damage or brought about by fire, theft, robbery, “force” or any other causes. All articles or merchandise left in the market during closure time shall be at the risk of the stallholder or owner thereof.

12. All article/All article/merchandise abandoned in the public mar-ket in violation on any of the provisions of the Article or any rules and regulations on the management of the market, shall be deemed a nuisance. It shall be the duty of the Market Su-pervisor Designee to take custody thereof. In case the article are claimed within twenty four (24) hours thereafter, they shall be returned to the original owner upon payment of the actual expenses incurred in their safekeeping, unless they have no de-teriorated to constitute a menace to public health, in which case they shall be disposed of in the manner directed by the Mayor who may in his discretion cause the criminal prosecution of the guilty or morally warn him against future violation. In case whose articles have not deteriorated and are not claimed within the time herein fixed, said articles shall be sold at public auction, and the proceed thereof shall be disposed in accordance with law.

ADMINSTRATIVE PROVISIONS

SECTION 6.C.04 All transient contractors, suppliers, dealers, whole-salers, distributors and other business owners doing business in the municipality, shall first obtain a Mayor’s Permit and shall pay their busi-ness taxes during the period of its activity or on the last day of business operation.

SECTION 6.C.05 No construction either horizontal/vertical shall be commenced by any contractor without securing the necessary Building/Mayor’s Permit.

SECTION 6.C.06 No building permit shall be issued by the Municipal Building Official unless the contractor’s Business Tax is fully paid.

ARTICLE D

PRESCRIBING RULES AND REGULATIONS GOVERNING THE USE OF ROADS, STREETS, STALLS, PARKING AREAS

DURING ANNUAL FIESTA CELEBRATION STARTING FEBURARY 1-24.

SECTION 6.D.01 Imposition of Fees. There shall be collected an oc-cupancy rental and other fees for the following commercial spaces/areas as follows:

I – DURING ANNUAL FIESTA

IA. RENTAL FEES

1. Areas along and infront of Pastor store, Erna Bagasbas, and service road/parking Spaces along landscape and administrative Building with a space equivalent to ____ Linear square meters or 4 x 7 @ 12.00/sq.m. Minimum 7 days Feb. 13-19 - - - - - - - - - - - - - - - - 2,352.00 Maximum 21 days Feb. 1-21 - - - - - - - - - - - - - - - - 7,056.00

2. Second row along administrative building Basto Street and General Luna Street, Along Masbate Street 4 x 7 @ 7.00/Sq.m. Minimum 7 days Feb. 13 – 19 - - - - - - - - - - - - - - - -- 1,372.00 Maximum 21 days Feb. 1-21 - - - - - - - - - - -- - - - - - - 4,116.00

3. The vacant portions of PPA area beside The terminal shall be used temporarily as Amusement facility area (Bingohan/Peryahan) For a lot rental fee of P30,000.00 payable on The 1st day of January, prior to his operation.

IB & IIB – OTHER FEES

1. Mayor’s Permit Fee P 150.00 2. Sanitary & Health Certificate Fee 50.00 3. Garbage Fee 100.00 4. Occupational Tax 200.00 5. Inspection Fee 50.00 6. Water bill (30.00 x 7 days) 210.00 ( 30.00 x 21 days) 630.00 7. Miscellaneous Fee 50.00

SECTION 6.D.02 TIME AND OF PAYMENT. The fees prescribed in this Article shall be paid to the Municipal Treasurer this municipality upon filing of application for occupancy of the lot/spaces before any transient vendors can vend their goods. NO PAYMENT NO CONSTRUCTION OF STALL policy shall be imposed by the office of the Municipal Treasurer.

SECTION 6.D.03 ADMINISTRATIVE PROVISIONS.

1. The office of the Municipal Treasurer shall prepare the sketch plan and be submitted to the Sangguniang Bayan for approval on or before December 15 of each year.

2. The bonafide resident vendors shall be given preference in the granting and awarding of stall/spaces during fiesta however, they shall signify and pay the corresponding fees within 5 days starting January 1 of each year.

3. Every applicant is required to pay in full the amount for lot/space rentals equivalent to the number of actual days ap-plied but with a minimum of 7 days.

4. The FIRST-COME-FIRST SERVED BASIS must be observed in the awarding of aforesaid commercial space/areas/stalls.

5. Payment made under Section 6.D.02 is non-refundable, for any reason that such lot/spaces were not occupied and for any violation of the foregoing rules and regulations which causes the cancellation/revocation of the permit.

6. To keep the stall/areas at all times in good sanitary condi-tions and comply strictly with all sanitary and market rules and regulations.

7. The Market Supervisor-Designee together with the MTO employee designated by the Municipal Treasurer shall in-spect from time to time every stall whether the provisions of this Article have been complied with.

8. The LGU reserves the right to issue additional conditions/requisite for compliance of occupants as it may deem neces-sary.

CHAPTER VII

GENERAL ADMINSTRATION AND PENAL PROVISIONS

ARTICLE

COLLECTION AND ACCOUNTING OF MUNICIPAL TAXES AND OTHER IMPOSITIONS

SECTION 7.A. 01 Tax Period. The tax period for all taxes, fees and charges imposed under this Ordinance shall be the calendar year.

SECTION 7.A.02 Accrual of Tax. Unless otherwise provided in this Ordinance, all taxes, fees and charges imposed herein shall accrue on the first (1st) day of January of each year, as regards tax subjects then liable therefore, but an entirely new tax, fee or charge, or changes in the rate of existing taxes, fees of charges, shall accrue on the first (1st) day of the quarter next following the effectivity of the Ordinance imposing such new levies or taxes.

SECTION 7.A.03 Time of Payment. Unless specifically provided here-in, all taxes, fees and charges imposed in this Ordinance shall be paid within the first twenty (20) days of January or each subsequent quarter as the case may be.

SECTION 7.A.04 Interest on Unpaid Tax, Fee or Charges. In case a tax, fee or charge provided in this Ordinance is not paid on the date fixed herein, there shall be collected, as part of the amount in interest thereon at the rate not exceeding two percent (2%) per month from the date it is due until it is paid. But in n o case, shall the total interest on the unpaid amount or a portion thereof exceed 36 months.

Alternately, at its option, the Sangguniang Bayan may impose a speci-fied tax bases, a surcharge of twenty-five percent (25%) of the amount of taxes, fees or charges not paid on time and an interest at the rate of not exceeding two percent (2%) per month of the unpaid taxes, fees or charges including surcharges, until such amount is fully paid in no case shall the total interest on the unpaid amount or portion thereof exceed thirty-six (36) months.

SECTION 7.A.05 Collection. All the taxes, fees charges due this mu-nicipality shall be collected by the Municipal Treasurer or his duly autho-rized representatives.

Unless otherwise specifically provided in the Ordinance or under ex-isting laws and ordinances, the Municipal Treasurer is hereby authorized, subject to the approval of the Municipal Mayor, to promulgate rules and regulations for the proper and efficient administration and collection of taxes, fees and charges herein levied and imposed.

SECTION 7.A. 06 Issuance of Receipts. It shall be the duty of the Mu-nicipal Treasurer or his authorized representative to issue the required official receipts to the person paying the tax, fee or charge wherein the date, amount, name of the person paying and the account for which it is paid are shown.

SECTION 7.A. 07 Record of the Person Paying Revenue. It shall be the duty of the Municipal Treasurer to keep a record, alphabetically ar-ranged and open to public inspection during office hours including the amount of municipal taxes, fees and charges all persons are paying.

SECTION 7.A. 08 Accounting of Collection. Unless otherwise pro-vided in this Ordinance and other existing laws and ordinances, all mon-ies collected by virtue of this Ordinance shall be accounted for in ac-cordance with the provision of existing laws, rules and regulations and credited to the General Fund of this municipality.

SECTION 7.A. 09 Examination of Books of Accounts. The Municipal Treasurer shall, by himself through any of his representatives duly au-thorized in writing, examine the books of accounts and other pertinent records of the business establishments doing business within the mu-nicipality and subject to the municipal taxes, to ascertain. Asses and col-lect the true and correct amount of the tax due from the taxpayer con-cerned. Such examination shall be made during regular business hours once every year for every tax period, which shall be the year immedi-ately preceding the examination. Any examination conducted pursuant to the provision of this Section shall be certified by the examining official and such certificate shall be made of record in the books of accounts of the taxpayer concerned.

In case the examination herein authorized is to be made by the duly authorized representative of the Municipal Treasurer, there shall be a written authority issued to the former which shall be specifically state the name, address and business of the taxpayer whose books of ac-counts and pertinent records are to be examined, the date and place of such examination, and the procedure to be followed in conducting the same.

The books of accounts kept by the business establishments pursuant to the provisions of the National Internal Revenue Code shall be suf-ficient for determining the correct amount of municipal taxes and other impositions and establishments shall no longer keep other or separate books of accounts for the purpose.

The forms and guidelines to be observed for the proper and effective implementation of this Section shall be those prescribed by the Secre-tary of Finance.

ARTICLE B

CIVIL REMEDIES FOR COLLECTION OR REVENUE

SECTION 7.B. 01 Local Government’s Lien. Local taxes, fees, charges and other revenue herein provided constitute a lien, superior tom all liens, charges or encumbrances in favor of any person, enforceable by appropriate administrative or judicial action not only upon any property used in business, occupation, practice of profession or calling, or exer-cise or privilege with respect to which the lien is imposed. The lien may only be extinguished upon full payment of the delinquent local taxes, fees and charges including related surcharges and interests.

SECTION 7.B. 02 Civil Remedies. The civil remedies for collection of local taxes, fees or charges and related surcharges and interest resulting from delinquency shall be:

a.) By administrative action thru distraint of goods, chattels or ef-fects and other personal property of whatever character, includ-ing stocks and other securities, debts, credits, bank accounts and by levy upon real property and interest in or rights to real prop-erty and

b.) By judicial action

Either of these remedies or all may be pursued concurrently or simul-taneously at the discretion of the Municipal Treasurer.

SECTION 7.B. 03 Distraint of Real Property. The remedy by distraint shall proceed as follows:

a. Seizure. Upon failure of he person owing any local tax, fee or charge to pay the same at the time required, the Municipal Trea-surer or his representative may, upon written notice, seize or confiscate any personal property subject to the lien,

b. Accounting of Distrained Goods. The officer executing the dis-traint shall make or cause to be made an account of goods, chat-tels or effects distrained, a copy of which signed by himself shall be left either with the owner or person from whose possession the goods, chattels or effects are taken or at the dwelling or place of business of that person and with someone of suitable age and discretion, to which list shall be added a statement of the sum demanded and a note of the time and place of sale.

a. Publication. The officer shall forthwith cause a notification to be exhibited in not less than three (3) public conspicuous place in the territory of the local government unit where the distraint is made, specifying the time and place of sale and articles dis-trained. The time of sale shall not be less than twenty (20) days after notice to the owner or possessor of the property as above specified and the publication or posting of notice shall be at the Office of the Municipal Mayor.

b. Released of the Distrained Property upon Payment prior to Sale. If at any time prior to the consumption of the sale, all proper charges are paid to the office conducting the same, the goods or effects distrained shall be restored to the owner.

c. Procedure of Sale. At the time and place fixed in the notice, the

FEBRUARY

Bikol reporter 21april 8 - 14, 2012 BIKOL REPORTER 21APRIL 8 - 14, 2012

officer conducting the sale shall sell the goods or effects so dis-trained at public auction to the highest bidder for cash. Within five (5) days after the sale, the Municipal Treasurer shall make a report of the proceeding in writing to the Municipal Mayor.

Should the property distrained be not disposed at within one hundred and twenty (120) days from the date of distraint, the same shall be considered as sold to the Local Government Unit concerned for the amount of the assessment made thereon by the Committee on Appraisal and to the extent of the same amount, the tax delinquencies shall be cancelled.

Said Committee on Appraisal shall be composed of the Mu-nicipal Treasurer as Chairman, with a representative of the COA and the Municipal Assessor as member.

d. Disposition of Proceeds. The proceeds of the sale shall be ap-plied to satisfy the tax, including the surcharges, interest and other penalties incident to delinquency and the expenses of the distraint and sale. The balance over and above what is required to pay the entire claim shall be returned to the owner of the property sold. The expenses chargeable upon the seizures and preservation of the property pending the same and no charge shall be imposed for the services of the local officer or his repre-sentative. Where the proceeds of the sale are insufficient to sat-isfy the claim, other property may, in like manner, be distrained until the full amount due including all expense is collected.

e. Levy on Real Property. After the expiration of the time required to pay the delinquency tax, fee or charge, real property may be levied on or before, simultaneously, or after the distraint of personal property belonging to the delinquent taxpayer. To this end, the Municipal Treasurer shall prepare a duly authenticated certificate showing the name of the taxpayer and the amount of the tax, fee or charge and penalty due for him. Said certificate shall operate with a force of a legal execution throughout the Philippines. Levy shall be affected by writing upon said certifi-cate the description of property upon which levy is made. At the same time written notice of the levy shall be mailed to or served upon the proper Municipal Assessor and Registrar of Deeds who shall annotate the levy on the tax declaration and certified a title of the property, respectively, and the delinquent taxpayer of if he is absent from the municipality, to his agent or the manager of the business in respect to which the liability arose of if there be none, to the occupant of the property in question.

In case the levy on real property was not issued before or si-multaneously with the warrant of distraint on personal property and such property of the taxpayer is not sufficient to satisfy his delinquency, the Municipal Treasurer shall within thirty (30) days after execution of the distraint proceed with the levy on the tax-payer’s real property.

A report on any levy shall, within ten (10) days after the re-ceipt of the warrant, be submitted by the levying officer to the Sangguniang Panlalawigan.

f. Penalty of Failure to Issue and Execute Warrant. Without preju-dice to criminal prosecution under the Revised Penal Code and other applicable laws, if the Municipal Treasurer fails to issue or execute the warrant of distraint or levy after the expiration of the time prescribed or if he is found guilty of abusing the exer-cise thereof by competent authority shall be automatically dis-missed from the service after due notice and hearing.

g. Advertisement and Sale. Within thirty (30) days after levy, the Municipal Treasurer shall proceed to public advertise for sale or auction the property or a usable portion thereof as may be nec-essary to satisfy the claim or cost of sale and such advertisement shall cover a period at least thirty (30) days. It shall be effected by posing a notice at the main entrance of the municipal building and in public and conspicuous place in the barangay where the real property is located and by publication once a week for three (3) weeks in a newspaper of general circulation in the province, city or municipality where the property is located. The adver-tisement shall contain the amount of taxes, fees or charges and penalties due thereon, and the time and place of sale, the name of the taxpayer against whom the taxes, fees or other charges are levied and a short description of property to be sold. At any time before the date fixed for the sale, the taxpayer may stop the proceeding by paying the taxes, fees charges, penalties and interest. If he fails to do so, the sale shall proceed and shall be held either at the main entrance of the Municipal Building or on the property to be sold or at any other place as determined by the Municipal Treasurer conducting the sale specified in the notice of sale.

Within thirty (30) days after the sale, the Municipal Treasurer

or his representative shall make a report for the Sangguniang Bayan and which shall form part of his record. After consultation with the sanggunian, the Municipal Treasurer shall make and de-liver to the purchaser a certificate of sale showing the proceed-ings of the sale, describing the property sold, stating the name of the purchaser and setting out the exact amount of all taxes, fees charges and related surcharges, interest or penalties. Provided, however, that any excess in proceeds of the sale over the claim and cost of sale shall be turned over to the owner of the proper-ty. The Municipal Treasurer may, by a duly approved ordinance, advance an amount sufficient to defray the cost of collection by means of the remedies provided for in this ordinance, including the preservation or transportation in case of personal property and the advertisement and subsequent sale, in case of personal and real property including improvements thereon.

j. Redemption of Property Sold. Within one (1) year from the date of sale, the delinquent taxpayer or his representative shall have the right to redeem the property upon payment to the Munici-pal Treasurer of the total amount of taxes, fees or charges and related surcharges, interest or penalties from the date of delin-quency to the date of sale plus interest of not more than two

percent (2%) per month of the purchase price from the date of redemption.

Such payment shall invalidate the certificate of sale issued to the purchase and the owner shall be entitled to a certificate of redemption from the Municipal Treasurer or his representative.

The Municipal Treasurer or his deputy, upon surrender by the purchaser of the certificate of sale previously issued to him shall forthwith return to the latter the entire purchase price paid by him plus the interest of not more than two (2%) per month herein provided for the portion of the cost of sale and other le-gitimate expenses incurred by him and said property thereafter shall be free from lien of such taxes, fees or charges and other related surcharges, interest and penalties.

The owner shall not, however, be deprived of the possession of said property and shall be entitled to the rentals and other income thereof until the expiration of the time allowed for its redemption.

k. Final Deed of Purchaser. In case the taxpayer fails t redeem the property as provided herein, the Municipal Treasurer shall ex-ecute a deed conveying to the purchaser so much of the prop-erty as has been sold free from liens of any taxes, fees, charges, related surcharges, interest and penalties. The deed shall suf-ficiently recite all the proceedings upon which the validity of the sale depends.

l. Purchase of Property by the Municipality for Want of Bidder. In case there is no bidder for the real property advertised for sale as provided herein or if the highest bid is for an amount insuffi-cient to pay the taxes, fees, charges, related surcharges, interest, penalties and cost, the Municipal Treasurer conducting the same shall purchase the property in behalf of the municipality con-cerned to satisfy the claim and within the two (2) days thereafter shall make a report to his proceedings which shall be reflected upon the records in his office. It shall be the duty of the Reg-istrar of deeds concerned registration with his office with any such declaration of forfeited to transfer the title of the forfeited property to the Municipality of Balatan without the necessity of an order from a competent court.

Within one (1) year from the date of such failure, the taxpayer

or any of his representative may redeem the property by paying the Municipal Treasurer the full amount of taxes, fees, charges and related surcharges, interest or penalties and the cost of sale. If the property is not redeemed as provided herein, the owner-ship thereof shall be fully vested on the Municipality of Balatan.

m. Resale of Real Estate taken for Taxes, Fees, or Charges. The Sang-guniang Bayan may, through a duly approved ordinance and upon notice of not less than twenty (20) days, sell and dispose of the real property acquired thru the preceding paragraph at pub-lic auction. The proceeds of the sale shall accrue to the general fund of the Municipality of Balatan

n. Collection of Delinquent Taxes, fees, Charges or other Revenue through Judicial Action. The Municipality of Balatan may enforce the collection of delinquent taxes, fees, charges or other rev-enues by civil action in any court of competent jurisdiction. The civil action shall be filed by the Municipal Treasurer within the period prescribed in Section 194 of the Republic act No. 7160 as implemented under Article 285 of the Implementing Rules and Regulations (IRR).

o. Further Distraint or Levy. The remedies by distraint and levy may be repeated if necessary until the full amount due including all expenses is collected.

p. Personal Property exempt from Distraint or Levy. The following property shall be exempt from distraint and the levy, attached or execution thereof for delinquency in the payment of any local tax, fee or charge including the related surcharges and interest. 1.) Tools and the implements necessarily used by the delin-

quent taxpayer in the trade or employment;2.) One (1) horse, cow, carabao or other beast of burden such

as delinquent taxpayer may select and necessarily used by him in his ordinary occupations;

3.) His necessary clothing and that of all his family;4.) Household furnitures and utensils necessary for housekeep-

ing and used for that purpose by the delinquent taxpayer such as he may select of a value not exceeding ten thousand (P10,000.00) pesos;

5.) Provisions including crops actually provided for individual or family use sufficient for four (4) months;

6.) The professional libraries of doctors, engineers, lawyers, and judges;

7.) One (1) fishing boat and net, not exceeding the total value of ten thousand (P10,000.00) pesos by the lawful use of which a fisherman earns his livelihood; and

8.) Any material or article forming part of a house or improve-ment of any real property.

CHAPTER VIII

ARTICLE A

GENERAL PENAL PROVISION

SECTION 8.A. 01 Penalties for Violation of Tax Ordinance. Any per-son or persons who violates this Ordinance or the rules and regulations promulgated by the authority of this Ordinance shall, upon conviction, be punished by a fine of not less than ONE THOUSAND (1,000.00) PESOS, but not more than FIVE THOUSAND (2,500.00) PESOS or imprisonment of not less than one (1) month nor more than six (6) months, or both at the discretion of the court.

If the violation is committed by any juridical entity, the President, General Manager or the individual entrusted with the administration thereof at the time of commission of the violation shall be held respon-sible or liable therefore.

Punishment by a fine or imprisonment as herein provided for shall not relieve the offender from the payment of the tax, fee or charge im-posed under this Ordinance.

CHAPTER IX

ARTICLE A

FINAL PROVISIONS

SECTION 9.A. 01 Separability Clause. If for any reason, any section or provision of this Ordinance shall be held to be unconstituted or invalid by competent authority, such judgement or action shall not affect or im-pair the other section or provisions thereof.

SECTION 9.A. 02 Repealing Clause. All ordinance, rule and regula-tions or parts thereof inconsistent with or in conflict with the provisions of this Ordinance shall be deemed repealed or amended accordingly.

SECTION 9.A.03 Date of Effectivity. This Ordinance shall take effect on the day following its publication.

ENACTED: January 30, 2012 _________________________________________________________

WITH OUR CONCURRENCE:

(Sgd.) HON. AURORA I. CUARTO (Sgd.) HON. JORGE Z. PARAÑAL JR.

(Sgd.) HON. MA. ISABEL B. BORJA (Sgd.) HON. WENEFREDO R. MEDIADO

(Sgd.) HON GABRIEL R. HUAB (Sgd.) HON. NELSON C. BALATAN

(Sgd.) HON. FRANCISCO F. ADUVISO JR. (Sgd.) HON. ERNESTO BALATAN

(Sgd.) HON. SHIRLYN B. NOLASCO

_________________________________________________________

I HEREBY CERTIFY to the correctness of the foregoing ordinance.

(Sgd.) RONILO L. BONGALOS OIC-SB SecretaryAttested:

(Sgd.) HON. GERALD B. NOLASCO Presiding Officer/Vice-Mayor

Approved:

(Sgd.) HON. ERNESTO A. BAGASBAS Municipal Mayor

EXCERPTS FROM THE MINUTES OF THE 8THth REGULAR SESSION OF THE SANGGUNIANG BAYAN MEMBERS 2010-2013, BALATAN, CAMARINES SUR, HELD ON MARCH 12, 2012 AT THE MUNICIPAL SESSION HALL.

PRESENT:

HON. GERALD B. NOLASCO Vice-Mayor/Pres. Officer

SB MEMBERS:

HON. AURORA I. CUARTO HON. WENEFREDO R. MEDIADOHON. MA. ISABEL B. BORJA HON. AQUILINO C. SILVANOHON. GABRIEL R. HUAB HON. NELSON C. BALATANHON. FRANCISCO F. ADUVISO HON. ERNESTO BALATAN HON. JORGE Z. PARAÑAL, JR. HON. SHIRLYN F. NOLASCO

ABSENT:

N O N E_________________________________________________________

ORDINANCE NO. 2012-005

“AN ORDINANCE PRESCRIBING THE POLICIES, CONDITIONS AND GUIDELINES FOR THE RECLASSIFICATION OF AGRICULTURAL LANDS WITHIN THE JURISICTION OF THE MUNICIPALITY OF BALATAN, CAMARINES SUR.”

Author: Hon. Aquilino C. SilvanoCo-Authors: Hon. Gabriel R.Huab

Hon. Jorge Z. ParañalHon. Nelson C. Balatan

Hon. Francisco F. AduvisoHon. Aurora Cuarto

Hon. Ma. Isabel B. Borja

Be it ordained by the Sangguniang Bayan of the Municipality of Bala-tan, that:

Bikol reporter22 april 8 - 14, 2012BIKOL REPORTER22 APRIL 8 - 14, 2012

ARTICLE I - DECLARATION OF PRINCIPLES AND POLICIES

SECTION 1. - Land has a social function and land ownership has a social responsibility. Owner of agricultural lands have the obligation to cultivate directly or through labor administration the lands they own and make them productive.

SECTION 2. - Reclassification of agricultural land is not a right owner-

ship but a mere privilege which shall at all time conform with the logical intents and expressed provisions of agrarian legislations and the require-ments of planned urban development.

SECTION 3. - Urban growth and expansion must be directed and reg-ulated towards a dispersed urban net and a more balanced urban-rural development.

SECTION 4. - Effective people’s participation in the urban develop-ment process must be encouraged. Agricultural lands may be classified only upon prior consultation with the barangays where they are situ-ated.

ARTICLE II - DEFINITION OF TERMS

SECTION 5. - AS USED IN THIS ORDINANCE. –

a. Agricultural Purpose or Activity shall refer to the cultivation of the soil, planting of drops growing of fruit trees, raising of live-stock, poultry or fish, including the harvesting of such farm prod-ucts, and other farm practices performed by a farmer in con-junction with such farming operations done by persons whether natural or judicial.

b. Agricultural land shall refer to public or private land devoted to agricultural activity as herein defined and not classified as min-eral or forest land;

c. Idle or Abandoned Land shall refer to any agricultural land not cultivated, tilled or developed to produce any crop nor devoted to any specific economic purpose continuously for a period of three (3) years immediately prior to the application for reclas-sification;

d. Reclassification shall refer to the official act of the municipal government of allowing the change in the classification of ag-ricultural land into residential, commercial or industrial lands, manifested through an ordinance, and

e. Conversion shall refer to the official act of the Department of Agrarian Reform authorizing the change of the current use of a parcel of agricultural land into any non-agricultural use or pur-pose.

ARTICLE III - RECLASSIFICATION OF AGRICULTURAL LANDS

SECTION 6. - NON-RECLASSIFIABLE LANDS. - The following shall not qualify for reclassification:

a. Agricultural lands distributed to agrarian reform beneficiaries, subject to Section 65 of RA 6657, otherwise known as the Com-prehensive Agrarian Reform Law;

b. Agricultural lands already issued a notice of coverage by the De-partment of Agrarian reform under Section 16 (a) of RA 6657;

c. Agricultural lands already made subject of Voluntary Offers for Sale or Voluntary Land Transfers under Sections 19 and 20 of RA 6657;

d. Prime agricultural lands, such as: i. Irrigated Lands where water is available to support rice and

other crop production; ii. Irrigated Lands where water is not available for rice and

other crop production but within areas programmed for irri-gation rehabilitation by the Department of Agricultural and/or the National Irrigation Administration, and

iii. Irrigable lands already covered by irrigation projects with funding commitments at the time of application for land re-classification.

e. Agricultural lands delineated by the Department of Agriculture, which are necessary for food sufficiency in rice and corn and for food security in other crops; and

f. Agricultural lands identified by the Department of Environment and Natural Resources as environmentally critical, that is, if clas-sified into uses other than its present utilization would lead to adverse environmental impacts to the community and its con-stituents.

SECTION 7. - CONDITIONS FOR RECLASSIFICATION. - Agricultural lands, including idle or abandoned lands, may be reclassified and used for residential, commercial, industrial or other non-agricultural purposes only under all the following conditions:

a. When the land for causes other than its actual use, ceases to be economically feasible and sound for agricultural purposes, as determined by the Municipal Agriculturist;

b. When the land shall have substantially greater economic value

for residential, commercial, industrial, or other non-agricultural use, as determined by the Municipal Planning and Development Office.

c. When the intended use of the land is environmentally safe and

sound as determined by the Municipal Engineer, the Municipal Health Officer and the Department of Environment and Natural Resources, and is in harmony with the urban development and growth expansion plans of the municipality and the barangay where the land is situated, as determined by the Municipal Plan-ning and Development Office.

d. When the reclassification of the land will not violate Section 20 of RA 7160, otherwise known as the Local Government Code of 1991, nor prejudice the rights of the agrarian reform beneficia-ries, agricultural lessees, workers or actual cultivators or occu-pants thereof.

SECTION 8. - IDENTIFICATION OF RECLASSIFIABLE LANDS. - Within thirty (30) days from effectivity hereof, the Municipal Agriculturist, the Municipal Assessor, the Municipal Engineer, the President of the Local Association of Irrigators, and the Municipal Planning and Development Officer shall submit to the Sangguniang Bayan and its Committee on Land Use a joint determination of:

a. The total area of the agricultural lands of the municipality, as of date of effectivity of RA 7160;

b. The total area of agricultural lands which the municipality may validly reclassify under the provisions of Section 20 of said RA 7160;

c. The total area of agricultural lands already validly classified from the effectivity of said RA 7160 until; the date of effectivity here-of;

d. The total area of agricultural lands which may still be validly re-classified by the municipality under the provisions of Section 20 of said RA upon the date of effectivity hereof;

e. The total area of the circumferential roads and road networks constructed on agricultural lands following the effectivity of the Revised Comprehensive Zoning Ordinance of the municipality of Balatan, those programmed or envisioned to be constructed within five (5) years from effectivity hereof, and the total area and locations of classifiable and non-reclassifiable agricultural lands situated within fifty (50) meters of both sides of said roads; and

f. The locations of projected or anticipated urban development or growth expansion areas of the municipality within the next five (5) years, based on the municipality’s existing land use and de-velopment plans, investment policies and programs, and other relevant research and studies.

No application for reclassification shall be accepted, and non-pend-ing application shall be processed, until all the above-enumerated infor-mation shall have been made available as herein provided.

The total area of agricultural lands that may henceforth be classified shall not exceed the difference between the total area that may still be reclassified in accordance with Section 20 of RA 7160 as of date of ef-fectivity hereof, and the total area of the circumferential roads and road networks constructed following the effectivity of the Revised Compre-hensive Zoning Ordinance and those programmed or envisioned to be constructed within the next five (5) years, which are hereby reserved for the purpose.

SECTION 9. - FEASIBILITY STUDY OF INTENDED USE. - No application for reclassification shall be processed unless accompanied by a Detailed Feasibility Study of the proposed project or intended use of the land and a Sworn Certification from the applicant and/or developer that the project shall be implemented within three (3) months and completed within three (3) years from the approval of the conversion of the land by the Department of Agrarian Reform.

SECTION 10. - PROHIBITED LAND USES. - No agricultural land shall be reclassified for the establishment, operation and maintenance of quar-rying activities, heavy industries, nuclear facilities or toxic waste disposal sites, as defined by law or determined by concerned government agen-cies.

ARTICLE IV - PRIORITIES IN RECLASSIFICATION

SECTION 11. - ORDER OF PRIORITY. - Subject to the provisions of Sec-tions 6 and 7 hereof, the order of priority in the reclassification of agri-cultural lands shall be as follows:

a. Lands subject to pending applications as of 1 July 1997;

b. Lands within areas or zones identified as suitable for non-agri-cultural purposes under and by virtue of Revised Comprehensive Zoning Ordinance.

c. Lands needed for the construction of government buildings and other similar infrastructures for public use, as certified to by the Municipal Mayor and the Municipal Planning and Development Officer.

d. Lands within fifty (50) meters of both sides of the circumferential roads and road networks constructed following the effectivity of Revised Comprehensive Zoning Ordinance.

e. Lands located within the projected or anticipated urban devel-opment and growth expansion areas of the municipality as de-termined in accordance with section 8 (f) hereof;

f. Lands adjoining those already reclassified and/or converted;

g. Idle or abandoned lands herein defined.

ARTICLE V - DOCUMENTARY AND PROCEDURAL

REQUIREMENTS

SECTION 12. - DOCUMENTARY REQUIREMENTS FOR APPLICATIONS. - All applications for reclassification shall be filed with the Secretary of the Sangguniang Bayan and shall include four (4) copies of the following:

a. Letter of application in the name of the owner of the land;

b. Special Power of Attorney, if applicant is other than the owner of the land;

c. Original or Transfer Certificate of Title and/or other documents

establishing ownership of the land;

d. Certificate of updated Real Property Tax Payments;

e. Locational Plan and/or Vicinity Map;

f. Detailed Feasibility study of the proposed project or intended use of the land;

Sworn Certificate of Commitment from the owner and developer that the proposed project would be implemented within three (3) years from the issuance by the Department of Agrarian Reform of an Order of Conversion;

h. Barangay Resolution endorsing the proposed project or intended use of the land as in harmony with the Barangay Development plan;

i. Certification from the National Irrigation Administration that the land is not irrigated or irrigable as described under Section 6 (d) hereof;

j. Certification from the Department of Agriculture that the land is not necessary for the food sufficiency program of the region. If any;

k. Certification from the Department of Agrarian Reform that the land is not subject of a voluntary Offer of Sale, Voluntary Land transfer or Notice of coverage under RA 6657, and that the re-classification of the property will not prejudice the rights of any agrarian reform beneficiary, and;

l. Certification from the Department of Environment and Natural Resources that the land is not environmentally critical, and that the proposed project or intended use is ecologically safe and sound.

SECTION 13. - PROCEDURE AND REQUIREMENTS FOR APPROVAL. - Upon receipt of the application and its attachments, the Secretary shall include the same in the calendar of the next Regular Session of the Sang-guniang Bayan where the matter shall be referred to the Committee on Land Use for study, public hearing and recommendation.

In the course of its study, the Committee on Land Use shall, if the documentary requirements have been met, refer the application to the Municipal Health Officer, the Municipal Engineer, the Municipal Agricul-turist and the Municipal Planning and Development Officer shall study and recommendation.

No public hearing shall be conducted until after the Committee on Land Use has received the following:

a. Certification from the Municipal engineer and the Municipal Health Office that he proposed project or intended use of the land is ecologically and environmentally safe and sound;

b. Certification from the Municipal Agriculturist that the land, for the causes other than its actual size, had ceased to be economi-cally feasible and sound for agricultural purposes and that the reclassification will not prejudice that rights of any actual cultiva-tor or occupant of the land;

c. Certification from the Municipal Planning And Development Of-ficer that the land shall have substantially greater economic val-ue for residential, commercial, industrial or other non-agricul-tural purposes based on an evaluation of the Detailed Feasibility Study, submitted and that the propose project or intended use is in harmony with the urban development and growth expansion plans or programs of the municipality, and;

d. Certification from the Municipal Agriculturist and the Municipal Planning and Development officer attesting to the actual re-maining area of agricultural lands which the municipality may still reclassify under Section 20 of RA 7160, if the application is approved.

The Committee on Land Use shall endorse the approval of the ap-plication for reclassification only after the public hearing shall have been conducted and no valid or serious objection to the proposed project or intended use of the land has been raised herein. Approval of an application for reclassification shall be by ordinance approved by two-thirds of the members of the Sangguniang Bayan.

SECTION 14. - NO VESTED RIGHT IN RECLASSIFICATION. - Compliance with all the requirements shall not vest any right to the approval of the application for reclassification.

The Sangguniang Bayan may not approve an application if in its col-lective judgment public health, safety and welfare require that reclas-sification be denied.

ARTICLE VI - WITHDRAWAL OR RECLASSIFICATION

SECTION 15. - GROUNDS AND PROCEDURE. - The reclassification of agricultural lands may be withdrawn by ordinance on any of the follow-ing grounds:

Bikol reporter 23april 8 - 14, 2012 BIKOL REPORTER 23APRIL 8 - 14, 2012

a. Misrepresentation or concealment of material facts in the ap-plication;

b. Failure to commence implementation of the proposed project within three (3) months from the issuance of a conversion by the Department of Agrarian Reform.

c. Failure to complete the proposed project within three (3) years from the issuance of a conversion order by the Department of Agrarian Reform;

d. Failure to comply with any of the conditions imposed for the re-classification of the land.

The Committee on Land Use, the Municipal Planning and Develop-ment Officer, or any municipality taxpayer may, by verified petition filed with the Sangguniang Bayan, initiate summary proceedings for the with-drawal of the reclassification.

The Sangguniang Bayan shall afford all parties concerned the oppor-tunity to be heard and adduce evidence on their behalf.

The owner and developer shall bear all damages and losses for the withdrawal of the reclassification.

ARTICLE VII - FINAL PROVISIONS

SECTION 16. - REPEALING CLAUSE. – Other legislative enactments and executive issuances not consistent with any of the provisions hereof are hereby amended or modified accordingly.

SECTION 17. - EFFECTIVITY. - This ordinance shall take effect immedi-ately upon its approval.

ENACTED: March 12, 2012 _________________________________________________________

I HEREBY CERTIFY to the correctness of the foregoing ordinance.

(Sgd.) RONILO L. BONGALOS OIC-SB SecretaryAttested:

(Sgd.) HON. GERALD B. NOLASCO Presiding Officer/Vice-Mayor

Approved: (Sgd.) HON. ERNESTO A. BAGASBAS Municipal Mayor

_________________________________________________________

EXCERPT FROM THE MINUTES OF THE 8TH REGULAR SESSION OF THE SANGGUNIANG BAYAN OF BALATAN, CAMARINES SUR, HELD ON MARCH 12, 2012 AT THE MUNICIPAL SESSION HALL.

PRESENT:

HON. GERALD B. NOLASCO Vice-Mayor/Pres. Officer

SB MEMBERS:

HON. AURORA I. CUARTO HON. WENEFREDO R. MEDIADOHON. MA. ISABEL B. BORJA HON. AQUILINO C. SILVANOHON. GABRIEL R. HUAB HON. NELSON C. BALATANHON. FRANCISCO F. ADUVISO HON. ERNESTO BALATAN HON. JORGE Z. PARAÑAL, JR. HON. SHIRLYN F. NOLASCO

ABSENT:

N O N E_________________________________________________________

RESOLUTION NO. 2012-49

ADOPTING AN AMENDED RULES AND PROCEDURES ON INVESTIGA-TION OF ADMINISTRATIVE CASE/COMPLAINTS AGAINST ELECTIVE BA-RANGAY OFFICIALS IN THE MUNICIPALITY OF BALATAN CAMARINES SUR.

WHEREAS, Section 61 of RA 7160 otherwise known as local Govern-ment Code of 1991 provides authority to Sangguniang Bayan to exercise administrative disciplinary jurisdiction over barangay officials;

WHEREAS, it is the duty of this Honorable Body to promulgate rules and procedures as herein amended to govern the investigation of Ad-ministrative cases/complaints against elective barangay officials in Bala-tan Camarines Sur;

WHEREFORE, on motion of Honorable Jorge Z. Parañal Jr., Unani-mously seconded, be it –

RESOLVED, as it is hereby resolved, to adopt the following rules and procedures as herein amended, to wit:

RULE 1

PRELIMINARY PROVISIONS

SECTION 1. COVERAGE – These rules shall apply to all administrative complaints against elective Barangay Officials in Balatan, Camarines Sur.

SECTION 2. Disciplining Authority – The Municipal Mayor and the Sangguniang Bayan as a quasi-judicial body shall be designated as the Disciplining Authority in the conduct of investigation against elective ba-rangay officials.

SECTION 3. Investigating Authority – All administrative complaints duly verified against elective barangay officials shall be acted upon by the Sangguniang Bayan hereinafter referred to as the investigating Au-thority.

SECTION 4. Implementing Authority – The Local Chief Executive and the Sangguniang Bayan shall be referred to as the implementing author-ity.

4.1 Preventive Suspension – To be determined by the Sangguniang Bayan but to be imposed by the Municipal Mayor.

RULE II

GROUNDS FOR DISCIPLINING ACTION

SECTION 5. GROUNDS – A verified administrative complaint may be filed against any elective Barangay Officials in Balatan on any of the fol-lowing grounds:

1. Disloyalty to the Republic of the Philippines;2. Culpable violation of the constitution;3. Dishonesty, oppression misconduct in office, gross negligence,

or dereliction of;4. Commission of any offense involving moral turpitude or an of-

fense punishable by at least prision mayor;5. Abuse of Authority;6. Application for or acquisition of foreign citizenship or residence

or the status of an immigrant of another country;7. Such other grounds as may be provided by RA 7160; RA 6713; RA

3019; Administrative Code of 1987; the Revised Penal Code and all other applicable general and special laws;

RULE III

COMPLAINT

SECTION 6. How initiated – An administrative case may be initiated by any private individual or any government officer or employee by fil-ing a sworn statement complaint against any elective barangay official enumerated under Section 5, Rule II hereof.

SECTION 7. Form of Complaint – The complaint, accompanied by affidavits of witness or evidences in support of the charge, shall be ad-dressed to the Sangguniang Bayan thru the Presiding Officer. It shall be drawn in clear, simple and concise language in the methodical manner as to apprise the respondent of the nature of the charge against him and to enable him to prepare his defense. The party filing the complaint shall be called the complainant, while the official against whom the complaint is filed shall be called the respondent.

A certification or statement of non-forum shopping shall also be sub-mitted to the Sangguniang Bayan with the complaint & evidences in support of the charge. It shall be a necessary requisite prior admission and/or entertainment of such complaint by this Investigating/Disciplin-ing Body.

SECTION 8. Where to file – A verified complaint against any erring barangay elective officials shall be filed in 12 copies before the Sang-guniang Bayan thru the office of the SB Secretary of the municipality of Balatan.

A copy of the complaint shall be furnished the Office of the Mayor, and in all cases the DILG.

RULE IV

EVALUATION & PRELIMINARY CONFERENCE

SECTION 9. Commencement – Within ten (10) days from receipt of the answer the Investigating Authority shall commence the investigation of the case.

SECTION 10. Evaluation – Within twenty (20) days from receipt of the complaint and answer, the Investigating Authority shall determine whether there is a prima facie case to warrant the institution of formal administrative proceedings. If after the evaluation the complaint is not dismissed, as herein provided, the respondent within seven (7) days shall be furnished with a copy of the complaint and the affidavits or oth-er evidences submitted by the complainant, and shall be required to file his verified answer/counter affidavits and other evidences in twelve (12) copies in support of his defense within fifteen (15) days from receipt, copy furnished the complainant.

SECTION 11. Dismissal motu propo – If the Investigating Authority determines that there is a prima facie case to warrant the institution of formal administrative proceedings, it shall proceed without delay. If there is none, the motu propio dismissal of the case shall be made.

SECTION 12. PRE-CONFERENCE.

If, on the basis of the affidavits and other evidence submitted by the parties the Sanggunian finds sufficient cause to warrant further proceed-ing it shall summon the parties to a preliminary conference to consider the following matters:

1. Whether the parties desire a formal investigation or are willing to submit the case for resolution on the basis of the evidence on record.

2. Should the parties desire a formal investigation, to consider the simplification of issues the possibility of obtaining stipulation or admission of facts and of documents to avoid unnecessary proof, the limitation of number of witnesses, marking of evidences and such other matters as may aid the prompt disposition of the case.

3. After the preliminary conference, the Sanggunian shall issue an

order resetting the matters taken up therein including the facts stipulated and the evidence’s marked, if any such order shall lim-it the issues for hearing to those not disposed of by agreement or admission of the parties.

SECTION 13. EFFECT OF WITHDRAWAL. – The withdrawal of the complaint by the complainant does not preclude the Sanggunian from proceeding with the investigation, if in its opinion such investigation is warranted.

RULE V

PREVENTIVE SUSPENSION

SECTION 14. GROUNDS AND DURATION OF PREVENTIVE SUSPEN-SION – Preventive suspension may be imposed at any time after the issues are joined, when the evidence of guilt is strong, and given the gravity of the offense, there is great probability that the continuance in office of the respondent could influence the witnesses or pose a threat to the safety and integrity of the records and other evidence: Provided, That, any single preventive suspension of local elective officials shall not extend beyond sixty (60) days: Provided, further, That in the event that several administrative cases are filed against an elective official, he can-not preventively suspended for more than ninety (90) days within a sin-gle year on the same ground or grounds existing and known of the time of the first suspension. Upon expiration of the preventive suspension, the suspended elective official shall be deemed reinstated in office with-out prejudice to the continuation of the proceeding against him, which shall be terminated within one hundred twenty (120) days from the time he was formally notified the case against him. However, if the delay in the proceedings of the case is due to his fault, neglect, or request, other than the appeal duly filed, the duration of such delay shall not be count-ed in computing the time of termination of the case.

RULE VI

RIGHT OF THE RESPONDENT

SECTION 15. RIGHT OF THE RESPONDENT. – The respondent shall be accorded full opportunity to appear and defend himself in person or by counsel, to confront and cross-examine the witnesses against him, and to require the attendance of witnesses and the production of docu-ments through the compulsory process of subpoena or subpoenas duces tecum.

RULE VII

HEARING

SECTION 16. WHO CONDUCTS HEARING. – The administrative pro-ceeding shall be conducted by the Sangguniang Bayan.

SECTION 17. POWER OF THE SANGGUNIAN TO TAKE AND TESTIMO-NY AND POWER INCIDENTAL THERETO. - The Sanggunian shall have to power to summon witnesses, administer oaths, take testimonies/rel-evant to the investigation in question, and to require the production of document under a subpoena duces tecum.

Anyone, who, without lawful excuse, fails to appear upon summons issued under authority of the preceeding paragraph or who, appearing before the disciplining Authority exercising the power therein defined refuses to make oath, give testimony, or produce document for inspec-tion when lawfully required shall be subject to discipline as in case of contempt of court and upon application by the Sanggunian shall be dealt with by the judge of the Municipal court or proper trial court in the man-ner provided by law.

SECTION 18. NOTICE OF THE HEARING. - The parties and their wit-nesses shall be notified by subpoena of the scheduled hearing at least five (5) days before the date thereof, specifying the time date and place of hearing.

SECTION 19. REQUEST FOR SUBPOENA. – If a party desires the atten-dance of witnesses or the production of documents, he should make a request for the issuance of the necessary subpoena duces tecum at least three (3) days before the scheduled hearing.

SECTION 20. POSTPONEMENT. – Postponement of investigation shall be discouraged and shall be allowed only in meritorious cases, like illness of the parties or counsel and other similar cases. No postponement for a period longer than seven (7) days shall be allowed and in no case the to-tal number of postponement the party be more than twenty (20) days.

SECTION 21. STENOGRAPHIC RECORD OF PROCEEDINGS. – The testi-mony of each witness and the manifestation of the parties and counsels during an investigation shall be taken in shorthand or stenotype by an stenographer assigned by the Sanggunian. A transcript of the proceed-ings made by the official stenographer or steno-typist and duly certified by him shall be prima-facie a correct statement of such proceedings.

SECTION 22. ORDER OF HEARING. – Unless for special reasons the Sanggunian directs otherwise, the order of a hearing shall be as fol-lows;

1. The complainant shall produce the evidence on his part;2. The respondent shall then offer evidence in support of his de-

fense;3. The parties may then respectively offer rebutting evidence only

unless the Sanggunian for good reasons and in the furtherance of justice permits then to offer evidence upon their original case.

SECTION 23. ORDER OF EXAMINATION. – The order in which a wit-ness may be examined is as follows:

1. Direct examination by the proponent;2. Cross examination by the opponent;3. Re-direct examination by the proponent;4. Re-cross examination by the opponent.

Bikol reporter24 april 8 - 14, 2012BIKOL REPORTER24 APRIL 8 - 14, 2012

SECTION 24. TERMINATION OF INVESTIGATION. – The investigation shall as much as possible be terminated within ninety (90) days reckoned from the date of the first hearing. Within thirty (30) days after the end of the investigation, the Sanggunian shall render a decision in writing stat-ing and distinctly the facts and reasons for such decision.

SECTION 25. MEMORANDUM. – The Sanggunian may allow the par-ties to submit their respective memoranda within fifteen (15) days after the termination of the formal investigation.

RULE VIII

EVIDENCE

SECTION 26. NON-TECHNICAL PROCEDURE. – The investigation shall be conducted solely for the purpose of ascertaining the truth and with-out necessarily adhering to technical rules applicable in judicial proceed-ings.

SECTION 27. MATERIAL AND RELEVANT EVIDENCE. – Sanggunian shall accept all evidence having materiality and relevancy to the case. In case of doubt it should resolve for the admission of the evidence subject to the objection interposed against the admission.

SECTION 28. MARKING. - All documentary evidence or exhibits shall be properly marked by letter (A, B, C, etc.), if presented by the com-plainant and by numbers (1, 2, 3, etc.) if presented by the respondent. They shall be attached to the records or if voluminous, kept in a separate folder marked “Folder of Exhibits” which shall also be attached to the records.

RULE IX

APPEAL

SECTION 29. ADMINISTRATIVE APPEAL. -Decision of the Sanggunian in administrative case may, within thirty (30) days from receipt thereof, be appealed to the Sangguniang Panlalawigan and in such case the Sang-gunian shall forward to the Panlalawigan the entire records of the case, together with its findings and recommendations.

SECTION 30. EXECUTION PENDING APPEAL. – An appeal shall not prevent a decision from becoming final or executory. The respondent shall be considered as having placed under preventive suspension dur-ing the pendency of an appeal in the event he wins such appeal. In the event the appeal results in exoneration, he shall be paid his salary and such other emoluments during the pendency of the appeal.

RULE X

PENALTIES

SECTION 31. SUSPENSION OR REMOVAL. – A respondent found guilty of any of the offense enumerated in Rule 2 hereof may be meted the penalty of suspension or removal defending on the evidence pre-sented and the aggravating or mitigating circumstances that may be con-sidered by the Sanggunian.

SECTION 32. ADMINISTRATIVE PENALTIES. – The penalty of suspen-sion shall not exceed the unexpired term of the respondent or a period of six (6) months for every administrative offense, nor shall said penalty be a bar to the candidacy of the respondent so suspended as long as he meets the qualifications required for the office. The penalty of removal of office as a result of an administrative investigation shall be considered a bar to the candidacy of the respondent for any elective position.

RULE XI

RECORDS

SECTION 33. RECORDS CONFIDENTIAL. –Records in administrative cases are confidential in nature and any information as to the charges or accusation or facts adduced may not be released, and such records may not be available except to the proper authorities and upon request, to the parties in interest or their authorized representa-tives.

RULE XII

MISCELLANEOUS PROVISIONS

SECTION 34. EFFECT AND APPLICATION OF RELEVANT LAWS. –

The provisions of the local Government Code of 1991 and Adminis-trative Code of 1987 as well as the provisions of the Civil Service Laws, circulars and issuances shall apply suppletorily to all matters not pro-vided under these rules of procedure.

SECTION 35. EFFECTIVITY. – These amended rules and procedures shall take upon its approval.

APPROVED._________________________________________________________

I HEREBY CERTIFY to the correctness of the foregoing resolution.

(Sgd.) RONILO L. BONGALOS OIC-SB SecretaryAttested:

(Sgd.) HON. GERALD B. NOLASCO Presiding Officer/Vice-Mayor

Approved: (Sgd.) HON. ERNESTO A. BAGASBAS Municipal Mayor

EXCERPT FROM THE MINUTES OF THE 34TH REGULAR SESSION OF THE SANGGUNIANG BAYAN OF BALATAN, CAMARINES SUR, HELD ON DECEMBER 12, 2011, AT THE MUNICIPAL SESSION HALL.

PRESENT:HON. JORGE Z. PARAŃAL JR. SB Member/Temp. Pres. Officer

SB MEMBERS:HON. AURORA I. CUARTO HON. WENEFREDO R. MEDIADOHON. MA. ISABEL B. BORJA HON. AQUILINO C. SILVANOHON. GABRIEL R. HUAB HON. NELSON C. BALATANHON. FRANCISCO F. ADUVISO HON. ERNESTO BALATAN

ABSENT:HON. SHIRLYN F. NOLASCO HON. GERALD B. NOLASCO

_________________________________________________________

Principal Sponsor: Hon. NELSON C. BALATANCo: Sponsors: Hon. Gabriel R. Huab

Hon. Aquilino C. SilvanoHon. Francisco F. Aduviso

Hon. Nelson C. BalatanHon. Ma. Isabel B. Borja

Hon. Wenefredo R. MediadoHon. Aurora I. Cuarto

ORDINANCE NO. 2011-016

“AN ORDINANCE PROHIBITING THE SALE, DISPOSITION OR DISTRIBUTION OF A FIREWORK MATERIAL LOCALLY KNOWN AS “WATUSI”, ATOMIC BIG TRIAGULO, SUPER LOLO AND THEIR EQUIVALENT WITHIN THE TERRITORIAL JURISDICTION OF THE MUNICIPALITY OF BALATAN, CAMARINES SUR.”

WHEREAS, the toxic “watusi” yellow phosphorous which is an active ingredient of this firework material endangers the health and lives of unsuspecting frolic children;

WHEREAS, firecrackers like atomic big triagulo, super lolo and their equivalent with such explosive content have been proven to endanger life and limb of children who use during Christmas season;

WHEREFORE:Be it ordained by the Sangguniang Bayan of the municipality of

Balatan, that:

“SECTION 1. – This ordinance shall be known as “AN ORDINANCE PROHIBITING THE SALE, DISPOSITION OR DISTRIBUTION OF A FIREWORK MATERIAL LOCALLY KNOWN AS “WATUSI”, ATOMIC BIG TRIAGULO, SUPER LOLO AND THEIR EQUIVALENT WITHIN THE TERRITORIAL JURISDICTION OF THE MUNICIPALITY OF BALATAN, CAMARINES SUR.”

SECTION 2. - PURPOSE. - The purpose of this ordinance is to avoid incidence of poisoning of young school children which may result from accidental swallowing of the toxic “watusi” yellow phosphorous which is an active ingredient of this firework material.

SECTION 3. - PROHIBITION. - It is hereby prohibited the following: sale, disposition or distribution of a firework material locally known as “watusi” & types of Firecrackers and Pyrotechnic Devices prohibited under Section 3 of R.A. No. 7183 such as ATOMIC BIG TRIANGULO, SUPER LOLO AND THEIR EQUIVALENT a) within school premises or within at least 50 meter radius thereof; b) to minors anywhere within territorial jurisdiction of the municipality of Balatan.

SECTION 4. Setting off of such types of firecrackers and pyrotechnic devices not prohibited by law & this ordinance shall be done at the area duly designated by the local government unit of Balatan for the purpose in pursuance of pertinent DILG Circular.

SECTION 5. - PENALTY. - Any violation of this ordinance shall be penalized on the first offense by confiscation of the firework material and a fine of Five Hundred (P500.00) Pesos; second offense, by confiscation of the firework product and a fine of One Thousand (P1,000.00) Pesos; and for third offense, by confiscation of the firework product and a fine of Two Thousand (P2,000.00) Pesos or an imprisonment of not less than one (1) month but not more than two (2) months or both such fine and imprisonment at the discretion of the court.

SECTION 6. - EFFECTIVITY. - This ordinance shall take effect upon its approval.

ENACTED: December 12, 2011_________________________________________________________

WE CONCUR:

HON. AURORA I. CUARTO HON. WENEFREDO R. MEDIADO HON. MA. ISABEL B. BORJA HON. AQUILINO C. SILVANO HON. GABRIEL R. HUAB HON. NELSON C. BALATAN HON. FRANCISCO F. ADUVISO HON. ERNESTO BALATAN _________________________________________________________

WE HEREBY CERTIFY to the correctness of the foregoing Ordinance.

(Sgd.) RONILO L. BONGALOS Acting SB Secretary ATTESTED: (Sgd.) HON. JORGE Z. PARAŃAL JR. SB Member/Temp. Presiding Officer

APPROVED:

(Sgd.) HON. ERNESTO A. BAGASBAS Municipal Mayor

EXCERPT FROM THE MINUTES OF THE 34TH REGULAR SESSION OF THE SANGGUNIANG BAYAN OF BALATAN, CAMARINES SUR, HELD ON DECEMBER 12, 2011, AT THE MUNICIPAL SESSION HALL.

PRESENT:HON. JORGE Z. PARAŃAL JR. SB Member/Temp. Pres. Officer

SB MEMBERS:HON. AURORA I. CUARTO HON. WENEFREDO R. MEDIADOHON. MA. ISABEL B. BORJA HON. AQUILINO C. SILVANOHON. GABRIEL R. HUAB HON. NELSON C. BALATANHON. FRANCISCO F. ADUVISO HON. ERNESTO BALATAN

ABSENT:HON. SHIRLYN F. NOLASCO HON. GERALD B. NOLASCO

_________________________________________________________

Principal Sponsor: Hon. NELSON C. BALATANCo: Sponsors: Hon. Gabriel R. Huab

Hon. Aquilino C. SilvanoHon. Francisco F. Aduviso

Hon. Nelson C. BalatanHon. Ma. Isabel B. Borja

Hon. Wenefredo R. MediadoHon. Aurora I. Cuarto

ORDINANCE NO. 2011-017

“MUNICIPAL ORDINANCE PROHIBITING DRUNKENNESS OR INTOXICATION, OR BEHAVIOR IN A DRUNKEN, BOISTEROUS, RUDE OR INDECENT MANNER IN ANY PUBLIC PLACE OR PLACE OPEN TO PUBLIC VIEW, DISORDERLY GATHERING IN PUBLIC PLACES, AND PROVIDING PENALTIES THEREAT.”

WHEREAS, ARTICLE II, Section 5, Philippine Constitution provides that the State shall promote the maintenance of peace and order, the protection of life, liberty, and property, and promotion of the general welfare are essential for the enjoyment by all the people of the blessings of democracy;

WHEREAS, Section 447 (a)(1)(v), RA 7160 provides that the lgu thru the Sanggunian may enact measure imposing appropriate penalties for habitual drunkenness in public places, among other acts offensive to morals & public policy, in order to protect and promote the welfare of the constituents;

WHEREAS, this Honorable Body has noted that most of the crimes committed by hacking, stabbing, gun-firing & using other deadly weapons, commotion and tumultuous affray or brawls resulting in serious physical injuries & death that happened in this municipality are alcohol-related;

WHEREFORE, on motion of Hon. Nelson C. Balatan, Collectively seconded,

Be it ordained by the Sangguniang Bayan of the municipality of Balatan, that:

“SECTION 1. – This ordinance shall be known as “AN ORDINANCE PROHIBITING DRUNKENNESS OR INTOXICATION, OR BEHAVIOR IN A DRUNKEN, BOISTEROUS, RUDE OR INDECENT MANNER IN ANY PUBLIC PLACE OR PLACE OPEN TO PUBLIC VIEW, DISORDERLY GATHERING IN PUBLIC PLACES, AND PROVIDING PENALTIES THEREAT.”

SECTION 2. Penalty. - Any person or persons violating any of the provision of this ordinance shall, for the first offence be penalized by a fine of P100.00; for the second offense, a fine of P200.00; and for the subsequent offenses, be fined P500.00 and/or imprisonment of not more than six (6) months at the discretion of the court”.

SECTION 3. – SEPARABILITY CLAUSE. – If for any reason or reasons, any part of the provision of this ordinance shall be held to be unconstitutional or invalid, other parts or provisions thereof, which are not affected, shall continue to be in full force and effect.

SECTION 4. – REPEALING AND AMENDATORY CLAUSE. – Any ordinance and administrative regulations or part or parts thereof, which are inconsistent with this ordinance, are hereby repealed, amended or modified accordingly.

SECTION 5. – EFFECTIVITY– This ordinance shall take effect upon its approval.

ENACTED: December 12, 2011_________________________________________________________

WE CONCUR:

HON. AURORA I. CUARTO HON. WENEFREDO R. MEDIADO HON. MA. ISABEL B. BORJA HON. AQUILINO C. SILVANO HON. GABRIEL R. HUAB HON. NELSON C. BALATAN HON. FRANCISCO F. ADUVISO HON. ERNESTO BALATAN _________________________________________________________

WE HEREBY CERTIFY to the correctness of the foregoing Ordinance.

(Sgd.) RONILO L. BONGALOS Acting SB Secretary ATTESTED:

(Sgd.) HON. JORGE Z. PARAŃAL JR. SB Member/Temp. Presiding Officer

APPROVED:

(Sgd.) HON. ERNESTO A. BAGASBAS Municipal Mayor

Bikol ReporterApril 8, 2012

Bikol reporter 25april 8 - 14, 2012

DENr COMPuTErIZATION JESSEL S. BASANTA

DENR Regional Executive Director Joselin Marcus Fragada (right) receives a computer set from usec. Demetrio Ignacio (second from right) being part of the comprehensive computerization of DENR field offices and staff bureaus. Usec. Ignacio said during the turnover of 165 desktop sets that the computerization project will benefit DENR clientele which will ensure full transparency (via online status) of DENR programs and projects.

(Fourth from left: poet Jose Jason Chancoco recieving his prize, Extreme right: KWF Punong Komisyoner Jose Laderas Santos)

Chancoco bags Komisyon sa Wikang Filipino AwardBicol-based writer Jose

Jason L. Chancoco is once again in the Talaang Ginto: Gawad KWF sa Tula. Now in its 5th decade, the an-nual contest seeks to have a “Golden List” for the year’s top poets writing in Filipino. Six poets are usually chosen

and the first in rank is dubbed as ‘Makata ng Taon” (Poet of the Year).

It is awarded during the Araw ni Balagtas on April 2, celebrated by virtue of Presidential Proclamation 964 Series of 1997. Luce-na-based poet Alvin Cap-

ili Ursua is the Makata ng Taon for 2012. Along with the Talaang Ginto, the KWF also conferred the Gawad Francisco Balagtas to poet, journalist, screenwriter and translator Jose Maria F. La-caba or Pete Lacaba. Chan-

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City folks join Earth HourDubbed as Earth Hour

2012, 60+, city folks here led by City Mayor John Bongat, City Councilor Nathan Sergio, Committee on Environment Chair and other city officials, joined thousands of environment advocates here on Satur-day, March 31, in a simul-taneous and unanimous call to switch their lights off for at least an hour.

This endeavor is in sup-port of a global crusade to combat the ill-effects of cli-mate change and raise the consciousness of every citi-zen that a single but collec-tive contribution to be a part of this cause can help a lot in saving our planet, following this year’s theme: “I will, if you will.”

In Naga City, the sky was illuminated with more or less 250 paper lanterns set off by city hall officials. The pub-lic was also given a chance to express their promises through a “commitment wall” where they can scrib-ble their words of support to save the world from further environmental cataclysm.

The Kapisanan ng mga Sangguniang Barangay Ka-gawad (KSBK) and Sang-guniang Kabataan (SK) Fed-eration also actively took part in the said activity. Vari-ous establishments in the city supported the campaign by being a venue of various programs to promote the Earth Hour.

The Naga Smiles Per-forming Arts and members of the University of North-eastern Philippines Center for Culture and the Arts (UNEP CCA) also rendered their performances depict-ing the love and concern for Mother Earth. A video

By ANALIZA S. MACATANGAy

presentation on Global Earth Hour was also shown at SM City Naga to hype the said campaign.

Naga City First Lady Farah Bongat, who is also a very strong environment advocate and the Chairper-son of Naga Earth Hour, challenged everyone to go beyond the 60-minute time and be among the key cities in the world, in breaking our own world record of having the most number of partici-pants who shared their time in the said event since the Philippines joined the move-ment in 2008.

Earth Hour begun in Sydney in 2007 and has now grown to be the largest demonstration of support to raise environmental aware-ness. It was initiated by the World Wildlife Foundation and has reached two billion people last year, involving 135 countries, including the Philippines.

EArTH HOurMayor John Bongat, his wife Farah and SM Mall manager Wesley Villanueva led the lighting of the 60-candle arrangement together with ENRO and other city official during the Earth Hour celebration last March 31, at the open parking of SM City Naga.

For Summer

CEB increases seat capacity 22%The Philippines’ largest

national flag carrier, Cebu Pacific (PSE:CEB) adds 22% more flights from April to May 2012, in preparation of the travel surge during the summer months.

“Because of this increased seat capacity, passengers can take advantage of CEB’s trademark low fares for travel this April and May. Plan your family or friends’ exciting summer vacation by check-ing out the low-fare options on www.cebupacificair.com,” said CEB VP for Marketing and Distribution Candice Iyog.

CEB encourages pas-sengers to take advantage of its trademark lowest fares for travel this summer. Low fares to the following leisure destinations are still up for grabs: Siargao, Naga, Legaz-

pi (from Manila and Cebu), Cebu, Tagbilaran (Bohol), Dumaguete, Davao, Bacolod, Iloilo and Cagayan de Oro.

Those who wish to go home for the summer or spend summer break on a Southern adventure can also buy CEB’s low fares to the following destinations: Zam-boanga, Surigao, Ozamiz, Tacloban, Zamboanga, Bu-tuan, Cotabato, Pagadian and Ozamiz.

“CEB operates the larg-est destination network in the country and to the ASEAN. With 22% more flights, we

continue to show our com-mitment in promoting trav-el within the Philippines, through our trademark low-est fares, and youngest and largest aircraft fleet,” Iyog added.

The following CEB routes will have daily flights from February 8 to June 15 : Ce-bu-Dipolog, Cebu-Legazpi and Cebu-Pagadian. Three more weekly flights will be added to the Cebu-Puerto Princesa route, making it 10 times weekly from March 17 to June 4.

From March 24, CEB is also adding flights to the following routes: Manila-Legazpi and Manila-Puerto Princesa (total of 4 daily flights each). Legazpi is the gateway to whale shark en-counters in Donsol, Sorso-

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Bikol reporter26 april 8 - 14, 2012

NOTICE TO THE PuBLICAuCTION SALE/SuBASTA

All unredeemed items/articles pawned at ASPE IGuALDAD PAWNSHOP, Cor. Igualdad Ext. & J. Hernandez Ave., Igualdad, Naga City, pawned from NOVEMBER 02-30, 2011 whose terms have expired will be sold to public auction sale on MAy 02, 2012 from 9:00 A.M.-12:00 NOON.

Redemption/Renewals of all pledges covered by the above-mentioned date will be honored until APRIL 28, 2012 only. THE MANAGEMENTBIKOL REPORTERPublished: APRIL 8 and 15, 2012

NOTICE TO THE PuBLICAuCTION SALE/SuBASTA

All unredeemed items/articles pawned at ASPE EXPLOR-ER PAWNSHOP, Ground Floor, Bichara Complex, Abella St., Igualdad, Naga City, pawned from NOVEMBER 02-30, 2011 whose terms have expired will be sold to public auction sale on MAy 02, 2012 from 9:00 A.M.-12:00 NOON.

Redemption/Renewals of all pledges covered by the above-mentioned date will be honored until APRIL 28, 2012 only. THE MANAGEMENTBIKOL REPORTERPublished: APRIL 8 and 15, 2012

NOTICE TO THE PuBLICAuCTION SALE/SuBASTA

All unredeemed items/articles pawned at ASPE SPEED PAWNSHOP, JR. Bichara Complex, San Antonio Poblacion, Calabanga, Camarines Sur, pawned from NOVEMBER 02-30, 2011 whose terms have expired will be sold to public auction sale on MAy 02, 2012 from 9:00 A.M.-12:00 NOON.

Redemption/Renewals of all pledges covered by the above-mentioned date will be honored until APRIL 28, 2012 only. THE MANAGEMENTBIKOL REPORTERPublished: APRIL 8 and 15, 2012

NOTICE TO THE PuBLICAuCTION SALE/SuBASTA

All unredeemed items/articles pawned at ROWENA ASPE PAWNSHOP, P. Burgos St., corner J. Hernandez Avenue, Naga City, pawned from NOVEMBER 02-30, 2011 whose terms have expired will be sold to public auction sale on MAy 02, 2012 from 9:00 A.M.-12:00 NOON.

Redemption/Renewals of all pledges covered by the above-mentioned date will be honored until APRIL 28, 2012 only. THE MANAGEMENTBIKOL REPORTERPublished: APRIL 8 and 15, 2012

NOTICE TO THE PuBLICAuCTION SALE/SuBASTA

All unredeemed items/articles pawned at R. M. ASPE PAWNSHOP, Cor. Panganiban & Elias Angeles Street, Naga City, pawned from NOVEMBER 02-30, 2011 whose terms have expired will be sold to public auction sale on MAy 02, 2012 from 9:00 A.M.-12:00 NOON.

Redemption/Renewals of all pledges covered by the above-mentioned date will be honored until APRIL 28, 2012 only. THE MANAGEMENTBIKOL REPORTERPublished: APRIL 8 and 15, 2012

NOTICE TO THE PuBLICAuCTION SALE/SuBASTA

All unredeemed items/articles pawned at E. BOy ASPE PAWNSHOP, Prieto Street, Filabel Arcade, Dinaga, Naga City, pawned from NOVEMBER 02-30, 2011 whose terms have expired will be sold to public auction sale on MAy 02, 2012 from 9:00 A.M.-12:00 NOON.

Redemption/Renewals of all pledges covered by the above-mentioned date will be honored until APRIL 28, 2012 only. THE MANAGEMENTBIKOL REPORTERPublished: APRIL 8 and 15, 2012

NOTICE TO THE PuBLICAuCTION SALE/SuBASTA

All unredeemed items/articles pawned at ASPE SuPER-PAWN PAWNSHOP Crown Jewel Holdings Inc., Elias Angeles St., San Francisco, Naga City, pawned from NOVEMBER 02-30, 2011 whose terms have expired will be sold to public auction sale on MAy 02, 2012 from 9:00 A.M.-12:00 NOON.

Redemption/Renewals of all pledges covered by the above-mentioned date will be honored until APRIL 28, 2012 only. THE MANAGEMENTBIKOL REPORTERPublished: APRIL 8 and 15, 2012

NOTICE TO THE PuBLICAuCTION SALE/SuBASTA

All unredeemed items/articles pawned at ASPE CROWN-JEWEL PAWNSHOP & JEWELRy STORE, Bichara Mall corner J. Hernandez & Gen. Luna Sts., Naga City, pawned from NOVEMBER 02-30, 2011 whose terms have expired will be sold to public auction sale on MAy 02, 2012 from 9:00 A.M.-12:00 NOON.

Redemption/Renewals of all pledges covered by the above-mentioned date will be honored until APRIL 28, 2012 only. THE MANAGEMENTBIKOL REPORTERPublished: APRIL 8 and 15, 2012

EXTRAJuDICIAL SETTLEMENT WITH WAIVER Notice is hereby given that the named parties are the legitimate heirs of the deceased ESPERANZA VILLEGAS who died on July 29, 2005 at Carayayan, Naga City without a will and with no known debts; the deceased left an AGRARIAN REFORM TEN (10) yEAR BOND covered by AR. No. 0020394 with outstanding balance of P21,539.04 and AR No. 0020415 with outstanding balance of P11,425.97; that said Heirs hereby settle and adjudicate the mentioned Bond and same Heirs hereby Waive their shares in the said AGRARIAN REFORM TEN (10) YEAR BOND in favor of their co-heir NIDA VILLEGAS, as acknowledged before Notary Public Atty. Maico T. Julia Jr., Doc. No. 276, Page No. 56, Book No. 263, Series of 2012.BIKOL REPORTERPublished: March 25; April 1 and 8, 2012

AFFIDAVIT OF LOSS AND uNDERTAKING

NOTICE is hereby given that BONIFACIO SIA SR. of legal age and a resident of Maryville Subdivision, San Felipe, Naga City, is a planholder of Loyola Plans Consolidated, Inc. and the owner of Policy Contract No. BRO530003531 and CFP#21012231, that said documents were inadvertently lost and misplaced, and despite diligent effort to locate the same proved futile, as acknowledged before Notary Public Atty. Milagros Ramin Francia, Doc. No. 033, Page No. 07, Book No. XIII, Series of 2012.BIKOL REPORTERPublished: March 25; April 1 and 8, 2012

EXTRAJuDICIAL SETTLEMENT WITH WAIVER OF RIGHTS

Notice is hereby given that the named parties are the sole and exclusive heirs of the late FRuCTOuSO R. MORENO, JR. who died on MAY 10, 2005 at San Agustin, Canaman, Camarines Sur, without a will and with no known debts; the deceased left 2 parcels of land with TCT No. 29975 and 29976 situated in Brgy. San, Agustin, Canaman, Camarines Sur; that said Heirs with full civil capacity to contract agree to waive all their rights, shares, interest and possession in favor of their mother, SALVE PURO MORENO, as acknowledged before Notary Public Atty. Jose T. Rojas, Doc. No. 363, Page No. 72, Book No. 10, Series of 2012.BIKOL REPORTERPublished: APRIL 8, 15 and 22, 2012

EXTRAJuDICIAL SETTLEMENT OF ESTATE WITH SALE

NOTICE is hereby given that the named parties are the sole heirs of the late SALVADOR POLINAG who died at Calabanga, Camarines Sur, on October 30, 2004; without any will and with no known debts, left a parcel of land situ-ated in Brgy. Salvacion, Baybay, Calabanga, Camarines Sur, the parties all of legal ages have agreed to divide and adjudicate the described property; for and in consideration of the sum of TWENTY THOUSAND (P20,000.00) pesos, the heirs do hereby SELL, CEDE, TRANSFER and CONVEY by way of ABSOLUTE SALE unto MERVIN ED SAYANGCO MATIENZO the described parcel of land, as stated in the Extrajudicial Settlement of Estate with Sale, acknowledged before Notary Public Atty. Tomas A. Reyes, Doc. No. 88, Page No. 63, Book No. XIX, Series of 2011.BIKOL REPORTERPublished: APRIL 8, 15 and 22, 2012

EXTRAJuDICIAL SETTLEMENT OF ESTATENOTICE is hereby given that the named parties are the forced and legal heirs of the late Sps. ABELARDO PEÑA and CARMEN BRITANICO who died intestate on August 26, 1986 and January 9, 1998 respectively, both in Naga City; without any will and with no known debts, left a parcel of land with OCT No. RP-1055, situated in Caroyroyan (Cadlan) Pili, Camarines Sur, the parties all of legal ages have agreed to adjudicate unto themselves the described property in PRO-INDIVISO ownership and EQUAL SHARES the described parcel of land, as stated in the Extrajudicial Settlement of Estate, acknowledged before Notary Public Atty. Grace S. de la Torre, Doc. No. 19, Page No. 4, Book No. 1, Series of 2012.BIKOL REPORTERPublished: APRIL 8, 15 and 22, 2012

Jesus” (Porta Fidei, 2). The Year of Faith calls Catholics for the profession of faith,

especially public profession of faith (PF, 8). Our theme allows us to remember that the most basic expression and manifesta tion of the faith is the Sign of the Cross. It expresses our Faith in the Trinity: The Father, Son and Spirit. The Sign of the Cross is elaborated by the Credo. Thus, bearing the Cross on our fore heads on Ash Wednesday, the beginning of Lent, praying the Via Crucis, etc., are public professions of our Faith.

The Year of Faith also calls for interiorization of our life of faith (Pagsaboot kan satong buhay sa pagtubod) – our practices and customs as Catholics. This is our response to the Holy Father’s call to New Evangelization (PF, 7,4). We do not simply know, but we live our faith with conviction, especially in these challenging times, when the role and importance of faith is eclipsed by many factors.

The Way of the Cross is one concrete, prominent practice in this season of Lent. For us Catholics, the Way of the Cross, the Way of Jesus, is also “our way” (Dalan sa “sakong” pagmidbid sa Dios). This signifies that knowing God and Jesus is a process, a journey, a lifetime journey (PF, 1-2). The Lenten observance is a call to set the journey out of the desert “towards the place of life, towards friendship with the Son of God, towards the One who gives us life, and life in abundance” (PF, 2). Thus, the season of Lent, like any journey, is a period of preparation – like training for a battle, for the struggles in daily life. And just as training demands sacrifice, so does this season calls us “to fast, to abstain, to give alms,” all these in the spirit of penance (CCC, 1438). We enter into the mystery of Christ’s suffering, passion and death. And just as Jesus was “raised to life by the Father” (Rom. 6:4), we may also arrive at our destination – the triumph of Jesus’ Resurrec-tion. Lent is a time for us to under stand our Faith in the light of the Paschal Mystery.

With these, I enjoin everyone to encounter Jesus in this season rich with Catholic liturgical and devotional practices.

To all the Clergy, the sisters, catechists and all those who ac tively work in the field of evangelization: it would be profitable to explain the nature, the importance and the reason of the dif-ferent Catholic practices and customs during this season: e.g., pagpangurus, pag-estasyon, pag-prusisyon, visita iglesia, peni-tencia, paglimos, pag-ayuno asin abstinencia, acts of mortifica-tion, Lenten recollections and retreats, the practice of spiritual and corporal works of mercy, acts of charity, and the preparation of the catechumens for baptism on Easter.

In explaining these, let us be guided by the Teachings of Vati-can II and the Catholic Catechism of the Church as we celebrate the 50th year of the opening of Second Vatican Ecumenical Council and the 20th year of the publication of Catechism of the Catholic Church.

Message for lent 2012 . . .

And to all the lay faithful: take the opportunity to religiously at tend to these practices and customs, and sincerely open your selves to a deeper understanding of them. All these must lead to a deeper appreciation of the Sacraments, particularly Confes-sion and the Eucharist, and to a docile obedience of the Lord’s commandments.

During the Holy Week, we are invited to follow the Lord more closely – towards imitatio Christi, an imitation of the Savior who offered his life on the Cross. And when Easter time comes, we shall share in the glory of Christ’s resurrection by renewing our baptismal promises which contain the articles of our Faith.

Let us faithfully follow Jesus in the “Way of the Cross!” Under stand why we believe in it and why we are doing it! And we shall see in our lives the blessings this season brings.

+LEONARDO Z. LEGASPI, O.P.,D.D.Archbishop of Caceres

The DBM has been receiving inquiries regarding the availability of funds for the plebiscite for Camarine sSur as well as the re-registration for voters in the ARMM. We have been advised that Comelec has made pronouncements that funding support has not been extended for the abovementioned activities.

In this line, I write to be clarified with regard to the following:

a. For FY 2012, the Commission was allocated approximately Php113.24M for the Continuing Registration for the National and Local Elections.

Considering that this Department has not received any request with regard to the re-registration in the ARMM, and since the COMELEC has not submitted reference data on the operationalization of the P113M funding, this is to request for a proposal from the COMELEC on the requirements and support that would be needed to mount the re-registraion of the ARMM voters.

b. The Statement of Allotment and Obligations (SAOB) of COMELEC as of December 30, 2011 show that the COMELEC has Php4.733B in overall savings, wherein the following has been earmarked:

* Php1B for the purchase of a lot for the new COMELEC office building, warehouse and multi-purpose hall;

* Php462.064M is being offered for the 2013 ARMM elections, which is the balance of the Php480M for the supposed FY 2011 ARMM elections that DBM has released last year.

Considering that all reforms, electoral reforms included, are a priority of the President as part of the Social Contract, may we urge the Chairman to prioritize the re-registration for ARMM voters, the plebiscite in Camarines Sur and the

froM My window . . . recall elections such places as Samar and Danao City in the use of COMELEC savings.

The DBM is open to discuss with the Comelec for the administrative requirements of the Commission which may be proposed in the FY 2013 budget. This has also been expressed to Commissioner Augusto Lagman. I would like to also offer this Department’s provision for technical assistance in the matter of designing monthly cash programs to fast track disbursement as well as in planning budget expenditure.

I look forward to your reply. Thank you.

Sincerely,

(Sgd.) FLORENCIO B. ABAD.

Bikol reporter 27april 8 - 14, 2012

SOLID gOLD PAWNSHOPNAgA CITY

AuCTION SALENotice is hereby given that all pawned items for DECEM-BER 2011 which were not redeemed will be auctioned on MAy 04, 2012 at 9:30 o’clock in the morning.

PAISIIpinapaisi sa publico na ang gabos na ipinagsangra kan DECIEMBRE 2011 isusubasta sa MAyO 04, 2012 alas 9:30 nin aga. The ManagementBIKOL REPORTERPublished: APRIL 8, 2012

SOLID gOLD PAWNSHOP195 Panganiban Street, Dinaga, Naga City

AuCTION SALENotice is hereby given that all pawned items for DECEM-BER 2011 which were not redeemed will be auctioned on MAy 04, 2012 at 9:30 o’clock in the morning.

PAISIIpinapaisi sa publico na ang gabos na ipinagsangra kan DECIEMBRE 2011 isusubasta sa MAyO 04, 2012 alas 9:30 nin aga. The ManagementBIKOL REPORTERPublished: APRIL 8, 2012

SOLID gOLD PAWNSHOPubaliw, Polangui, Albay

AuCTION SALENotice is hereby given that all pawned items for DECEM-BER 2011 which were not redeemed will be auctioned on MAy 04, 2012 at 9:30 o’clock in the morning.

PAISIIpinapaisi sa publico na ang gabos na ipinagsangra kan DECIEMBRE 2011 isusubasta sa MAyO 04, 2012 alas 9:30 nin aga. The ManagementBIKOL REPORTERPublished: APRIL 8, 2012

each receive 2 units knap-sack sprayers with a total cost P3,900 and 2 units PH meter with a total cost of P9,990.

Meanwhile 32 recipients of DA’s Akbay livelihood in the province will each receive P10,000 each as start up capi-tal for swine fattening project . An additional 12 recipients will also receive P10,000 from the roll over fund .

Four coconut farmers as-sociation will receive an ag-gregate total of 10, 892 piec-es stabilized coco seedlings

alcala visits catanduanes . . .worth P217.772 in incentive checks under the PCPP Phase II project.

Seven (7) fi sherfolk asso-ciations, 5 barangay councils and the LGU of San Miguel will receive will receive P2.3M worth of fi shery proj-ects projects which include techno demo on polyculture of mudcrab and bangus in brack-ish water pond; aquasilvi proj-ect, fi shcage culture, squid pot project, fi sh pen project, deep water payao (fi sh aggregat-ing device); innovative tech-

nology on crablets collection/gathering; deep water payao; municipal tilapia hatchery and hapa-based tilapia hatchery.

The Catanduanes State Col-leges will also be given fund-ing assistance in the amount of P1.5M for its R&D project on Catanduanes Indigenous Rice development Program (CIRDEP) and another P3.4M for its community based multi-species hatchery projects , aquasilvi culture rehabilitation project

Before proceeding to Cat-anduanes Alcala will drop by the island province of Masbate to grace the opening ceremo-nies of the annual Rodeo Festi-val. He will also lead the cer-emonial release or stocking of tilapia and bangus fi ngerlings in the Potot Small Water Im-pounding Project (SWIP ) in Milagros , Masbate and inter-act with the Paranara Irrigators Association (IA) members . Likewise, he will lead the ceremonial start-up of water pump and meet with the IA s of Barangay Manolib of the same municipality.

In Catanduanes Alcala will visit and lead the ceremo-nial mangrove planting at the Mangrove Reforestation Project which covers about 90 hectares in Barangay Bata-lay in the town of Bato. This project which was launched in 2001 was facilitated by CARE-CERD, the NGO contracted by DA-BFAR un-der the Fisheries Resources Management Project (FRMP) . He will also visit the Hydro electric power plant where NIA is proposing to establish a communal irrigation sys-tem. He will then inspect the Tramline project and abaca project also in Bato. He will

Sur; Camalig, Albay; and Sor-sogon City.

So far, two batches of train-ees have already completed the A-EXCEL course in Pili town for January and February this year. The oldest among the trainee is 65-years old Dem-etrio Aleman, a farmer from Zone 2 of San Vicente, Pili, Camarines Sur.

LPPFI, a non-government organization registered with the Securities and Exchange Commission (SEC) as an non-stock, non-profi t organiza-tion, is engaged in institutional strengthening of POs and farmers cooperatives, farmers modernization, and provisions of support services and facili-ties for the sutainable develop-ment of Bicolano farmers.

ngo opens...

also have a press conference with the local media after his project visitation in the after-noon of April 9.

He is set to meet with the provincial and municipal of-fi cials and other stakeholders on his second day in the prov-ince. HJe will cap his visit with a dialogue with the farm-ers and fi sherfolk and other stakeholders during the Stake-holder’s Forum in the morning of April 10 at the Virac Sports Complex. -Emily B. Bordado

nila-Cebu (total of 99 weekly fl ights), Manila-Bacolod (40 weekly fl ights) and Manila-Iloilo (7 daily fl ights).

For bookings and inqui-ries, guests can go to www.cebupacifi cair.com, or call the reservation hotlines (02) 7020-888 or (032) 230-8888. The latest seat sales and promos can also be found on CEB’s offi cial Twitter and Facebook pages.

CEB fl ew close to 12 mil-lion passengers from January to December 2011, an increase of 14% over 10.5 million pas-sengers in 2010. The airline launched the following fl ights in the 1st half of 2012: Manila-Hanoi (March 17), Manila-Xi-amen and Kalibo-Hong Kong (March 23). On April 19, CEB will also launch its Manila-Siem Reap service.

CEB currently operates 10 Airbus A319, 20 Airbus A320 and 8 ATR-72 500 aircraft. Its fl eet of 38 aircraft – with an av-erage age of 3.6 years – is one of the most modern aircraft fl eets in the world. Between 2012 and 2021, Cebu Pacifi c will take delivery of 22 more Airbus A320 and 30 Airbus A321neo aircraft orders.

ceB increases seat . . .coco’s entry for this year, “Sa Naninibago” wonKaran-galang-Banggit (Honorable Mention). In 2004, his entry, “Uniberso” won Pangalawang Gantimpala (Second Prize).

In 2007 his entry “Hagbay-on” also won Karangalang-Banggit, and his poem, “Super-maids” won the Gawad Soc Rodrigo, a special award for poets who write in the fashion of the late Senator-Poet Fran-cisco “Soc” Rodrigo.

Writing in English, Taga-log/Filipino, Bikol-Naga ang Iriganon, Chancoco is also the author of “Pagsasatubuanan: Poetikang Bikolnon,” a prize-winning book on Bikol poet-ics published by the National Commission for Culture and the Arts (NCCA).

He is also the lead orga-nizer of VerSosimo: Writers’ Gig at Sosimo Bar, a monthly poetry show at Magsaysay Av-enue, Naga City. Led by the Komisyon sa Wikang Filipi-no Punong Komisyoner (Chief Commissioner) Jose Laderas Santos, this year’s awarding was held 8:30AM at the Cher-ry Blossoms Hotel in Ermita Manila.

gon. Meanwhile, CEB remains the largest airline operating to and from Puerto Princesa, which is world-renowned for its Underground River.

The summer peak months will also see fl ight frequency increases for the following routes: Cebu-Bacolod (total of 17 weekly fl ights), Cebu-Caticlan (3 daily fl ights), Cebu-Davao (5 daily fl ights), and Cebu-Siargao (4 weekly fl ights). CEB is the only airline fl ying direct to Siargao, an in-ternational surfi ng destination.

Flight frequency additions will be extended from March 24 to June 4, 2012 for the fol-lowing high-traffi c routes: Ma-

chancoco . . .