code of general ordinances of balete, aklan

2011

Sangguniang Bayan Municipality of Balete, Aklan

[CODE OF GENERAL ORDINANCES OF BALETE AKLAN] [Ordinance No. C03 – 2011]

Code of General Ordinances – Balete, Aklan 2

Contents CHAPTER I ....................................................................................................................... 3 GENERAL PROVISIONS ................................................................................................ 3

Article A – Title and Scope .......................................................................................... 3 Article B – Rules of Construction ................................................................................ 3

CHAPTER II ....................................................................................................................... 5

PEACE AND PUBLIC ORDER ........................................................................................ 5 Article A – Public Morals ............................................................................................. 5 Article B – Public Order and Safety ........................................................................... 5

Article C – Nudism in Public Places ............................................................................ 6 CHAPTER III ..................................................................................................................... 6 TRAFFIC AND TRANSPORTATION .............................................................................. 6

Article A – Coverage and Definition of Terms ........................................................... 6 Article B – Traffic Rules and Regulations .................................................................. 7

Article C – Tricycle and Pedicab Operations ........................................................... 12 Article D – General Administrative Provisions........................................................ 15 Article E – Penal Provision ........................................................................................ 15

CHAPTER IV ................................................................................................................... 15 HEALTH AND SANITATION ........................................................................................ 15

Article A – Severe Acute Respiratory Syndrome Prevention Program ................. 15 Article B – Promotion of Iodized Salt ....................................................................... 17

Article C – Safeguarding of Foodstuff ...................................................................... 19 Article D – Mandatory Annual Sputum and Stool Examination ........................... 19 Article E – Cleanliness in Public Places .................................................................... 20

Article F – Regulations on Stray Animals ................................................................ 21 Article G – Mandatory Sanitary Toilet for Every Household ................................ 21

Article H – Support to PhilHealth Program............................................................. 22 Article K – PhilHealth Capitation Fund ................................................................... 23

CHAPTER V .................................................................................................................... 23

CULTURE, IDENTITY, HERITAGE AND EDUCATION ........................................... 23 Article A – The Municipal Seal of Balete.................................................................. 23 Article B – Proper Names of Public Institutions ...................................................... 25

Article C – Scholarship Program .............................................................................. 25

Article D – Mandatory Pre-Marriage Counseling ................................................... 27 CHAPTER VI ................................................................................................................... 29 FINAL PROVISIONS ...................................................................................................... 29

Article A – General Penal Provisions ........................................................................ 29 Article B – Participation in Voluntary Community Service Program ................... 29

Article C – Implementing Rules and Regulations .................................................... 30 Article D – Separability, Applicability, Repealing and Effectivity Clauses .......... 30


CODIFICATION OF GENERAL ORDINANCES

OF THE MUNICIPALITY OF BALETE, AKLAN

CHAPTER I

GENERAL PROVISIONS

Article A – Title and Scope

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

General Ordinances of 2011”.

Section 1A.02. Scope. This Code covers relevant general ordinances enacted by

the Sangguniang Bayan of this municipality. Otherwise one may refer to the following

special ordinances, municipal codes, charters and executive issuances for general and

special subjects excluded herein:

a. Administrative Code

b. Children and Youth Welfare Code

c. Gender and Development Code

d. Environment Code

e. Investment Incentive Code

f. Balete Community College Charter

g. Market and Slaughterhouse Charter

h. Public Health and Sanitation Charter

i. Revised Revenue Code

j. CLUP and Zoning Ordinance and

k. Executive Orders

Article B – Rules of Construction

Section 1B.01. Words and Phrases. Words and phrases embodied in this Code

not herein specifically defined shall have the same meaning as found in legal dictionaries

as well as in existing laws.

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

of this Code, the following rules of construction shall be observed unless inconsistent

with the manifest intent of the provisions or when applied they would lead to absurd or

highly improbable results:

a) General Rule. All words and phrases shall be construed and understood

according to the common and approved usage of the language; but technical

words and phrases and such other words in this Code which may have acquired


a peculiar or appropriate meaning shall be construed and understood according

to such technical, peculiar or appropriate meaning.

b) Gender and Number. Every word importing the masculine gender as well as

the words “he/she”, “his/her” and “him/her” shall extend to both male and

female. Every word importing the singular number shall extend and apply to

several persons or things as well; and every word importing the plural number

shall extend and apply also to one person or thing.

c) Computation of Time. The time within which an act is to be done as provided

in this Code, or in any rule or regulation issued pursuant to the provisions

thereof, when expressed in days shall be computed by excluding the first day

and including the last day, except when the last day falls on a Sunday or

holiday, in which case the same shall be excluded from the computations and

the next business day shall be considered the last day.

d) Tenses. The use of any verb in the present tense shall include the future

whenever applicable. The words “shall have been” shall include past and future

cases. The use of the word “shall” in this Code means the act being required to

be done is mandatory, whereas when the word “may” is used it means

permissive.

e) References. All references to “Chapters”, “Articles”, or “Sections” are to

chapters, articles or sections in this Code unless otherwise specified.

f) Conflicting Provisions of Chapters. If the provisions of different Chapters

conflict with or contravene each other, the provisions of each chapter shall

prevail as to all specific matter and questions involved therein.

g) Conflicting Provisions of Sections. If the provisions of different sections in the

same chapter conflict with each other, the provision of the section which is last

in point of sequence shall prevail.

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

amendment on this Code may be introduced to the chapter, article or section concerned.

All ordinances or provisions thereof enacted subsequent to the date of effectivity of this

Code shall be complied in such a way as to bear the corresponding chapter, article or

section to which such ordinance or provision pertains. Such new provisions shall be

integrated into the corresponding chapter, article or section whenever a new printing or

reproduction of this Code is undertaken upon authorization of the Sanggunian.

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

commenced before the effectivity of this Code shall be adversely affected by any

provisions hereof. Thereafter, all procedures or actions to be taken shall conform to the

provisions of this Code whenever possible.

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

this Code, such reference shall apply to all amendments and additions now or may

hereafter be introduced.


Section 1B.06. Effect of Headings. The Chapter, Article and Section headings do

not in any manner affect the scope, meaning or intent of the provisions contained in this

Code.

Section 1B.07. Relation to Prior Ordinance. The provisions of this Code even if

they are substantially the same as that of previous or existing ordinances particularly

when dealing with the same subject matter shall be construed as new enactments

rendering prior ordinances either as repealed or amended.

CHAPTER II

PEACE AND PUBLIC ORDER

Article A – Public Morals

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

public places in the Municipality of Balete shall be freed of sights offensive to public

morals. As such, it shall see to it that consumption of liquor and alcoholic beverages in

public places shall be prohibited and the selling of the same thereof shall hereby be

regulated.

Section 2.A.02. Definition of Terms. For the purpose of this ordinance the

following shall mean:

Public places shall include, parks and plaza, market places, cemeteries, schools,

streets, Multi-purpose Pavements and vicinities of public building.

Liquors and other alcoholic beverages shall include beers, gins, tuba (coconut or

nipa, buri palm wines), rums, whiskeys, brandies and other fermented or distilled

beverages.

Section 2.A.03. Scope. Store/vendors near public places are covered by this

provision and are regulated as specified herein and enjoined to refrain from selling

alcoholic beverages to any person whom they supposed to consume the same within the

restricted areas.

Article B – Public Order and Safety

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

structure, tree and/or ornamental plant under the care of the local government of this

municipality shall be prohibited.


Section 2.B.02. Scope. Parents, teachers and persons of authority are enjoined to

disseminate and explain to their children, students and wards the contents of this

prohibition.

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

this town shall be deputized to enforce this article.

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

Bawang, Atomic Bomb Junior and other big firecrackers classified as dynamites or

explosives under the revised Fire Code of the Philippines (RA 9514) shall be regulated

accordingly.

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

the Revised Fire Code of the Philippines (2008) otherwise known as RA 9514 and its

Implementing Rules and Regulations, and more particularly Rule 7, Section 7.01.2

thereof are hereby adopted and complied with.

Article C – Nudism in Public Places

Section 2.C.01. Regulated Acts. It shall be unlawful for any person to appear nude

in any place open to the public within this municipality.

Section 2C.02. Rules and Regulations. No operator of any showhouse, day or night

club, bar or cocktail lounge shall allow or permit any person to perform nude in any kind

of stage play, stage show, or stage exhibition in his/her establishment.

Section 2C.03. Penalty. Any person who violates any provision of this Article shall

be punished by a fine of not more than Five Hundred (P500.00) or imprisonment of not

more than fifteen (15) days, or both fine and imprisonment, at the discretion of the Court.

CHAPTER III

TRAFFIC AND TRANSPORTATION

Article A – Coverage and Definition of Terms

Section 3.A.01. Coverage- This chapter (Ord. No. 012-20110) shall cover all

types of motor vehicles either land or water-based and pedicabs operating and/or passing

within the territorial jurisdiction of this municipality.

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

a. Emergency Parking or Parked – shall mean that a motor vehicle is brought to

a stop for a period of time on the shoulder or proper edge of a highway due to


unforeseen circumstances that require the driver/motorist to perform

immediate and urgent troubleshooting.

b. Highways – shall mean any and every public thoroughfare, but shall not

include roadway upon grounds owned by private persons, churches, or other

similar institutions;

c. Lane Splitting – shall mean using or sharing a lane already occupied by one

vehicle by another vehicle such as a motorcycle or scooter in a road or

highway

d. Market Day – shall refer to Saturday morning from 5:30 a.m. to 12:00 noon;

e. Parking or Parked – shall mean that a motor vehicle is “parked” parking” if it

has been brought to a stop on the shoulder or proper edge of a highway, and

remains inactive in that place or close thereto for an appreciable period of

time (10 minutes to six hours). A motor vehicle which properly stops merely

to discharge a passenger or to take in a waiting passenger, or to load or unload

a small quantity of freight with reasonable dispatch shall not be considered as

“parked”, if the vehicle again moves away without delay.

f. Pedicab – shall mean any three-wheeled passenger vehicle, which the driver

propels by pedaling and usually with the cab attached to the main cycle at the

right side.

g. Prolonged Parking – shall be taken as the parking of the same vehicle in the

same place or close thereto for a period of more than six hours;

h. Special Days – shall refer to those days set aside for specials occasions such

as Town fiesta, Sports festivals, civic parades, religious processions, and other

similar activities that draw the crowd

i. Vehicles – shall include all types of motor vehicles either two-wheeled or

otherwise propelled by any power other than muscular power using the public

highways, but excepting road rollers, trolley cars, streetsweepers, sprinklers,

lawn mowers, bulldozers, graders, fork-lifts, amphibian trucks, and cranes if

not used on public highways, vehicles which run only on rails or tracks, and

tractors, trailers and traction engines of all kinds used exclusively for

agricultural purposes.

Article B – Traffic Rules and Regulations

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

in the implementation of this chapter (Ord. No. 012-20110).

a. Municipal Streets

a.1. Through Streets

The stretches of Bernardo J. Rodriguez Street and that of Miguel F. Calizo

Street shall be regarded as “through streets” while the entire Teodoro F. Calizo

Avenue shall be the “through highway” in the Poblacion area.

a.2. One Way Streets (On Market and declared Special Days)


a.2.1. One way route to public market include the entire Jose F. Cortes to

Miguel F. Calizo Street, turn left to Jose O. Barrios Street and exit to

T.F. Calizo Ave.

a.2.2. The stretch of B.J. Rodriguez St. between J.F. Cortes St. and J.O.

Barrios St. is a one way street with its entry at J.F. Cortes St.

a.3. No Entry

a.3.1. Vehicles coming from T.F. Calizo Ave. shall not enter Jose O. Barrios

St. during market days and special days

a.3.2. Vehicles coming from J.O. Barrios St. shall not enter B.J. Rodriguez

St. during market and special days

a.4. No Left/Right Turn

a.4.1. Vehicles coming from B.J. Rodriguez St. shall not turn right to J.O.

Barrios St. during market and special days

a.4.2. Vehicles coming from M.F. Calizo St. and B.J. Rodriguez St. shall not

turn left to J.F. Cortes St. during market and special days

a.4.3. Vehicles coming from Veterans St. shall not turn left to M.F. Calizo

St. during market and special days

a.5. Total Truck Ban

a.5.1. Delivery Trucks/Vans are prohibited from entering the route J.F.

Cortes St to M.F. Calizo to J.O. Barrios St. on Saturdays and special market

days the entire morning thereof.

a.5.2. 8-tonner Trucks/Vehicles and up are prohibited from entering all

Barangay Roads and Municipal Streets within the area of jurisdiction of the

Balete.

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

without prejudice to the Zoning Ordinance of Balete, the following areas are

hereby declared as follows

b.1. School Zones – all public roads/streets in Balete passing through schools

and daycare centers

b.2. Other Institutional Zones – all public roads/streets in Balete passing

through the Town Hall, PNP Station, Post Office, RHU, DAR, Barangay Halls,

MPP’s, Civic Center, BFP Office, Municipal Library, Youth Center, Cemetery and

similar institutions

b.3. Commercial/Market Zones – the entire stretch of J.O. Barrios St. and all

other streets/roads passing through public markets and talipapa’s.

c. Areas c.1. Parking Areas – the designated parking areas for all types of vehicles are

as follows:

c.1.1. For Public Utility Vehicles (Jeepneys) plying the route Kalibo-Balete

and vice versa – the vacant area located north-west of the Municipal

Cemetery, Barangay Cortes

c.1.2. For Garage to Terminal Vehicles (L300 Vans) plying the route

Kalibo-Balete and vice versa – the vacant lot located besides the Payag

Restaurant, fronting the Town Plaza (Rizal Park)


c.1.3. For Tricycles for Hire (on ordinary days)

(a) Aranas – Poblacion Route, queue at B.J. Rodriguez St. with the first in

line stationed at J.O. Barrios St. five meters from the street corner at

T.F. Calizo Ave.

(b) Aranas Centro – Anao/Sumaeagi Routes, queue at the road shoulder,

Anao FMR corner National Road

(c) Arcangel – Poblacion Route, queue at the road shoulder of Balete-

Libacao Provincial Road with the first in line stationed beside the

road shoulder of the National Road approaching the Balete Bridge

(d) Bang-bang – Arcangel Norte Route, queue at the road shoulder of

Arcangel Norte Barangay Road corner National Road

(e) Calizo – Poblacion Route, queue at the road shoulder of Calizo

Barangay Road corner National Road

(f) Cortes-Poblacion Route, queue at the road shoulder of Cortes-

Guanko-Oquendo Barangay Road corner National Road

(g) Feliciano – Fulgencio Sur Route, queue at the road shoulder of

Fulgencio Barangay Road corner National Road

(h) Highway-Fulgencio Norte Route, queue at the road shoulder of the

Fulgencio-Camaligan Provincial Road corner National Road

(i) Morales – Poblacion Route, queue at the road shoulder of Balete-

Libacao Provincial Road with the first in line stationed beside the

road shoulder of the National Road approaching the Balete Bridge

c.1.4. Parking Set up during Market and Special Days

(a) For Tricycles for Hire – a pre-designated area for TC service

covering all routes shall be marked along J.O. Barrios St. facing the

Balete Public Market

(b) For Private Vehicles (those owned by Bolante/Vendors) – a lane of

the B.J. Rodriguez and M.F. Calizo Sts. from J.F. Cortes to Antonio

F. Cortes Sts. shall be allocated for as the parking area thereof

(c) For Private Vehicles (those owned by Consumers and persons other

than the vendors/bolante) – a lane of the B.J. Rodriguez and M.F.

Calizo Sts. From J.F. Cortes to J.O. Barrios Sts. shall be allocated for

as the parking area thereof

(d) For Delivery Vehicles other than Delivery Vans – a lane of the M.F.

Calizo St. from J.F. Cortes to Saint Rafael Sts.

c.1.5. Exclusivity of Parking Areas - No driver shall park a vehicle in the

respective designated parking areas other than those types identified per

Sec. 4.1.c.1. hereof.

c.1.6. Emergency Parking on Road Shoulders – Any driver who for

emergency reasons shall park a vehicle on municipal streets and road

shoulders may be tolerated for the first eight hours, otherwise, he/she shall

be charged with a fine at a rate of Php. 20.00 per hour.

c.2. No Parking/Loading/Unloading Areas

c.2.1. No driver shall park a vehicle, or permit it to stand, whether attended

or unattended, upon a highway in any of the following areas:

(a) Within an intersection


(b) On a crosswalk

(c) Within six meters of the intersection of curb lines

(d) Within four meters of the driveway entrance to a fire station

(e) Within four meters of fire hydrant

(f) In front of a private driveway

(g) On the roadway side of any vehicle stopped or parked at the curb or

edge of the highway

(h) At any place where official signs have been erected prohibiting

parking, loading or unloading.

c.2.2. Prolonged parking along the municipal streets and their shoulders is

strictly prohibited.

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

Motorcycle with Backseat Extension. Tricycles shall be parked together in one

area while motorcycles with backseat extension shall be parked in another area

nearby. Provided finally, that in the designated parking areas, the following shall

be strictly observed, viz:

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

passengers. Only in the absence of tricycles in the parking areas can

single motorcycles pick up these passengers, in the first come first serve

basis or in the order of their line;

c.3.2. Single motorcycles shall, as far as practicable, pick up only

passengers of upland and remote destinations;

c.3.3. A dispatcher duly designated by the associations of tricycle and

motorcycle drivers shall man and direct the flow of passengers and

monitor the trip and dispatch of all motorcycles and tricycles in the

designated parking areas, and whose compensation shall be fixed by the

association;

Section 3.B.02. Restrictions on Speed Limit - The uniform speed limit for

nationwide application as provided under Sec. 35, Article I, Chapter IV of R.A. No. 4136

is hereby incorporated as part of this code, viz.:

“Section 35. Restriction as to speed. – (a) Any person driving a motor vehicle

on a highway shall drive the same at a careful and prudent speed, not greater not

less than is reasonable and proper , having due regard for the traffic, the width of

the highway, and or any other condition then there existing, and no person shall

drive any motor vehicle upon a highway at such a speed as to endanger the life,

limb and property of any person, not at a speed greater than to permit him to bring

the vehicle to a stop within the assured clear distance ahead.

“(b) subject to the provisions of the preceding paragraph , the rate of speed

of any motor vehicle shall not exceed the following:

MAXIMUM ALLOWABLE Passengers Motor trucks


SPEEDS Cars and Motorcycles and buses

1. On open country roads, with no “blind corner” not closely bordered by habitations

80 km. per hour 50 km. per hour

2. On “through streets” or boulevards, clear of traffic, with no “blind corners,” when so designated


3. On city and municipal streets, with light traffic when not designated “through streets”


4. Through crowded streets approaching intersections at “blind corners”, passing school zones, passing other vehicles which are stationery, or far similar dangerous circumstances


“(c) The rates of speed hereinabove prescribed shall not apply to the

following:

(1) A physician or his driver when the former responds to emergency

calls;

(2) The driver of a hospital ambulance on the way to and from the place

of accident or other emergency;

(3) Any driver bringing a wounded or sick person for emergency

treatment to a hospital, clinic, or any other similar place;

(4) The driver of a motor vehicle belonging to the Armed Forces while

in use for official purposes in times of riots, insurrection or invasion;

(5) The driver of a vehicle, when he or his passengers are in pursuit of a

criminal;

(6) A law-enforcement officer who is trying to overtake a violator of

traffic laws; and

(7) The driver officially operating a motor vehicle of any fire

department, provided that exemption shall not be construed to allow

unless or unnecessary fast driving of drivers aforementioned.”

Section 3.B.03. Other Prohibited Acts – The following acts shall be considered

prohibited and punishable with specified fines, viz.:

a. Driving without valid license

b. Disregarding traffic signs


c. Refusal to convey passengers and overcharging

d. Conveying passengers over the rated capacity of the vehicle

e. Conveying passengers by tricycles and motorcycles without the required

franchises and/or registration stickers

f. Plying out of line

g. TCH unit drivers driving without wearing their proper uniform

h. Speeding and overtaking within the designated school zones

i. Driving a vehicle while under the influence of liquor or drugs

j. Disregarding, obstructing, following or racing with emergency vehicles using

sirens

k. Weaving in and out of traffic lanes and lane splitting

l. Cutting and stopping suddenly

m. Tailgating (driving too close behind other vehicles)

n. Overtaking and passing at intersections, or curves, hills or bridges

o. Overtaking and passing a long line of curves on a two-way street

p. Overtaking and passing on the right shoulder of the road

q. Driving on the wrong side of the street and against the flow of traffic,

especially in one way street

r. Driving at night without using driving lights

s. Cutting to soon after passing

t. Double-parking

u. Loading and unloading in the middle of the road

v. Allowing passengers to ride on running boards, step boards, mudguards and

top loads

w. Driving motorcycle without protective helmet

x. Using cellular phones or other gadgets while driving

y. Using of horn or signaling device and car stereo emitting an exceptionally

loud, startling, or disagreeable sound

z. Using by any other than those authorized emergency vehicles of bells, sirens,

or exhaust whistle

aa. Driving in attire offensive to public morals

bb. Driving vehicles without muffler

Article C – Tricycle and Pedicab Operations

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

shall govern the operation of tricycle-for-hire in the municipality:

a. Only Filipino citizens or corporations with sixty percent (60%) Filipino

equity are qualified to be operators of tricycles–for-hire and pedicabs-for-hire.

b. No tricycle-for-hire or pedicab-for-hire, either for passenger or for cargo or

both, shall be operated in this municipality without a Motorized Tricycle Operator’s

Permit (MTOP) or Pedicab Operator’s Permit (POP) from the Sangguniang Bayan

and a corresponding permit from the Office of the Mayor under the Municipal

Revenue Code.


c. Application forms shall be secured from and filed with the Office of the

Secretary to the Sangguniang Bayan together with the required supporting

documents.

d. MTOP shall be granted on the condition that the applicant shall cause the

registration of his unit/s as Tricycle/s-for-Hire with the Land Transportation Office

(LTO) within 30 days upon the granting thereon and furnish thereafter the Office of

the Secretary to the Sanggunian with a photocopy of the registration papers together

with the other pertinent documents which may be required of him/her.

e. Operators shall only employ drivers who are duly licensed by the LTO for

tricycles–for-hire.

f. An application for a Motorized Tricycle Operator’s Permit (MTOP) may be

filed any time of the year using the appropriate franchising forms and submitted

together with the other documents listed hereunder:

f.1. Proof of Ownership (Original Purchase Receipt, Deed of Sale, Deed of

Conditional Sale or Registration Papers);

f.2. Community Tax Certificate;

f.3. Proposed route/s with corresponding rates;

f.4. Valid registration papers from the LTO for the units to be used;

f.5. A duly certified photocopy of a common carrier’s insurance certificate

sufficient to answer for any liability to passengers and third parties in

case of accidents;

f.6. A picture of the applicant beside his/her tricycle for easy determination

of its usage;

f.7. Road worthiness certification from the Balete PNP station; and

f.8. Affidavit of the applicant stating that his/her tricycle will be driven only

by a person with a Professional Driver’s License.

g. No tricycle-for-hire shall be operated without a silencer attached to its

exhaust system.

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

govern the operation of pedicabs-for-hire in the municipality:

a. An application for a Pedicab Operator’s Permit [POP] may be filed any

time of the year using the appropriate franchising forms and submitted

together with the other documents listed hereunder:

a.1. Proof of Ownership (Original Purchase Receipt, Deed of Sale, Deed

of Conditional Sale or Affidavit of Ownership)

a.2. Community Tax Certificate

a.3. Proposed route/s with corresponding rates

a.3.1. A picture of the applicant beside his/her pedicab for easy

determination of its usage;

a.3.2. Road worthiness certification from the Balete PNP Station;

and

a.3.3. Affidavit of the applicant stating that his/her pedicab/s will be

driven only by persons not less than eighteen (18) years old.

b. No person shall drive a pedicab-for-hire in this municipality unless he/she

is at least eighteen (18) years old.


c. Pedicab-for-hire units shall be equipped with the following safety devices:

c.1. Warning Devices. Pedicab operators should install bicycle horns,

ringers or equivalent warning devices in their respective units.

c.2. Reflectorized stickers shall be installed at the front and back portions

of pedicab units to enhance nighttime visibility. Battery-operated

electronic flashers may also be installed on pedicabs as additional

nighttime safety devices.

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

Operations.

a. MTOP and POP applications endorsed by the Board to the Sangguniang

Bayan may be reported out and sponsored by the Committee on

Transportation during any regular session or a special session called

for this purpose.

b. A Motorized Tricycle Operator’s Permit (MTOP) or a Pedicab Operator’s

Permit (POP) shall be valid for a period of three (3) years.

c. An operator wishing to stop service completely, or to suspend service for

more than one month, should report in writing such suspension or

termination to the Board.

d. A Motorized Tricycle Operator’s Permit (MTOP) or a Pedicab Operator’s

Permit (POP) is non-transferable whenever there is change of

ownership. Such change of ownership shall be construed as an

amendment thereto and any amendment shall require appropriate

approval from the Sangguniang Bayan upon the recommendation of

the Board.

e. If the new owner opts to apply for a new franchise, the unit’s previous

franchise shall be deemed automatically cancelled upon the issuance

of a new franchise.

f. The Balete Franchising and Regulatory Board, in coordination with the

PNP, shall conduct seminars on road safety and traffic rules and

regulations for pedicab and tricycle drivers at least once every six

months. After each seminar, the Board may issue identification cards

to participating pedicab drivers, the cost of which shall be borne by the

concerned individuals.

g. Operators and drivers of all tricycle-for-hire and pedicab-for-hire are

required to install at least two (2) garbage receptacles in their vehicles

– one (1) for biodegradable and one (1) for non-biodegradable solid

waste. The color scheme and usage designation of the said receptacles

shall be in accordance with the guidelines set forth by the Solid Waste

Management Board of this municipality.

h. Tricycles and pedicabs intended for private or personal use should be

registered with the Office of the Mayor and should display

conspicuously a “NOT-FOR-HIRE” or “PRIVATE” sign at the front

and back portions of their sidecars.


Article D – General Administrative Provisions

Section 3.D.01. All fines shall be paid to the Municipal Treasurer within 24 hours

upon being cited for violation thereof.

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

fines to enable the apprehending officers to receive incentives thereof representing 10%

of the day’s collection.

Section 3.D.03. The remaining 90% thereof shall be credited as income of the

Local Government Unit per accounting and auditing rules and procedures.

Section 3.D.04. To observe and preserve public decency, there shall be a standard

uniform of blue t-shirt for jeepney drivers and their conductors, and red chalice for

motorcycle and tricycle drivers while operating and plying their routes within the

municipality of Balete.

Section 3.D.05. Ordinance Officers. The Balete Station PNP personnel and/or

the authorized Municipal Auxiliary Police of the Balete shall be designated as ordinance

officers to see to it that this ordinance is properly imposed.

Article E – Penal Provision

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

3.B.03, violators shall be cited with a ticket of Php. 100.00 for the first offense; Php.

200.00 for the second offense; and Php. 500.00 for every offense committed thereafter

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

Section 3.B.01, Section 3.B.02, Section 3.C.01, Section 3.C.02 and Section 3.C.03.

hereof the violators shall be fine of no less than One Hundred Pesos (P100.00) but not

more that Two Thousand Five Hundred Pesos (P2,500.00) or the imprisonment for a

period not exceeding six (6) months, or both such fine and imprisonment at the discretion

of the court.

CHAPTER IV

HEALTH AND SANITATION

Article A – Severe Acute Respiratory Syndrome Prevention Program

Section 4.A.01. Definition of terms – For purposes of this chapter, the terms hereunder

mentioned shall be defined as follows:


a.) SARS – Severe Acute Respiratory Syndrome also known as a typical pneumonia. It

is caused by a new form of corona virus, related to the virus which causes flu. A

confirmed case of SARS is one who has a fever of more than 38˚c, develops body

weakness, and respiratory signs and symptoms like cough, sore throat and shortness of

breath and had travel to SARS infected countries or had close contact with a confirmed

SARS victim. A suspected case is one who has lived with, cared for, or closely worked

with a confirmed case and who also develops cough, sore throat and shortness of breath.

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

epidemic disease.

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

Order 201 of the President, any individual who is identified or determined by the DOH of

the local health officials to be suffering from the symptoms of the SARS virus, shall be

required to undergo testing and be quarantined in either the San Lazaro Hospital in

Manila or the Research Institute for Tropical medicine in Muntinlupa or in such other

places/institutions that may be designated as quarantine areas by the DOH or the Local

Health Officials until such time that the DOH issues a SARS negative clearance.

All family members and/or other persons who have been in contact with the suspected

SARS victim shall be required to undergo home confinement or be quarantined in

places/institution as may be designated quarantine areas by the DOH or the Local Health

Authorities until such time that the DOH issues a SARS negative clearance.

While under quarantine, suspected SARS victim shall be prevented from making

personal contact with other individuals except the medical personnel treating them, until

a SARS negative clearance is issued for their discharge from quarantine.

For the effective implementation of this provisions, the Municipal Mayor may call on

the local PNP to ensure that the above persons shall remain in quarantine or in their area

of confinement until the necessary clearance is issued by the DOH.

Section 4.A.03. Other Preventive Measures Against the Spread of SARS – In order

to prevent the entry and spread of SARS in the community Municipal Mayor shall adopt

measures against the spread of SARS to include but not limited to the following.

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

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

The information drive may be in the form of fliers, leaflets, and other information

materials on SARS prevention for distribution to the public through the help of Barangay

Health Workers, and other officials and members of the Barangay, public and private

School Teachers, officials and members of the Sangguniang Kabataan, and members of

non-government organization in the area.


b. Mandatory requirement to all owner/proprietors/administrators of private

establishments, including private hospitals, to formulate their own safety measures to

protect their employees and the general public from the threat brought about by

SARS and inform the Municipal Government of their SARS prevention plan.

c. The conduct of clean-up drive in the barangays, regularly but not less than once a

week to include households, esteros. Rivers and riverbanks, drainage, streets, alleys

pathways and other public places. All Barangay officials shall be required to take the

lead in the massive clean-up operation in the barangays.

The Municipal Mayor may promulgate or issue such other rules and regulations

consistent with this Ordinance.

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

implementation of this article shall be taken from the funds of the Municipality, the

Calamity Fund of the Municipality may be utilized subject, however, subject to existing

guidelines prescribed under the rules and regulations and other issuances implementing

Republic Act No. 8185, governing the allocation and utilization of the local calamity

fund.

Section 4.A.05. Sanctions – Any persons who violate the requirements for home

confinement as provided for in the second paragraph of Section 4.A.02 hereof, shall be

subject to forced confinement in any of the quarantine areas designated by the DOH, until

the necessary clearance is issued by the latter.

Article B – Promotion of Iodized Salt

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

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

municipality.

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

mean:

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

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

everyday.

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

lack of iodine in the diet which leads to the reduction of intellectual and physical

capacity affecting everyone who is iodine-deficient and may manifest as goiter,

mental retardation, physical and mental defects, and creatinism.

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

the natural state.


d. Salt Iodization – the addition of iodine to salt intended for human or animal

consumption in accordance with specifications as to form, fortificant, method,

manner and composition as may be prescribed by the BFAD.

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

industrial salt.

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

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

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

micronutrient malnutrition in the municipality, particularly iodine deficiency disorders by

requiring food fortification by the use of iodized salt by all food establishments in the

municipality thereby protecting and promoting the health of the people.

Section 4.B.04. Applicability. This ordinance shall apply to all food establishments,

outlets, restaurants, carinderia, bakeries, catering firm, refreshments parlor, canteens or

store where food is being served or sold.

“All food manufacturers, meat and/or fish processors using food grade salt are

required to use iodized salt in the processing of their products.

“All food establishments, restaurants, vendors and stores are hereby required to

make available to customers only iodized salt.

Section 4.B.05. Monitoring. The Municipal Health Officer or its duly authorized

representatives are required to monitor and check all food establishments in the

compliance of this ordinance as well as the quality of food-grade salt being sold in the

market.

Section 4.B.06. Public Information. The benefits and rationale of the use of

iodized salt shall be adequately promoted and disseminated through the DOH as lead in

cooperation and coordination with DepEd, Barangay Councils, etc.

Section 4.B.07. Penalty Clause. Any person, whether natural or juridical, who

violates any of the provisions of this article shall be punished with a fine of not less than

One Thousand Pesos (P1,000.00); provided however, that if the violation is committed by

an officer, director or member of a business and a juridical entity acting beyond the scope

of his authority, such officer, director or member responsible therefore shall be personally

liable for the fine; provided further, that such violator shall suffer a revocation of its

business permit and/or a ban of its product from the market; provided finally, that the

imposed and collected fines shall be remitted to the Bureau of Foods and Drugs for its

use in the implementation of the ASIN Law.


Article C – Safeguarding of Foodstuff

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

manufacturing of food or foodstuffs are hereby required to provide covers, wrappers,

screens or any devices to safeguard their products from any possible contamination.

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

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

for the alteration of the quality of any raw material or manufacture or partially

manufactured products so as to reduce it to marketable shape or prepare it for the purpose

of its sale or distribution to other and not for the manufacturer’s own consumption.

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

of livelihood or with a view to profit.

“Cover” a sanitized accessory that can be used to protect or spread over the

products so as to expose it to the elements.

“Wrapper” a sanitize veil, plastic or paper that can be used to wrap around to

handle food such as banana-cue, barbecue, bitso-bitso, casaba fudge, hotcake, etc.

“Screen” any of the fabricated devices made of plastic or wire that can be fitted

to protect viands from insects.

“Any device” includes any fabricated accessories that can be used to safeguard the

commodities from possible contamination.

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

authorized representatives are required to monitor and check all food establishments in

the compliance of this article.

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

not less than Fifty (P50.00) pesos, but not exceeding One Hundred (P100.00) pesos, or an

imprisonment of not less than ten (10) days, but not exceeding One (1) month, or both at

the discretion of the court.

Article D – Mandatory Annual Sputum and Stool Examination

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

working in an establishment, the nature of which engages her/him to have direct contact

with clients/customers is hereby required to undergo sputum and stool examinations once

a year.


b. Operators of establishment shall be required to disclose the number of their

employees and shall see to it that they possess the necessary Medical Certificates

before allowing to work.

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

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

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

undertaking.

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

keep a record of physical and other health examinations conducted and the copies of the

medical certificate issued, including the names of individuals, the dates and the purposes

for which the examinations were made.

Section 4.D.04. Penalty. Violators of any of the provisions of this article shall be

punished for the first offense by a fine of Fifty (P50.00) Pesos; One Hundred (P100.00)

Pesos for the second offense; and the revocation of medical certificate for the third

offense.

Article E – Cleanliness in Public Places

Prefatory statement. The Environment Code of the Municipality (Ord. No. 005-

2005) ordains comprehensive provisions on Solid Waste Management. The herein

provisions sought to complement what are already mandated in the said Environment

Code.

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

this municipality.

Section 4.E.02. Definition of Terms. For purposes of this article the terms used

herein shall refer to the following or shall have the following meaning:

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

b. Littering-the act of scattering or throwing garbage outside receptacles;

c. Public Plaza- shall refer to places generally used by the public such as streets,

plaza, environs of public buildings and schools.

d. Inland bodies of Water-shall refer to rivers, creeks and streams generally used for

public navigation, washing and hygiene.

e. Receptacles- refer to boxes made of any materials where garbage is placed by the

public.

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

and its immediate environs to include Sitio Bantayan and Naspasan shall place their

garbage in garbage plastic bags or sacks and deposit them in receptacles that maybe

provided for collection by the garbage disposal team of the municipality. Household


outside these areas referred to above shall either dig a garbage pit or a common pit for

their garbage.

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

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

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

Sitio Mapait shall maintain individual septic tanks or pit privy whichever is

affordable and in no case shall its effluent be drained or discharged onto the ground

surface or towards the river or body of water. Likewise pigsties shall be prohibited

within the poblacion and other declared residential areas and the banks of rivers,

creeks and streams.

Section 4.E.04. Penal Provision. Any person violating this ordinance shall be meted the

following fines:

First Offense P100.00

Second Offense P150.00

Third Offense P300.00 and/or an imprisonment of no less than one day

and not more than three (3) days or both upon the discretion of the courts.

Article F – Regulations on Stray Animals

Section 4.F.01. Regulated Acts. For sanitary reasons, straying of Hogs, swine

and pets inside the Public market, the Municipal Plaza and other public places is

prohibited;

Section 4.F.02. General Provisions. a. Any stray hogs, swine and pets found

inside the Market Public Plaza shall be confiscated and brought to the Municipal

Impounding Center for proper disposition;

b. Confiscated hogs, swine and pets not claimed within Thirty Six (36) hours shall

be forfeited and sold at public auction, the proceeds of which shall inure to the Municipal

Government;

Section 4.F.03. Penal Provision. Owners of stray animals thus confiscated shall

for the first offense, be finished Twenty Pesos (P20.00), Fifty Pesos (P50.00) for the

second offense with a stern warning that if their animals be caught for the third time, the

same shall be forfeited in favor of the Municipal Government.

Article G – Mandatory Sanitary Toilet for Every Household

Section 4.G.01. All house owners or occupants therein within the Municipality of

Balete are obliged to provide themselves with Sanitary Latrine or other system duly

approved by the Sanitary Inspector.


Section 4.G.02. Failure to comply with the above ordinance is penalized with the

fine of P200.00 and not more than P1,000.00 and imprisonment of not less than 20 and

not more than 30 days or both under the discretion of the court.

Article H – Support to PhilHealth Program

Section 4.H.01. Regulated Acts. This chapter covers the enabling ordinance

adopting, supporting and implementing in this municipality the National Health

Insurance Program (NHIP) and its governing rules as set forth in R.A. 7875, as amended

by R.A. 9241, and its revised implementing rules and regulations (Ord. No. 08-2006).

Section 4.H.02. Authority and Purpose. As provided for in Article II, Section

15 of the Philippine Constitution which declares that the “State shall protect and promote

the right to health of the people and to instill health consciousness among them,” and

Article XIII, Section 11 further states that the State shall adopt an integrated and

comprehensive approach to health development which shall endeavor to make essential

goods, health, and other social services available to all the people at affordable cost.

There shall be priority for the needs of the underprivileged, sick, elderly, disabled,

women and children.

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

government is mandated to adopt and/or continue its support to the NHIP and its

governing rules and regulations as set forth in R.A. 7875, as amended by RA 9241, and

its Revised Implementing Rules and Regulations. Such support shall include active

advocacy for NHIP participation by private and non-government organizations within its

territorial jurisdictions, mandating compliance to NHIP rules by entities required to

obtain LGU permits/licenses, and the setting up of revolving funds for medicines in

owned or managed hospitals, as may be warranted under existing rules/guidelines or

similar future arrangements and/or NHIP issuance;

b. Grant of authority to the Mayor to enter into any favorable modification of the

MOA with the PhilHealth relative to the implementation of NHIP in the municipality;

and

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

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

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

Budget Office and the Office of the Municipal Treasurer are hereby mandated to enforce

this ordinance.


Article K – PhilHealth Capitation Fund

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

created from the proceeds of the outpatient consultation and diagnostic benefit package to

be provided by the Philippine Health Insurance Corporation (PhilHealth) for qualified

indigent families of the Municipality of Balete, Aklan under the indigent sector

component of the NHIP (Ord. No. 09-2006).

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

disposition of the PhilHealth Capitation Fund shall be governed by the following rules:

a. The capitation amount shall be released on a quarterly basis by the

Corporation under the following conditions:

a.1. Initial release shall be subject to prior accreditation of the

municipality-owned and managed Rural Health Unit and the payment

of premium contribution by the Municipality; and

a.2. Succeeding release of quarterly capitation shall be subject to the

submission of required monitoring/evaluation reports as provided for

under the Implementing Guidelines of the Outpatient Consultation and

Diagnostic Package and prior payment of premiums.

b. The disposition of the PCF shall be governed by the following rules:

b.1. The disbursement and liquidation of the PCF shall be in accordance

with pertinent government accounting and auditing rules and

regulations;

b.2. A separate book of accounts shall be maintained by the local

government unit; and

b.3. The capitation fund shall be used only for the specified purposes

stipulated in the Outpatient Consultation and Diagnostic Package

Guidelines.

c. The PhilHealth may withhold the release of the subsequent quarterly PCFs

due to any of the following:

c.1. Delay or non-payment of premium contribution;

c.2. Violation of government accounting and auditing rules and

regulations on the disbursement and liquidation of the PCF; and

c.3. Non-submission of the required reports under item a.2. hereof.

CHAPTER V

CULTURE, IDENTITY, HERITAGE AND EDUCATION

Article A – The Municipal Seal of Balete

Section 5.A.01. Regulated Acts. The Municipal Seal of the Municipality of Balete,

Aklan is hereby revised.


Section 5.A.02. General Provision. The new design of the Municipal Seal be

rendered as shown hereunder and shall bear the following features:

a. The Balete Tree;

b. The Jal-o River;

c. A vast ricefield;

d. The Agtawagon Hill;

e. 10 Rays;

f. A batch of pineapple; and

g. The Label: Municipality of Balete, Aklan

Section 5.A.03. Symbolism and Interpretation. The Official Seal of Balete shall be

interpreted in the context of the vision-mission statement of the Municipality of Balete

encompassing its social, political, economic, cultural, spiritual and environmental

dimensions. The features therein thus shall be taken in the following manner:

a. A meandering Jal-o River flows into the heart of a vast field, to symbolize the

historicity for which every Baleten-on takes an active part;

b. On the foreground are batches of pineapple (red Spanish variety) which

encapsulate the tradition as well as the future of the Baleten-on community;

c. As in the old municipal seal, the Agtawagon Hill stands as its backdrop and is

met on the horizon by a vast ricefield cut by a winding body of water. They

represent the topography and the resources of our town. It also connotes the

ways of life of our people.

d. Amid the fields rises the Balete Tree, sturdy and reaching out into the sky. It

epitomizes everything that is Baleten-on; its roots penetrating deeply into the

earth, its shade sheltering us from the elements, its lush leaves nurturing our

hopes and dreams for a better Balete than yesterdays. It is our source of

identity.

e. The rays behind the Hill represent the ten constituent barangays of Balete and

the history of its people which ought to be presented into the light for all to

apprehend.

f. The label which read “Municipality of Balete, Aklan” enveloping these

representations asserts the Baleten-on identity while it reaffirms the

commitment and the role of the Baleten-on community as part of the Aklan

province in its quest of approximating its vision and mission for the Aklanon

people.


Article B – Proper Names of Public Institutions

Section 5.B.01. Regulated Acts. The public institutions hereunder referred to and

identified shall bear the following official names:

a. The Mayor Bernardo J. Rodriguez, Sr. Memorial Hall is hereby renamed into

“Balete Community College – Mayor Bernardo J. Rodriguez, Sr. Building.”

b. The Municipal Library shall be henceforth named as “BCC Public Library.”

c. The 6th

Municipal Circuit Trial Court (Altavas-Balete) in the Municipality of

Balete, Aklan is shall be known as “Salvador F. Calizo Hall of Justice.”

d. The Balete Association International Laboratory behind the Rural Health

Center is hereby renamed into “Mike O. Calizo Laboratory.”

e. The access roads connecting Sitio Anao and Sitio Sumaeague, all of Barangay

Aranas, Balete, Aklan, to the National Highway are hereby named “Miguel

Calizo Barangay Road” and “Adriano Calizo Barangay Road” respectively.

f. The renovated and improved sports complex located at the Municipality of

Balete is hereby named as the “Mayor Teodoro F. Calizo, Sr., Memorial Civic

Center.”

Article C – Scholarship Program

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

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

(TFCMSP).

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

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

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

deserving individuals through Scholarship grants, but in no case the number of grantees

exceeds Five Students per year.

c. The grantees shall be enrolled only in any public schools/state

colleges/universities within the Province of Aklan after meeting the requirements set by

the committee on culture and education of the sangguniang bayan of Balete; provided

that previous grantees shall continue their studies in the school/college/university where

they were initially enrolled.

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

Program. These Rules are promulgated to prescribe the procedures and guidelines for

the implementation of the Scholarship Ordinance of the Municipality of Balete, Aklan in

order to facilitate compliance therewith and achieve the objectives thereof.

Section 5.C.04. Scope of Application. These Rules shall apply to the following:

a. All students enjoying the scholarship grant of the Municipality;


b. All applicants to the said scholarship grant; and

c. Involved personnel.

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

school graduate, male or female who meets the following requirements may apply:

a. Must be a Filipino citizen and a resident of Balete;

b. Must have a general average of at least 85% (high school);

c. The income of the Family of the beneficiary must not exceed the amount of

P50,000.00 per annum; and

d. Must have a good moral record.

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

parties must submit their written applications to the Office of the Mayor on or before the

month of April of each year together with the following:

a. application letter;

b. a photo copy of his/her DECS Form 138 (Report Card)

c. Certificate of good moral character signed by the principal of the last school

attended;

d. Certificate of Tax Exemption from the BIR:

e. Certificate from the Punong Barangay;

f. Bio-data; and

g. One copy of 2”x 2” photo.

Section 5.C.07. Testing and Screening of Applicants. The testing and screening

of applicants shall be administered by the Archbishop Gabriel M. Reyes Memorial

Foundation or any NGO’s not directly associated with the Local Government. The

screening shall be done within the Month of May of each year at the Sangguniang Bayan

session hall of Balete, Aklan.

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

grantees shall be as follows;

Scholastics - - - 40%

Aptitude - - - 25%

Values - - - 20%

Command of Language - 15%

100%

The top five among the applicants shall automatically be considered as

beneficiaries of the Scholarship grant and shall enjoy the same privileges granted to other

recipients of the scholarship grant of the Municipality.

Section 5.C.09. Privileges. The scholarship grantee shall enjoy the following

privileges:

a. Tuition Fees

b. Miscellaneous Fee (i.e., Entrance Fee)


Section 5.C.10. Limitation. The grant shall only be extended to a student

enrolled in any public schools, colleges or universities within the Province of Aklan;

provided further that he/she enrolls in any course other than those whose Tuition fees

exceed P3,000.00/semester.

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

enjoy the privileges consequent to his/her being a scholar provided that he/she:

a. maintain a general average of 80% (2.50) and should not have a final grade in

any subject lower than 75% (3.00)

b. refrains from participating in any subversive activity;

c. abstains from any criminal activity; and

d. Desists from committing any obscene/indecent act that causes serious damage

to his/her honor and dignity as a person as will as to the name and honor of the

Municipality.

Section 5.C.12. Enrollment. The Office of the Municipal Treasurer with the

assistance of the Committee on Culture and Education of the Sangguniang Bayan shall be

responsible for the enrollment and the payment of tuition fees of the scholars. It shall

likewise be the task of the said committee to determine the qualifications of the scholars

for re-enrollment.

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

Culture shall set time for a meeting of beneficiaries before the start and the end of every

semester. The said meeting should be conducted to promote a spirit of camaraderie

among the scholars themselves as well as to plan out how they could be of better service

to their community.

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

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

Government.

Article D – Mandatory Pre-Marriage Counseling

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

counseling on responsible parenthood, family planning and nutrition to all parties

securing marriage license in this municipality.

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

constituted by the municipal mayor shall be authorized to conduct such counseling and

therewith issue Certificate of Attendance.

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

Population Office, the Municipal Health Office, the Office of the Municipal Agriculturist

and the Municipal Social Welfare and Development Office.


c. No marriage license shall be issued to any contracting party without showing

proof of having undergone such pre-marriage counseling by the said PMC team.

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

Section 5.E.01. The Municipal Culture and Arts Council of the Municipality.

The MCAC is hereby created and constituted as follows:

a. Chairman: Local Chief Executive

b. Members:

b.1. A representative of the Municipal Tourism Council;

b.2. Chairman, SB Committee on Education and Culture;

b.3. MPDC;

b.4. Municipal Information Officer;

b.5. Municipal Budget Officer; and

b.6. Two (2) representatives from the Civil Society Organization.

Section 5.E.02. Function. The Municipal Culture and Arts Council shall

endeavor to promote the Filipino Culture, instill nationhood and cultural unity and raise

the level of consciousness of the people on cultural values, conservation of historical and

cultural heritage and resources, and shall

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

Medium Term Philippine Development Plan for Culture and the Arts,

to be integrated in the local development plan

b. Formulate programs and recommendations to develop local cultural

and artistic talents

c. Ensure the protection, preservation and conservation of the local

cultural and historical heritage

d. In coordination with the private sector, conduct cultural events such as

cultural festivals; set up exhibits during fiestas and other related

activities.

e. Conduct periodic consultations with all stakeholders to identify

grassroots-based cultural concerns; issues and agenda

f. Encourage the development of local cultural industries

g. Conduct periodic inventory of local cultural objects and sites in

coordination with the National Commission for Culture and the Arts

h. Coordinate with existing Local Culture and the Arts Councils.

Section 5.E.03. Term of Office. The members of this council shall serve co

terminus with the term of the Local Chief Executive.


CHAPTER VI

FINAL PROVISIONS

Article A – General Penal Provisions

Section 6.A.01. Penalty. Any violation of the provisions of this Code not herein

otherwise covered by a specific penalty, or of the rules and regulations promulgated

under the authority of this Code, shall be punished by a fine of not less than Two

Hundred Pesos (P200.00) and not more than Two Thousand Pesos (P2,000.00) and/or

imprisonment of not exceeding fifteen (15) days, or both fine and imprisonment, at the

discretion of the Court.

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

Manager, or any person entrusted with the administration thereof at the time of the

commission of the violation shall be held responsible or liable therefore.

Article B – Participation in Voluntary Community Service Program

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

appropriate proceedings are filed in court and within seventy-two hours (72) from the

time of his/her apprehension, the apprehended party may opt to volunteer and participate

in the Voluntary Community Service Program [VCSP] of this municipality. The Office of

the Mayor shall conceptualize and package the said program for adoption by the

Sangguniang Bayan and manage and supervise its implementation.

The VCSP shall be guided by the following basic policies and principles:

1. It shall respect human rights and the activities therein shall be designed to teach

values such as responsibility towards the community, among others.

2. The activities of the program shall not be demeaning to volunteers and they

shall not be made to wear anything that would mark them as an offender.

3. The program shall take into consideration the expertise of volunteers and assign

them to activities that best suit their expertise, if practical and workable.

4. The areas of activities where the volunteers may participate could be in social

services, value formation, environmental management, gender and development,

peace and order, engineering, health services, agriculture and such other priorities of

the local government where the volunteer’s expertise could be put to good use.

5. The program shall devise a scheme for determining the number of hours of

community service, for example:

In Terms of Fines:

a) For a fine of P100.00 or less - 2 hours community service

b) For a fine of P101.00 to P200.00 - 3 hours community service

c) For each succeeding P200.00 fine

or a fraction thereof thereafter - 2 hours community service

In Terms of Imprisonment:

a) For 2 days or less of imprisonment - 8 hours community service

b) For each 2 days of imprisonment -


or a fraction thereof - 4 hours community service

6. After a volunteer has rendered in full his/her community service, he/she shall

be entitled to a certificate of appreciation for the services rendered to this

municipality and its constituents.

7. The program may also accept all other volunteers who just wish to serve their

community in one way or the other.

8. The program shall make provisions for minors who may be required or may

also volunteer to render community service.

9. The VCSP shall not be applicable to the payment of taxes, fees and charges

imposed under the Revenue Code and other ordinances of this municipality.

Article C – Implementing Rules and Regulations

Section 6.C.01. Implementing Rules and Regulations. The Office of the Mayor may

issue rules and regulations for the proper implementation of this Code.

Article D – Separability, Applicability, Repealing and Effectivity Clauses

Section 6.D.01. Separability Clause. If, for any reason, any provision, section or

part of this Code is declared not valid by a Court of competent jurisdiction or suspended

or revoked by the authorities concerned, such judgment shall not affect or impair the

remaining provisions, sections or parts which shall continue to be in force and effect.

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

impositions or regulations provided in this Code shall be governed by the pertinent

provisions of existing laws and other ordinances.

Section 6D.03. Repealing Clause. All ordinances, rules and regulations or parts

thereof, in conflict with, or inconsistent with any provisions of this Code are hereby

repealed or modified accordingly.

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

CONCURRING:

SYLVIA V YASA INOCENTES F. BANTIGUE, JR.

SB Member SB Member

CRISPINO P. BELTRAN, JR. APOLINAR C. CLEOPE

SB Member SB Member


PATRICK F. LACHICA CIRIACO T. FELICIANO

SB Member SB Member

PETER C. RECIDORO JOSELITO C. DELOS REYES

SB Member SB Member

ROBERTO A. CUARE JHON MEL KESTER M. REBENITO

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

Federation

DISSENTING: None

ABSTAINED: None

CERTIFIED TO BE DULY ENACTED during the 70th

Regular Session

of the Sangguniang Bayan (for the period 2010-2013) held on Thursday,

November 17, 2011 at the Session Hall.

ROMAN R. VILLARUEL

Vice Mayor/Presiding Officer

ATTESTED:

AL F. DE LA CRUZ

Secretary to the Sanggunian

APPROVED:

TEODORO V. CALIZO, JR.

Municipal Mayor

Date of Approval: _______________

code of general ordinances of balete, aklan

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