municipal ordinance no -...

Republic of the Philippines

Province of Zamboanga del Sur

Municipality of Tukuran

OFFICE OF THE MUNICIPAL SECRETARY

MUNICIPAL ORDINANCE NO. 15-05-2K8

AN ORDINANCE ADOPTING THE CODE OF ECONOMIC ENTERPRISES OF TUKURAN

BE IT ORDAINED by the Sangguniang Bayan of Tukuran, Zambonga del Sur

Assembled and constituting quorum to promulgate the following ordinance.

CHAPTER 1 – SCOPE AND DEFINITION OF TERMS

ARTICLE A – TITLE, COVERAGE AND STATEMENT OF POLICY

Section 1A.01 Title – This ordinance shall be known and referred to as the

“Code of Economic Enterprises of Tukuran”. Section 1A.02 Coverage – This Code of Economic Enterprises of Tukuran

shall cover the economic enterprises operated and managed by the Municipal

Government, such as: the PUBLIC MARKET situated at Sto. Nino, this Municipality; FISHPORT situated at San Carlos, this Municipality; the LGU BEACH RESORT AND CONVENTION CENTER situated at Lower Bayao, this Municipality, The

SLAUGHTERHOUSE situated at Militar, this Municipality, and the PUBLIC CEMETERY situated at Camanga, this Municipality, including the night market and other economic

enterprises that maybe created by the Sanggunian through an ordinance. Section 1A.03 Policy Statement – It is the policy of the Municipal

Government of TUKURAN to be self-reliant, and self sustaining through engaging in a

viable and stable economic enterprise that provide a wide range of opportunities that will uplift the socio-economic well-being of its constituents, improve fiscal

management and enhance good governance. Section 1A.04. Mission. To provide quality and good services in alliance and

partnership with business sector, academe, and civil society groups.

(Continued in the next page.) APPROVED BY:

BONIFACIO C. VEGA, JR.

Municipal Mayor




OFFICE OF THE MUNICIPAL SECRETARY (Continuation… Page

(Mun. Ord. No. 15-05-2k8 – Economic Enterprise Code of Tukuran) 2)

Section 1A.05. Vision. It is envisioned to exceed customer and

stakehoilder’s expectations through a competitive public economic enterprise that promoted self-sufficiency and sustainability under a management of corporate culture

and professionalism. Section 1A.06. Goal. Generate additional revenue for the Local Government

Unit of Tukuran, Zamboanga del Sur through efficient and effective management of

Municipal Economic Enterprise and Development Office (MEEDO).

Article B. Rules Of Construction

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

code but 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 otherwise inconsistent with the manifest intent of the provisions or when applied they would be read to absurd of 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 in this code importing the masculine gender 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.

(B) 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 to 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 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.



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(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 Chapter

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 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 of

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 Heading. The Chapter, Article and Section

headings do not in any manner affect the scope, meaning or intent of the provisions contained in this code.



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

which are substantially the same as that of previous or existing ordinances

particularly when dealing with the same subject matter shall be construed as “restatements” and not as a new enactments.

ARTICLE B – DEFINITION OF TERMS AND ACRONYMS

Section 1B.01 Definition Of Terms:

1. Ante – Mortem Inspection – The services in examining the animals prior

to slaughter to select for food animals those which are adequately rested and are apparently free from diseases or abnormal conditions, to isolate for

further examination diseased, suspected abnormal animals to prevent contamination of personnel, premises and equipment by an animal suffering

from a disease which is communicable, and to gather information for post-mortem inspection, diagnosis and judgment of carcass and offals.

2. Berthing Fee – the amount charged to any vessel of 3 gross tons or more that stays or berths in the area of jurisdiction of the port. The fee is collected

from the boat owner/operators on a per-day basis at a rate defending on the gross tonnage (GRT) of the vessel.

3. Brand – Any mark or stamp approved by the controlling authority and includes also any tag to label bearing such mark or stamp. A meat branding

gadget may be used for the purpose.

4. Block – shall refer to the 20-square Meter Business space in the New Public Market.

5. Block/Staff/Space Land Rental – Refer to the amount of rentals provided in this Ordinance.

6. Bone Niches – shall refer to the concrete spaces to accommodate human

bones and skulls of cadaver having been dead. (Continued in the next page.) APPROVED BY:


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7. Broker – Any participating person/individual involve in auction of fish at the

fishport premises.

8. Burial Ground – shall refer to the part of the new municipal cemetery intended for ground burial.

9. Burial Permit – shall refer to the permit issued by the Municipal Mayor after

all fees and dues are paid to the Municipal Government.

10. Cadaver Niches – shall refer to the concrete spaces intended to

accommodate burials.

11. Carcass – The body of any slaughtered animal after bleeding and dressing.

12. Cottages – This refers to a semi-permanent structure built inside the LGU

Beach Compound where beachgoers can stay overnight.

13. Cemetery Caretaker – shall refer to the personnel from the Office of the Municipal Treasurer assigned in the cemetery to take charge of the

management thereof. 14. Chiller – Is an equipment use to lower the temperature of the carcass so as

to delay the reproduction of bacteria and to prolong its freshness.

15. Certificate of Ownership Fee – Refers to the fee imposed as payment for the proof of ownership of livestock, inclusive of the service charge, also referred to as “credential fee”.

16. Commercial Fishermen – Refer to any fishermen who are engage in fishing

through the use of the fishing outfits not smaller than ice box fishing boat locally known as “Icebakan”.

17. Corral Pen – Refers to the area where unsold livestock and poultry products

are temporary kept for safekeeping at the close of market day.

18. Cultural/Halal Products – Goods of any kind which are culturally and

religiously acceptable to Muslim communities.

19. Dried Fish – Shall refer to any marine products which is preserved by salt and dried by the heat of the sun for human consumption.



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20. Downer – Refers to a crippled or weakened animal unable to stand or

showing abnormal locomotion

21. Dressing –

a) In relation to slaughtered animals except for pigs, sheeps and lambs, goats and kids – means the removal of head, hide or skin, viscera (including or not including kidneys), genital organs, urinary bladder, udders in the case

of lactating animals, animals that have calved or are in advanced pregnancy;

b) In relation to slaughtered pigs – means the removal of hair and bristles or

skin, claws, eyelids, viscera (including or not including kidneys) genital organs, urinary bladder, udders in the case of lactating animals, animals that have far rowed or are in advanced pregnancy, and the external

acoustic duct unless in respect of that part an alternative effective form of cleaning is carried out;

c) In relation to sheeps and lambs, goats and kids- means the removal of the

head, except in the case of young lambs and young kids, the pelt of skin viscera (including or not including the kidneys), genital organs, urinary bladder and feel up to the carpal and tarsal joints, and udders or lactating

animals, animals that have lambed or are in advanced pregnancy; and

d) In relation to cattle, pigs and solipeds, includes where necessary splitting of the carcass. To split means the dividing of the carcass length wise on the medial line.

22. Display Area – Refers to the premises where farmers and traders display

their goods/products/commodities for sale during market day.

23. Dock or to dock – Shall refer to the act of landing. 24. Economic Enterprises – In this Code referred to as the Enterprises. These

are the income generating facilities, activities and services operated and managed by the city as those enumerated in section 2 of this code, which are

not only contributing revenues/income to the City/Municipality but also provide services to the people.



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25. Economic Enterprises Regulatory Board – In this ordinance, referred to

as the “Board” which act as the advisory and regulatory body governing the operation and management of the economic enterprises of the Municipality.

26. Fish Port Entrance Fee – Fee collected from owners of overland vehicle entering the fish port premises.

27. Fish Port Market Fee – The fee collected from the fish broker/fish

producer/supplier who trades fish at the market hall within the fish port

premises.

28. Fishermen – Shall refer to any person, whatever natural or judicial, whose business and/or means of livelihood is fully or partly fishing.

29. Fit for Human Consumption – Means, in relation to meat, an article which

has been passed and appropriately branded by a slaughterhouse inspector

and in which no changes due to disease, decomposition or contamination have subsequently been found.

30. Food Animals – Include all domestic livestock killed for human consumption,

such as cattle, carabao, buffalo, horse, sheep, goat, hog, deer, rabbit, and poultry (chicken, duck, geese, turkey and pigeon).

31. Foreign Tourism – Shall refer to any foreign national who seeks to relax, enjoy, pass the time and picnic with any of the accredited beaches within the

Eco-tourism Zone or visits any point of attraction within the said zone and/or sanctuary.

32. Fuel Conveyance Fee – The fee collected from any person selling fuel within the fishing port premises.

33. Function/Convention Hall – This refers to an open structure inside the

LGU Beach Compound that caters specials events and other events for a fee. 34. Holding Pen – Is a corral used for the lair age of food animals prior to

slaughter.

35. Hot Meat – Refers to meat from food animal and poultry clandestinely slaughtered and sold to the public.



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36. Ice Conveyance Fee – The fee collected from any person selling ice inside

fishing port premises.

37. Inspected and Condemned – Signifies that the carcasses or parts of carcasses so marked are unsound, unhealthy, unwholesome or otherwise

unfit for human food that can be rendered into animal feed shall be dyed (food-grade blue color) and cooked or rendered, while those unfit for both human and animal consumption shall be denatured with strong chemical

disinfectants prior to final disposition.

38. Inspection Fee – Refers to the fee imposed for inspecting/ grading the livestock of poultry products.

39. Inspected and Passed – Signifies that carcasses or parts of carcasses so

marked have been inspected and passed in accordance with the regulations,

and at the time they were inspected passed and so marked they were found to be sound, healthful, wholesome and fit for human consumption.

40. Itinerant vendors and Peddlers – shall refer to those who do not have

permanent place or establishment in the trading and/or sale of goods, merchandise, agricultural and marine products but used to transfer from one place to another.

41. Lease Contract – Shall refer to the contract between the LGU and the lessee

of wet market stall/s in a term of not more than 1 year, which shall be deemed expired on the last day of December following its execution.

42. Lessees – Shall refer to those who are duly permitted to occupy on lease wet market tables on a lease contract.

43. Lessor – Shall refer to the Local Government Unit of Tukuran, Zamboanga

del Sur.

44. Market Day or “Tabo” – Shall mean Thursdays and Sundays or any say as

maybe determined by the Sangguniang Bayan.

45. Meat Handling – Includes slaughter, preparation, inspection, cutting, chilling, transporting of meat.



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46. Motorized Fishing Boat – Shall refer to all boats, vessel and sea crafts

which are driven propelled or powered by any motorized electronic or battery operated engine, turbine or the like.

47. New Public Market – Shall refer to the newly constructed Public Market

located at Purok Rizal, Sto. Niño, Tukuran, Zamboanga del Sur.

48. Non-motorized Fishing Boat – Shall refer to all boats or vessels, which are

rowed, sailed or paddled by means of human strength, wind, wave or other natural resources.

49. Non-Resident Cadaver – Shall refer to the cadaver of person who is not

qualified in the preceding provision. 50. Occupant – Refers to the qualified and bona fide stall holder equipped with

all the necessary permit licenses.

51. Old Occupants – Shall refer to those who rented the old spaces/blocks and/or stalls on the same Market site where the new Public Market is

constructed.

52. Open Cottages – This refers to a semi-permanent structure built outside the

LGU Beach Compound.

53. Offal – The by-products, organs, glands and tissue other than the meat of the food animal. Such offals, in relation to slaughtered animals may or may not be edible.

54. Other Fees – Shall refer to other related regulatory fees under existing

ordinances on the use of the MPA.

55. Post Abattoir Inspection – Refers to the inspection of the meat and offals as they are prepared and transported from the slaughterhouse to the markets.

56. Post Mortem Inspection – The services in examining the animals after

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



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57. Regulatory Fees – Shall refer to the fees as provided in the Municipal Tax

Code, as amended, which are being collected in order to defray and sustain the operation of the slaughterhouse.

58. Rentals – Shall refer to the fees that the LGU shall collect from identified

operators of regulated structures that may be placed or installed within the recreational zone.

59. Residents Cadaver – Shall refer to the cadaver of persons who are actually residing in Tukuran, Zamboanga del Sur by having dwelled therein for at least

six (6) months, before his death as verified by the Office of the Municipal Treasurer or its authorized representatives.

60. Scale House – Refers to the area where livestock and poultry products are

brought for weighing.

61. Slaughterhouse – Shall refer to the building and facilitates where live-

stocks are butchered and cleaned for public or home consumption upon payment of the required regulatory fees therefore.

62. Small Fishermen – Shall refer to any fishermen using fishing outfits smaller

than Ice Box Fishing Boat locally known as “Icebakan”. 63. Stockyard – Is a pen where animals are collected, taken care of and

inspected prior to slaughter. 64. Suspect – Means an animal suspected of being affected with a disease or

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

65. Tabo – The designated day of free market day for buying and selling of

goods/products. 66. Transient Vendor – Transient vendor refers to a vendor who comes from

outside the City/Municipality to avail of the opportunity to sell goods/products.

67. Transfer of Ownership Fee – Refers to the fee imposed for the transfer of ownership of livestock from one person to another inclusive of the service

charge. (Continued in the next page.) APPROVED BY:


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68. Transshipment Fee – the fee collected from the fish producer/supplier who

transports fish outside the fish port and/or to the trader/viajero buying fish direct from fish producer to be transported outside the locality. This is also

on a per kilogram basis or the port supervisor may determine as.

69. Use – Shall refer to all human activities either for pleasure, sports or otherwise which do not directly or indirectly cause the destruction of the MPAs.

70. Unloading Fee – The fee collected from fish producer/supplier who unloads

fish at the fish port for auction or sale on a per kilogram basis, or as maybe determined by the port supervisor.

71. Verification Fee – Refers to the fee imposed as payment of livestock

brought to the City/Municipality from other points of origin outside the

City/Municipality.

72. Weighing Fee – Refers to the fee imposed for weighing the livestock or poultry products.

73. Wet Market Tables – Shall refer to the concrete and/or tiled tables in the

fish and meat sections of the wet market of Tukuran, Zamboanga del Sur

74. Wharf age Fee – The fee collected from owners of cargoes and commodities

which are docked and loaded at the fish port.

Section 1B.02 Definition Of Acronyms

1. MPM – Municipal Public Market 2. MFP – Municipal Fish Port

3. MPC – Municipal Public Cemetery 4. LGU-BRCC – Local Government Unit Beach Resort and Convention Center 5. MSH – Municipal Slaughter House

6. MEEDO – Municipal Economic Enterprise Development Office 7. MEERB – Municipal Economic Enterprise Regulatory Board

8. MEEM – Municipal Economic Enterprise Manager 9. ASD – Administrative Support Division

10. OSD – Operation and Support Division



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CHAPTER 2 – ORGANIZATIONAL MANAGEMENT

ARTICLE A – MANAGEMENT AND FUNCTIONS

Section 2A.01 Economic Enterprises Regulatory Board. There shall be

hereby constituted an Economic Enterprises Regulatory Board who is on top of the

Economic Enterprises Organizational structure with the following composition, functions, schedule of meetings, and honorarium.

Section 2A.02. Composition Of The Board.

1. Composition of the Board.

Chairman - Municipal Mayor

Vice Chairman - SB, Chairman – Committee on Economic Enterprises/Market

Members - SB, Chairman – Committee on

Finance, Budget & Appropriation - SB, Chairman – Committee on Environment and Natural Resources

- Municipal Administrator - Municipal Legal Officer

- Municipal Treasurer - Municipal Budget Officer

- Municipal Accountant - Municipal Engineer - Two (2) NGO Representatives (one from

accredited Stallholders/vendors organization

of the Economic Enterprises and one from consumer’s group or association)

Section 2A.03. Selection of NGO Representatives. There shall be one

(1) Representative from each of the two (2) accredited NGO by the Sangguniang Bayan which shall be chosen based on the following criteria:



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a. He/She must be duly authorized representative of the

organization accredited by the Municipality which is relevant to the operations of the economic enterprises and those from

an accredited consumers’ group association. The organization shall refer to the existing associations of

stallholders/vendors in any of the economic enterprises of the Municipality as enumerated under Section 2 of this code.

b. The board shall recommend the two (2) NGO Representatives based on the above mentioned criteria,

subject to the approved appointment of the Municipal Mayor.

c. The tenure of NGO Representatives shall be one (1) year.

The one (1) year term shall start on the date of the appointment.

d. The two (2) NGO representatives after having served his/her tenure shall be rotated to other accredited

stallholders/vendors organization in the case of a stallholders/vendors organization’s representative and to

other officer or member in the case of a consumers’ group or association.

Section 2A.04. Functions of the Board:

a. To formulate and adopt specific and related rules, regulations and

guidelines, pertaining to the operation and management of all existing economic enterprises of the Municipality consistent with the policy and provisions of this code.

b. Develop plans, programs and strategies beneficial to the Municipality and

making the economic enterprises more viable, productive and stable.

c. To serve as the advisory body of the Local Chief Executive and the

Sangguniang Bayan on matters affecting the over all management of economic enterprises.

d. To conduct the raffles or awarding of vacant stalls/spaces and to certify to the Sangguniang Bayan the result thereof.



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e. To award stalls/spaces by authorizing the chairman to sign the lease

contract to applicants as prescribed by this code.

f. To conduct pre-qualification of the applications fro stall applicants. In case where deliberation of the board result in a tie vote, the chairman

shall break the tie.

g. May propose adjustment and/or increase of any fees and rentals and

amendment to this code to the Sanggunian for a justifiable and reasonable cause.

h. To perform such other functions as may be authorized by the Sangguniang Barangay necessary in the effective and efficient

management of the enterprises.

Section 2A.05 Meetings.

a. Regular Meetings- The board shall hold regular meeting/s every month. The day, place and time to be determined by the board.

b. Special Meetings- The Chairman of the Board may call for a special meeting anytime should there an important/ urgent matter(s) that need

the attention and decision of the members of the Board. Any member or members may as concurred/supported by the majority members may

propose for a special meeting on the reason as mentioned above.

c. Attendance in Board Meetings- It is the duty of the members of the Board to attend regular and special meetings called for the Chairman.

d. In case of a justifiable reason, a member may send his/her duly authorized representative preferably next-in-rank in position. Said

representative may participate in the discussion but with no voting rights.

e. Quorum-The presence of majority (50% +1) of the members of the Board in any meeting shall constitute a quorum.

f. Agenda- Focus of the meetings will include monthly status of collections

and expenditures of each enterprise; issues and concerns that need the board’s decision, and other matters pertaining to the operation and management of the enterprises.



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Section 2A.06. Term of Office- The term of office of the Chairman, Vice

Chairman and Members shall be co-terminus with their position/official function,

except those two (2) NGO Representatives who shall serve for one (1) year as provided under Section 6, item 2, letter c, and d of this code.

ARTICLE B – ADMINISTRATIVE, SUPERVISORY FUNCTIONS AND ORGANIZATIONAL STRUCTURE

Section 2B.01 Administrative And Supervisory Function. The

Municipal Mayor being the Local Chief Executive has the overall administrative and supervisory authority, power and control over the economic enterprises operation and

management and may issue office/administrative/executive orders for the smooth, effective and efficient implementation of this code. The Municipal Mayor may also delegate some of these functions which are routinely in nature to the Department

Head-Economic Enterprise Manager. Section 2B.02. The Economic Enterprises Department. Direct

administration, supervision, maintenance and control of all economic enterprises of the

municipality as enumerated under Section 2 of this code, including all the funds earmarked for the personal services (PS), current operating expenditures and capital

outlays for the offices under it are hereby transferred to the Economic Enterprise Department under the office of the Economic Enterprise Manager.

Section 2B.03. Non-Creation of Positions. The following positions as

stated in Sections 2B.04, 2B.05 and 2B.06 shall not be hereby deemed creation of position but shall serve as guide only to future creation of positions.

Section 2B.04. Municipal Economic Enterprise Development Office (MEEDO). The composition with the corresponding positions, salary grades, and job

descriptions of the office are as follows:

1. (1) Municipal Government Department Head 1 (Economic

Enterprise Manager) SG-24. The Economic Enterprise Manager shall take charge of the office of the Municipal Economic Enterprise and shall:



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a. Prepare specific plans and strategies for the efficient operation of the

enterprises of the municipality and upon approval by the Municipal Mayor, and the Board implement the same;

b. Act as a collection deputy of the Municipal Treasurer for the

collection of charges, tolls, and fees in the operation of the enterprises;

c. Maintain peace and order and sanitation inside and outside the premises of the enterprises;

d. Enforce existing laws and other laws enacted/promulgated for the

protection and safety of the consuming and riding public;

e. Recommends to the Municipal Mayor and Board for the approval of

the Sangguniang Bayan measures designed to improve the operation and maintenance of the enterprises;

f. Shall have supervision over all revenue collectors and employees

who may thereafter be assigned or detailed to this office by the Municipal Mayor in additional to is present personnel;

g. Make recommendations to the Office of the Municipal Mayor for the revocation/cancellation of permits or licenses issued to

stall/block/space occupants who arte fond by him to have violated and/or exceeded the limitations and conditions of such grants;

h. Report violations of contract by any persons with the municipal government respecting leases of market stalls and spaces and to

make recommendations for such violations;

i. As a member and secretariat of the Board shall assist the Board in the performance of its functions; and

j. Exercise such other duties and functions as may be prescribed by law or ordinance



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2. (1) Clerk I (SG-03). One shall be directly under the office of the Economic

Enterprise Manager and whose job descriptions are:

a. Keeps record of all communications received and sent by the office;

b. Keeps and maintains the physical and material needs of the office, and;

c. Does other function that may be assigned to his/her direct supervisor.

3. (1) Driver 1 (SG-3). Shall act as an official driver of the office and shall:

a. Be responsible for the general maintenance of the office vehicle

assigned to him/her.

b. Does other function that may be assigned to him/her. Section 2B.05. The Administrative And Support Division. Responsible

on matters pertaining to personnelling, collections, disbursements, controlling,

recording, repairs and maintenance support of the enterprises. Plantilla Positions with corresponding salary grades of personnel under this division are as follows:

ADMINISTRATIVE SECTION 1 – Administrative Officer I SG-11

1 – Cashier SG-10 1 – Computer Operator SG-7

1 – Bookkeeper SG-8 1 – Storekeeper SG-4 1 – Utility Worker SG-1

REVENUE COLLECTION SECTION

5 – Revenue Collection Clerk II SG-7

MAINTENANCE SECTION 1 – Electrician SG-3



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1 – Carpenter SG-2

1 – Plumber SG-2 1 – Laborer I SG-1

SECURITY & ENFORCEMENT SECTION

8 – Security Guard/Watchman SG-2 Section 2B.06. The Operations And Services Division. The following

positions are hereby deemed created and shall be responsible on matters relative to the operations and management of the enterprises. Plantilla Positions with corresponding salary grades of personnel under this division are as follows:

PUBLIC MARKET SECTION

1 – Market Supervisor I SG-10 1 – Market Inspector I SG-6

3 – Utility Workers SG-1

FISH PORT SECTION 1 – Ticket Checker SG-3

2 – Utility Worker I SG-1

LGU BEACH RESORT/CONVENTION HALL 1 – Utility Worker II SG-3

2 – Utility Worker I SG-1 PUBLIC SLAUGHTERHOUSE SECTION

1 – Slaughterhouse Master I SG-10 2 – Utility Workers SG-1

PUBLIC CEMETERY SECTION 1 – Cemetery Caretaker SG-2

1 – Utility Worker I SG-1 Section 2B.07. Creation of Positions. The following positions are hereby

created and the Human Resource Management Officer is hereby directed to include

the same in the personnel schedule of the Economic Enterprise Office.

ADMINISTRATIVE SECTION 1 – Administrative Aide I SG-1



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MEERB

Administrative and Support Division Operation and Services Division

MEEM

Market Supervisor V

Administrative

Section

Revenue Collection

Section

Security Enforcement

Section

Maintenance Section

Municipal Cemetery

Section

Public Slaughterhouse

Section

Municipal Fish Port

Section

LGU Beach Section

Public Market Section

Integrated Bus Terminal

Section

PUBLIC MARKET SECTION

1 – Administrative Aide I SG-1

FISH PORT SECTION 1 – Administrative Aide I SG-1

LGU BEACH RESORT/CONVENTION HALL SECTION 1 – Administrative Aide I SG-1

PUBLIC SLAUGHTERHOUSE SECTION

1 – Administrative Aide I SG-1

Section 2B.08. Organizational Structure.



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Section 2B.09. Prescription of Job Description and Qualification. The

Board assisted by the Municipal Human Resources Management Officer shall prescribe

the job descriptions and qualifications of the Plantilla Positions as enumerated in the above Sections of this Article in conformity with the Qualification Standards and

existing provisions set forth by the Civil Services Commission.

Section 2B.10. PS Limitation. The total Personnel Services budget of the

Enterprises shall not exceed to 55% of its total income of the proceeding budget

calendar year. Section 2B.11. Budget. Budgetary allocations for the personnel

services/salaries and other fringe benefits shall be determined through an

appropriation ordinance by the Sangguniang Bayan. As the case, shall be included in the Municipal regular budget.



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CHAPTER 3 – GENERAL AND COMMON PROVISIONS

ARTICLE A – RULES AND REGULATIONS

Section 3A.01. Permit and License. All stallholders/vendors and other

business operators doing business/operating within the Economic Enterprises of the Municipality are required to secure the necessary permit and license before the actual

business/operation pursuant to the Local Tax Code of the Municipality of Tukuran. Section 3A.02. Cleanliness and Sanitation.

1) All enterprise premises and buildings/offices must at all times be kept clean and in sanitary condition to safeguard the health and safety of the buying public, clienteles as well as the stallholders, vendors and personnel. Stall owners/vendors shall be responsible for the cleanliness of

their stalls and premises, alleys or spaces immediately in front or behind or by the side of their stalls, booth or spaces.

2) A “No littering” signs shall be posted by MEEO in conspicuous places of the enterprises to warm vendors, buyers and other person(s) that the

same is punishable by law.

3) All enterprises shall be provided with large garbage receptacles for the

collection of all garbage and rubbish in its premises. In addition, adequate garbage cans shall be placed at strategic places for the garbage and rubbish of the buyers, vendors and personnel. Likewise, all

stallholders and vendors shall be required to have individual garbage receptacles.

4) All garbage receptacles must be properly covered to keep them from becoming the breeding places of flies, mice, rats, mosquitoes and other

insects. (Continued in the next page.) APPROVED BY:


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5) Stallholder/vendor are responsible in disposing their garbage at the end

of each day by placing them in the designated garbage receptacle. The central waste damping area shall be located at a convenient place wherein garbage collectors/trucks shall have access to collect.

6) The time for collection and disposal of garbage shall be determined by the economic enterprise management.

Section 3A.03. Water and Drinking Facilities.

1) All economic enterprises shall have available ample water for cleaning and drinking.

2) All water supply lines within the stall, booth or space shall be shouldered by the stallholders such as its bills and installation costs, provided written

consent from the Economic Enterprise Manager shall be secured before installation takes place.

Section 3A.04. Losses of Stallholders. The Municipal Government shall

not be responsible for any loss or damage which stallholders or vendors may incur in the Enterprise by reasons of fire or force majeure. The management, however, shall

encourage stallholders to save their commodities. Section 3A.05. Subleasing or Selling of Privilege Not Allowed. No

awardee shall sublease or sell the stall nor shall any privilege acquired be sold. Any

person other than the stallholder except those who are employed by the stallholder found selling in the latter’s stall be considered prima facie evidence of subleasing and shall subject the stallholder to outright revocation of his/her lease award.

Section 3A.06. Duration of Lease. The duration of lease of stall, booth or

spaces of the economic enterprises shall be renewable every two (2) year after subject to the existing requirements and procedures and those requirements are

establish by the Board. Section 3A.07. Revocation of Lease. The revocation of lease of contract

of stallholders shall be effected for cause or causes as provided in the lease of

contract and those pertinent provisions of this Code.



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Section 3A.08. Effect of Death of Lessee. Upon the death of the

stallholder/lessee, the contract of lease covering said stall shall be deemed terminated.

However, if the deceased leaves a surviving spouse or legal heirs who are not disqualified under the provisions of this Code and who desire to continue the business

of the deceased, the lease may be transferred to the deceased’s spouse or legal heirs upon application therefore; provided, that the Board shall be notified within thirty (30) days after the death of the original lessee of the desire of the spouse or legal heirs to

succeed and upon payment of all necessary rents or lease due at the time of the original lessee provided that no transfer fee shall be exacted to the transferee up to

the 4th degree of consanguinity. Section 3A.09. Ejected Stallholders disqualified to Participate in the Drawing of Lots. After due notice of hearing should stallholders be ejected from

his/her stall, booth or space for cause, as provided for in this Code, he/she shall be disqualified from subsequently filing another application for the lease of any stall,

booth or space in the enterprises of the Municipality. Section 3A.10. Dummies. Any person who acts as dummy for another is

connection with the enjoyment of any privileges provided in this Code shall be subject

to the penalty provided in the penal provision of the this Code. Section 3A.11. Communication and Electric lines. All telecommunication

lines, cables and electrical lines shall conform to the National Building Code, Electrical

Code and other applicable laws.

ARTICLE B. FIRE SAFETY AND PEACE AND ORDER Section 3B.01. Fire Safety and Peace and Order.

1. Fire extinguishers and other fire fighting equipments must be placed in strategic places of the enterprise premises by the management.

Stallholder may be required and encourage to provide and place such extinguishers or fire fighting equipments themselves in their stalls.

2. In case of fire/conflagration in or near the vicinity, it shall be the

duty of stall occupants to report such incident to the proper authorities.



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It shall also be the duty of stallholder/vendor or his/her

representative to report to the enterprise security guard and local police (PNP) any untoward incidents, accidents or crimes that may occur

within or near his/her vicinity. Section 3B.02. Loafing or Loitering, Begging and Gambling in the Enterprise Premises. No person who does not have any legitimate business or

transaction in the Economic Enterprise shall idly sit, lounge, walk, lie, tarry, loaf or

loiter in or about the premises of the enterprise premises. No person shall likewise be permitted to solicit alms or voluntary contributions, within the enterprise premises. Gambling of any form or kind whatsoever, and the playing of “dama”, “piat-piat”, or

any other similar games are strictly prohibited within the enterprise premises. Section 3B.03. Prohibition in the storage of highly combustible or explosive and toxic materials. Stallholders/vendors shall not be allowed to store

gasoline or any other highly combustible or explosive materials or substance and toxic

materials, such as agricultural insecticides, pesticides, and similar toxic chemicals, firecrackers and pyrotechnics within their stalls, except those selling agricultural chemicals and other related products.

Section 3B.04. Ramps and Stairways. Ramps shall be strategically located

for purposes of viability near the approach point to the enterprises structure and shall conform to the provisions of the existing and public utilities and install facilities and

other devices in the entrance for the mobility of disabled persons. They shall provide convenience to related market functional activities. Regular stairways shall

complement the economic enterprise system. Section 3B.05. Enterprises Aisles. To facilitate mobility, security and

safety at all times, economic enterprise aisles shall be free from any obstructions.

Management personnel, enterprises security guards and policemen detailed in the vicinity shall exercise strict vigilance on this matter and enjoin strict compliance with

this provision. Section 3B.06. Proper Identification. All stallholders/vendors, laborers and

helpers are required to pin their identification Card. The identification card shall be

duly signed by the Municipal Mayor and the Economic Enterprise Manager. (Continued in the next page.) APPROVED BY:


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Section 3B.07. Peddling and Hawking. No person or persons shall peddle,

hawk and offer for sale or expose for sale any articles in the passageway or aisles

used by purchasers, open spaces and landscape or island within the enterprise premises which are not designated fore display or vending.

Section 3B.08. Loose Animals. The enterprise management shall make

sure that no dogs or other animals are left astray in the enterprise premises. Section 3B.09. Illegal Construction. The construction of living quarters

within the enterprise premises/buildings shall not be allowed. Likewise, no lessee shall

remove, construct and alter the original structure of any stall, booth or space, including electrical wiring or water connection without prior permit from the Board and

approved by the Municipal Building Official. Any unauthorized/illegal construction shall immediately be subjected to demolition by the management.



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CHAPTER 4 – ECONOMIC ENTERPRISE FACILITIES

ARTICLE A – PUBLIC MARKET

Section 4A.01. Market Management.

1) The market management shall be headed by a Market Supervisor I who shall exercise direct and immediate supervision, administration

and control over the PUBLIC MARKET and the personnel thereof including those whose duties, concern the maintenance, upkeep

peace and order of the market premises subject to the supervision of the Enterprise Manager in accordance with the existing laws, local ordinance and other rules and regulations pertinent thereto.

2) Other market personnel are those enumerated under Section II of this Code.

Section 4A.02. Market Hours.

1) The PUBLIC MARKET shall be regularly opened at 4 o’clock in the morning (4:00 a.m.) and be closed at 10 o’clock in the evening

(10:00 p.m.) or at certain hours as may be determined by the Board, in accordance with the requirements of safety, order and sanitation.

2) The NEW PUBLIC MARKET shall be provided with a bell or buzzer with which to announce the opening and closing of the market business.

Section 4A.03. Weighing Scales. The Economic Enterprise Office shall

provide weighing scales for the use of the consumers to safeguard them against short weighing of commodities like the rice, fish, meat, etc. It shall be located in

conspicuous and strategic points in the PUBLIC MARKET. Regular inspection and alibration of all weighing scales shall be conducted. Section 4A.04. Manner and System in the Awarding of Stalls/Spaces.

1) No applicant shall be awarded two or more blocks. Notice of block vacancy shall be posted in the bulletin board of the Municipal Hall and in three (3) conspicuous places.



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2) No lessee shall sublease, sell or transfer his rented block to any

person neither be utilized said block as his place of residence.

3) Should there be more than one (1) applicant for a block, the award shall be granted to him who offers the highest bid of monthly rentals

than what is prescribed. However, should nobody offer any rental bid, the award shall be determined by drawing of lots in the presence of

the Market Committee on Awards and after a three-day notice to all participating applicants.

4) No award shall be given to applicant who acts in representation of another who already has a space in any of the market buildings. Should this fact be known to the Market Committee on Award prior to

rental bidding or drawing of lots, said applicant shall be excluded from participating therein. Should the fact be discovered after award

the said award shall be considered null and void in which case the subject block shall be declared vacant.

5) Any person who applies for another in consideration of money or otherwise shall also be disqualified to participate in the biding of drawing or lots.

6) An applicant who is awarded a block either by bidding or by drawing of lots, shall be first required to sign a lease contract within 15 days

from the date of such award before he is allowed to occupy the stall awarded to him. Otherwise, the block shall be declared vacant.

7) The lease contract shall provide among others that the lessee shall be given a three-month rental free from the date he signs the said

contract. However, said lessee shall be required to deposit with the LESSOR an advance rental for three months which shall be forfeited in favor of the LGU should said lessee for whatever reason, opt not to

continue with the lease during or after the said first three months.

8) The Lease Contract shall embody the pertinent provisions of this ordinance and such other terms and conditions consistent herewith.



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9) Any old occupant as determined and identified by the Market

Committee on Awards shall, without bidding and/or drawing of lots, be awarded the block he applied for nearest or in the very space where his previous stall/block was situated, provided that he is

acceptable to the terms and conditions of the lease contract which acceptance shall be given by him by signing the lease contract within

15 days from the date of the award. Otherwise, the block shall be awarded to any applicant after bidding and/or drawing of lots.

10) No person shall operate a market stall/space without first securing the permits required by the Municipality. All applications and pertinent documents thereto for the award of stall shall be filed in the office of

the Board Secretariat.

11) The stallholder/ vendor shall be assigned a stall according to the nature of the merchandise/ line of business he/she intends to sell/ do.

12) A stallholder/ vendor shall not be allowed to occupy a stall/space other than those leased to him/her, and it shall be the duty of the Enterprise Manager or his duly authorized representative to see to it that the stallholder does not occupy other stalls/ spaces.

13) In case of a couple having two or more legitimate stalls, they shall be allowed to retain only one of those stalls and register the same in the

name of either the husband or the wife, while the rest shall be waived to their nearest kin (up to the 4th civil degree).

14) The awarding of vacant stalls/ spaces in the NEW AND OLD PUBLIC MARKET shall be done through raffle by the Board, if there are more

than one applicants applying. If only one applicant, the Board will award the same provided such application meets the requirements set by this code or by the Board.

15) The public market shall be provided with a bell or buzzer with which to announce the opening and closing of the market business.



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Section 4A.05. Award and Adjudication. Award and adjudication of newly

constructed or vacant stall shall be made pursuant to the provisions of this Code. That

after the award of any stall, room, booth, space, a contract of lease shall be executed by the Municipal Mayor representing the Municipal Government and the awardee after

the latter has complied with all other requirements. The contract of lease shall be substantially in the form but may be modified to conform to the needs of a particular public market.

Section 4A.06. Contract of Lease.

CONTRACT OF LEASE

KNOW ALL MEN BY THESE PRESENT: This contract of lease is made and entered into by and between:

MUNICIPALITY OF TUKURAN, a public corporation existing under and by virtue

of the law of the Philippines, represented by its Municipal Mayor hereinafter called LESSOR;

And

MR/MRS of legal age, married/single, Filipino Citizen, and a resident of ,

Philippines, hereinafter called the LESSEE;

WITNESSETH

The LESSEE is an awardee of stall no. located in building within the compound of public market, subject to the

following terms and conditions:

1. That this Contract of Lease shall expire on ,

unless sooner cancelled or revoked by the LESSOR with a cause;



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2. That the LESSEE shall at all times keep the stall in good sanitary condition,

provide garbage receptacles and cleaning materials prescribed by the Economic Enterprise Manager, and shall comply strictly with the provision of

the Economic Enterprise Code of the Municipality of Tukuran, and all market laws, ordinances, rules and regulations now existing or which may hereafter

be promulgated. Failure to maintain the stalls in good sanitary condition after two (2) warnings by the Market Management shall be ground for revocation of this Lease of Contract;

3. That the LESSEE shall pay the corresponding rent for the stall within the

first 20 days of the month. Failure to pay on time, the LESSOR shall imposed as surcharged of 25% of the unpaid rental, and shall secure

business permit and license therefore in the manner and amount prescribed by the Municipal Revenue Code;

4. That the LESSEE shall be allowed to take possession over his/her awarded stall only upon compliance with all provisions prescribed in the Economic

Enterprise Code.

5. That the business to be conducted in the stall belong exclusively to the herein LESSEE;

6. That the LESSEE is prohibited to sell or sublease his/her rights and privileges on the lease property. However relinquishing/transferring of

privilege over the stall to another person is hereby recognized, provided that the following procedures are strictly followed: a. Affidavit of Waiver shall be executed by the legal occupant;

b. A duly executed and notarized relinquishment documents must be presented;

c. The relinguisher/transferor must submit to the Economic Enterprise Management Office a clearance from his/her respective organization

president, if member to any market organization; d. The relinguisher/transferor shall pay the amount of ONE THOUSAND

PESOS (Php1,000.00) as Transfer Fee. This amount shall be used solely

for the improvement for the operations of the Economic Enterprises, most specifically the PUBLIC MARKET;

e. The transferee shall pay an occupancy fee, the amount is according to the classification of the business establishment; this amount shall be

solely used for the improvement of the operations of the economic enterprises, most specifically the PUBLIC MARKET;



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1. Php30,000.00 for two (2) storey building at old public market;

2. Php20,000.00 for stall with ground floor area of 20 sq. m. and above; 3. Php15,000.00 for stall with ground floor area less than 20 sq. m.

4. Php5,000.00 for fruit stand.

7. That any given time, should the market stall(s) be used for purpose other than which is intended, or remain closed or idle for atleast fifteen (15) consecutive days, the same shall be declared abandoned and the lease shall

be automatically revoked by the Municipal Mayor;

8. That non-payment of the monthly rental for three (3) consecutive months after it has become due and demandable shall be sufficient cause for

revocation of the lease;

9. That the LESSEE shall not in any manner repair and alter the structure

and/or makes any extension of the stall without prior approval of the Economic Enterprise Manager;

10. That the LESSEE shall not utilize the lease property or its premises or

portion thereof as shelter of animals;

11. That the LESSEE shall provide padlocks and other protective devices to

ensure safety of goods to ensure the safety of the products inside his/her stall;

12. That the LESSEE shall provide signboard/billboard in front of his/her stall,

the size and design of which shall be prescribed by the board;

13. That the LESSEE shall provide Fire Extinguisher (atleast 2 pounds) in each

stall except for fish, meat, fruit and vegetables stalls;

14. That the LESSEE shall not sell, store or keep combustible or highly inflammable materials such as kerosene, gasoline, alcohol and other gas products or any other obnoxious substance which is dangerous to health or

life;

15. That the LESSOR or his authorized representative shall be allowed at all reasonable time to enter upon and examine the leased property and its

premises to enforce the provisions of this contract and to keep the same for use and for the preservation thereof;



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16. That in case of breach by the LESSEE or any of the terms or conditions in

this contract, the LESSOR, meanwhile the breach or default continues and not withstanding of any waiver or any prior breach of condition without

notice or demand, enter upon the leased property and hereby inform the LESSEE of the provision of this contract and direct him/her to vacate and

remove his merchandise and properties. The LESSOR or his authorized representative shall cause its removal but charge the cost to the LESSEE.

17. That violation of any of the foregoing terms and conditions and other applicable laws, ordinance, rules and regulations by the LESSEE shall be

sufficient cause for the cancellation or revocation of this contract of lease, and the simultaneous closure and/or padlocking of the stall;

18. That the expenses for the preparation of this contract, its documentation

and notarization shall be borne by the LESSEE.

IN WITNESS HEREOF, the parties have hereunto set their hands this

day of , at , Philippines.

Municipal Mayor LESSEE

LESSOR

SIGNED IN THE PRESENCE OF:

ACKNOWLEDGEMENT

REPUBLIC OF THE PHILIPPINES ) PROVINCE OF ZAMBOANGA DEL SUR )

MUNICIPALITY OF TUKURAN )



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BEFORE ME, a notary public, for and in the Municipality of

, Philippines, this day of , , personally appeared Municipal Mayor with Community Tax Certificate

No. issued at , Philippines on and MR/MRS with Community Tax Certificate No.

issued at , Philippines on both known to me and to me known to b the same persons who executed the foregoing instrument and they acknowledge that the same is their free act and voluntary deed.

The instrument consist of ( ) pages including this page having signed

by the parties and their instrumental witnesses.

WITNESS MY HAND AND SEAL, at the place on the date first above written. Doc. No.

Page No. Book No.

Series of Section 4A.07. Duration and Revocation of Lease. The lease or award

of any stall, room, booth or space in the market shall be valid and subsisting from the

time of its execution until December 31 of the year it was entered into, unless sooner revoked or cancelled for cause.

Section 4A.08. Abandoned Stall/ Articles.

1) Any stall/booth in the NEW AND OLD PUBLIC MARKET which has been closed for thirty (30) consecutive days shall be considered

abandoned and the lease to such booth/stall be automatically revoked by the Municipal Mayor.



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2) Any articles abandoned in the NEW AND OLD PUBLIC MARKET in

violation of any provisions of this ordinance/code shall be deemed a nuisance, and it shall be the duty of the Market Supervisor and his subordinate(s) to take custody thereof. In case, the article are

claimed within twenty-four (24) hours thereafter, they shall be returned to their owners upon payment of actual expenses incurred in

their safekeeping unless they have so deteriorated as to constitute a menace to public health, in which case, they shall be disposed

through the order of the Municipal Mayor, who may also, at his/her discretion, cause the criminal prosecution of the guilty party, or merely warn him/her against future violation. If the articles have not

deteriorated and are not claimed within five (5) days at the time herein fixed said articles shall be sold through public auction, and the

proceeds thereof disposed of in accordance with law. Section 4A.09. Adjudication of Vacant Stalls to Applicants. Vacant

stalls shall be leased to applicants in the following manner:

1) Notice of vacancy at the stalls or booths shall be posted in the Municipal Hall/Building and Economic Enterprise Building a period of

not less than ten (10) days prior to the date of the actual award to qualified applicants to appraise the public of the fact that such stalls or booths are vacant and available for lease. Such notice shall be

posted in the bulletin board of the market.

2) The Notice of Vacancy to be posted shall be substantially in the following form but may be modified.

N O T I C E

Notice is hereby given that stall, room, booth no. , building no.

of the section, the PUBLIC MARKET is vacant (or will be vacant) on . Any person duly qualified and desiring to lease this

stall, room, space or booth shall file an application therefore on the prescribed form. Copies may be obtained from the Office of the Economic Enterprise Manager/Market Supervisor during office hours on or before 12:00 noon of ,

at o’clock AM/PM at the Economic Enterprise Office.



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3) An application Fee of Fifty (P50.00) Pesos shall be collected from

each applicant to cover the necessary expenses and any excess thereof shall form part of the general fund of the Municipal. The application shall be shall be substantially in the following form but

may be modified to conform to the needs of a particular public market.

4) The format of the application to Lease Market Stall shall be written as follows:

APPLICATION TO LEASE MARKET STALL

(address) (date)

Municipal Mayor Tukuran, ZDS

Sir:

I, hereby apply to lease stall No. , Building No. of the PUBLIC MARKET. I am years old, a

citizen of the Republic of the Philippines and residing at .

Should the above-mentioned stall, room, booth or space be leased to me in

accordance with the market rules and regulations, I promise to hold the same under the following conditions:

a. That while I am occupying or leasing this stall, room, booth or space, I shall at all times have my picture and that my helper/s conveniently framed and

hang up conspicuously in the stall, room, booth or space.

b. I shall keep the stall, room, booth or space at all times in good sanitary condition and comply strictly with all pertinent market laws, code, ordinances, rules and regulations, now existing or which may hereafter be

promulgated.



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c. I shall pay the corresponding rents for the stall, room, booth or space, in

the manner prescribed by existing ordinances/code.

d. I shall not sell nor transfer my privilege to the stall, room, booth, space, ot otherwise permit another to conduct business thereon.

e. Any violation on my part or on the part of my helpers of the foregoing

conditions shall be sufficient cause for the Municipal Mayor to cancel my

contract.

Very truly yours,

Applicant

I, do hereby state that I am the person who signed the foregoing application, that I have read the same, and that the contents thereof are true to the best of my knowledge.

Applicant

Subscribed and sworn to be before this day of

, at , Philippines, affiant applicant exhibiting to me his/her Community Tax Certificate No. issued on

at , Philippines.

Notary Public Doc. No.

Page No. Book No.

Series of (Continued in the next page.) APPROVED BY:


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5) The application shall be made under oath. It shall be submitted to the board through the Office of the Economic Enterprise Manager/ Board Secretariat y the applicant either in person or through his/her

authorized representative.

6) It shall be the duty of the Economic Enterprise Manager/Board Secretariat to keep a Registry Book showing the names and address of all applicants for vacant space or spaces, the number and

description of the stall/space applied for by them, and the date and hour of receipt of the application setting forth therein the time and date of receipt thereof..

7) Applicants who are residents of Tukuran and Filipino Citizens shall have preference in the lease public market stalls. If on the last day

set for filing applications, there is no application from said applicant, the posting of the notice of vacancy prescribed above shall be

reported for another ten (10) day period. If, after the expiration of that period there is still no resident applicant, the stall affected may be leased to any non-resident applicant who filed his/her application

first. If there are several applicants, the adjudication of the stalls shall be made through the drawing of lots/raffles to be conducted by the

Board on the date and hour specified in the notice. The result of the drawing of lots/raffles shall be reported immediately by the Board of

the Office of the Sangguniang Bayan for information.

8) The successful applicant shall furnish the Board two (2) copies of his/her recent picture immediately after the award of the lease. It

shall be the duty of the Economic enterprises Manager/ board Secretariat to fix one (1) copy of the picture to the application and

other copy to the record card kept for the purpose. Section 4A.10. Procedure on Repairs of Municipal properties for Lease to the Public.

1. Any lessee of municipal building, block, tienda or other similar structures

shall be solely responsible for repairs which are necessary to his business or for his convenience.



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2. In case of other repairs the amount of which does not exceed Php1,000.00,

the same shall be undertaken by the lessee 10 days after the notice therefore is made to the Market Supervisor. The expenses shall be charged

to the monthly rentals, but to the extent of the estimated amount of repair and in no case shall exceed Php1,000.00.

3. In case of major repairs costing more than Php1,000.00, the lessee shall

make a written request for undertaking and funding to the Market

Supervisor.

4. The Market Supervisor shall within 5 days from receipt of the request determine whether the request repair is indispensable and necessary to

preserve the leased structure. Should the intended repair be found indispensable and necessary, the Market Supervisor shall make his recommendation to the Municipal Mayor for construction or for funding if

funds therefore are not available.

5. The Market Supervisor shall, before the signing of the lease contracts make sure that he premises to be leased is free from minor and major repairs

which warranty shall be acknowledge by the lessee upon the signing of the lease contract, either renewal or otherwise.

Intended or proposed repairs which are due to the negligence or act of the lease shall be done at his own expense. Otherwise, the same shall be

undertaken by the LGU at the expense of the Lessee in addition to his monthly rentals.

Section 4A.11. Stalls/ Spaces Sectioning. No stallholder or vendor shall

be allowed to offer for sale products or goods in his/her stall, room, booth or space other than the products or goods prescribed or allowed in the section where his/her stall, room, booth or space belongs. The Municipal PUBLIC MARKET shall be divided

into the following sections:

1. Fish Section – Fresh fish, clams, oysters, lobster, shrimp, seaweeds, and other roots crops and other marine and aquatic products.

2. Meat Section – Fresh meat from cow, carabao, goat, sheep, pigs, etc.

3. Fruit and Vegetables Section – all kinds of vegetables, fruits and root crops.



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4. Dry Goods Section – all kinds of textiles, ready made dresses and apparel.

5. Groceries and Sari-sari Section – all kinds of groceries, like biscuits,

crackers, all kinds of cakes, butter, cheese, confectionaries, candies, canned goods and bottle goods, beverages, soft drinks, flour, rice, oatmeal, ham,

bacon, sugar, nuts, sauce, onions, garlic, potatoes, eggs, toilet articles, corn, sausages, mango, starch, salt, soap and other household and food products including firewood and charcoal.

6. Glassware’s and farm implements Section – all kinds of farm implements

such as harrow, likaw, ropes and the like. All kinds of kitchen utensils, floor mats, brooms plastic product including household utensils made of clay.

7. Poultry Product Section – all chickens, ducks, birds, ducklings, eggs, poultry

foods.

8. Eateries and Cooked Food Section – all kinds of cooked foods inlucding

refreshment and cakes.

9. Miscellaneous Section – this includes beauty parlors, tailoring and dress shop, newspaper and magazine stand, radio and watch repair shop, office supplies and photo studios.

Section 4A.12. Establishment of Cultural and or Halal Section. There

shall be established a section in the PUBLIC MARKET for Cultural and Halal Section for cultural/halal products.

Section 4A.13. Schedule of Payments. For blocks/stalls, tables, the fee

for the rental shall be paid to the revenue collector or his duly authorized representative within the first twenty (20) days of each month.

Section 4A.14. Issuance of Official Receipts and Cash Tickets. The

Municipal Treasurer or his deputized collector or his/her authorized revenue collector shall issue an official receipt as evidence of payment of rentals fixed/block, stalls, and

tables. The payment of Cash Tickets shall be done daily which shall be collected by authorized Revenue Collectors. The Economic Enterprise Cashier shall deposit such

collection to the official Municipal Depository Bank. (Continued in the next page.) APPROVED BY:


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Section 4A.15. Surcharge for Late or Non-Payment of Fee.

a. The lessee of a stall who fails to pay the monthly rental fee within the prescribed period, shall pay a surcharge of twenty five percent (25%) of the

total rent due. Failure to pay the rental fee for three (3) consecutive months shall , without prejudice to suing the lessee for the unpaid rents of the expenses of the lessee. The block/stall/table shall be declared vacant and

subject to adjudication.

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

Section 4A.16. Storage Fee.

1. There shall be collected storage fees on mall articles or things hereunder

enumerated which are abandoned in the market building or compound and which are kept and stored by the market supervisor pursuant to the

following schedule of fees, to wit:

Kind of article/thing Rate of fee per day

1. Article of commerce/merchandise 5% of its value per day or a fraction thereof

2. Boxes, Banieras and other containers Php5.00 per unit per day or a fraction

thereof

3. Others Php2.00 per unit per day or a fraction thereof

2. Should these articles or things be not claimed within five (5) days from day

the market Supervisor take custody, the same shall be sold by the Treasurer or his authorized representative at a public auction after a three (3) day

notice. However, if the stored article necessitates immediate disposal because of its nature, the same shall be so disposed in the manner

hereunder provided. Section 4A.17. Increase of Market Rental Rates and Entrance Fee.

The increase in market rental rates and entrance fee shall be determined through an

ordinance by enacted by the Sangguniang Bayan as the need arises. (Continued in the next page.) APPROVED BY:


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Section 4A.18. Public Toilet Fee.

1. Public toilets with adequate lavatories, at least one for men and women shall be provided and installed in strict conformity with the sanitation code and the

same at all times be kept clean and sanitary. 2. There shall be an entrance fee of Php2.00 collected from any person who shall

make use of the public toilet for urination and Php4.00 for defecation.

3. Bathing inside the public toilets is prohibited and shall not be allowed. Section 4A.19. Market Rental Rates. Monthly rental of market stalls,

blocks, buildings, rooms, booths and spaces are hereby fixed and computed, based on

market classification, in accordance with the following rates:

a. Permanent vendors, occupying the market buildings owned by the

Municipal Government, either by stall or tables, shall pay rental at the rates of fifteen pesos (Php15.00) per square meter per month. Provided,

that in two-storey building the monthly rental shall be fixed at one thousand (php1,000.00) per block in the public market;

b. Permanent vendors occupying the public market building at Purok Rizal

shall pay rental rates of Php700.00 pesos per month;

c. On occupants of the premises not occupying tables, per day or fraction

therefore at two pesos (Php2.00) per square meter per day, upon approval of the LGU;

d. On the open space occupied during fiesta seasons, rate per day is four

pesos (Php4.00) per square meter per day;

e. Extension on building blocks and/or stalls with approval of the local

government, two pesos (Php2.00) per square meter per day. All tales occupied by meat and fish vendors, ten pesos (Php10.00) per square meter per day on actual used.

f. Electrical Service fee at wet market at the rate of Php 10.00/day /table.



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g. Rental fee at Bagsakan center.

1. ordinary days at Php5/sqm/day; 2. during tabo on special celebration at Php8.00/day/sqm.

Section 4A.20. Market Entrance Fee. In lieu of the regular market fees

based on their space occupied, a market entrance fee shall be imposed on all transient wholesale vendors of any commodity or merchandise being brought into PUBLIC

MARKET before sale on the basis of weight, bundle, sack, can, cartload, or any convenient unit of measure. The amounts of entrance fee were charged on the basis

of space occupied by the said commodity or merchandise, as provided in the immediately preceding section. Market entrance fees to be collected shall be based on the following rates:

1. Agricultural Products

a. Root Crops

1. Carrots

2. Gabi, Curioso and the like

3. Potatoes

4. Radish

5. Singkamas

6. Ubi

7. All other kinds of root crops

Php 0.50/kilo

0.50/kilo 0.50/kilo

0.50/kilo 0.50/kilo 0.50/kilo

0.50/kilo

b. Fruits

1. Apples 2. Bananas:

2.a. Bangan and tundan 2.b. Cardaba, sab-a, sarabia and the like

2.c. All other kinds of bananas 3. Chicos 4. Citrus and oranges, native

5. Durian 6. Grapes

7. Guavas (hybrid) 8. Guavas (native) 9. Jackfruit

10. Lanzones

1.00/kilo

0.50/kilo 0.50/kilo

0.50/kilo 0.10/dz 0.25/dz

1.00/kilo 1.00/kilo

0.25/kilo 0.10/dz 1.00/pc

0.25/kilo



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11. Marang

12. Mangoes 13. Papaya

14. Pineapple 15. Pakwan 16. Siniguelas

17. Sunkist 18. Watermelon

19. All other kinds of fruits

0.25/pc 0.50/dz

0.25/dz 0.25/pc

0.10/kilo

0.10/dz 0.50/dz

0.10/kilo 0.10/kilo

2. Vegetables

a. Leafy Vegetables:

1. Cabbage 2. Chinese pechay 3. Native pechay

4. All other kinds of leafy vegetables


0.10/kilo

b. Fruit Vegetables: 1. Ampalaya

2. Bantiyong

3. Eggplant 4. Pepino

5. Sikwa 6. Sayutis 7. Tambayag

8. Squash (kalabasa) 9. Upo

10. All other kinds of fruit vegetables

0.10/kilo 0.10/kilo

0.10/kilo 0.10/kilo


0.10/kilo 0.10/kilo

0.10/kilo

3. Spices:

1. Chinese spices 2. Garlic

3. Onions: 3.a. Bulb 3.b. Leaf

4. Peppers: 4.a. Atsal

4.b. Pungent, quilicot 5. Tomatoes 6. All other kinds of spices

0.20/kilo 0.20/kilo

0.10/kilo

0.10/bundle

0.10/kilo




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4. Cereals and Grains: 1. Cacao

2. Coffee beans 3. Corn:

3.a. Grains 3.b. Grits

3.c. Young ears (tila-uban) 4. Mongoes 5. Palay

6. Peanuts: 6.a. Peeled

6.b. Unpeeled 7. Polard 8. Poultry and animal feeds

9. Prawn and other fish pond feeds 10. Rice

11. Rice and corn brand 12. Sorghum

13. Soya beans 14. Caster beans (tangan-tangan) 15. Other kinds of beans

0.50/kilo

0.50/kilo

0.20/kilo 0.20/kilo

0.50/dz 0.25/kilo 0.20/kilo

0.50/kilo


0.02/kilo 0.02/kilo

0.01/kilo 0.02/kilo


5. Livestocks: 1. Large cattle

2. Hogs or pigs (live weight) 3. Goats and other livestock (live weight) 4. Chickens and other (live weight)

20.00/head

10.00/head 5.00/head 1.00/head

6. Other Agricultural Products:

1. Coconuts

2. Copra 3. Cassava chips

4. Salt 5. Flour 6. Starch

7. Sugar: 7.a. Mascovado

7.b. Refined Sugar

0.10/pc

0.05/kilo 0.50/kilo

1.00/sack 1.00/sack 1.00/sack

0.50/kilo 0.50/kilo



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7. Forest Products:

1. Charcoal

2. Firewood 3. Honey 4. Nipa shingles

5. Nito 6. Rattan string (lagus)

7. Rattan poles 8. Risen, ka-ong, and other forest products

1.00/sack

0.50/bundle 0.50/lt

1.00/bundle

1.00/bundle 0.50/bundle

1.00/bundle 0.50/kilo

8. Industrial Products:

a. Home Industries:

1. Bamboo crafts

2. Basket 3. Batuwang or sangka 4. Ceramics and pottery products

5. Hats 6. Mats

7. Metal products 8. Nigo and ayagan 9. Ropes:

9.1 Synthetic fibers 9.2 Native fibers

2.00/pc

0.50/pc 0.50/pc 1.00/dz

0.25 0.50

0.20 0.25

0.10/kilo 0.10/kilo

b. Shell crafts:

1. Stone crafts

2. Tinsmith products 3. Toys 4. Other home industries

0.05/kilo

0.50/dz 0.50/pc

0.50/kilo

9. Other Industrial Products:

a. Coconut oil 0.20/lt

b. Kerosene 0.20/lt

c. Lime 0.10/kilo



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10. Industrial Products:

a. Meat:

1. Carabeef and beef 2. Pork

3. Venison 4. Fowls and the like

0.25/kilo 0.20/kilo

0.20/kilo 0.20/kilo

b. Marine and sea Products:

1. For purposes of this section, fish and other

marine products are hereby classified as 1st class, 2nd class and 3rd class.

- 1st class

- 2nd class - 3rd class

2. Other marine products

0.50/kl.

0.35/kl. 0.25/kl.

0.25/kl.

11. Fees for Selling Bamboos:

1.00/pole 1.00/bundle of 100 pcs. Split bamboos

12. Fees for Selling Dry Goods

Cloths and Shoes (okay-okay) 50.00/bundle

Section 4A.21. Transfer Fee and Procedures. Relinquishing/transferring

of privilege over the stall to another person is hereby recognized provided that the

following procedures are strictly followed:

a. Affidavit of waiver shall be executed by the legal awardee or occupant;

b. A duly executed and notarized relinquishment documents must be presented;

c. The relinguisher/transferor must submit to the Economic Enterprise

Management Office a clearance from his/her respective organization president, if member;



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d. The relinguisher/transferor shall pay the amount of one thousand pesos

(Php1,000.00) as transfer fee. This amount shall be used solely for the improvement of the operations of the Economic Enterprise, most specifically the

PUBLIC MARKET;

e. The transferee shall pay the occupancy fee, the amount shall be solely used for the improvement of the operations of the economic enterprises, most specifically the PUBIC MARKET:

1. Php30,000.00 for 2-storey building at the old market; 2. Php20,000.00 for stall with ground floor area in old and new public

market of 20 sq.m. 3. Php10,000.00 for stall and table with a floor area lees than 20 sq. m.

4. Php5,000.00 for fruit stand.

Section 4A.22. Proper Display of Merchandise. All items, commodities or

merchandise shall be displayed in the stalls or market commodity or market premises

so as not to hamper, obstruct or impede the passage of aisles or to the inconvenience of market goers, and shall be arranged and displayed in a manner which shall not hamper the regular cleaning of the market premises.

Section 4A.23. Use for Video Games. The use of Video game/Video karera

in any portion of stalls within the NEW PUBLIC MARKET is prohibited. Section 4A.24. Use of Devices and Materials to Defraud Consumers.

The use of devices and materials to defraud consumers, such as the red lights, red cellophanes, and the like which installed/ placed in the stall in a manner that will deceive the consumers in buying fish, chicken or meat which are actually not fresh or

not good for public consumption shall not be allowed or is prohibited.

Section 4A.25. The Vegetable Dropping Zone. There shall be a

designated area for the dropping zone or “bagsakan” of all vegetables, fruits, spices

and other related products intended for sale within the PUBLIC MARKET. Loading and unloading of animals shall be at the designated ramps only.

Section 4A.26. Public Market Open Space Designated as Parking Area for PUV.

A. Rules and Regulations.

1. A one (1) way traffic shall be established and supervised by the PNP.



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2. All Public Utility Buses (PUBs), Public Utility Jeepneys and tricycles

arriving in the municipality shall park directly in a designated area at the Public Market to unload cargoes intended for trade at the Pubic Market

and shall only be allowed to deliver other cargoes and passengers after all a cargoes for trade at the public market are unloaded.

3. PUBs, PUJs and tricycles departing the municipality shall park in their

designated areas at the Public Market and PUJs and tricycles secluded

for departure are allowed to pick-up passengers and cargoes within the poblacion.

B. Parking Fee. For the purpose of collecting parking fees for types of vehicle

soliciting passenger and doing business respectively in the public market, the Economic Enterprise Revenue Collectors shall collect the toll fees based n the following schedule;

a. Passenger buses or cargo trucks Php50.00/day or fraction thereof

b. Mini-buses or Jeepneys Php20.00/day or fraction thereof c. Tricycle/Motorcycle Php5.00/day of fraction thereof

d. Pedicabs/Sikad-sikad Php3.00/day of fraction thereof e. Other vehicles Php2.00/day of fraction thereof

ARTICLE B - FREE MARKET DAY

Section 4B.01. Tabo. The municipality free Market Day shall be known as

the “Tabo”. Section 4B.02. Coverage. The “Tabo” shall cover only the designated area

in the public market to include the immediate environs of the vegetable Drop Zone (Bagsakan Area). Any adjoining street or road within the PUBLIC MARKET can be designated as long as traffic flow of the said premises shall not be hampered.

Section 4B.03. Management and Supervision. The control and

supervision of the mechanics of the “Tabo” shall be the responsibility of the municipal Economic Enterprise Manager.



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Section 4B.04. Mechanics:

1. Any person who wishes to sell any product during the “Tabo” must secure first a permission to sell from the Office of the Municipal

Economic Enterprise Manager by paying his/her “Arkabala”. 2. “Arkabala” shall determined by the size of area occupied by the retailer

in selling his/her product, with a minimum of one (1) square meter at a rate of Ten (Php10.00) Pesos per square meter per day.

3. Products for sale must be classified by product lines whose area will be

designated by the management of the “Tabo”.

4. Selling of poultry and livestock products must be at the livestock display

area on the “Tabo” and must conform with the rules and regulations as stipulated in this Code.

5. Tents, umbrellas and other materials may be used as covers for the

display provided that the putting up and the tearing down of all display

materials must be the responsibility of the retailers, making sure that the space assigned to him/her is clear of debris as he/she vacates the

place.

6. For reason of security, threat to public safety and health, the management has the right to turn down any request for permission or terminate any selling products on the “Tabo”.

7. The “Tabo” is for a duration of one (1) day which shall start at 4 o’clock

in the morning and ends at 6 o’clock in the evening of every Thursday and Sunday. No more selling of products will be allowed at the close of the “Tabo”.

Section 4B.05. Implementation. For the successful implementation of this

“Tabo”. The Liga ng mga Barangay of Tukuran Municipality through their respective Punong Barangay shall be enjoined to disseminate the information to their respective

constituents to avail the benefits of “Tabo”. The Municipal Agriculture Office, Municipal Livelihood Development Center as well as the Department of Trade and Industry and

other Government Agencies and Instrumentalities shall likewise be requested to promote the “Tabo” to local farmers and small medium entrepreneurs.



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ARTICLE C – FISH PORT

Section 4C.01. Basic Policies. The following are the basic policies

governing the operation and management of the MUNICIPAL FISH PORT; to wit:

1. There shall only be one MUNICIPAL FISH PORT in the Municipality of

Tukuran situated at San Carlos.

2. The MUNICIPAL FISH PORT shall serve the need for a fast, efficient and

sanitary unloading and loading of fish facility in the Municipality of Tukuran, the neighboring municipalities and some parts of the country as well.

3. The MUNICIPAL FISH PORT shall operate daily.

4. The MUNICIPAL FISH PORT management shall ensure that only good, sound, healthy and wholesome marine products are unload and released

there from.

5. The MUNICIPAL FISH PORT management shall see to it that appropriate

fees and charges are assessed and collected for the use of the government facilities and services rendered.

6. All endangered species of marine products unloaded/brought into the

municipal fish port for the purpose of selling to the public, shall be confiscated immediately and turned over to the appropriate authority for proper disposal and protection accorded to all endangered species.

7. Security, safety and order at the MUNICIPAL FISH PORT shall be a basic

concern. Management shall find and adopt ways and means o ensure maximum security, safety and order thereat.

Section 4C.02. Rules and Regulations. The following rules and

regulations shall be observed at the MUNICIPAL FISH PORT, to wit:

1. Only the MUNICIPAL FISH PORT personnel and authorized clients are allowed inside the perimeter and compound of the fishing port.



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2. During operations, all authorized personnel in the municipal fish port are

required to wear their proper uniform and identification card and provide themselves with safety devices like gloves, anti slid shoes, and other similar

devices.

3. No firearm is allowed in the MUNICIPAL FISH PORT building and compound except for the security personnel of the fish port and private security (with proper documents of the firearms) of the fishing operator.

4. No persons are allowed inside the MUNICIPAL FISH PORT except when they

are on educational or observation tour or otherwise authorized by the proper authority.

5. The MUNICIPAL FISH PORT building or any portion thereof shall not be

used as a sleeping or living quarter.

6. Smoking and loitering are strictly prohibited in the MUNICIPAL FISH PORT

building and compound.

7. Liquors, beers, wine and other intoxicating drinks are prohibited inside the MUNICIPAL FISH PORT building and compound.

8. Drunk or any person or personnel under the influence of liquor are prohibited from making entry into the MUNICIPAL FISH PORT building and

compound.

9. All fish port clients are required to wear there identification card inside the

building and compound of the fishing port.

10. All fishermen shall be required to dock their fishing boat or vessel loaded with fish catch only at the municipal fish port.

Section 4C.03. Fees. There shall be imposed and collected at the

MUNICIPAL FISH PORT fees for the following:



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TYPE OF FESS RATES (peso/unit) PAYORS

1. Unloading Fee 0.15 Per kilo Fish Producer/Boat Operators

2. Transshipment Fee 0.15 per Kilo Fish producer/supplier who

transports fish port and/or traders/ “Viajero” buying

fish direct from fish producer to be transported outside the locality.

3. Market Fee 0.15 per kilo Fish brokers/fish supplier or

fish producers

4. Ice conveyance Fee P3.0 per block of ice Clients who sell ice inside the port area

5. Fuel Conveyance Fee 1% of gross sale Client who sell fuel inside the port area from outside

source

6. Entrance Fee/parking fee

a) Heavy Vehicle i. Ten Wheeler

ii. six Wheeler iii. other light Vehicles

b) jeep/Car c) Motor/Cab/pedicab

d) Single Motorcycle

P30.00 per vehicle

20.00 per vehicle 10.00 per vehicle

10.00 per vehicle 5.00 per unit

3.00 per unit

Owners/drivers of over land vehicles entering and

parking at the port

7. Wharf age Fee

a) Rice b) Copra

c) Sweet Potato/Cassava

d) Cement

Php 1.00/sack 1.00/sack

1.00/sack 1.00/sack

1.00/sack

Owner of commodity



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e) Fertilizer f) Soft-Drinks w/

content g) Beer/hard Drinks w/

content h) Sorap & Heavy

material i) Live-stock

1.00/sack 1.00/case

1.00/case 1% of declared value

1% of declared value

20.00/head

8. Berthing Fee

a) Commercial Vessel

b) Municipal Vessel

P30.00/unit/docking 200.00/unit/day

20.00/unit/docking

100.00/unit/day

Owners of Vessel

9. Space Rental

a) Market & Stalls b) Land Rental

70.00/sqm./month 45.00/Sqm/month

Fish Port Lessees

10. Net Repair Fee 200.00 per day Owner of net

11. Water Fee a. 1.50/container (salt water)

b. 5.00/container (potable water)

Any person getting and/or fetching water from inside

the fish port

12.Accreditation Fee 200.00/Client/year with ID Any person who wishes to be accredited as fish port

client

Section 4C.04. Application for Accreditation. Any person who wished to

be accredited, as fish port clients shall file/apply at the office of Municipal Economic

Enterprise in the following form as contained herein; to wit



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TUKURAN MUNICIPAL FISH PORT

San Carlos, Tukuran, Zamboanga del Sur

APPLICATION FOR ACCREDITATION AND REGISTRATION

( ) Fish Broker ( ) Food Vendor ( ) Fish Viajero/dealer/trader ( ) Ice Producer/Supplier ( ) Fish Supplier/producer ( ) Arrastre & Stevedoring

Name: Tel. No.

Business Address: Tel. No. Home Address:

No. of Years in Business: Fishing Boat owned, if any: FOR FISHING BOAT OPERATORS:

Name of Boat Gross Tonnage Gear Average Catch/Mo.

1.

2. 3. 4.

FOR FISH DEALER/VIAJERO

Destination Mode of Transport Volume per shipment

1. 2.

3.

Name of Broker served and volume handled: Name of Broker Volume per Trip Rate of Commission

Terms of Payment (Continued in the next page.) APPROVED BY:


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1.

2. 3.

Name of Personnel/Representative authorized to enter the port premises:

Name Position

1. 2.

3.

Applicant

Date ATTACHED DOCUMENTS:

3. Current year Mayor’s Permit 4. Current year Business Permit

5. Certificate of Registration w/ picture 6. Income Tax Return (current and previous year) 7. Community Tax Certificate (current year)

Section 4C.05. Contract of Lease and Order of Payment. Award of

adjudication of newly constructed or vacant market stalls shall be made pursuant to the provisions of this Code. That after the award of any stall, room, booth, space, a

contract of lease shall be executed by the Municipal Mayor representing the Municipal Government and the awardee after the latter has complied with all other

requirements. The contract of lease/order of payment shall be substantially in the following form but may be modified to conform to the needs as contained herein:



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A. Contract of Lease

CONTRACT OF LEASE

TERMS AND CONDITIONS

1. The clients shall lease from Tukuran Municipal Fish Port (TMFP)

bays at Market Building marked measuring square meters for the month , 200 , effective

as shown in the location map attached hereto as Annex “A” and made integral part of this permit.

2. The CLIENT shall limit its operation/movement within the designated area

under the leased area and shall only utilize the extension upon written

consent from the LESSOR who will see to it the prescribed rates for rental of additional space is imposed.

3. The CLIENT shall use the leased premises exclusively for trading, sorting

and other related marine activities.

4. The CLIENT shall comply with laws, orders, and ordinances, as well as rules

and regulations promulgated by duly constituted authorities regarding the use, occupancy, sanitation and security of the leased premises. Failure to

comply the same shall be the sole responsibility of the CLIENT. Further, the CLIENT shall be responsible for the security of its goods within the outside leased premises.

5. The CLIENT shall comply with laws, orders, and ordinances, as well as rules

and regulations promulgated by duly constituted authorities regarding the use, occupancy, sanitation and security of the leased premises. Failure to

comply the same shall be the sole responsibility of the CLIENT. Further, the CLIENT shall be responsible for the security of its goods within and outside the leased premises.

6. The CLIENT shall not sub-lease the leased premises or any portion thereof

or assign its rights under any circumstances whatsoever without the express written approval of the LESSOR.



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7. The CLIENT shall be responsible and shall hold the LESSOR exempt and free

from any liability for any and all activities conducted therein.

8. The CLIENT warrant not to place inscriptions signs, painting and the like in the leased premises, which is contrary to law, public policy, morals and

good custom. The LESSOR reserves the right to prohibit, remove or order the removal or extension of the same without any liability for reimbursement of cost or value thereof.

9. The CLIENT shall provide the LESSOR a list of its employees and laborers

with access to the leased premises and the CLIENT shall be responsible for all acts and omissions of its employees and for any injury or damage which

may be caused to a person or property of third parties while remaining for any reason in any part of the leased premises when such damages is caused by the CLIENT, its employees, agents, representatives or guest.

10. The CLIENT shall pay real state taxes and all other taxes that may be

imposed by the Bureau of Internal Revenue (BIR) and local and/or national government agencies during the period of the leased premises.

11. The following shall be grounds for the termination of this permit without

need of judicial action:

a. Non-compliance by the CLIENT of any of the following: i. Cleanliness/sanitation of the leased premises;

ii. Rules and Regulations of the TMFP; iii. Pertinent laws and order set by the TMFP and other

government entities and instrumentalities.

b. Non-payment of rental and fees and charges for two (2) consecutive months;

c. Violation of any of the provisions of the terms and conditions of this permit.

12. The CLIENT shall pay a two (2) months deposit and one (1) month advance rental to the LESSOR upon the signing of this permit in the total of

Pesos only. The said deposit shall be refunded to the clients unless any accrued rentals, charges and damages or other

obligations shall have been incurred by the CLIENT, in which case, the deposit shall accordingly be charged.



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13. The CLIENT shall pay the LESSOR at Tukuran Municipal Fish Port the

monthly rental of SEVENTY PESOS (Php70.00) per square meter or TWO THOUSAND ONE HUNDRED PESOS (Php2,100.00) per bay or a total of

EIGHT THOUSAND FOUR HUNDRED PESOS (Php8,400.00) equivalent to four (4) bays at Market Hall Building.

14. All payments shall be made at the LESSOR’S at the Tukuran Municipal Fish

Port on or before the 20th day of each month without the necessity of

demand. Late payments shall be subject to a penalty of twenty five percent (25%) interest rate per month provided that the CLIENT fail to pay rental

for two (2) consecutive months, the permit to lease shall be deemed cancelled or terminated without need of judicial action.

15. The CLIENT shall abide with all terms and conditions of the Credit, Billing

and Collection policies of TMFP.

16. The failure of the LESSOR to insist upon a strict compliance with the

covenants and condition of this Permit to lease shall not be deemed a relinquishment or waiver of any right or remedy that the LESSOR may have

under this contract. Mo waiver shall be deemed to have made unless expressly made in writing.

17. Upon termination of this Permit, the CLIENT shall peacefully vacate its equipment until and after the obligations arising from this permit shall have

been fully settled and satisfied and to allow immediate occupation of the premises by the LESSOR including seizure of improvements and equipment shall become the properties of the LESSOR upon issuance of Notice to

Vacate, without need of any judicial action for ejection or attachment.

18. The CLIENT hereby warrants that it has not given or promised to give money or any other consideration to any official or employee of the LESSOR

to secure this permit, and that it agrees that upon proof of this warranty the LESSOR may terminate, resent and revoke this permit without need of judicial action.

19. The CLIENT agrees that should any dispute arise with respect to this Permit,

the venue of action shall be the proper courts in Pagadian City.



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20. This Permit of lease shall be for a period of two years effective

and renewable.

CONFORMED:

Duly represented in this act and referred to as the CLIENT by:

Operation Manager/Proprietor

RECOMMENDING APPROVAL: APPROVED:

Market Supervisor V Municipal Mayor Tukuran Municipal Fish Port LESSOR

B. Order of Payment



Tukuran Municipal Fish Port Complex Tukuran, Zamboanga del Sur

ORDER OF PAYMENT

Name of Client: No.

Address: Date:

Account No. Term: Last Date of Payment: Due Date:



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PREVIOUS BALANCE:

TOTAL CURRENT BALANCE:

BALANCE TO DATE:

QTY. DATE UNIT PARTICULAR P/UNIT AMOUNT

TOTAL AMOUNT TO BE PAID Php

Conformed: Received all Original A.S/copies Of OP No.

CLIENT Prepared by:

Approved:

Market Supervisor V



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ARTICLE D – LGU BEACH RESORTAND CONVENTION CENTER

Section 4D.01. Administrative Provision. The following shall be the Rules

and Regulations in using the LGU Beach Resort and Convention Center:

1. Reservations made earlier than three (3) days are entitled to 20% discount.

2. The customers are admitted to the Resort upon presentation of the Official

Receipt of pre-payment made at the Office of the Economic Enterprise.

3. In the event of outright request of customers for entry, especially during

weekends, holidays and night stay. The designated caretaker may issue cash tickets for the payments made and immediately enter into the official

logbook the name, address, signature, time-in/time-out.

4. In case of looters or vandals appearing to have caused/committed untoward

acts during his/her stay will be reported immediately to the office concern for appropriate action and shall be dealt with accordingly before the

Caretaker will issue clearance to leave the Resort.

5. Government Agencies, other than LGU of Tukuran on official business are not exempted from payment of rentals for the usage of Multi-Purpose Hall.

6. All facilities, equipments and supplies are not allowed to be brought outside the Resort Compound.

Section 4D.02. Imposition Fee. The following fee shall be collected on the

use of the LGU Beach Resort and Convention

A. The rate of rentals of LGU cottages inside the LGU beach compound is as

follows:

RATE FOR THE (1st 24 Hours)

ADDITIONAL RENT PER HOUR

OCCASION

Php 300.00 Php 10.00 (fixed checked

out time 12:00 noon the following day)

Ordinary days including Saturdays and Sundays



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Php 700.00

Php 10.00 (fixed checked

out time 12:00 noon the following day)

St. John’s feast, new year,

Easter Sunday and other similar special holidays

B. The rate of the LGU beach convention Hall is as follows:

RATE FOR THE

(1st 6 Hours)

ADDITIONAL RENT

PER HOUR OCCASION

Php 500.00 Php 100.00 per hour or a

fraction thereof

Meeting seminars and

other similar activities

Php 1,000.00 Php 200.00 per hour or a

fraction thereof

Wedding and other similar

activities

C. The rental rate per cottage of LGU Cottages outside the compound is as follows:

RATE FOR THE (1st 8 Hours)

ADDITIONAL RENT PER HOUR

OCCASION

Php 100.00 Php 15.00 per hour or a fraction thereof

Ordinary days


fraction thereof (Saturday and Sunday)


fraction thereof

St. John’s feast, new year, Easter Sunday and other

similar special holidays

D. The rental rate of the Fisherfolks and Farmers Training Hall inside the

compound is as follows:

RATE FOR THE

(1st 6 Hours)

ADDITIONAL RENT

PER HOUR OCCASION

Php 1,000.00 Php 200.00 per hour or a fraction thereof

Meeting seminars and other similar activities



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Php 2,000.00 Php 400.00 per hour or a

fraction thereof

Wedding and other similar

activities

E. The Chief Executive is given authority to enter into contract for the use of LGU Beach Resort facilities for the amount specified in this code.

ARTICLE E – SLAUGHTERHOUSE

Section 4E.01. Basic Policies. The following are the basic policies

governing the operation and management of the SLAUGHTERHOUSE; to wit:

1. There shall only be one public SLAUGHTERHOUSE in the Municipality of

Tukuran situated at Militar.

2. The SLAUGHTERHOUSE shall serve the need for a fast, efficient and

sanitary slaughtering facility in the Municipality of Tukuran, the neighboring municipalities and some parts of the country as well.

3. The SLAUGHTERHOUSE shall operate daily.

4. The SLAUGHTERHOUSE management shall ensure that only good animals

are slaughtered, and only sound, healthy and wholesome meat and offals are withdrawn and released there from.

5. The SLAUGHTERHOUSE management shall see to it that appropriate fees and charges are assessed and collected for the use of the government

facilities and services rendered.

6. All food animals brought to the SLAUGHTERHOUSE and deposited in the holding pen shall presume to be slaughtered in the immediately succeeding slaughtering schedule.

7. No animals shall be slaughtered without having been subjected to and

passed ante-mortem inspection, and no carcass and offals withdrawn and released from the SLAUGHTERHOUSE without having been subjected to inspection and marked PASSED.



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8. The animals are inspected on the day of slaughter and should be

inspected again if they have to stay longer.

9. Downers shall be treated as suspects.

10. Inspection fee shall be on a per inspection basis.

11. In the receiving and/or entry of animals into the holding pen and in the

released there from into the processing area, the principle of “First in, First Out” shall be applied and observed.

12. After the food animals are received and deposited in the holding pen, the Municipal Government assumes responsibility thereof until all carcasses

and edible offals are delivered to he owners at the public market and/or to those in other public markets within the municipality of Tukuran. If the food animals slaughtered are for home consumption, the carcass and

edible offals shall be claimed by the owners and released to them at the SLAUGHTERHOUSE after payment of all appropriate fees.

13. Animals found to have a disease or other infection during inspection shall be automatically denied entry into the holding pen and subjected to

processes established by the rules and regulations of the National Meat Inspection Commission (NMIC) so as to protect the health of the people

and to prevent contamination to other animals or spread of the diseases.

14. Infected or diseased meat shall immediately be confiscated, disinfected, and/or condemned to make certain that it will not be sold at the market and to prevent the spread of diseases.

15. Weighing of food animals shall be made prior to and after slaughtered

through the duly calibrated weighing scale at the SLAUGHTERHOUSE in order to establish a data base that may be made as basis for future policies and legislation and for other purposes.

16. All personnel at the SLAUGHTERHOUSE are required to tale seminars on

first aid and training on safety precautions, situation and proper meat handling.



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17. No carcass shall be released from the SLAUGHTERHOUSE without having

subjected to chilling process.

18. Buying of edible offals is no allowed in the SLAUGHTERHOUSE building and compound.

19. Meat left over and/or carcass or edible offals unsold during the day shall

be deposited at an adequate facility and should be subject for re-

inspection.

20. No meat or edible offals shall be allowed entry into SLAUGHTERHOUSE, except those slaughtered at the SLAUGHTERHOUSE and transported

through a government delivery van or through an accredited delivery van accredited by the Municipal Government and those deposited in the cold storage facility of the Municipal Government.

21. The slaughter of any food animal for sale to or consumption of the public

shall be it in lechon or other form shall be done only in SLAUGHTERHOUSE. The slaughter of animals intended for home

consumption except large cattle, maybe elsewhere, provided, that the animals slaughtered shall not be sold or offered for sale.

22. All endangered species of animals brought into the slaughterhouse for the purpose of butchering them, shall be confiscated immediately and the

animal turned over to the appropriate authority for proper disposal and protection accorded to all endangered animals.

23. Security, safety and order at the SLAUGHTERHOUSE shall be a basic concern. Management shall find and adopt ways and means o ensure

maximum security, safety and order thereat. Section 4E.02. Rules and Regulations. The following rules and

regulations shall be observed at the SLAUGHTERHOUSE, to wit:

1. Only SLAUGHTERHOUSE personnel and authorized butchers are allowed in

the processing area.



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2. During operations, all authorized personnel in the slaughterhouse are

required to wear their proper uniform and provide themselves with safety devices like head gear protector, gloves, anti slid shoes, body protector

and other similar devices.

3. Hoister, elevator, dehairing, machine, carcass lowerator, shackle lowerator railing and carcass dropper shall not be loaded beyond their capacity.

4. All equipment like machine, table, flatform, basic, pails, lavatories, cutting devices, saws and other instruments must be cleaned thoroughly after

using.

5. All electrical tools, instruments and machines shall be detached or

disconnected from the main power supply outlet after all the work is accomplished.

6. Suspected stolen animals brought into the SLAUGHTERHOUSE shall be confiscated immediately after and turned over to the proper authority.

7. No firearm is allowed in the SLAUGHTERHOUSE building and compound.

8. No gambling is whatever form shall be allowed in the SLAUGHTERHOUSE building and compound.

9. No persons are allowed inside the SLAUGHTERHOUSE except when they

are on educational or observation tour or otherwise authorized by the proper authority.

10. The SLAUGHTERHOUSE building or any portion thereof shall not be used as a sleeping or living quarter.

11. Smoking and loitering are strictly prohibited in the SLAUGHTERHOUSE

building and compound.

12. Liquors, beers, wine and other intoxicating drinks are prohibited inside the

SLAUGHTERHOUSE building and compound.

13. Drunk or any person or personnel and butcher under the influence of liquor are prohibited from making entry into the SLAUGHTERHOUSE building and compound.



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Section 4E.03. Permit to Slaughter. Before any food animal is slaughtered

for public consumption, a permit to slaughter shall be secured from the City/Municipal

Veterinarian or his/her duly authorized representative or a duly designated and authorized meat inspector by the Municipal Mayor in the absence of the veterinarian

or his/her duly authorized representative. Section 4E.04. Requirement for the Issuance of a Permit for the Slaughter of Large Cattle. Before the issuance of the permit to slaughter for large

cattle, the office of the SLAUGHTERHOUSE shall require the production of the Certificate of Ownership of the owner if said owner is the applicant, or original

Certificate of Ownership and the Certificate of Transfer showing title in he name of person applying for the permit if he/she is not the original owner.

Section 4E.05. Meat Inspection. All meat from food animals butchered at

the SLAUGHTERHOUSE shall be subjected to inspection by the Meat Inspector or any competent person duly authorized to do so, who shall decide as to the fitness of such

meat for human consumption. All such meat are inspected shall be properly stamped “PASSED” before transfer to any other public market outside the municipality.

Section 4E.06. Transfer of Meat from Slaughterhouse to Public Market. No meat for sale to the public shall be transferred from the

SLAUGHTERHOUSE to PUBLIC MARKET and other public market outside the Municipal Government of Tukuran except by means of a meat delivery van duly accredited by the National Meat Inspection Commission (NMIC) and the Municipal Government of

Tukuran.

Section 4E.07. Fees. There shall be imposed and collected at the

SLAUGHTERHOUSE fees for the following:

1. Ante-Mortem Inspection Fee. For the services in examining the

animals prior to slaughter to select for food animals which are adequately rested and are apparently free from diseases or abnormal

conditions; isolate for further examination diseased, suspected diseased, or suspected abnormal animals; prevent contamination of

personnel, premises and equipment by an animal suffering from a disease which is communicable; and gather information for post-

mortem inspection, diagnosis and judgment of carcass and offals;



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Type of Animals Amount/Head

Large Cattle Php 10.00

Hogs 5.00

Goats 5.00

Sheep 5.00

Others 3.00

2. Corral Fee – For the use of the yard prior to ante-mortem inspection,

weighing and entry into the holding pen. Payment is based on per head per day basis or fraction thereof:

Type of Animals Amount


Hogs 5.00

Goats 5.00

Sheep 5.00

Others 3.00

3. Holding Pen Fee. For the use of the facility in the lair age of animals

before the actual slaughter;

Type of Animals Amount


Hogs 5.00

Goats 5.00

Sheep 5.00

Others 3.00



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4. Permit Fee to Slaughter. Before any animal is slaughtered for

public consumption, a permit therefore shall be secured from the Municipal Health Officer concerned or his/her duly authorized

representative who shall determine whether the animal or fowl is fit for human consumption, thru the Municipal Treasurer upon payment

of the corresponding fees as follows:

Types of Animal For Public

Consumption Home

Consumption

Large Cattle per head Php 20.00 Php 20.00

Hogs per head 10.00 10.00

Goats per head 10.00 10.00

Sheep per head 5.00 10.00

Others 5.00 5.00

5. Post Mortem Inspection Fee. For services in inspecting all animals

to ensure detection of lesions and abnormalities, and to pass only meat and edible offals fit for food; all such meat and offals as are

inspected shall be properly stamped and/or marked before transport to the PUBLIC MARKET; the basis shall be the carcass weight.

Type of Animals Amount/Head


Hogs 20.00

Goats 20.00

Sheep 20.00

Others 10.00

6. Certificate or Ownership Fee. For the issuance of credential of ownership of large animals. Payment is Php 50.00 per head.

7. Transfer Certificate of Ownership Fee. For the issuance of credential of transfer of ownership of large animals; payment is Php

75.00 per head.



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8. Delivery Fee. For the use of the delivery van and services in

transporting the carcass and edible offals from the SLAUGHTERHOUSE to the PUBLIC MARKET and other public market outside the

municipality; the basis shall be the carcass weight;

Type of Animals Amount/kilo


Hogs 0.30

Goats 0.30

Sheep 0.30

Others 0.30

9. Slaughter Fee. For the services and use of facilities in the

slaughterhouse of food animals; the basis shall be the live weight of the food animal.

Types of Animal For Public and Home

Consumption/kilo

Large Cattle per head Php 0.75

Hogs per head 0.50

Goats per head 0.50

Sheep per head 0.50

Others 0.30

10. Delivery Fee. There shall be imposed and collected a delivery fee for

carcasses and edible offals of Php 0.30 per kilo from the SLAUGHTERHOUSE to PUBLIC MARKET an additional of Php 0.10 per

kilometer if carcass is to be transported outside the PUBLIC MARKET of Tukuran.

ARTICLE F. THE TUKURAN PUBLIC CEMETERY

Section 4F.01. Scope of Power. The provision of this Article shall apply to

the utilization, management and administration of the Municipal Cemetery of Tukuran, Zamboanga del Sur.



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Section 4F.02. Supervision and Administration. The supervision and

administration of the existing PUBLIC CEMETERY of Tukuran, Zamboanga del Sur

which is situated in Barangay Camanga which is 2 kilometers away from the Poblacion going northwest and which comprises a total land area of 2.5 hectares more

or less, is hereby manage by the Economic Enterprises Office. Section 4F.03. General Description. The Tukuran Municipal Cemetery is

located at Camanga, Tukuran, Zamboanga del Sur containing an area of Twenty Two

Thousand Forty One (22,041) square meters is hereby divided into the following sections:

1. The Family Park.

a. Family Park is situated at Southwest having a total area of One Thousand Four Hundred Eighty Eight (1,488) square meters. And the additional One

Thousand (1,000) square meters adjacent to memorial ground burial. b. Each lot shall be for sale in the amount of P1,500.00 per square meter

with an area of four by four (4 x 4) meters or sixteen (16) square meters per lot.

c. Every head of the family is entitled to a one family lot only.

d. The concerned owners shall be allowed to improve the acquired lot

provided that such shall be in accordance with the provisions of the

National Building Code of the Philippines as determined and shall be approved by the Municipal Engineer being the authorized Local Building

Official who shall issue the necessary Building Permit for such.

2. The Memorial Park.

a. The Memorial Park is situated at Southwest along inside perimeter of Family Park having a total area of One Thousand Four Hundred Forty Eight (1,448) square meters.

b. Each lot shall be for sale in the amount of Four Thousand Five Hundred

Pesos per square meter (P4,500.00) with an area of one by two (1 x 2) meters or two (2) square meters per lot.



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c. Despite that these lots shall be for sale, burial in this section of the

cemetery shall be assessed with Burial Permit Fee of Fifty Pesos (P50.00).

3. Memorial Ground Burial. It shall be constructed by the family of the dead.

They shall be assessed with Burial Permit Fee of Fifty Pesos (P50.00). It is a non-concrete, and with a marker.

5. Perimeter Cadaver Niches.

a. There shall be constructed concrete niches as fence of the new Tukuran Municipal Cemetery.

b. These niches for cadaver shall be provided and constructed by the Local

Government Unit.

c. There shall be a Burial Permit Fee of Fifty Pesos (P50.00) and rental fee

of Eight Thousand Five Hundred Pesos (P8,500.00) for 10 years. The concerned party before or during the internment shall pay the payment

for the rental.

d. Payment for rental shall be renewable after ten (10) years and payment of Two Hundred Pesos (P200.00) per annum shall be collected for the succeeding years. If the rental of the niches is stopped, niches is no

longer renewed, the cadaver or bones shall be transferred to the common bone depository or perpetual bone niches after due notice to the nearest

kin of the dead.

6. Perpetual Bone Niches.

a. There shall be constructed niches in the cemetery which shall be leased

in perpetuity to interested parties who wish to preserve in perpetuity the bones or cremated remains of their loved ones.

b. The concerned parties shall be charged with the following charges:

i. Five Hundred Pesos (P500.00) for the perpetual use of a particular

unit/portion of the Perpetual Bone Niches / Niches for cremated

remains.



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ii. Exhumation Fee of One Hundred Pesos (P100.00) for cadaver

exhumed from the New Tukuran Municipal Cemetery, or Burial Fee of Fifty Pesos (P50.00) for cremated remains and/or bones

from outside the New Municipal Cemetery of Tukuran. Leasing of the perpetual bone niches / niches for cremated remains shall

only be allowed when there shall be bones/remains ready to be entered.

7. Non – Residents Cadavers/Bones.

a. Non-Residents cadavers/bones are those cadavers/bones of people who

died outside the Municipality of Tukuran but were forever residents of the same or that their families are still residing in this municipality.

b. Are those cadavers/bones of people who died outside the municipality of

Tukuran and intend to be buried at New Tukuran Cemetery will be

charged with 50% higher that the prescribed rate, or rentals, burial fees and transfer of cadavers/bones on Niches, grave lots Memorial Park and

perpetual niches for bones.

8. Common Bone Remains Depository. There shall be constructed a concrete structure to contain all excavated, extracted and exhumed bones and skulls, otherwise not deposited in the perpetual bone niches. Remains

deposited in the common Bone Depository shall perpetually remain therein and shall not be brought outside unless authorized by the Municipal Health

Officer after payment of the corresponding fees as well others as provided for in the Code or such other ordinances hereafter be enacted by the Sanggunian. This section shall include remains from both the old and new

cemeteries.

Section 4F.04. Grave Markings. Specified markings shall be allowed in

graves subject to the following:

a. For non-concrete or Earth Memorial Ground. Burial section, only concrete cross or acceptable marking bearing the name of the dead, date of birth

and date of passing shall be allowed to be erected.

b. For the Memorial Park. Burial only the tombstone or lapida shall be

allowed to mark the grave of the dead bearing his or her name and such other important information or a short eulogy for his or her honor.



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c. For concrete niches and the perpetual bone niches only lapida shall be

allowed to mark the grave.

Section 4F.05. Burial Permit. No cadaver shall be allowed to be entered or

buried in the New Tukuran Municipal Cemetery unless a Burial Permit presented to the

Cemetery Caretaker.

Section 4F.06. Exhumation and Transfer of Bones.

a. No exhumation and transfer of bones or cadavers to any place outside the cemetery is allowed unless a permit is secured from the Municipal

Health Officer which shall be presented to the Cemetery Caretaker. In this case, an Exhumation Fee of One Hundred Pesos (P100.00) and Transfer Fee of One Hundred Pesos (P100.00) shall be assessed.

b. Written notice of exhumation or transfer of cadavers or bones shall be

given by the Office of the Municipal Treasurer to the concern family of the dead in time when such exhumation/transfer is so required or in such case when the lease of the particular section of the cemetery shall

expire. In cases where there will be no known family or any concern party who can be notified, said notice shall be published and posted in

conspicuous places in the municipality. Sixty (60) days after the notice was served and/or published, the authorized party to exhume may

proceed the exhumation. In cases where the family would like to make the exhumation, they shall make arrangement with the Local Government Unit through the Office of the Municipal Health Officer and

the Office of the Municipal Treasurer. Section 4F.07. Exposed Bones. Bones exposed to view or placed inside

containers other than concrete vaults are not allowed inside the new Tukuran

Municipal Cemetery. The Office of the Municipal Treasurer or the authorized representatives are authorized to gather those bones and be placed in the common

Bone Depository. Section 4F.08. Prohibition of Animals Inside the Cemetery. Owners of

animals shall not be allowed to pasture or bring inside the New Municipal Cemetery

any animals. Any animal found inside the cemetery is considered astray and shall be dealt with in accordance to existing laws and ordinances of the municipality.



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Section 4F.09. Administration of the Municipal Cemetery. The Office of

the Economic Enterprise shall exercise direct supervision, administration and control

over the Tukuran Cemetery and all personnel thereof. All payments shall be made to and collected by the Office of the Municipal Treasurer. All collection shall accrue to the

Municipal Treasury under the Special Fund. Section 4F.10. Celebration or Festivity. Celebration or festivity

commemorating the souls of loved ones buried in this cemetery other than All Soul’s

Day or All Saint’s Day maybe held inside the cemetery upon the due permit from the Office of the Municipal Mayor. Section 4F.11. Usage of Electricity.

a. Use of electricity in the cemetery during festivities commemorating the

souls of loved ones such as during All Soul’s Day or All Saint’s Day shall

be free of charge and shall be borne by the Local Government Unit.

b. Use of electricity other than the occasions cited above such as picnics, vigils, and the like to commemorate the souls of loved ones shall be charged with Fifty Pesos (P50.00) per day or a fraction thereof. Provided

that a permit to conduct such activities had been secured from the Office of the Municipal Mayor.

c. Use of electricity for structures in the Memorial Park such as sheds,

mausoleums and the like shall be charged Fifty Pesos (P50.00) per month.

Section 4F.12. Makeshift Structure. Makeshift structures such as tent,

pala-pala, hut, and the like which is temporary in nature shall be allowed to be installed by the family of the dead during burial, visitation, celebration and festivity. In no case that this shall be allowed installed after the period of the holding of such

events, especially when such will be established as a dwelling of vagrant. Furthermore, permanent structures for shading purposes are not allowed to be

constructed in the Memorial Ground Burial and Niches for cadavers.



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Section 4F.13. Curfew. There shall be established curfew for the visitation to

the grave. The gate of the cemetery shall be opened at 6:00 o’clock in the morning

and shall be closed at 6:00 o’clock in the evening. However, in cases falling under Section 19, there shall be no curfew. Furthermore, the gate of the cemetery shall

likewise be opened for those that will use the chapel of the cemetery for wake and vigil purpose, and for delayed burial especially in cases where the dead comes from the interior barangays.

Section 4F.14. Use of the Cemetery Chapel. The use of the Cemetery

Chapel for wake, vigil, necrological services and the like shall be allowed after securing a permit from the Office of the Municipal Mayor.

Section 4F.15. Application for Lease of Cemetery and the Contract of Lease. After payments of required fees, applicant shall apply for lease of cemetery

and a contract of lease which shall be executed by the Municipal Mayor representing

the Municipal Government duly recommended by the Economic Enterprises Manager and the awardee after the latter has complied with all other requirements. The

contract of lease shall be substantially in the form but may be modified to conform to the needs of a particular cemetery.

1. Application for Lease of Cemetery

APPLICATION FOR LEASE OF CEMETERY

I hereby apply for a permit to lease a cemetery lot at the Municipal Cemetery, . I will comply all existing laws, ordinances, and regulations pertaining

thereto. Name of Applicant:

Address: Name of Deceased Person: Adult:

Child: Date of Burial Internment: Date of Expiration: To be renewed every five (5) years

Amount: Php O.R. No.

Residence Cert. No. Applicant Date Issued:

Place Issued:

TIN:



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2. Agreement for Sale on Installment of a Family Park

AGREEMENT FOR SALE ON INSTALLMENT OF FAMILY PARK

KNOW ALL MEN BY THESE PRESENTS:

This agreement made and entered into by and between , Filipino citizen, of legal age, single/married, with residence postal address at Filipino

citizen at , Tukuran, Zamboanga del Sur herein after known as PARTY OF THE FIRST PART, and the Municipality of Tukuran, represented herein by the Municipal Mayor herein by the Municipal Mayor herein known as PARTY OF THE SECOND

PART.

WITNESSETH:

1. That for and in consideration of the sum of Twenty Four Thousand Pesos

(Php24,000.00) Philippine Currency, to be paid as hereinafter Provided, the PARTY OF THE SECOND PART hereby agree to sell unto the PARTY OF THE FIRST PART, the following describe parcel of land.

A parcel of land with an area of Four by Four (4x4) meter of

sixteen (16) square meters of a Family Park situated at the Southwest having a total area of one thousand four hundred eighty eight (1,488) located at Barangay Panduma Sr., Tukuran, Zamboanga del Sur.

2. That said PARTY OF THE FIRST PART hereby agrees to purchase said premises at said

consideration of Twenty Four Thousand (24,000.00) Philippine Currency, and to pay the same as follows:

a. Upon the execution of this agreement the sum of Six Thousand Pesos (6,000.00) Philippine currency, and to pay the same as follows:

b. That the PARTY OF THE FIRST PART hereby obligates himself to pay the remaining balance of Eighteen Thousand Pesos (Php18,000.00) Philippine currency of ten

(10) installment basis for five (5) years in the amount of One Thousand Eight Hundred Pesos (Php8,000.00) semi-annually starting from the execution hereof.

c. That failure to pay the amount of One Thousand Eight Hundred Pesos (Php1,800.00) the PARTY OF THE FIRST PART shall pay twenty five percent (25%)

surcharge/interest to the PARTY OF THE SECOND PART for non-payment after six months and every succeeding six months;



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d. That the said lot is strictly not transferable and the PARTY OF THE SECOND PART

will issue Certificate of Ownership to the PARTY OF THE FIRST PART after full payment is made as scheduled above;

3. That the PARTY OF THE FIRST PART shall be allowed to improve the acquired lot

provided that such shall be in accordance with the provisions of the National Building

Code of the Philippines as determined and approved by the Municipal Engineer being the Authorized Local Building Official who shall issue the necessary Building Permit for

such. 4. That the PARTY OF THE FIRST PART hereby agrees to transfer the bones of the

remains of his/her love ones to the Common Bone Remains Depository of non-payment of the due three (3) years after the termination of the agreement with due

notice to the nearest kin shall be forfeited in favor to the municipal government and consider the same as vacant and open for sale to any interested party.

IN WITNESS WHEREOF, the said parties have hereunto set their hands this day of 200 at Tukuran, Zamboanga del Sur, Philippines.

PARTY OF THE FIRST PART Municipal Mayor

PARTY OF THE SECOND PART


ACKNOWLEDGMENT

Republic of the Philippines ) Province of Zamboanga del Sur ) Municipality of Tukuran )



Municipal Mayor






BEFORE ME, a notary public for and in the Province of Zamboanga del Sur, this

day of 200 personally came and appeared with Residence Certificate No. issued on

at and with Residence Certificate No. issued on at respectfully, known to me and to me known to be the same person

who executed the foregoing instrument which they acknowledge before me as their free and voluntary act and deed.

Notary Public

Doc. No. Page No. Book No.

Series of

3. Agreement for Sale on Installment of a Memorial Park

AGREEMENT FOR SALE ON INSTALLMENT OF MEMORIAL PARK

KNOW ALL MEN BY THESE PRESENT:

This agreement made and entered into by and between , Filipino citizen, of legal age, single/married, with residence postal address at

, Tukuran, Zamboanga del Sur herein after known as PARTY OF THE FIRST PART, and the Municipality of Tukuran, represented by the Municipal Mayor hereinafter known as PARTY OF THE SECOND PART;

WITNESSETH:

1. That for and in consideration of the sum of Two Thousand Pesos (Php2,000.00) Philippine currency, to be paid as herein after provided the PARTY OF THE SECOND

PART hereby agrees to sell unto the PARTY OF THE FIRST PART the following described parcel of land:

A parcel of lot with area of one by two (1 x 2) meters of two (2) square meters situated at southwest along inside perimeter of

Family Park at Barangay Panduma Sr., Tukuran, Zamboanga del Sur.



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2. That the said PARTY OF THE FIRST PART hereby agrees to purchase said premises at

said consideration of Two Thousand (Php2,000.00) Philippine currency from the PARTY OF THE SECOND PART according to the conditions enumerated hereunder;

a. That the payment of Two Thousand (Php2,000.00) Philippine currency shall be

made upon the execution of this agreement before internment of the deceased

person;

b. That despite this lot is for sale, burial in this section shall be assessed with Burial Permit Fee of Fifty Pesos (Php50.000);

c. That only the tombstone or lapida shall be allowed to mark the grave bearing information or a short eulogy to honor the deceased;

d. That the said lot is strictly not transferable and the PARTY OF THE SECOND

PART will issue Certificate of Ownership to the PARTY OF THE FIRST PART.

IN WITNESS HEREOF, the said parties have hereto set their hands this day

of , 200 at Tukuran, Zamboanga del Sur.

PARTY OF THE FIRST PART Municipal Mayor PARTY OF THE SECOND PART


ACKNOWLEDGMENT

Republic of the Philippines )

Province of Zamboanga del Sur ) Municipality of Tukuran )

BEFORE ME, a notary public for and in the Province of Zamboanga del Sur, this day of 200 personally came and appeared

with Residence Certificate No. issued on at and with

Residence Certificate No. issued on at respectfully, known to me and to me known to be the same person who executed the foregoing instrument which they acknowledge before me as their free and

voluntary act and deed.



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Notary Public Doc. No. Page No.

Book No. Series of

4. Lease Contract Agreement of a Cadaver Niche

LEASE CONTRACT AGREEMENT OF A CADAVER NICHE

KNOW ALL MEN BY THESE PRESENT:

That this Lease of Contract Agreement is made and entered by and between: The Municipality of Tukuran, Province of Zamboanga del Sur represented in this

instrument by its Municipal Mayor hereinafter called the LESSOR:

And

The family of represented in this instrument by

with residence and postal address at , Tukuran, Zamboanga del Sur hereinafter called the LESSEE

WITNESSETH

That the LESSEE shall pay and agreed to lease Perimeter Cadaver Niche within the Municipal Cemetery site:

That the LESSEE shall pay the LESSOR according to the conditions enumerated hereunder;

1. That the payment of Php2,600.00 shall be made upon signing of this Lease

Contract of Agreement before internment of the deceased person.

2. That the LESSEE shall renew the rental after ten (10) years and payment of

One Hundred Pesos (Php100.00) per annum for the succeeding years.



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3. If the rental of the niches is no longer renewed, the cadaver or bones shall

be transferred to the common bone depository of perpetual bone niches after notice to the nearest kin of the deceased.

IN WITNESS WHEREOF, the parties hereto set their hand this day of

, 200 at Tukuran, Zamboanga del Sur.

Municipal Mayor LESSEE

LESSOR


ACKNOWLEDGMENT

Republic of the Philippines ) Province of Zamboanga del Sur ) Municipality of Tukuran )

BEFORE ME, a notary public for and in the Province of Zamboanga del Sur, this

day of 200 personally came and appeared with Residence Certificate No. issued on at and with

Residence Certificate No. issued on at respectfully, known to me and to me known to be the same person who executed the foregoing instrument which they acknowledge before me as their free and

voluntary act and deed.

Notary Public Doc. No.

Page No. Book No. Series of



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5. Certificate of Ownership


Province of Zamboanga del Sur Tukuran, Zamboanga del Sur

OFFICE OF THE MUNICIPAL MAYOR

CERTIFICATE OF OWNERSHIP

No.

This is to certify that the account

Of has been fully paid on

we hereby grant the complete ownership:

One (1) unit Total area Reference Tukuran Municipal Cemetery

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Section 4F.16. Renewal Fee. There shall be imposed the amount of Php

200.00 as renewal fee for the lease of contract. The period covered for the contract is

five (5) years and renewable every five (5) years thereafter. Non-renewal of the lease of contract after three (3) written notices shall subject the exhumed skeletal remains/bones for transfer into the common bone depository.

Section 4F.17. Common Bone Depository. A common bone depository

shall be provided which will serve as a common depository area for unclaimed exhumed skeletal remains.



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Section 4F.18. Joint Venture. To provide better services and income, the

Municipality may construct or may engage in a joint venture with other agency/entities

on the development and management of a new public cemetery/memorial park subject to an authority from the Sanggunian and an enactment of a new ordinance

appertaining thereto.



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CHAPTER 5 – GENERAL FISCAL ADMINISTRATION

ARTICLE A – FISCAL MANAGEMENT

Section 5A.01. Financial Management. The Economic Enterprises financial

management which includes revenues collection, expenditures/disbursements and

control shall be governed by the existing Government Accounting and Auditing Rules and Regulations. Section 5A.02. Collection of Fees. All collection of fees, rentals and

charges from the operations, management and administration of he Economic Enterprises shall constitute a separate account for the Economic Enterprises and as such to be utilized for its operational expenses, improvements and other relevant

administration expenses for and for its debt servicing requirements. Payment for amortization and interest shall be included as expenses in the determination of the net

income from the operation of the Enterprises. Section 5A.03. Occupancy Fee. An Occupancy Fee of Two Thousand

(Php2,000.00) Pesos shall be imposed to the qualified new occupant of any of the

stall, booth/space of the Enterprises. Section 5A.04. Arkabala. All Arkabala shall be collected by the Enterprises

authorized Revenue Collectors and shall form part in the Enterprises income.

Section 5A.05. Disbursement. All disbursements in payrolls and vouchers

shall be signed by the Economic Enterprises Manager then the Municipal Budget Officer on its appropriation, the Municipal Accountant for obligation and proper

recording, the Municipal Treasurer on its availability of funds, and approved by the Municipal Mayor before payment could be effected.

Section 5A.06. Approved Disbursement. All approved disbursements in

the Economic Enterprises operations shall be paid by the Municipal Treasurer or his/her duly authorized cashier/s and disbursing officer/s, in case, Economic

Enterprises collectors are not allowed to disburse their collections to any approved disbursement regarding payment in relation to Economic Enterprises operations.



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Section 5A.07. Mode of Collection:

1. Whenever possible and appropriate all mode of imposition and collection of fees, awarding of stalls, building, booths/spaces, and foreclosure shall be

uniform in all Economic Enterprises activities.

2. All fees and charges in the operation of the Enterprises shall be

accompanied by official receipt issued by the Enterprises authorized Revenue Collectors.

3. All collections made shall be liquidated daily if such collections are made in a

daily basis and monthly if on a monthly by the authorized Revenue

Collectors and shall be deposited immediately at government official depository bank.

4. All Enterprises Revenue Collectors shall be required to get a bond at the

Bureau of Treasury. 5. All requisitions for accountable forms to be used in the operation of the

Enterprises shall be coursed through the Municipal Treasurer at cost with its corresponding invoice receipts.

6. All financial reports shall be furnished to the Municipal Accounting Office,

Municipal Treasurer’s Office and to the appropriate offices concerned for reference, checking and reconciliation purposes.



Municipal Mayor






CHAPTER 6 – PENAL PROVISIONS

ARTICLE A – PENALTY FOR PROHIBITED ACTS, CANCELLATION OF LEASE AND EJECTMENT, SELLING OF CONFISCATED GOODS, WEIGHTS

AND MEASURES, AND 25% SURCHARGE PENALTY

Section 6A.01. Penalty for Prohibited Acts. Any person or persons

violating, or causing, inducing or abetting the violation of any prohibitory provisions of

this code shall upon conviction of the court suffer the imprisonment of one (1) month or a fine not exceeding One Thousand (Php1,000.00) Pesos or both at the discretion of the court and in case of recidivism, the imprisonment not more than six (6) months

or a fine ranging from Two Hundred (Php200.00) Pesos to Two Thousand (PHP2,000.00) Pesos or both at the discretion of the Court.

Section 6A.02. Cancellation of Lease and Ejectment. Any violation of

this Code shall be sufficient cause for the revocation or cancellation of a stallholder/vendor’s lease of contract or the right to occupy a stall, building, room,

booth or space in the economic enterprises, except the Municipal BEACH RESORT AND CONVENTION HALL, PUBLIC CEMETERY and SLAUGHTERHOUSE, and his/her

ejectment there from. Any such stallholder or vendor whose lease right or right occupancy has been cancelled or revoked, or who has been ejected from the stall, building, room, booth or space he/she is leasing or occupying, cannot anymore occupy

any stall, building, room, booth or space in the economic enterprises of the Municipality in the future.

Section 6A.03. Selling Confiscated Goods. Any law enforcement officer

or Economic Enterprises Security Guard who confiscates goods from any vendor, ambulant or otherwise, and sells or offers those goods for sale by himself or through a

third person/persons, shall upon conviction of the court, suffer:

1. The fine of Five Hundred (Php500.00) Pesos or imprisonment of one (1)

month, or both at the discretion of the Court, if the value involved does not exceed Two Hundred (Php200.00) Pesos.



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2. The fine of One Thousand (Php1,000.00) Pesos or imprisonment of two (2)

months or both at the discretion of the Court, if the value involved is more than Two Hundred (Php200.00) Pesos, but does not exceed Six Thousand

(Php6,000.00) Pesos.

3. The fine of One Thousand Five Hundred (Php1,500.00) Pesos or imprisonment of three (3) months, or both at the discretion of the Court, if the value involved is more than Six Thousand (Php6,000.00) Pesos but is

less than Twelve Thousand (Php12,000.00) Pesos.

4. The fine of Two Thousand (Php2,000.00) Pesos or imprisonment of four (4) months or both at the discretion of the Court, if the value involved is more

than Twelve Thousand (Php12,000.00) Pesos but is less than Twenty-two Thousand (Php22,000.00) Pesos.

5. In all cases, persons guilty of selling or offering to sell confiscated goods shall indemnify the owner of the goods or a fine equal to the total value of

the goods confiscated and sold or offered to be sold. The failure of any law enforcement officer or economic enterprises security guard who confiscated

goods from any vendor, ambulant or otherwise, to render accounting of confiscated goods, shall be prima facie evidence that he/she has sold the unaccounted goods.

Section 6A.04. Weights and Measures. Any stallholders found violating

the provisions of existing laws regarding weights and measures shall; for first offense, be fined One Thousand (Php1,000.00) Pesos and required to correct any deficiency in

said weights or measures, for the second offense, be fined Two Thousand Fifty (Php2,050.00) Pesos and for the third offense, shall be revocation of lease contract

and ejectment from the stall, building, room, booth or space he/she occupied. Section 6A.05. 25% Surcharge. Any stallholder who fails to pay the rental

within the specified prescribed grace period shall pay of 25% interest per month to

the rent due and demandable.



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CHAPTER 7 – TRANSITORY PROVISIONS

ARTICLE A – TRANSITORY PROVISIONS

Section 7A.01. Transport Terminal. A separate Ordinance pertaining to the entry of

jeepneys, multicab/filcab in the TRANSPORT TERMINAL shall be enacted anytime when the Sangguniang Bayan of Tukuran deems it necessary or upon recommendation of the Board.

Section 7A.02. Night Market. A separate Ordinance pertaining to the establishment of

the Night Market of the Municipality of Tukuran by the Sanggunian, which such Night Market shall form part of the Municipal Economic Enterprises.

Section 7A.03. Applicability Clause. Any resolutions, regulations, ordinance or law

consistent with this code, shall be valid and form part and supplementary to this code.

Section 7A.04. Separability Clause. If for any reasons, any part or provisions of this

code shall be held to be unconstitutional or invalid, other parts or provisions hereof which are not affected thereby shall continue to be in full force and effect.

Section 7A.05. Repealing Clause. All existing ordinances relative or covering the

herein Economic Enterprises of the Municipality prior to the enactment of this code and other resolutions, and rules/regulations or parts thereof, inconsistent herewith are hereby repealed or modified accordingly.

Section 7A.06. Effectivity Clause. This code shall take effect fifteen (15) days after

its publication in one (1) newspaper of general circulation in the Province of Zamboanga del Sur.

Enacted this 22nd

day of December 2008 during the 71st regular session of the 15

th Sangguniang

Bayan of Tukuran, Zamboanga del Sur, Philippines.

I hereby certify to the correctness of the foregoing ordinance.

NOE C. GOZALO

ATTESTED BY: Municipal Secretary

CEASAR C. ROTA

Municipal Vice Mayor

APPROVED BY:


Municipal Mayor Date

municipal ordinance no -...

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