(to receive a copy of this ordinance in Microsoft Word format, send an e-mail to ordinansa@gmail.com)
Project Note: This proposed ordinance was approved by the Sangguniang Panlungsod last 12 February 2008 but is still not signed but the Mayor and may still be sent back to the Sangguniang Panlungsod for further consultations
FINAL COPY (as approved 12 February 2008)
An Ordinance Declaring Plaza Quince Martires a Hallowed Ground, Prescribing Rules for its Use and Maintenance, and Penalizing Violations Thereof
Authored by Councilor Nathan Sergio
Be it ordained by the Sangguniang Panlungsod of the City of Naga, that:
Section 1. Title. This ordinance shall be known and cited as the “Plaza Quince Martires Ordinance”;
Section 2. Definition of Terms – As used in this ordinance,
The term Plaza Quince Martires shall refer to the existing public plaza located at Barangay San Francisco, Naga City where the Monument for Bicol’s Fifteen Martyrs is erected, bounded by Peñafrancia Avenue and the streets of Padre Burgos, Elias Angeles and Arana, and containing an area of 1,445 square meters, more or less;
The term Hallowed Ground shall describe the Plaza Quince Martires in a secular sense, that said plaza be accorded with utmost care and respect especially the monument erected in honor of Bicol Fifteen Martyrs;
The term Commercialization shall refer to any situation that tends to make the plaza a virtual place for trade and commerce whereby one can introduce, advertise or promote a product or products, or any business company, by way of mere display or outright sale of product, or perform other marketing strategies;
The term Product shall refer to any good or service which can be bought and sold. The term embraces basic commodities, merchandises of either raw materials or finished goods, and services including insurance products and memorial plans.
The term Vandalism shall refer to any defacement or destruction of a structure or a symbol, or any act that willfully damages property. As contemplated in this Ordinance, vandalism are those undesirable acts like making graffiti, spray painting, cutting of trees, breaking of lighting bulbs, placing glue on benches, and other similar behaviours.
The term Special Days shall refer to specific days recognized, nationally and/or locally, as having historical significance.
Section 3. Scope. This ordinance shall cover all acts and activities affecting the monument and all the improvements inside the Plaza Quince Martires.
Section 4. Declaration of Policy. The City of Naga hereby declares the Plaza Quince Martires as a hallowed ground, dedicated to the fifteen (15) Bicol martyrs whose execution and torture flamed the cause of Philippine Revolution in the Bicol Region. As such, the plaza shall be accorded honor and respect at all times by everyone.
Section 5. Principles. The Plaza Quince Martires shall be governed by the following principles, to wit:
5.1 The plaza shall be clear, free and a wholesome place for the enjoyment of all residents and visitors, of present and future generations.
5.2 The plaza shall be used by the public, with reverence to the fifteen named martyrs who represent the many other unnamed Bicolanos who fought for our freedom and independence.
5.3 The plaza shall be free from any form of commercialization.
5.4 The plaza shall be considered and promoted as the official landmark of Naga City, the acknowledged Heart of Bikol.
Section 6. Permitted Uses. The Plaza Quince Martires may be used for rest and rescreation purposes. It may also be used for temporary activities with humanitarian causes (i.e. blood donations, public assistance, lost-and-found, free medical/dental check-ups, relief operations, and the likes), for exhibits of historical pictures/documents/ornaments, for mere display of indigenous products except deadly weapons, for artistic and cultural presentations, and for holding mass physical fitness exercises; Provided, that a permit for holding them is first secured from the Office of the City Mayor.
Section 7. Prohibited Acts. The following acts shall constitute violations of this Ordinance, to wit:
7.1 Committing any form of vandalism on the monument itself, or putting anything that tends to desecrate it; altering its physical appearance not in accordance with Section 12 hereof; and other similar acts;
7.2 Putting anything that will obstruct or cover the view of the monument, or anything extraneous to the Plaza that includes, but not limited to, any kind of structures, signages, unauthorized streamers or bantings and the likes;
7.3 Vandalism on the various plaza improvements that include its lighting system, benches, other structures, and landscape;
7.4 Any activity that promotes trade and commerce within the plaza, whether using any booth or not;
7.5 Using the plaza as area for parking any kind of vehicle, or for conduct of sports tournament, or for holding any game of chance including bingo socials and raffle draws, or for operating videoke or conducting sing/dance contest; doing anything that shows incivility and violates public morals and customs.
Section 8. Exceptions. The following shall constitute exceptions to the prohibitions enumerated above, to wit:
8.1 Location of Streamers. For the time being, streamers may be installed only at the two side entrances along Peñafrancia Avenue and Elias Angeles Street, in-between the standing lady statues where the streamer/s may be attached by rope. In the future, streamers shall be placed only at the designated areas within the plaza, once their locations and the poles’ designs have been finalized, constructed and ready for use.
8.2 When Streamers are Allowed. For special days like the Quince Martires Day (January 4), Araw ng Kagitingan (April 9), Philippine Independence Day (June 12), Naga City Charter Day (June 18), last Sunday of August (National Heroes Day), Aldaw nin Katalingkasan (September 19), Raul Roco Day (October 26), Bonifacio Day (November 30), and Rizal Day (December 30), the streamers may be hanged one (1) week before and one (1) week after the commemoration day. For other activities allowed in Section 6 hereof and duly approved by the City Mayor, the streamers may be installed a day before the activity and shall be removed immediately right after the activity. For streamers welcoming certain dignitary, they shall be installed one day before his/her arrival and shall be dismantled a day after he/she have left the city.
8.3 Location of Booths. When booths are installed according to the permitted use and duly approved by
the City Mayor, they shall be located more than five (5) meters away from the base of the monument and never on the side entrances of the plaza, and they shall be no taller than eight feet in height and not big enough to obstruct the monument’s view.
8.4 During Rallies. Aside from the streamers to be installed at the designated area, the organizer may lay placards around the base of the monument but not putting them on the surface of the monument using any kind of adhesive, and they must all be removed immeditely right after the rally or protest action.
8.5 During Peñafrancia Fiesta. Unintentional destruction of plaza landscaping during the annual Peñafrancia Fiesta celebration shall be tolerated due to the multitude of people, mostly visitors, using the plaza both as a resting place and viewing area.
Section 9. Applicability of Ordinance No. 2006-014. All provisions of the “Ordinance Establishing Freedom Park in the City of Naga”, which designates Plaza Quince Martires as a freedom park -- shall remain applicable and in full force and effect.
Section 10. Plaza Maintenance and Upkeep. To make Plaza Quince Martires a wholesome place, concerned City Hall offices, in addition to their existing mandates, shall have the following tasks, namely:
10.1 The Environment and Natural Resources Office (ENRO) – maintenance of cleanliness, landscaping and beautification; and designation of city hall personnel to regularly perform the stated function, empowering said personnel to dismantle, remove or confiscate any unauthorized booth or streamer;
10.2 The City Engineer’s Office (CEO) – re-painting of the monument every two-year period or shorter when necessary; and to do other needed construction works;
10.3 The General Services Department (GSD) – procurement of Philippine Flag and Naga City Seal to ensure their permanent display at the plaza; installation and maintenance of lighting system, ensuring all lamp posts and spot lights directed towards the monument and the flags are in order and functional all the times.
The Department Heads of these offices shall be held responsible for the tasks above-mentioned, and with the City Administrator, or in his absence, the Secretary to the Mayor, providing the overall coordination and monitoring function.
To ensure regular maintenance and upkeep of the plaza, an amount of One Hundred Thousand Pesos (P100,000.00) shall be appropriated in the city’s Annual Budget, which must be increased as need arises. For this year, the amount as are necessary for the maintenance and upkeep of the plaza shall be sourced from the existing appropriation under LDF’s Urban Development and Greening Fund.
Section 11. Display of Philippine Flag and the Naga City Seal. The Philippine Flag and the Naga City Seal shall be permanently hoisted and displayed on flagpoles in the plaza, day and night, throughout the year. At night, these flags shall be properly illuminated. These flags shall be replaced immediately when they begin to show signs of wear and tear . The other rules for proper display and use of the Philippine National Flag shall be consistent with the R.A. 8491 and the flag protocol prepared by the National Historical Institute.
These flagpoles shall be installed at a prominent place and shall be at such height as would give the National Flag and the Naga City Seal a commanding position in relation to the Quince Martires Monument and the other structures/improvements in the vicinity. They must be straight and slightly tapering at the top. The location and design of these flagpoles shall be in accordance with Section 12 hereof.
The flagpole for the National Flag must be taller than that of the Naga City Seal, but must not be of equal height nor taller than the Independence Flagpole at the Rizal Park in Luneta (107 feet).
Section 12. Role of Local Historians and the National Historical Institute (NHI). Local historians shall be consulted in all matters concerning Plaza Quince Martires. Any proposed change or improvement thereon (like the change in the color scheme of the monument, the change of lamp posts design, the change of the landscaping, location and design of posts for streamers, etcetera), shall be in consultation with at least one recognized historian, or a cultural/historical group, and/or the National Historical Institute (NHI).
Section 13. Role of Civil Society. The Civil Society – people from the socio-civic clubs, the non-government organization (NGOs), the people’s organizations (POs), the cause-oriented groups, the professional groups, the academe and the business community – is hereby enjoined to observe the proper use of the Plaza and is encouraged to partner with the City Government for its beautification and maintenance and in promoting the Plaza as a hallowed ground.
Section 14. Role of Media. Members of the local media are hereby mandated to disseminate as widest as possible the details or the salient features of this Ordinance, and they are likewise encouraged to promote the Plaza as a hallowed ground in Bicol.
Section 15. Role of Barangay Council of San Francisco. The Barangay Council of San Francisco is enjoined to regularly provide Barangay Tanods who will assist policemen and other law enforcers maintain peace and order in the plaza and its vicinity.
Section 16. Nagueños as Stewards. Every Nagueño is hereby called upon to become a steward of the Plaza and is encouraged to observe and ensure observance of this Ordinance.
Section 17. Penalty Clause. Any person found violating the provisions of Section 7 shall be penalized accordingly, to wit:
For violation of Section 7.1 hereof, the violator shall pay the cost of repair or restoration works of the monument, to be determined by the City Engineer’s Office. In addition thereto, the violator shall be charged One Thousand Pesos (P1,000.00) as administrative fine for the First Offense; Three Thousand Pesos (P3,000.00) for the Second Offense; and Five Thousand Pesos (P5,000.00) for the Third Offense.
For violation of Section 7.2 hereof, the violator shall pay an administrave fine of Five Hundred Pesos (P500.00) for every piece of obstruction, aside from the probable dismantling and confiscation of the same;
For violation of Section 7.3 hereof, the violator shall pay the cost of repair or restoration works of vandalized improvement, to be determined by the City Engineer’s Office. In addition thereto, the violator shall pay the administrative fine of One Thousand Pesos (P1,000.00) for the First Offense; Two Thousand Pesos (P2,000.00) for the Second Offense; and Three Thousand Pesos (P3,000.00) for the Third Offense.
For violation of Sections 7.4 & 7.5 hereof, the violator shall pay an administrative fine of One Thousand Pesos (P1,000) for the First Offense, Two Thousand Pesos (P2,000.00) for the Second Offense and Three Thousand Pesos (P3,000.00) for the Third Offense.
If the violator is an entity, the manager or the head of the entity shall be held accountable for the violation.
Section 18. Penalty If Violator Is Minor. If the violator is a minor but above the age of six, his/her parents or guardians shall be held accountable for the monetary penalties.
If the violator is fifteen (15) years of age and below, he/she shall be subject to an intervention program pursuant to Section 20 of RA 9344. If the violator is 16 or 17 years old, he/she shall likewise be subjected to an intervention program, unless he/she has acted with discernment, in which case, the violator shall be subjected to the appropriate proceedings in accordance with RA 9344.
The exemption from criminal liability of minors under RA 9344 does not include exemption from civil liability, which shall be enforced.
Section 19. Trust Fund. There is hereby created a Trust Fund in the City Treasurer’s Office where the monetary penalties resulting from apprehensions of violators of this Ordinance, specifically the payments of both the administrative fines and cost of repair or restoration works, shall be kept. This fund shall be used solely for the various restoration, maintenance, improvement, or beautification works of Plaza Quince Martires. Cash donations intended for Plaza Quince Martires, whether coming from public or private persons/entities, shall also be recorded under this fund. The City Mayor, subject to the approval of the Sangguniang Panlungsod, may enter into an agreement with the Barangay Council of San Francisco, providing incentive to the latter’s Tanods out of the monetary penalties collected as a direct result of the Tanods’ enforcement of this Ordinance.
Section 20. Community Service. In the implementation of this Ordinance, the City Mayor may require violator to render community service in case he/she is not capable of paying the administrative fine and/or the cost of repair/restoration. The kind of community service to be rendered shall depend on the City Mayor’s decision, and its duration shall be computed based on the minimum daily wage in the city. Supervision and monitoring of community service is a must, and this task must be clearly assigned by the City Mayor in a directive or memorandum order to be issued. No violator shall be allowed proxy during community service.
Section 21. Separability Clause. Should any provision of this Ordinance be subsequently declared unconstitutional or invalid, the rest of the provisions not so declared shall remain in full force and efffect.
Section 22. Repealing Clause. All resolutions, ordinances and executive issuances, or provisions thereof, which are inconsistent with any of the provisions hereof are hereby repealed, amended or modified accordingly.
Section 23. Effectivity Clause. This Ordinance shall take effect immediately upon its approval and publication in at least one newspaper of general circulation in the Bicol region.
ENACTED: _____________
February 20, 2008
Junkshop Ordinance
(to receive a copy of this proposed ordinance in Microsoft Word format, send e-mail to ordinansa@gmail.com)
Proposed Ordinance
(revised copy as of February 15, 2008)
AN ORDINANCE PRESCRIBING RULES FOR JUNK SHOP OPERATIONS IN NAGA CITY, AND PENALIZING VIOLATIONS THEREOF
Authored by: Councilor Nathan A. Sergio
Be it ordained by the Sangguniang Panlungsod of Naga, that:
Section 1. Title. This Ordinance shall known and cited as the “Junk Shop Ordinance of the City of Naga”;
Section 2. Scope and Limitation. This Ordinance shall cover all junk shops operating in Naga City. This Ordinance shall not cover purchase or sale of junk materials like papers, cardboards, plastic materials, styfoams, discarded household wares and appliances, old GI sheets, broken glasses, bottles, tin cans and the likes.
Section 3. Declaration of Policy. It shall be the policy of the City of Naga to promote legal sources of income, such as junk shop operations and related activities, and regulate their operations in accordance with existing zoning, health, safety and environmental laws and regulations.
Section 4. Definition of Terms. As used in this ordinance,
The term JUNK shall refer to any waste material or discarded material, old iron or other metal or substance, glass, paper, machine parts, accessories, discarded machinery or discarded machines, in whole or in part, and any material commonly and generally known as “junk”, in the ordinary meaning of the word, acquired and/or collected.
The term JUNKSHOP shall refer to any building, including its premises, in which junk is stored. It can be dealing with a particular kind of junk or with all kinds of junk, and it may thus assume a different business name.
The term JUNKSHOP OWNER/OPERATOR shall refer to any person, firm, association, partnership or corporation who owns and/or operates junk shops for the purpose of buying or acquiring “junk” for commercial purposes, and/or who collects and stores “junk” therein.
The term PUBLIC UTILITY MATERIALS shall refer to any material made of copper, brass, bronze or aluminum, being used by public utility companies, whether government-owned or privately-owned, to provide or deliver telecommunication system, power and water supply.
The term TRANSPORTATION MATERIALS shall refer to all materials used in the railway operations by the Philippine National Railways, whether parts of its communication line or parts of railway track (e.g. rail, swithch component, spike, angle bar, tie plate or bolt); these also include all other parts of vehicle, of any type or make, whether public or private.
The term PUBLIC SAFETY MATERIALS shall refer to all materials intended or designed to provide safety or directions to people, which include street signages/markers, drainage covers, street lighting materials, and the likes.
The term OTHER METALLIC MATERIALS shall refer to all other metallic materials originating from historic sites, public places and cemeteries, whether public or private, such materials as historical markers, building or plaza markers, tomb or mausoleum signages or markers, fences or railings.
The term LAW ENFORCERS shall refer to at least a team of two coming from either the Naga City Philippine National Police (PNP) or the Public Safety Office (PSO), and from the Barangay Council or Barangay Police with territorial jurisdiction over the junkshop.
The term AFFIDAVIT OF UNDERTAKING shall refer to a document to be signed by the junk shop owner/operator that merely categorically states his or her willingness to allows law enforcers to conduct unannounced inspection and verification of Transaction Books or Registers during business hours within the premises of the junk shop.
The terms BUSINESS HOURS and OFFICE HOURS shall refer to the hours from eight o’clock in the morning to 12:00 noon and one to five o’clock in the afternoon, except on non-working holidays.
The term INFORMANT shall refer to any person, not belonging to law enforcers as herein defined, who provide or supply vital information to the Naga City PNP and/or PSO in connection with the implementation of this ordinance.
Section 5. Business Permit Required. It shall be unlawful for any person, firm, association, partnership or corporation to operate or maintain a junk shop or junkyard, or to do business in junk at any place within Naga City, in any manner contrary to the provisions of this Ordinance and without first having obtained a license for such purpose, as herein provided.
Section 6. Documentary Requirements. The following documents shall be required to be filed at the City Planning and Development Office (CPDO), from each person or entity obtaining Business Permit for junkshop operation, namely:
6.1 Pro-Forma Application Letter and Information Sheet (to be prepared by CPDO),
stating among others the complete name of the applicant, his/her residence
address and contact number/s; information whether applicant has been
sued/convicted of crime of larceny or crime involving moral turpitude
or any crime; information as to ownership of business site and other
necessary information.
6.2 Xerox copy of applicant’s identification: Voter’s ID, plus Driver’s License or any
other valid ID with photo and updated Community Tax Certificate;
6.3 Barangay Clearance as to the junkshop’s acceptability where it is or will be located;
6.4 Xerox Copy of SEC or CDA Registration, if applicant is an entity;
6.5 Duplicate or certified copy of Partnership Agreement, if applicant are partners;
6.6 Location Sketch of existing/proposed site for junkshop operation;
6.7 Proof of Ownership of land and/or building, or Proof of Right to occupy and
use property (e.g. land title, lease contract, usufruct agreement, etc.);
6.8 Realty Tax Clearance from the CTO, if property being used for junkshop operation
is owned by the applicant;
6.9 Layout Plan of Junk Shop/Yard, to show sufficient area for stockfiling of
junks, office area, parking area for loading and unloading, entrance and
exit;
6.10 List of Employees or Workers, duly certified by the owner/operator;
6.11 List of Roving Collectors, if any; duly certified by the owner/operator;
6.12 List of Satellite Junkshop/s and their address/es and contact number/s, if any; and
6.13 Affidavit of Undertaking, duly subscribed before a Notary Public.
Section 7. Evaluation. A five-man Evaluation Team composed of personnel from the Office of CPDO, who will act as team coordinator, and members from the City Engineer’s Office (CEO), Bureau of Fire Protection (BFP), City Health Office (CHO), and Environment and Natural Resources Office (ENRO), shall jointly evaluate the application documents, inspect the proposed site and premises, and make written report of their findings and recommendations whether to grant the application or not. The site inspection and evaluation shall be finished in a week’s time. If the findings and recommendation is not favorable, then CPDO shall return the application immediately citing the reasons therefor. Only when the findings and recommendation is favorable that the CPDO endorses the application to the Business Licensing Division of the City Treasurer’s Office (CTO) for assessment purposes and collection of license fees and charges, prior to preparation and issuance of a Business Permit.
For purposes of conducting objective evaluation, the team shall only refer to their respective office mandates and the various other statutes and ordinances, bearing in mind the policy enunciated in this Ordinance.
It shall be the duty of the Evaluation Team to deny or reject Business Permit applications whose submitted documents are found containing false information.
Section 8. Appeal for Returned Application;Temporary Business Permit. Appeal to the City Mayor may be made by the applicant only when all the major concerns/problems pointed out by the Evaluation Team shall have been positively addressed. His/her appeal shall initially pass through the Office of CPDO for re-evaluation, and when warranted, the same is endorsed to the City Mayor for consideration and subsequent issuance of a Temporary Business Permit.
All appeals, however, shall be made by the applicant within fifteen (15) calendar days after his or her receipt of the denial or return of application for a Business Permit; thereafter, no appeal or request for reconsideration will be entertained.
All Temporary Business Permits issued by the City shall automatically become void and legally ineffective after six (6) months from the date of issuance, and no further extension of temporary business permit shall be permitted. Any act to circumvent this provision, such as changing of shop owner’s name or business name, is enough ground to warrant automatic denial of application for a Business Permit.
Section 9. Entrances, Exits, Fences & Orderliness of Junk Yards. Any premises, piece or parcel of land, licensed and used as junkshop whether existing now or hereinafter created, shall have gated entrances and exits and shall be properly and neatly enclosed or separated from adjoining lots by walls or fences not less than 2.4 meters in height such that all junk materials shall be stocked inside the junkshop premises and not be visible to the public. Orderliness and sanitation within the premises shall always be maintained by the junk owner/operator. Failure to observe this provision will be a cause for revocation or denial of Business Permit.
Section 10. Recording Duty of Junk Shop Owners/Operators. Every junk shop owner/ operator shall maintain two (2) kinds of Transaction Books or Registers, one to record acquisitions or purchases and another to record disposals or sales of junk materials herein being monitored and regulated. The Transaction Book or Register specific for acquisitions or purchases shall have contain the following information: the seller’s name, address, sex, age and the Driver’s License or any other valid Identification Card, plus the updated Community Tax Certificate; the date, time and place of acquisition of such materials; the description and quantity of such materials; and the name and address of the person or persons from whom the seller acquired such materials, if any. The Transaction Book or Register specific for disposals and sales shall contain the following information: the buyer’s name and address, sex, age and Driver’s License or any other valid Identification Card, plus updated Community Tax Certificate; the date, time and place of sales or delivery; and the description and quantity of materials sold or delivered.
Such books or registers shall be made available to law enforcers for inspection during business hours, and they shall be preserved for a period of at least three years after the date of last transaction is recorded in such book.
Prior to their use, such Transaction Books or Registers shall both be presented to and accredited by the Naga City PNP and the PSO.
Section 11. Additional Duties. To facilitate monitoring purposes, the following duties shall also be performed by the junk shop owners/operators, to wit:
A. To stockfile separately and apart from other purchased or acquired junks, the
public utility materials, transportation materials, public safety materials, and other
metallic materials defined in Section 4 and herein being monitored and regulated;
B. To report to the Naga City PNP and PSO, preferably in writing or at least by phone, the purchase of regulated materials, within twenty four (24) hours, if such materials are purchased and/or stockfiled within the city;
C. To permit law enforcers to conduct inspection of junkshop premises and transaction books or registers, and to present proof of purchases when requested;
D. To ensure registration of his roving collectors to the City ENRO under the program __________ .
Section 12. Unlawful Transport. It shall be unlawful for any person or entity to transport or cause to be transported for himself or another from any point within the city or to any point outside the city of any materials described in Section 4 and herein being monitored or regulated, except when it is the same kind and quantity, or of lesser quantity, of purchased or acquired material that was reported to the authorities and recorded in the Transaction Book or Register kept by the junk shop owner/operator.
For purposes of transporting the junk materials being monitored and regulated hereof, the junk owner/operator shall inform, preferably in writing or at least by phone, the Naga City PNP and PSO prior to the actual loading of said materials. The Naga City PNP and PSO may monitor the actual loading of junk materials.
Section 13. Duties of the Naga City PNP and PSO. It shall be the duty of the Naga City PNP and PSO to keep the report or information supplied by the junkshop owner/operator in a separate Book or Register maintained in their respective offices as a public record available for verification by any person during office hours.
To attain the purpose and full intent of this Ordinance, it shall likewise be the duty of the Naga City PNP and PSO to conduct orderly, unannounced but coordinated inspection of junkshop premises, and verification of stocked junks and records, during business hours, at such an interval or regularity they deem proper but not less than once a week.
Section 14. Protection of Junkshop Owner’s/Operators’s Rights. Junkshop owners/operators duly issued Business Permit in the City of Naga shall be protected from any form of abuse that could be committed by law enforcers. In this connection, law enforcers shall not require anything from the junkshop owner/operator other than what are expressly required under this ordinance. Conduct of inspections and verifications by law enforcers, as a general rule, shall be done only during business hours; however, if conducted beyond business hours, the law enforcers must present an Order issued by a competent Court. In addition, no seizure or confiscation of junks shall be done by law enforcers unless with valid Court Order.
Section 15. Penalties. Any person or entity found violating any provision of this Ordinance shall be penalized accordingly, as follows:
A. For violating Section 5 hereof, the junkshop shall be closed immediately without any Court Order and the owner/operator shall pay an administrative fine of Three Thousand Pesos (P3,000.00) for the first offense; for second offense, the junkshop shall likewise be padlocked and the owner/operator shall pay an administrative fine of Four Thousand Pesos (P4,000.00); for third offense, the owner/operator shall pay administrative fine of Five Thousand Pesos (P5,000.00) in addition to confiscation of all junk materials and all equipment related to junkshop operation;
B. For violating Sections 10 and/or any provision of Section 11 hereof, the junk shop owner/operator, for the first offense, shall be administratively fined Five Thousand Pesos (P5,000.00), in addition to temporary revocation of Business Permit and the temporarily closure for operation of said junkshop until the owner/operator/dealer has performed his/her duty or duties; for the second offense, the owner/operator shall be administratively fined with another Five Thousand Pesos (P5,000.00), in addition to permanent revocation of Business Permit and permanent closure of junkshop;
C. For violating Section 12 hereof, the junkshop owner/operator shall, for the first offense, be fined Five Thousand Pesos (P5,000.00) and/or imprisonment of fifteen (15) days at discretion of the court, in addition to impounding of vehicle/s being used for transporting junk materials including its/their cargo until such time that cargo have been accounted for and found to be in order; for the second offense, the junk shop owner’s/operator’s Business Permit shall be revoked temporarily, in addition to the penalties stipulated in the first offense; and for the third offense, the junkshop owner’s/operator’s Business Permit shall be revoked permanently, in addition to the fine of P5,000 and/or imprisonment of thirty (30) days at the discretion of the court.
Section 16. Grant of Incentives. The City Mayor’s Office shall formulate guidelines for granting incentives for law enforcers and informants towards the effective implementation of this ordinance. However, this guidelines, among others, shall set the criteria and procedures for the grant of incentives, define the various forms of incentives to be given, protect the identity of infomants, and encourage participation by public utility companies or by whoever private person or entity. Financial incentives, if any, shall be subject to government accounting and auditing rules and regulations.
Section 17. Regulation as to Location. The location of junkshops within the City of Naga shall be governed by the following rules:
A. Junkshops shall be PROHIBITED in the following areas:
1. Within Central Business District One (CBD1) – the area bounded by Naga River from Naga City Public Market to Colgante Bridge, left to Santonja Street, left to Elias Angeles Street, right to Mother Ignacia Street, left to Barlin Street, right to Sta Cruz Proper, left to Hernandez Steet up to corner Zamora Street.
2. Within Central Business District Two (CBD2) – the area bounded by PNR property, Naga City Subdivision, Diversion Road (Roxas Avenue), Triangulo Elementary School, Arago Subdivision, and some private properties of Barangay Triangulo and Lerma
3. In All Resettlement Areas or Housing Projects
4. Along Almeda Highway
5. Along Panganiban Drive
6. Along BMC Road J.Mirande Avenue
7. Along Magsaysay Avenue, Liboton Street (Magsaysay Aveneu Extension) up to the former DWRN Radio Station at Queborac Avenue
8. Along Mayon and Taal Avenue
9. Along Dayangdang and Blumentritt Streets
10. Along Isarog and M. Castro Streets
11. Along Peñafrancia Avenue up to San Felipe-Almeda Road Junction
12. Along Jacob Street and Ocampo Street
13. Along Bagumbayan Street up to Naga-Canaman boundary
14. Along Ateneo Avenue and P. Santos Street
15. Along the streets of Sta. Cruz Proper & Poro and Bayawas Street
16. Along Abella Street up to the former Fiesta Sardine factory
17. Along Feliz Plazo Street up to the Sabang-Mabolo Bridge
18. Along Zamora Street and Tabuco Street
19. Along the streets of Biak-na-Bato, Melgarejo (Plaridel), Fraternidad, Renacimiento, Union, Felix Espiritu and PNR Road
20. Along Naga-Gainza Road up to the Sabang-Mabolo Bridge
B. Junkshops shall be REGULATED in the following areas:
1. along the National Highway from Barangay Mabolo to Barangay Del Rosario, passing through the barangays of Triangulo, Concepcion Pequeña, and Concepcion Grande
2. Along Almeda Road in San Felipe
3. Along Balintawak and Lerma Streets
C. Barangay Balatas and Barangay Cararayan are hereby designated as special zone for junkshops, starting from the junction of Almeda and Balatas Road up to Cararayan-Del Rosario Road, and, for the purpose of this ordinance, the properties therein may be re-zoned from residential/agricultural to commercial area in accordance with City Ordinance No. 2000-071, as amended by City Ordinance No. 2002-043. Thus, junkshops are encouraged to locate their businesses to the said area, subject to some business-related incentives that may be granted by the City Government under a guidelines to be prepared by the CPDO in consultation with the City Mayor and to be approved by the SP.
D. Junkshops presently situated in prohibited areas herein identified and were issued Business Permit/Mayor’s Permit in 2007 shall be allowed to conduct business up to the end of 2008 only; Provided, that a permit is first secured from the City Government.
E. Junkshops presently situated in regulated areas herein identified and were issued Business Permit/Mayor’s Permit in 2007 shall be allowed to continue their business provided that they strictly comply with Section 9 and Section 5 hereof. Violation of Section 9 and/or Section 5 is a ground for revoking the privilege of being allowed to continuously conduct junkshop operation in the regulated area. Cancellation of this privilege or non-operation of business for at least three months disqualifies a person or entity from re-opening his/her junkshop in the same regulated area. Furthermore, junkshops in this area shall not be allowed to expand their existing yards nor put up satellite shops within the regulated and prohibited areas.
F. Only Material Recovery Facilities (MRFs) sanctioned by City ENRO shall be allowed within the resettlement areas or housing projects.
Section 18. Implementation Targets. By April 1, 2008, the mandatory Transaction Books or Registers of all junkshops, duly issued with Business Permit in the City of Naga, shall be ready for use.
By April 16, 2008, stockfiling of junks in accordance with Section 11 (A) hereof shall have been done and ready for inspection by the law inforcers.
All other junkshops, regardless of size, capitalization or location, operating without Business Permit shall secure Business Permit within fifteen (15) days after the publication of this Ordinance; otherwise, they shall be forcibly closed. These junkshops that were able to secure and issued with Business Permit shall likewise be required to observe the target dates mentioned in the first two paragrapgraps of this section.
Non-observance of any of these target dates is deemed a violation of this ordinance.
Section 19. Repealing Clause. All ordinances, resolutions, and executive issuances inconsistent with any provision of this Ordanance are hereby repealed, modified and amended accordingly.
Section 20. Separability Clause. If, for any reason or reasons, any part or provision of this Ordinance shall be held to be unsconstitutional or invalid, other parts or provisions hereof which are not affected thereby shall continue to be in full force and effect.
Section 21. Effectivity. This Ordinance shall take effect on April 1, 2008 after its approval by the City Mayor, and its publication in at least one newspaper of local circulation.
ENACTED: _______________
Proposed Ordinance
(revised copy as of February 15, 2008)
AN ORDINANCE PRESCRIBING RULES FOR JUNK SHOP OPERATIONS IN NAGA CITY, AND PENALIZING VIOLATIONS THEREOF
Authored by: Councilor Nathan A. Sergio
Be it ordained by the Sangguniang Panlungsod of Naga, that:
Section 1. Title. This Ordinance shall known and cited as the “Junk Shop Ordinance of the City of Naga”;
Section 2. Scope and Limitation. This Ordinance shall cover all junk shops operating in Naga City. This Ordinance shall not cover purchase or sale of junk materials like papers, cardboards, plastic materials, styfoams, discarded household wares and appliances, old GI sheets, broken glasses, bottles, tin cans and the likes.
Section 3. Declaration of Policy. It shall be the policy of the City of Naga to promote legal sources of income, such as junk shop operations and related activities, and regulate their operations in accordance with existing zoning, health, safety and environmental laws and regulations.
Section 4. Definition of Terms. As used in this ordinance,
The term JUNK shall refer to any waste material or discarded material, old iron or other metal or substance, glass, paper, machine parts, accessories, discarded machinery or discarded machines, in whole or in part, and any material commonly and generally known as “junk”, in the ordinary meaning of the word, acquired and/or collected.
The term JUNKSHOP shall refer to any building, including its premises, in which junk is stored. It can be dealing with a particular kind of junk or with all kinds of junk, and it may thus assume a different business name.
The term JUNKSHOP OWNER/OPERATOR shall refer to any person, firm, association, partnership or corporation who owns and/or operates junk shops for the purpose of buying or acquiring “junk” for commercial purposes, and/or who collects and stores “junk” therein.
The term PUBLIC UTILITY MATERIALS shall refer to any material made of copper, brass, bronze or aluminum, being used by public utility companies, whether government-owned or privately-owned, to provide or deliver telecommunication system, power and water supply.
The term TRANSPORTATION MATERIALS shall refer to all materials used in the railway operations by the Philippine National Railways, whether parts of its communication line or parts of railway track (e.g. rail, swithch component, spike, angle bar, tie plate or bolt); these also include all other parts of vehicle, of any type or make, whether public or private.
The term PUBLIC SAFETY MATERIALS shall refer to all materials intended or designed to provide safety or directions to people, which include street signages/markers, drainage covers, street lighting materials, and the likes.
The term OTHER METALLIC MATERIALS shall refer to all other metallic materials originating from historic sites, public places and cemeteries, whether public or private, such materials as historical markers, building or plaza markers, tomb or mausoleum signages or markers, fences or railings.
The term LAW ENFORCERS shall refer to at least a team of two coming from either the Naga City Philippine National Police (PNP) or the Public Safety Office (PSO), and from the Barangay Council or Barangay Police with territorial jurisdiction over the junkshop.
The term AFFIDAVIT OF UNDERTAKING shall refer to a document to be signed by the junk shop owner/operator that merely categorically states his or her willingness to allows law enforcers to conduct unannounced inspection and verification of Transaction Books or Registers during business hours within the premises of the junk shop.
The terms BUSINESS HOURS and OFFICE HOURS shall refer to the hours from eight o’clock in the morning to 12:00 noon and one to five o’clock in the afternoon, except on non-working holidays.
The term INFORMANT shall refer to any person, not belonging to law enforcers as herein defined, who provide or supply vital information to the Naga City PNP and/or PSO in connection with the implementation of this ordinance.
Section 5. Business Permit Required. It shall be unlawful for any person, firm, association, partnership or corporation to operate or maintain a junk shop or junkyard, or to do business in junk at any place within Naga City, in any manner contrary to the provisions of this Ordinance and without first having obtained a license for such purpose, as herein provided.
Section 6. Documentary Requirements. The following documents shall be required to be filed at the City Planning and Development Office (CPDO), from each person or entity obtaining Business Permit for junkshop operation, namely:
6.1 Pro-Forma Application Letter and Information Sheet (to be prepared by CPDO),
stating among others the complete name of the applicant, his/her residence
address and contact number/s; information whether applicant has been
sued/convicted of crime of larceny or crime involving moral turpitude
or any crime; information as to ownership of business site and other
necessary information.
6.2 Xerox copy of applicant’s identification: Voter’s ID, plus Driver’s License or any
other valid ID with photo and updated Community Tax Certificate;
6.3 Barangay Clearance as to the junkshop’s acceptability where it is or will be located;
6.4 Xerox Copy of SEC or CDA Registration, if applicant is an entity;
6.5 Duplicate or certified copy of Partnership Agreement, if applicant are partners;
6.6 Location Sketch of existing/proposed site for junkshop operation;
6.7 Proof of Ownership of land and/or building, or Proof of Right to occupy and
use property (e.g. land title, lease contract, usufruct agreement, etc.);
6.8 Realty Tax Clearance from the CTO, if property being used for junkshop operation
is owned by the applicant;
6.9 Layout Plan of Junk Shop/Yard, to show sufficient area for stockfiling of
junks, office area, parking area for loading and unloading, entrance and
exit;
6.10 List of Employees or Workers, duly certified by the owner/operator;
6.11 List of Roving Collectors, if any; duly certified by the owner/operator;
6.12 List of Satellite Junkshop/s and their address/es and contact number/s, if any; and
6.13 Affidavit of Undertaking, duly subscribed before a Notary Public.
Section 7. Evaluation. A five-man Evaluation Team composed of personnel from the Office of CPDO, who will act as team coordinator, and members from the City Engineer’s Office (CEO), Bureau of Fire Protection (BFP), City Health Office (CHO), and Environment and Natural Resources Office (ENRO), shall jointly evaluate the application documents, inspect the proposed site and premises, and make written report of their findings and recommendations whether to grant the application or not. The site inspection and evaluation shall be finished in a week’s time. If the findings and recommendation is not favorable, then CPDO shall return the application immediately citing the reasons therefor. Only when the findings and recommendation is favorable that the CPDO endorses the application to the Business Licensing Division of the City Treasurer’s Office (CTO) for assessment purposes and collection of license fees and charges, prior to preparation and issuance of a Business Permit.
For purposes of conducting objective evaluation, the team shall only refer to their respective office mandates and the various other statutes and ordinances, bearing in mind the policy enunciated in this Ordinance.
It shall be the duty of the Evaluation Team to deny or reject Business Permit applications whose submitted documents are found containing false information.
Section 8. Appeal for Returned Application;Temporary Business Permit. Appeal to the City Mayor may be made by the applicant only when all the major concerns/problems pointed out by the Evaluation Team shall have been positively addressed. His/her appeal shall initially pass through the Office of CPDO for re-evaluation, and when warranted, the same is endorsed to the City Mayor for consideration and subsequent issuance of a Temporary Business Permit.
All appeals, however, shall be made by the applicant within fifteen (15) calendar days after his or her receipt of the denial or return of application for a Business Permit; thereafter, no appeal or request for reconsideration will be entertained.
All Temporary Business Permits issued by the City shall automatically become void and legally ineffective after six (6) months from the date of issuance, and no further extension of temporary business permit shall be permitted. Any act to circumvent this provision, such as changing of shop owner’s name or business name, is enough ground to warrant automatic denial of application for a Business Permit.
Section 9. Entrances, Exits, Fences & Orderliness of Junk Yards. Any premises, piece or parcel of land, licensed and used as junkshop whether existing now or hereinafter created, shall have gated entrances and exits and shall be properly and neatly enclosed or separated from adjoining lots by walls or fences not less than 2.4 meters in height such that all junk materials shall be stocked inside the junkshop premises and not be visible to the public. Orderliness and sanitation within the premises shall always be maintained by the junk owner/operator. Failure to observe this provision will be a cause for revocation or denial of Business Permit.
Section 10. Recording Duty of Junk Shop Owners/Operators. Every junk shop owner/ operator shall maintain two (2) kinds of Transaction Books or Registers, one to record acquisitions or purchases and another to record disposals or sales of junk materials herein being monitored and regulated. The Transaction Book or Register specific for acquisitions or purchases shall have contain the following information: the seller’s name, address, sex, age and the Driver’s License or any other valid Identification Card, plus the updated Community Tax Certificate; the date, time and place of acquisition of such materials; the description and quantity of such materials; and the name and address of the person or persons from whom the seller acquired such materials, if any. The Transaction Book or Register specific for disposals and sales shall contain the following information: the buyer’s name and address, sex, age and Driver’s License or any other valid Identification Card, plus updated Community Tax Certificate; the date, time and place of sales or delivery; and the description and quantity of materials sold or delivered.
Such books or registers shall be made available to law enforcers for inspection during business hours, and they shall be preserved for a period of at least three years after the date of last transaction is recorded in such book.
Prior to their use, such Transaction Books or Registers shall both be presented to and accredited by the Naga City PNP and the PSO.
Section 11. Additional Duties. To facilitate monitoring purposes, the following duties shall also be performed by the junk shop owners/operators, to wit:
A. To stockfile separately and apart from other purchased or acquired junks, the
public utility materials, transportation materials, public safety materials, and other
metallic materials defined in Section 4 and herein being monitored and regulated;
B. To report to the Naga City PNP and PSO, preferably in writing or at least by phone, the purchase of regulated materials, within twenty four (24) hours, if such materials are purchased and/or stockfiled within the city;
C. To permit law enforcers to conduct inspection of junkshop premises and transaction books or registers, and to present proof of purchases when requested;
D. To ensure registration of his roving collectors to the City ENRO under the program __________ .
Section 12. Unlawful Transport. It shall be unlawful for any person or entity to transport or cause to be transported for himself or another from any point within the city or to any point outside the city of any materials described in Section 4 and herein being monitored or regulated, except when it is the same kind and quantity, or of lesser quantity, of purchased or acquired material that was reported to the authorities and recorded in the Transaction Book or Register kept by the junk shop owner/operator.
For purposes of transporting the junk materials being monitored and regulated hereof, the junk owner/operator shall inform, preferably in writing or at least by phone, the Naga City PNP and PSO prior to the actual loading of said materials. The Naga City PNP and PSO may monitor the actual loading of junk materials.
Section 13. Duties of the Naga City PNP and PSO. It shall be the duty of the Naga City PNP and PSO to keep the report or information supplied by the junkshop owner/operator in a separate Book or Register maintained in their respective offices as a public record available for verification by any person during office hours.
To attain the purpose and full intent of this Ordinance, it shall likewise be the duty of the Naga City PNP and PSO to conduct orderly, unannounced but coordinated inspection of junkshop premises, and verification of stocked junks and records, during business hours, at such an interval or regularity they deem proper but not less than once a week.
Section 14. Protection of Junkshop Owner’s/Operators’s Rights. Junkshop owners/operators duly issued Business Permit in the City of Naga shall be protected from any form of abuse that could be committed by law enforcers. In this connection, law enforcers shall not require anything from the junkshop owner/operator other than what are expressly required under this ordinance. Conduct of inspections and verifications by law enforcers, as a general rule, shall be done only during business hours; however, if conducted beyond business hours, the law enforcers must present an Order issued by a competent Court. In addition, no seizure or confiscation of junks shall be done by law enforcers unless with valid Court Order.
Section 15. Penalties. Any person or entity found violating any provision of this Ordinance shall be penalized accordingly, as follows:
A. For violating Section 5 hereof, the junkshop shall be closed immediately without any Court Order and the owner/operator shall pay an administrative fine of Three Thousand Pesos (P3,000.00) for the first offense; for second offense, the junkshop shall likewise be padlocked and the owner/operator shall pay an administrative fine of Four Thousand Pesos (P4,000.00); for third offense, the owner/operator shall pay administrative fine of Five Thousand Pesos (P5,000.00) in addition to confiscation of all junk materials and all equipment related to junkshop operation;
B. For violating Sections 10 and/or any provision of Section 11 hereof, the junk shop owner/operator, for the first offense, shall be administratively fined Five Thousand Pesos (P5,000.00), in addition to temporary revocation of Business Permit and the temporarily closure for operation of said junkshop until the owner/operator/dealer has performed his/her duty or duties; for the second offense, the owner/operator shall be administratively fined with another Five Thousand Pesos (P5,000.00), in addition to permanent revocation of Business Permit and permanent closure of junkshop;
C. For violating Section 12 hereof, the junkshop owner/operator shall, for the first offense, be fined Five Thousand Pesos (P5,000.00) and/or imprisonment of fifteen (15) days at discretion of the court, in addition to impounding of vehicle/s being used for transporting junk materials including its/their cargo until such time that cargo have been accounted for and found to be in order; for the second offense, the junk shop owner’s/operator’s Business Permit shall be revoked temporarily, in addition to the penalties stipulated in the first offense; and for the third offense, the junkshop owner’s/operator’s Business Permit shall be revoked permanently, in addition to the fine of P5,000 and/or imprisonment of thirty (30) days at the discretion of the court.
Section 16. Grant of Incentives. The City Mayor’s Office shall formulate guidelines for granting incentives for law enforcers and informants towards the effective implementation of this ordinance. However, this guidelines, among others, shall set the criteria and procedures for the grant of incentives, define the various forms of incentives to be given, protect the identity of infomants, and encourage participation by public utility companies or by whoever private person or entity. Financial incentives, if any, shall be subject to government accounting and auditing rules and regulations.
Section 17. Regulation as to Location. The location of junkshops within the City of Naga shall be governed by the following rules:
A. Junkshops shall be PROHIBITED in the following areas:
1. Within Central Business District One (CBD1) – the area bounded by Naga River from Naga City Public Market to Colgante Bridge, left to Santonja Street, left to Elias Angeles Street, right to Mother Ignacia Street, left to Barlin Street, right to Sta Cruz Proper, left to Hernandez Steet up to corner Zamora Street.
2. Within Central Business District Two (CBD2) – the area bounded by PNR property, Naga City Subdivision, Diversion Road (Roxas Avenue), Triangulo Elementary School, Arago Subdivision, and some private properties of Barangay Triangulo and Lerma
3. In All Resettlement Areas or Housing Projects
4. Along Almeda Highway
5. Along Panganiban Drive
6. Along BMC Road J.Mirande Avenue
7. Along Magsaysay Avenue, Liboton Street (Magsaysay Aveneu Extension) up to the former DWRN Radio Station at Queborac Avenue
8. Along Mayon and Taal Avenue
9. Along Dayangdang and Blumentritt Streets
10. Along Isarog and M. Castro Streets
11. Along Peñafrancia Avenue up to San Felipe-Almeda Road Junction
12. Along Jacob Street and Ocampo Street
13. Along Bagumbayan Street up to Naga-Canaman boundary
14. Along Ateneo Avenue and P. Santos Street
15. Along the streets of Sta. Cruz Proper & Poro and Bayawas Street
16. Along Abella Street up to the former Fiesta Sardine factory
17. Along Feliz Plazo Street up to the Sabang-Mabolo Bridge
18. Along Zamora Street and Tabuco Street
19. Along the streets of Biak-na-Bato, Melgarejo (Plaridel), Fraternidad, Renacimiento, Union, Felix Espiritu and PNR Road
20. Along Naga-Gainza Road up to the Sabang-Mabolo Bridge
B. Junkshops shall be REGULATED in the following areas:
1. along the National Highway from Barangay Mabolo to Barangay Del Rosario, passing through the barangays of Triangulo, Concepcion Pequeña, and Concepcion Grande
2. Along Almeda Road in San Felipe
3. Along Balintawak and Lerma Streets
C. Barangay Balatas and Barangay Cararayan are hereby designated as special zone for junkshops, starting from the junction of Almeda and Balatas Road up to Cararayan-Del Rosario Road, and, for the purpose of this ordinance, the properties therein may be re-zoned from residential/agricultural to commercial area in accordance with City Ordinance No. 2000-071, as amended by City Ordinance No. 2002-043. Thus, junkshops are encouraged to locate their businesses to the said area, subject to some business-related incentives that may be granted by the City Government under a guidelines to be prepared by the CPDO in consultation with the City Mayor and to be approved by the SP.
D. Junkshops presently situated in prohibited areas herein identified and were issued Business Permit/Mayor’s Permit in 2007 shall be allowed to conduct business up to the end of 2008 only; Provided, that a permit is first secured from the City Government.
E. Junkshops presently situated in regulated areas herein identified and were issued Business Permit/Mayor’s Permit in 2007 shall be allowed to continue their business provided that they strictly comply with Section 9 and Section 5 hereof. Violation of Section 9 and/or Section 5 is a ground for revoking the privilege of being allowed to continuously conduct junkshop operation in the regulated area. Cancellation of this privilege or non-operation of business for at least three months disqualifies a person or entity from re-opening his/her junkshop in the same regulated area. Furthermore, junkshops in this area shall not be allowed to expand their existing yards nor put up satellite shops within the regulated and prohibited areas.
F. Only Material Recovery Facilities (MRFs) sanctioned by City ENRO shall be allowed within the resettlement areas or housing projects.
Section 18. Implementation Targets. By April 1, 2008, the mandatory Transaction Books or Registers of all junkshops, duly issued with Business Permit in the City of Naga, shall be ready for use.
By April 16, 2008, stockfiling of junks in accordance with Section 11 (A) hereof shall have been done and ready for inspection by the law inforcers.
All other junkshops, regardless of size, capitalization or location, operating without Business Permit shall secure Business Permit within fifteen (15) days after the publication of this Ordinance; otherwise, they shall be forcibly closed. These junkshops that were able to secure and issued with Business Permit shall likewise be required to observe the target dates mentioned in the first two paragrapgraps of this section.
Non-observance of any of these target dates is deemed a violation of this ordinance.
Section 19. Repealing Clause. All ordinances, resolutions, and executive issuances inconsistent with any provision of this Ordanance are hereby repealed, modified and amended accordingly.
Section 20. Separability Clause. If, for any reason or reasons, any part or provision of this Ordinance shall be held to be unsconstitutional or invalid, other parts or provisions hereof which are not affected thereby shall continue to be in full force and effect.
Section 21. Effectivity. This Ordinance shall take effect on April 1, 2008 after its approval by the City Mayor, and its publication in at least one newspaper of local circulation.
ENACTED: _______________
PALC and DP Ordinance
(to receive a copy of this proposed ordinance in Microsoft Word format, send e-mail to ordinansa@gmail.com)
Proposed Ordinance (revised as of February 12, 2008)
AN ORDINANCE PRESCRIBING GUIDELINES FOR APPROVAL OF PRELIMINARY AND LOCATIONAL CLEARANCE (PALC), DEVELOPMENT PERMIT (DP) AND ALTERATION OF PLANS (AP) FOR RESIDENTIAL SUBDIVISION PROJECTS AND FOR OTHER PURPOSES IN THE CITY OF NAGA
Authored by: Councilor Nathan Sergio
Be it enacted by the Sangguniang Panlungsod that:
Article I – Title, Scope, Principles and Policies
Section 1. Short Title. This ordinance shall be known and cited as “PALC and DP Ordinance of Naga City”;
Section 2. Scope. This Ordinance shall cover all requests for PALC, DP and AP for residential subdivision projects in Naga City. This ordinance also covers other projects like industrial/commercial subdivision, farmlot subdivision, memorial park/cemetery/columbarium project, and residential/commercial condominium project.
Section 3. Principles and Policies. This Ordinance shall be governed by the basic principles of transparency, accountability, predictability, clarity and simplicity. Thus, it shall be the policy of the city:
3.1 To expand participation during the evaluation process by including the other competent offices;
3.2 To exact accountability where responsibility belongs;
3.3 To provide timeframe for processing of PALC, DP and AP; and
3.4 To have clear and client-friendly guidelines without sacrificing the policies just stated.
It shall be also the policy of the City Government of Naga to process separately all PALC, DP and AP applications.
Article II – Preliminary and Locational Clearance (PALC)
Section 4. PALC Documentary Requirements. The following documents shall be required from all housing developers requesting for PALC, namely:
A. Applicant’s Letter of Intent, for both main project and the socialized housing component, stating the projects’ description, size and location;
B. CDPO Site Zoning Certification;
C. Current Business Permit;
D. Proposed Site Development Plan/Schematic Subdivision Plan, showing the proposed layout; total project area and total development cost; number of saleable lots, saleable area, selling price, average lot size; land allocation/area for Open Space (roads, alleys, parks, playground and community facilities)
E. Vicinity Map, indicating the adjoining land uses, access, existing facilities and utilities at least 100 meters from the property boundaries of the project/s, drawn to scale;
F. Right to Use or Deed of Sale or Right-of-Way Access Road and other Utilities when applicable;
G. Certified True Copy of Land Title/s;
H. CTO Certification of updated Realty Tax Payment, with xerox copy of Tax Receipt/s;
I. Survey Plan of the Lot/s as described in the land title/s;
J. Statement of Proposed Mode of Compliance to Socialized Housing Development requirement under Section 18 RA 7279.
These documentary requirements shall be submitted in three (3) sets inside folders with marking “Documents for PALC Application”, plus the name and location of project, and the name of applicant or entity.
Section 5. Procedures. All PALC application by housing developers shall undergo the process enumerated hereunder:
A. Applicant presents three (3) sets/folders of documentary requirements to the CPDO.
B. CPDO verifies the documents’ completeness using triplicate copy of a Checklist of PALC Requirements; if complete, CPDO prepares four copies of Order of Payment for the processing and inspection fees, and issues one copy to the applicant.
C. Applicant pays in full the processing and inspection fees at the City Treasurer’s Office, and provides CPDO two certified xerox copy of the Official Receipt.
D. CPDO attaches copy of the verified Checklist, Order of Payment and certified xerox copy of the Official Receipt to each of the three folders containing the PALC application documents, and stamps each Letter of Intent as officially received, immediately giving one folder of documents to the applicant as his/her file, forwarding another folder to the SP for its consideration, and retaining one folder for CPDO technical evaluation. The original copy of the Official Receipt must be retained with the applicant.
E. SP automatically includes PALC Application in the agenda for its next regular session, while CPDO independently conducts technical evaluation.
F. SP reads the PALC Application for the first time, and forwards the folder to the Committee on Land Use (CLU) for its evaluation.
G. CLU immediately calls for a Committee Hearing for the purpose of evaluating the PALC Application, inviting the following: the applicant with his/her technical staff; the CPDO for its technical evaluation report; and other resource persons deemed necessary.
H. CLU, through an official report in the SP Regular Session, presents its disposition on the PALC Application after a thorough evaluation and study which may include project site visit. SP, then, decides whether to grant or deny the PALC Application.
I. Should SP decide to grant PALC, a Resolution must be passed for this purpose which should be endorsed to the City Mayor. Once the City Mayor approves the Resolution, CPDO prepares and issues to the applicant a PALC Certificate. The applicant may request from SP Secretariat copy of the SP Resolution.
J. Should SP decide to deny PALC, the CPDO shall be instructed to issue Notice of Deficiency/ies to the applicant within two (2) days after the SP decision is made.
K. If the City Mayor disapproves the SP Resolution granting PALC, he shall formally communicate to the SP his comment/s or reason/s and return the unsigned Resolution. Then, SP shall discuss the City Mayor’s comments during its next regular session. If SP agrees with the City Mayor, it shall instruct the SP Secretary to issue Notice of Denial/Disapproval to the applicant, citing therein the reason/s. However, if SP disagrees with the City Mayor, it may override the City Mayor by re-passing the same Resolution by two-thirds (2/3) vote of all its members.
Article III – Development Permit (DP)
Section 6. DP Documentary Requirements. The following documents shall be required to all housing developers requesting for Development Permit (DP) and already issued PALC:
A. Applicant’s Letter of Application;
B. Developer’s Documents of Ownership and Financial Records; Articles of Incorporation and By-Laws; Audited Assets and Liabilities/Latest Financial Statement; Income Tax Return for the last three (3) consecutive years;
C. Certified Xerox copy of the Joint Venture Agreement (JVA), if the project is a joint undertaking between a landowner and a housing developer;
D. Barangay Clearance signed by the Punong Barangay, or his authorized representative, where the project will be located;
E. Topographic Map of the Site, showing the location of critical areas (e.g. creek area, flood prone area, etcetera), if any;
F. Site Development Plan;
G. Project’s Feasibility Study including Cash Flow Statement, Income Statement, Return on Investment (ROI) and its Ratio on Sales, and Payback Period;
H. The Engineering Plans for: the Water System Layout Plan (received and stamped by MNWD) detailing the water system plans and showing the main distribution line; the Power Supply System Plan (received and stamped by CASURECO II); the Drainage and Sewer System Plan which include the profiles showing the hydraulic gradients and properties of the main lines including structures in relation with the road grade line, and the details of drainage and miscellaneous structure such as various types of manholes, catch basis inlet (curb, gutter and drop) culverts and channel linings; the Road System Plan which include the profile showing the vertical designed grade and curve elements, the typical roadway sections (i.e. relative dimension and slopes pavement, gutters, sidewalks, benching and others), the details of roadway (i.e. required thickness of pavement, sub-grade treatment and sub-base course design analysis), and the details of roadway and miscellaneous structure such as curb and gutter; the Housing Plan (every house model or design for house-and-lot projects), and for Other Facilities to be constructed in the project area;
I. PERT-CPM;
J. Waste Management Plan, for both solid and liquid waste;
K. MNWD Certification/Clearance on the suitability of design of the subdivision’s proposed Water System;
L. CASURECO II Comment on the proposed Power Supply System;
M. DAR Conversion Certificate, if land is agricultural;
N. DAR Inspection Report as to tenancy, if land is agricultural, plus Affidavit of Non-Tenancy by the owner/developer for non-tenanted lands, or Affidavit of Waiver from tenant/s for tenanted lands;
O. DENR Environmental Compliance Certificate (ECC).
These documents shall be submitted in four (4) sets inside folders with marking “Documents for DP Application”, plus the name and location of project, and the name of applicant or entity.
Section 7. Procedure. All DP application by housing developers shall undergo the processes enumerated hereunder:
A. Applicant resents four (4) sets/folders of documentary requirements to the CPDO.
B. CPDO verifies the documents’ completeness using triplicate copy of a checklist of DP Requirements; if complete, CPDO prepares four copies an Order of Payment for the processing and inspection fees, and issues one copy to the applicant.
C. Applicant pays in full the processing and inspection fees at the City Treasurer’s Office, and provides CPDO two certified Xerox copy of the Official Receipt.
D. CPDO attaches copy of the verified Checklist, Order of Payment and certified xerox copy of the Official Receipt to each of the four folders containing the DP application documents, and stamps each Letter of Application as officially received, immediately giving one folder of documents to the applicant as his/her file, forwarding another folder to the SP for its consideration, and retaining two folders for CPDO technical evaluation.
E. SP automatically includes DP Application in the agenda for its next regular session. Meanwhile, CPDO forwards to CEO the various detailed Engineering Plans and the PERT-CPM for its quick evaluation, and to ENRO, the Waste Management Plan and the ECC. CPDO evaluates all the other documents.
F. CPDO calls MNWD, CASURECO II, CEO and ENRO to a meeting to discuss the DP Application and come up with a Consolidated Evaluation Report (CER).
G. SP reads the DP Application for the first time, and forwards the folder to the Committee on Land Use (CLU) for its evaluation.
H. CLU immediately calls for a Committee Hearing for the purpose of evaluating the DP Application, inviting the following: the applicant with his/her technical staff; the CPDO for its CER; the evaluators or representatives of CEO, ENRO, MNWD and CASURECO II; and other resource persons deemed necessary. Depending on the remaining available days prior to the 30-day deadline, another Hearing may be conducted by the CLU.
I. CLU, through an official report in the SP Regular Session, presents its disposition on the DP Application after a thorough evaluation and study which may include project site visit. SP, then decides whether to grant or deny the DP Application.
J. Should SP decide to grant DP, a Resolution must be passed for this purpose which should be endorsed to the City Mayor. Once the City Mayor approves the Resolution, CPDO prepares and issues to the applicant a DP Certificate. the applicant may request from SP Secretariat copy of the SP Resolution.
K. Should SP decide to deny DP, the CPDO shall be instructed to issue Notice of Deficiency/ies to the applicant within two (2) days after the SP decision is made.
L. If the City Mayor disapproves the SP Resolution granting DP, he shall formally communicate to the SP his comment/s or reason/s and return the unsigned Resolution. Then, SP shall discuss the city Mayor’s comments during its next regular session. If SP agrees with the City Mayor, it shall instruct the SP Secretary to Notice of Denial/Disapproval to the applicant, citing therein the reason/s. However, if SP disagrees with the City Mayor, it may override the City Mayor by re-passing the same Resolution by two-thirds (2/3) vote of all its members.
Article IV – Alteration of Plans (AP)
Section 8. AP Documentary Requirements. The following documents shall be required from all housing developers requesting for Alteration of Plans, namely:
A. Plan showing the proposed alteration duly signed and sealed by a Licensed Architect/Engineer;
B. Letter of Intent stating the proposed/reason for the proposed alteration/conversion;
C. Sworn statement that the affected lots/units for alteration have not been sold;
D. Written conformity of the duly organized homeowners association or in the absence thereof, majority of the lot/unit buyers; and
E. Certified true copy of title (s) of the affected lots/units if the said lots/units have been titled.
Section 9. Procedure. All applications for Alteration of Plans shall undergo the process enumerated:
A. Applicant presents three (3) sets/folders of documentary requirements to the CPDO.
B. CPDO verifies to documents’ completeness using triplicate copy a Checklist of AP Requirements; if complete, CPDO prepares four copies of Order of Payment for the processing and inspection fees, and issues one copy to the applicant.
C. Applicant pays in full the processing and inspection fees at the City Treasurer’s Office, and provides CPDO two certified xerox copy of the Official Receipt.
D. CPDO attaches copy of the verified Checklist, Order of Payment and certified xerox copy of the Official Receipt to the each of the three folders containing the AP application documents, and stamps each Letter of Intent as officially received, immediately giving one folder to the applicant as his/her file, forwarding another folder to the SP for its consideration, and retaining one folder for CPDO technical evaluation.
E. SP immediately includes AP Application in the agenda for its next regular session, while CPDO independently conducts technical evaluation.
F. SP reads the AP Application for the first time, and forwards the folder to the Committee on Land Use (CLU) for its evaluation.
G. CLU immediately calls for a Committee Hearing for the purpose of evaluating the AP Application, inviting the following: the applicant with his/her technical staff, the CPDO for its technical evaluation report, and other persons deemed necessary.
H. CLU, through an official report in the SP Regular Session, presents its disposition on the AP Application after a through evaluation and study which may include project site visit. SP, then, decides whether to grant or deny the AP Application.
I. Should SP decide to grant AP, a Resolution must be passed for this purpose which should be endorsed to the City Mayor. One the City Mayor approves the Resolution, CPDO prepares and issues to the applicant an AP Certificate. The applicant may request from SP Secretariat copy of the SP Resolution.
J. Should SP decide to deny AP, the CPDO shall be instructed to issue Notice of Deficiency/ies to the applicant within two (2) days after the SP decision is made.
K. If the City Mayor disapproves the SP Resolution granting AP, he shall formally communicate to the SP his comment/s or reason/s and return the unsigned Resolution. Then, SP shall discuss the City Mayor’s comments during its next regular session. If SP agrees with the City Mayor, it shall instruct the SP Secretary to issue Notice of Denial/Disapproval to the applicant, citing therein the reason/s. However, if SP disagrees with the City Mayor, it may override the City Mayor by re-passing the same Resolution by two-thirds (2/3) vote of all its members.
Article V – General Provisions for PALC, DP & AP
Section 10. Processing Period. Each application of PALC, DP and AP shall be processed within thirty (30) days only, whether it is subsequently granted or denied, reckoned from the date of acceptance by the CPDO of the applicant’s complete documentary requirements up to the date the SP decides on the matter.
Section 11. Processing & Inspection Fees. All applicants requesting approval for PALC, DP or AP shall pay the necessary fees as enunciated in Articles VIII hereof. Failure to submit proof of payment of such fee, which shall form part of the required documents, is a ground for CPDO’s non-acceptance of any application.
Section 12. Appeal or Request for Reconsideration. When an application is denied by SP, appeal or request for reconsideration shall be filed at the CPDO for re-evaluation purposes. It shall only be entertained by SP once the Notice of Deficiency/ies is satisfactorily addressed by the applicant and a report of compliance thereto is made by CPDO.
When an application is denied by the City Mayor and concurred to by the SP members, appeal or request for reconsideration shall be filed at the SP.
All appeals or requests for reconsideration shall be filed within fifteen (15) days from the date of applicant’s receipt of Notice of Deficiency/ies (issued by the CPDO) or Notice of Denial/Disapproval (issued by SP Secretariat).
Section 13. Certificates. The CPDO shall design and prepare Certificates for approved PALC, DP and AP Applications, to be issued to every applicant free of charged. The certificate shall be non-transferable and shall be displayed prominently by the applicant in all his/her offices. Each certificate shall be duly signed by the City Mayor, the Chairman of the SP Committee on Land Use and the CPDO Chief.
Section 14. Effectivity and Expiration of Certificates. The PALC Certificate shall be effective for one hundred eighty (180) days from the date the SP approves its granting. The DP Certificate shall be effective for three (3) years from the date the SP approves its granting. The AP Certificate shall be effective for one (1) year from the date the SP approves its granting.
All certificates shall automatically expire and will be of no force and effect, after the lapse of their effective dates.
Section 15. Extension of Certificates. A one-time extension of certificate may be granted if favourably endorsed by the City Mayor and the Chairman of the SP Committee on Land Use, and upon payment of the required fees as enunciated in Article VIII hereof. Notice of grant of extension shall be duly signed by the City Mayor, the Chairman of SP Committee on Land Use and the CPDO Chief.
Written request for extension, however, shall be filed by the applicant at the CPDO ten (10) days prior to the lapse of the effectivity of certificate. No request for extension shall be entertained after the lapse of effectivity of certificate.
Furthermore, extended PALC Certificate shall be effective for sixty (60) days only, extended DP Certificate shall be effective for one (1) year only, and extended AP Certificate shall be effective for four (4) months only. Extension shall reckon from the date of expiry of the original certificate.
Article VI – Powers and Duties of CPDO
Section 16. Power and Primary Duty. The CPDO is hereby empowered to refuse receipt or endorsement of any application whose documents are incomplete and/or not in order. The exercise of this power shall be its primary duty under this Ordinance, and no one shall compel its staff to do otherwise.
Section 17. Other Duties. The following shall constitute the other duties of CPDO, namely:
A. To accomplish the checklist of requirements/documents submitted;
B. To conduct inspection, ascertain conformity to zoning and land use plan, know actual land use within one kilometre radius, check accessibility, verify existing facilities/utilities within 100-meter radius, determine drainage outfall, know tenancy issue (if any) and locate critical areas, if any;
C. To determine if application is covered by socialized housing development requirement; and if so, to compute the required area or cost for such socialized housing project;
D. To stamp on the cover of the PALC, DP or Alteration of Plans Folders, and on the Site Development Plan/Schematic Subdivision Plan;
E. To evaluate the proposed Site Development Plan or Schematic Subdivision Plan based on the general design and planning consideration, the following: integrated road circulation system, alignment and conformity with the general mode of development, dimensions and specifications of roads, provision for possible improvement and expansion, location of parks and playground and other community facilities, and other design parameters on lot size/frontage (of corner lots, inside lots, interior lots, irregular lots, through lots, duplex/semi-detached, rowhouse/semi-detached), allowable block length and plotting consideration;
F. To determine land allocation and compute the following: total number of saleable lots, total saleable area, conformity to maximum saleable area under PD 126 and its implementing rules, density; required area for open space, green parks and playground based on density; proposed area for open space, green parks and playground; total open space, total road area (including alleys, dead-ends and pathwalks), and the other area for community facilities/utilities (e.g. easements, drainage, alley, deepwell areas, water tank area, etcetera);
G. To officially forward to the SP every application with complete documents, on the day of their receipt.
H. To compare and analyze the DP application documents in relation to the PALC issued, and the Alteration of Plans documents in relation to the DP issued;
I. To prepare Technical Evaluation Report (TER) for every PALC application, Consolidated Evaluation Report (CER) for every DP application, and another TER for every Alteration of Plans application.
J. To coordinate with other offices/entities in the preparation of TER and CER;
K. To issue Notice of Deficiency/ies and Cease and Desist Order, when necessary;
L. To design and prepare appropriate Certificates for PALC, DP and Alteration of Plans including Notice of Grant of Extension;
M. To perform such other duties as may be necessary to effectively evaluate every application pursuant to existing laws and regulations.
Article VII – Socialized Housing Development Requirement
Section 18. Mode of Compliance. All modes of compliance approved by the Housing and Land Use Regulatory Board (HLURB) shall be made available to the housing developers in the city.
Section 19. Order of Priority. Compliance to Section 18 of Republic Act No. 7279 shall be based on the order of priority hereunder specified:
First Priority – Whatever Mode Designed by the City and Acceptable to the Developer/Applicant, subject to HLURB approval;
Second Priority – All Other Modes Already Approved by HLURB; and
Third Priority – Combination of All These Modes.
Section 20. Exemption. Residential condominium projects shall be exempted from the requirement of Section 18, Republic Act No. 7279.
Article VIII – Schedule of Fees
Section 21. The following fees and charges on subdivision permits/clearances are hereby fixed as follows:
Projects under PD 957
A. Subdivision
1. Preliminary Approval for Locational Clearance (PALC)
P 250.00/ha or a fraction thereof
Inspection Fee
P 1,000.00/ha. regardless of density
2. Final Approval & Development Permit
P 2,000.00/ha. regardless of density
Additional Fee on Floor Area of houses and building sold with lot
P 2.00/sq. m.
Inspection Fee
P 1,000.00/ha. regardless of density
3. Alteration of Plan (affected areas only)
Same as Final Approval & Dev’t. Permit
4. Extension of Time to Develop
P 350.00
Inspection Fee (Affected/unfinished area only)
P 1,000.00/ha.
B. Approval of Condominium Project
1. Preliminary Approval for Locational Clearance (PALC)
1,000.00
2. Final Approval and Development Permit
Processing Fee:
a. Land Area
P 5.00/sq. m.
b. No. of Floors
P 200.00/floor
c. Building Areas
P 4.00/sq.m.
Inspection Fee
P12.00/sq.m.
3. Alteration of Plan
Same as Final Approval & Development Permit
4. Extension of Time to Develop
P 350.00
Inspection Fee (affected /unfinished areas only)
P 1,000.00/ha. regardless of density
Projects under BP 220
A. Subdivision
1. Preliminary Approval for Locational Clearance (PALC)
Processing Fee:
a. Socialized Housing
P 75.00/ha.
b. Economic Housing
P 150.00/ha.
Inspection Fee:
a. Socialized Housing
P 200.00/ha
b. Economic Housing
P 500.00/ha.
2. Final Approval and Development Permit
Processing Fee:
a. Socialized Housing
P 500.00/ha.
b. Economic Housing
P 1,000.00/ha.
Inspection Fee:
a. Socialized Housing
P 200.00/ha
b. Economic Housing
P 500.00/ha.
3. Alteration of Plan (affected areas only)
Same as Final Approval & Development Permit
4. Extension of Time to Develop
Filing Fee:
a. Socialized Housing
P 350.00
b. Economic Housing
P 350.00
Inspection Fee:
a. Socialized Housing
P 200.00/ha
b. Economic Housing
P 500.00/ha.
B. Condominium
1. Preliminary Approval for Locational Clearance (PALC)
P 500.00
2. Final Approval and Development Permit
a. Total Land Area
P 5.00/sq.m.
b. Number of Floor
P 100.00/floor
c. Building Area
P 2.00/sq.m. of Gross Floor Area
Inspection Fee
P 2.00/sq.m. of Gross Floor Area
3. Alteration of Plan (affected areas only)
Same as Final Approval & Development Permit
4. Extension of Time to Develop
P 350.00
Inspection Fee
Floor Area x P 2.00 x % of remaining development cost
INDUSTRIAL/COMMERCIAL SUBDIVISION
1. Preliminary Approval for Locational Clearance (PALC)
P 300.00/ha.
Inspection Fee
P 1,000.00/ha.
2. Final Approval and Development Permit
P 5,000.00/ha.
Inspection Fee
P 1,000.00/ha.
3. Alteration of Plan (affected areas only)
Same as Final Approval & Development Permit
4. Extension of Time to Develop
P 350.00
Inspection Fee (affected/unfinished areas only)
P 1,000.00/ha.
FARMLOT SUBDIVISION
1. Preliminary Approval for Locational Clearance (PALC)
P 200.00/ha.
Inspection Fee
P 500.00/ha.
2. Final Approval and Development Permit
P 1,000.00/ha.
Inspection Fee
P 5,000.00/ha.
3. Alteration of Plan (affected areas only)
Same as Final Approval & Development Permit
4. Extension of Time to Develop
P 350.00
Inspection Fee (affected/unfinished areas only)
P 1,000.00/ha.
MEMORIAL PARK/CEMETERY PROJECT/COLUMBARIUM
1. Preliminary Approval for Locational Clearance (PALC)
a. Memorial Projects
P 500.00/ha.
b. Cemeteries
P 200.00/ha.
c. Columbarium
P 2,500.00/ha.
Inspection Fee
a. Memorial Projects
P 1,000.00/ha.
b. Cemeteries
P 500.00/ha.
c. Columbarium
P 12.00/sq.m. of Gross Floor Area
2. Final Approval and Development Permit
a. Memorial Projects
P 2.00/sq.m.
b. Cemeteries
P 1.00/sq.m.
c. Columbarium
P 4.00/sq.m. of Gross Floor Area
Inspection Fee
a. Memorial Projects
P 1,000.00/ha.
b. Cemeteries
P 500.00/ha.
c. Columbarium
P 12.00/sq.m. of Gross Floor Area
3. Alteration of Plan (affected areas only)
Same as Final Approval & Development Permit
4. Extension of Time to Develop
P 350.00
Inspection Fee (affected/unfinished areas only)
a. Memorial Projects
P 1,000.00/ha.
b. Cemeteries
P 500.00/ha.
c. Columbarium
P 12.00/sq.m. of remaining Gross Floor Area
UPLC Legal Research Fee
Computation of Legal Research Fee for the University of the Philippines Law Center (UPLR) remains at One Percent (1%) of every charged but shall in No Case Be Lower than P10.00.
Article IX – Grounds for Denial and Revocation of PALC and DP
Section 22. Grounds for Denial/Revocation of PALC. PALC application shall be denied or revoked based on the following grounds:
A. Non-compliance to the Notice of Deficiency/ies;
B. Non-payment of required fees;
C. Premature physical development of project site, unless compliant to Section 25 A hereof; and
D. Premature marketing of lots in the project site, unless compliant to Section 25 D hereof.
Section 23. Grounds for Revocation of DP. DP shall be revoked based on the following grounds:
A. Actual deviation from the Approved Plan without securing approval for Alteration of Plan;
B. Non-compliance to the conditions set forth in the ECC;
C. Unauthorized closure or diversion of creek or river;
D. Misrepresentation;
E. Concealment of Material Facts; and
F. Submission of Fraudulent Documents.
Article X – Prohibitions and Penalties
Section 24. Prohibited Acts. The following acts shall be considered unlawful:
A. Introducing physical development within the project site even without approved PALC, DP or AP;
B. Developing not in accordance with the Development Permit issued;
C. Unauthorized closure or diversion of existing creek or river; and
D. Selling/marketing units even without HLURB License to Sell.
Section 25. Penalties. The following shall be the penalties or sanctions against housing developers who committed any of the prohibited acts enumerated in the preceding section:
A. For violation of letter A Section 24 hereof, an administrative fine of Five Thousand Pesos (P5,000.00) for the first offense; for the second offense, an administrative fine of P5,000.00 and shortening by two (2) months the effectivity of PALC, by one (1) year the effectivity of DP, and by four (4 months the effectivity of AP; and for the third offense, an administrative fine of P5,000.00 and permanent revocation of PALC, DP and AP Certificates;
Each time a violation is committed on letter A Section 24 hereof, a Cease and Desist Order shall be issued by the CPDO.
B. For violation of letter B Section 24 hereof, an administrative fine of P5,000.00 for the first offense; for the second offense, an administrative fine of P5,000.00 and temporary cancellation of DP for a period of six months; and for the third offense, an administrative fine of P5,000.00 and permanent revocation of DP.
For each violation of letter B Section 24 hereof, a Cease and Desist Order shall be issued by the CPDO.
C. For violation of letter C Section 24 hereof, an administrative fine of P5,000.00 and the violator shall be ordered by the City ENRO to open or restore the natural creek or river, for the first offense; for the second offense, an administrative fine of P5,000.00 and temporary cancellation of Business Permit until the creek or river is restored once again; and for the third offense, an administrative fine of P5,000.00 and permanent cancellation of Business Permit.
D. For violation of letter D Section 24 hereof, an administrative fine of P5,000 for the first offense; for the second offense, an administrative fine of P5,000 and temporary cancellation of Business Permit for three (3) months; and for the third offense, an administrative fine of P5,000.00 and permanent cancellation and non-renewal of Business Permit.
Article XI – Miscellaneous Provisions
Section 26. Conditional Approval Not Allowed. No application for PALC, DP and AP with incomplete documents shall be approved by the City Government of Naga.
Section 27. Observance to HLURB Rules. All HLURB Rules and Regulations (e.g. documentary/plan requirements, minimum design standards, etc.) for industrial/commercial subdivision, farmlot subdivision, memorial park/cemetery/columbarium project, and residential/commercial condominium project that are not expressly mentioned hereto shall subsist and form part of this Ordinance; however, the processing procedure and timeframe as herein illustrated in residential subdivision shall be strictly followed.
Section 28. Exclusive Area for Green Parks. Over and above the minimum design standards required by the Housing and Land Use Regulatory Board (HLURB), there shall be allocated in every subdivision and condominium project an area equivalent to no less than two (2) percent of the total area of the project site, which must be exclusively reserved, utilized and dedicated to Green Park where greeneries like flower-bearing plants and bird-drawing trees abound, and when possible, accentuated by public arts like sculpture, monuments, memorials or civic statuary.
This Green Park area shall have separate land title, which must bear annotation of restriction that said area shall not be transformed into other uses and that no one – not even the City Government, the Barangay Council, the project owner/developer nor the homeowners association – is authorized to convert the same into other uses.
Section 29. Energy-Efficient Housing Designs. Housing developers are hereby enjoined to adopt energy-efficient housing designs in their projects located in Naga City, while at the same time keeping their packages reasonably priced.
Section 30. Separability Clause. Should any portion of this Ordinance be declared unconstitutional or illegal by any court of competent jurisdiction, the portions not so declared shall remain in full force and effect.
Section 31. Repealing Clause. All ordinances or executive orders or provisions thereof which are inconsistent with the provisions of this Ordinance are hereby repealed or amended accordingly in so far as they are inconsistent with the provisions of this Ordinance.
Section 32. Effectivity Clause. This Ordinance shall take effect upon its approval and publication in at least one newspaper in the Bicol Region.
Enacted:
WE HEREBY CERTIFY to the correctness of the foregoing ordinance.
Proposed Ordinance (revised as of February 12, 2008)
AN ORDINANCE PRESCRIBING GUIDELINES FOR APPROVAL OF PRELIMINARY AND LOCATIONAL CLEARANCE (PALC), DEVELOPMENT PERMIT (DP) AND ALTERATION OF PLANS (AP) FOR RESIDENTIAL SUBDIVISION PROJECTS AND FOR OTHER PURPOSES IN THE CITY OF NAGA
Authored by: Councilor Nathan Sergio
Be it enacted by the Sangguniang Panlungsod that:
Article I – Title, Scope, Principles and Policies
Section 1. Short Title. This ordinance shall be known and cited as “PALC and DP Ordinance of Naga City”;
Section 2. Scope. This Ordinance shall cover all requests for PALC, DP and AP for residential subdivision projects in Naga City. This ordinance also covers other projects like industrial/commercial subdivision, farmlot subdivision, memorial park/cemetery/columbarium project, and residential/commercial condominium project.
Section 3. Principles and Policies. This Ordinance shall be governed by the basic principles of transparency, accountability, predictability, clarity and simplicity. Thus, it shall be the policy of the city:
3.1 To expand participation during the evaluation process by including the other competent offices;
3.2 To exact accountability where responsibility belongs;
3.3 To provide timeframe for processing of PALC, DP and AP; and
3.4 To have clear and client-friendly guidelines without sacrificing the policies just stated.
It shall be also the policy of the City Government of Naga to process separately all PALC, DP and AP applications.
Article II – Preliminary and Locational Clearance (PALC)
Section 4. PALC Documentary Requirements. The following documents shall be required from all housing developers requesting for PALC, namely:
A. Applicant’s Letter of Intent, for both main project and the socialized housing component, stating the projects’ description, size and location;
B. CDPO Site Zoning Certification;
C. Current Business Permit;
D. Proposed Site Development Plan/Schematic Subdivision Plan, showing the proposed layout; total project area and total development cost; number of saleable lots, saleable area, selling price, average lot size; land allocation/area for Open Space (roads, alleys, parks, playground and community facilities)
E. Vicinity Map, indicating the adjoining land uses, access, existing facilities and utilities at least 100 meters from the property boundaries of the project/s, drawn to scale;
F. Right to Use or Deed of Sale or Right-of-Way Access Road and other Utilities when applicable;
G. Certified True Copy of Land Title/s;
H. CTO Certification of updated Realty Tax Payment, with xerox copy of Tax Receipt/s;
I. Survey Plan of the Lot/s as described in the land title/s;
J. Statement of Proposed Mode of Compliance to Socialized Housing Development requirement under Section 18 RA 7279.
These documentary requirements shall be submitted in three (3) sets inside folders with marking “Documents for PALC Application”, plus the name and location of project, and the name of applicant or entity.
Section 5. Procedures. All PALC application by housing developers shall undergo the process enumerated hereunder:
A. Applicant presents three (3) sets/folders of documentary requirements to the CPDO.
B. CPDO verifies the documents’ completeness using triplicate copy of a Checklist of PALC Requirements; if complete, CPDO prepares four copies of Order of Payment for the processing and inspection fees, and issues one copy to the applicant.
C. Applicant pays in full the processing and inspection fees at the City Treasurer’s Office, and provides CPDO two certified xerox copy of the Official Receipt.
D. CPDO attaches copy of the verified Checklist, Order of Payment and certified xerox copy of the Official Receipt to each of the three folders containing the PALC application documents, and stamps each Letter of Intent as officially received, immediately giving one folder of documents to the applicant as his/her file, forwarding another folder to the SP for its consideration, and retaining one folder for CPDO technical evaluation. The original copy of the Official Receipt must be retained with the applicant.
E. SP automatically includes PALC Application in the agenda for its next regular session, while CPDO independently conducts technical evaluation.
F. SP reads the PALC Application for the first time, and forwards the folder to the Committee on Land Use (CLU) for its evaluation.
G. CLU immediately calls for a Committee Hearing for the purpose of evaluating the PALC Application, inviting the following: the applicant with his/her technical staff; the CPDO for its technical evaluation report; and other resource persons deemed necessary.
H. CLU, through an official report in the SP Regular Session, presents its disposition on the PALC Application after a thorough evaluation and study which may include project site visit. SP, then, decides whether to grant or deny the PALC Application.
I. Should SP decide to grant PALC, a Resolution must be passed for this purpose which should be endorsed to the City Mayor. Once the City Mayor approves the Resolution, CPDO prepares and issues to the applicant a PALC Certificate. The applicant may request from SP Secretariat copy of the SP Resolution.
J. Should SP decide to deny PALC, the CPDO shall be instructed to issue Notice of Deficiency/ies to the applicant within two (2) days after the SP decision is made.
K. If the City Mayor disapproves the SP Resolution granting PALC, he shall formally communicate to the SP his comment/s or reason/s and return the unsigned Resolution. Then, SP shall discuss the City Mayor’s comments during its next regular session. If SP agrees with the City Mayor, it shall instruct the SP Secretary to issue Notice of Denial/Disapproval to the applicant, citing therein the reason/s. However, if SP disagrees with the City Mayor, it may override the City Mayor by re-passing the same Resolution by two-thirds (2/3) vote of all its members.
Article III – Development Permit (DP)
Section 6. DP Documentary Requirements. The following documents shall be required to all housing developers requesting for Development Permit (DP) and already issued PALC:
A. Applicant’s Letter of Application;
B. Developer’s Documents of Ownership and Financial Records; Articles of Incorporation and By-Laws; Audited Assets and Liabilities/Latest Financial Statement; Income Tax Return for the last three (3) consecutive years;
C. Certified Xerox copy of the Joint Venture Agreement (JVA), if the project is a joint undertaking between a landowner and a housing developer;
D. Barangay Clearance signed by the Punong Barangay, or his authorized representative, where the project will be located;
E. Topographic Map of the Site, showing the location of critical areas (e.g. creek area, flood prone area, etcetera), if any;
F. Site Development Plan;
G. Project’s Feasibility Study including Cash Flow Statement, Income Statement, Return on Investment (ROI) and its Ratio on Sales, and Payback Period;
H. The Engineering Plans for: the Water System Layout Plan (received and stamped by MNWD) detailing the water system plans and showing the main distribution line; the Power Supply System Plan (received and stamped by CASURECO II); the Drainage and Sewer System Plan which include the profiles showing the hydraulic gradients and properties of the main lines including structures in relation with the road grade line, and the details of drainage and miscellaneous structure such as various types of manholes, catch basis inlet (curb, gutter and drop) culverts and channel linings; the Road System Plan which include the profile showing the vertical designed grade and curve elements, the typical roadway sections (i.e. relative dimension and slopes pavement, gutters, sidewalks, benching and others), the details of roadway (i.e. required thickness of pavement, sub-grade treatment and sub-base course design analysis), and the details of roadway and miscellaneous structure such as curb and gutter; the Housing Plan (every house model or design for house-and-lot projects), and for Other Facilities to be constructed in the project area;
I. PERT-CPM;
J. Waste Management Plan, for both solid and liquid waste;
K. MNWD Certification/Clearance on the suitability of design of the subdivision’s proposed Water System;
L. CASURECO II Comment on the proposed Power Supply System;
M. DAR Conversion Certificate, if land is agricultural;
N. DAR Inspection Report as to tenancy, if land is agricultural, plus Affidavit of Non-Tenancy by the owner/developer for non-tenanted lands, or Affidavit of Waiver from tenant/s for tenanted lands;
O. DENR Environmental Compliance Certificate (ECC).
These documents shall be submitted in four (4) sets inside folders with marking “Documents for DP Application”, plus the name and location of project, and the name of applicant or entity.
Section 7. Procedure. All DP application by housing developers shall undergo the processes enumerated hereunder:
A. Applicant resents four (4) sets/folders of documentary requirements to the CPDO.
B. CPDO verifies the documents’ completeness using triplicate copy of a checklist of DP Requirements; if complete, CPDO prepares four copies an Order of Payment for the processing and inspection fees, and issues one copy to the applicant.
C. Applicant pays in full the processing and inspection fees at the City Treasurer’s Office, and provides CPDO two certified Xerox copy of the Official Receipt.
D. CPDO attaches copy of the verified Checklist, Order of Payment and certified xerox copy of the Official Receipt to each of the four folders containing the DP application documents, and stamps each Letter of Application as officially received, immediately giving one folder of documents to the applicant as his/her file, forwarding another folder to the SP for its consideration, and retaining two folders for CPDO technical evaluation.
E. SP automatically includes DP Application in the agenda for its next regular session. Meanwhile, CPDO forwards to CEO the various detailed Engineering Plans and the PERT-CPM for its quick evaluation, and to ENRO, the Waste Management Plan and the ECC. CPDO evaluates all the other documents.
F. CPDO calls MNWD, CASURECO II, CEO and ENRO to a meeting to discuss the DP Application and come up with a Consolidated Evaluation Report (CER).
G. SP reads the DP Application for the first time, and forwards the folder to the Committee on Land Use (CLU) for its evaluation.
H. CLU immediately calls for a Committee Hearing for the purpose of evaluating the DP Application, inviting the following: the applicant with his/her technical staff; the CPDO for its CER; the evaluators or representatives of CEO, ENRO, MNWD and CASURECO II; and other resource persons deemed necessary. Depending on the remaining available days prior to the 30-day deadline, another Hearing may be conducted by the CLU.
I. CLU, through an official report in the SP Regular Session, presents its disposition on the DP Application after a thorough evaluation and study which may include project site visit. SP, then decides whether to grant or deny the DP Application.
J. Should SP decide to grant DP, a Resolution must be passed for this purpose which should be endorsed to the City Mayor. Once the City Mayor approves the Resolution, CPDO prepares and issues to the applicant a DP Certificate. the applicant may request from SP Secretariat copy of the SP Resolution.
K. Should SP decide to deny DP, the CPDO shall be instructed to issue Notice of Deficiency/ies to the applicant within two (2) days after the SP decision is made.
L. If the City Mayor disapproves the SP Resolution granting DP, he shall formally communicate to the SP his comment/s or reason/s and return the unsigned Resolution. Then, SP shall discuss the city Mayor’s comments during its next regular session. If SP agrees with the City Mayor, it shall instruct the SP Secretary to Notice of Denial/Disapproval to the applicant, citing therein the reason/s. However, if SP disagrees with the City Mayor, it may override the City Mayor by re-passing the same Resolution by two-thirds (2/3) vote of all its members.
Article IV – Alteration of Plans (AP)
Section 8. AP Documentary Requirements. The following documents shall be required from all housing developers requesting for Alteration of Plans, namely:
A. Plan showing the proposed alteration duly signed and sealed by a Licensed Architect/Engineer;
B. Letter of Intent stating the proposed/reason for the proposed alteration/conversion;
C. Sworn statement that the affected lots/units for alteration have not been sold;
D. Written conformity of the duly organized homeowners association or in the absence thereof, majority of the lot/unit buyers; and
E. Certified true copy of title (s) of the affected lots/units if the said lots/units have been titled.
Section 9. Procedure. All applications for Alteration of Plans shall undergo the process enumerated:
A. Applicant presents three (3) sets/folders of documentary requirements to the CPDO.
B. CPDO verifies to documents’ completeness using triplicate copy a Checklist of AP Requirements; if complete, CPDO prepares four copies of Order of Payment for the processing and inspection fees, and issues one copy to the applicant.
C. Applicant pays in full the processing and inspection fees at the City Treasurer’s Office, and provides CPDO two certified xerox copy of the Official Receipt.
D. CPDO attaches copy of the verified Checklist, Order of Payment and certified xerox copy of the Official Receipt to the each of the three folders containing the AP application documents, and stamps each Letter of Intent as officially received, immediately giving one folder to the applicant as his/her file, forwarding another folder to the SP for its consideration, and retaining one folder for CPDO technical evaluation.
E. SP immediately includes AP Application in the agenda for its next regular session, while CPDO independently conducts technical evaluation.
F. SP reads the AP Application for the first time, and forwards the folder to the Committee on Land Use (CLU) for its evaluation.
G. CLU immediately calls for a Committee Hearing for the purpose of evaluating the AP Application, inviting the following: the applicant with his/her technical staff, the CPDO for its technical evaluation report, and other persons deemed necessary.
H. CLU, through an official report in the SP Regular Session, presents its disposition on the AP Application after a through evaluation and study which may include project site visit. SP, then, decides whether to grant or deny the AP Application.
I. Should SP decide to grant AP, a Resolution must be passed for this purpose which should be endorsed to the City Mayor. One the City Mayor approves the Resolution, CPDO prepares and issues to the applicant an AP Certificate. The applicant may request from SP Secretariat copy of the SP Resolution.
J. Should SP decide to deny AP, the CPDO shall be instructed to issue Notice of Deficiency/ies to the applicant within two (2) days after the SP decision is made.
K. If the City Mayor disapproves the SP Resolution granting AP, he shall formally communicate to the SP his comment/s or reason/s and return the unsigned Resolution. Then, SP shall discuss the City Mayor’s comments during its next regular session. If SP agrees with the City Mayor, it shall instruct the SP Secretary to issue Notice of Denial/Disapproval to the applicant, citing therein the reason/s. However, if SP disagrees with the City Mayor, it may override the City Mayor by re-passing the same Resolution by two-thirds (2/3) vote of all its members.
Article V – General Provisions for PALC, DP & AP
Section 10. Processing Period. Each application of PALC, DP and AP shall be processed within thirty (30) days only, whether it is subsequently granted or denied, reckoned from the date of acceptance by the CPDO of the applicant’s complete documentary requirements up to the date the SP decides on the matter.
Section 11. Processing & Inspection Fees. All applicants requesting approval for PALC, DP or AP shall pay the necessary fees as enunciated in Articles VIII hereof. Failure to submit proof of payment of such fee, which shall form part of the required documents, is a ground for CPDO’s non-acceptance of any application.
Section 12. Appeal or Request for Reconsideration. When an application is denied by SP, appeal or request for reconsideration shall be filed at the CPDO for re-evaluation purposes. It shall only be entertained by SP once the Notice of Deficiency/ies is satisfactorily addressed by the applicant and a report of compliance thereto is made by CPDO.
When an application is denied by the City Mayor and concurred to by the SP members, appeal or request for reconsideration shall be filed at the SP.
All appeals or requests for reconsideration shall be filed within fifteen (15) days from the date of applicant’s receipt of Notice of Deficiency/ies (issued by the CPDO) or Notice of Denial/Disapproval (issued by SP Secretariat).
Section 13. Certificates. The CPDO shall design and prepare Certificates for approved PALC, DP and AP Applications, to be issued to every applicant free of charged. The certificate shall be non-transferable and shall be displayed prominently by the applicant in all his/her offices. Each certificate shall be duly signed by the City Mayor, the Chairman of the SP Committee on Land Use and the CPDO Chief.
Section 14. Effectivity and Expiration of Certificates. The PALC Certificate shall be effective for one hundred eighty (180) days from the date the SP approves its granting. The DP Certificate shall be effective for three (3) years from the date the SP approves its granting. The AP Certificate shall be effective for one (1) year from the date the SP approves its granting.
All certificates shall automatically expire and will be of no force and effect, after the lapse of their effective dates.
Section 15. Extension of Certificates. A one-time extension of certificate may be granted if favourably endorsed by the City Mayor and the Chairman of the SP Committee on Land Use, and upon payment of the required fees as enunciated in Article VIII hereof. Notice of grant of extension shall be duly signed by the City Mayor, the Chairman of SP Committee on Land Use and the CPDO Chief.
Written request for extension, however, shall be filed by the applicant at the CPDO ten (10) days prior to the lapse of the effectivity of certificate. No request for extension shall be entertained after the lapse of effectivity of certificate.
Furthermore, extended PALC Certificate shall be effective for sixty (60) days only, extended DP Certificate shall be effective for one (1) year only, and extended AP Certificate shall be effective for four (4) months only. Extension shall reckon from the date of expiry of the original certificate.
Article VI – Powers and Duties of CPDO
Section 16. Power and Primary Duty. The CPDO is hereby empowered to refuse receipt or endorsement of any application whose documents are incomplete and/or not in order. The exercise of this power shall be its primary duty under this Ordinance, and no one shall compel its staff to do otherwise.
Section 17. Other Duties. The following shall constitute the other duties of CPDO, namely:
A. To accomplish the checklist of requirements/documents submitted;
B. To conduct inspection, ascertain conformity to zoning and land use plan, know actual land use within one kilometre radius, check accessibility, verify existing facilities/utilities within 100-meter radius, determine drainage outfall, know tenancy issue (if any) and locate critical areas, if any;
C. To determine if application is covered by socialized housing development requirement; and if so, to compute the required area or cost for such socialized housing project;
D. To stamp on the cover of the PALC, DP or Alteration of Plans Folders, and on the Site Development Plan/Schematic Subdivision Plan;
E. To evaluate the proposed Site Development Plan or Schematic Subdivision Plan based on the general design and planning consideration, the following: integrated road circulation system, alignment and conformity with the general mode of development, dimensions and specifications of roads, provision for possible improvement and expansion, location of parks and playground and other community facilities, and other design parameters on lot size/frontage (of corner lots, inside lots, interior lots, irregular lots, through lots, duplex/semi-detached, rowhouse/semi-detached), allowable block length and plotting consideration;
F. To determine land allocation and compute the following: total number of saleable lots, total saleable area, conformity to maximum saleable area under PD 126 and its implementing rules, density; required area for open space, green parks and playground based on density; proposed area for open space, green parks and playground; total open space, total road area (including alleys, dead-ends and pathwalks), and the other area for community facilities/utilities (e.g. easements, drainage, alley, deepwell areas, water tank area, etcetera);
G. To officially forward to the SP every application with complete documents, on the day of their receipt.
H. To compare and analyze the DP application documents in relation to the PALC issued, and the Alteration of Plans documents in relation to the DP issued;
I. To prepare Technical Evaluation Report (TER) for every PALC application, Consolidated Evaluation Report (CER) for every DP application, and another TER for every Alteration of Plans application.
J. To coordinate with other offices/entities in the preparation of TER and CER;
K. To issue Notice of Deficiency/ies and Cease and Desist Order, when necessary;
L. To design and prepare appropriate Certificates for PALC, DP and Alteration of Plans including Notice of Grant of Extension;
M. To perform such other duties as may be necessary to effectively evaluate every application pursuant to existing laws and regulations.
Article VII – Socialized Housing Development Requirement
Section 18. Mode of Compliance. All modes of compliance approved by the Housing and Land Use Regulatory Board (HLURB) shall be made available to the housing developers in the city.
Section 19. Order of Priority. Compliance to Section 18 of Republic Act No. 7279 shall be based on the order of priority hereunder specified:
First Priority – Whatever Mode Designed by the City and Acceptable to the Developer/Applicant, subject to HLURB approval;
Second Priority – All Other Modes Already Approved by HLURB; and
Third Priority – Combination of All These Modes.
Section 20. Exemption. Residential condominium projects shall be exempted from the requirement of Section 18, Republic Act No. 7279.
Article VIII – Schedule of Fees
Section 21. The following fees and charges on subdivision permits/clearances are hereby fixed as follows:
Projects under PD 957
A. Subdivision
1. Preliminary Approval for Locational Clearance (PALC)
P 250.00/ha or a fraction thereof
Inspection Fee
P 1,000.00/ha. regardless of density
2. Final Approval & Development Permit
P 2,000.00/ha. regardless of density
Additional Fee on Floor Area of houses and building sold with lot
P 2.00/sq. m.
Inspection Fee
P 1,000.00/ha. regardless of density
3. Alteration of Plan (affected areas only)
Same as Final Approval & Dev’t. Permit
4. Extension of Time to Develop
P 350.00
Inspection Fee (Affected/unfinished area only)
P 1,000.00/ha.
B. Approval of Condominium Project
1. Preliminary Approval for Locational Clearance (PALC)
1,000.00
2. Final Approval and Development Permit
Processing Fee:
a. Land Area
P 5.00/sq. m.
b. No. of Floors
P 200.00/floor
c. Building Areas
P 4.00/sq.m.
Inspection Fee
P12.00/sq.m.
3. Alteration of Plan
Same as Final Approval & Development Permit
4. Extension of Time to Develop
P 350.00
Inspection Fee (affected /unfinished areas only)
P 1,000.00/ha. regardless of density
Projects under BP 220
A. Subdivision
1. Preliminary Approval for Locational Clearance (PALC)
Processing Fee:
a. Socialized Housing
P 75.00/ha.
b. Economic Housing
P 150.00/ha.
Inspection Fee:
a. Socialized Housing
P 200.00/ha
b. Economic Housing
P 500.00/ha.
2. Final Approval and Development Permit
Processing Fee:
a. Socialized Housing
P 500.00/ha.
b. Economic Housing
P 1,000.00/ha.
Inspection Fee:
a. Socialized Housing
P 200.00/ha
b. Economic Housing
P 500.00/ha.
3. Alteration of Plan (affected areas only)
Same as Final Approval & Development Permit
4. Extension of Time to Develop
Filing Fee:
a. Socialized Housing
P 350.00
b. Economic Housing
P 350.00
Inspection Fee:
a. Socialized Housing
P 200.00/ha
b. Economic Housing
P 500.00/ha.
B. Condominium
1. Preliminary Approval for Locational Clearance (PALC)
P 500.00
2. Final Approval and Development Permit
a. Total Land Area
P 5.00/sq.m.
b. Number of Floor
P 100.00/floor
c. Building Area
P 2.00/sq.m. of Gross Floor Area
Inspection Fee
P 2.00/sq.m. of Gross Floor Area
3. Alteration of Plan (affected areas only)
Same as Final Approval & Development Permit
4. Extension of Time to Develop
P 350.00
Inspection Fee
Floor Area x P 2.00 x % of remaining development cost
INDUSTRIAL/COMMERCIAL SUBDIVISION
1. Preliminary Approval for Locational Clearance (PALC)
P 300.00/ha.
Inspection Fee
P 1,000.00/ha.
2. Final Approval and Development Permit
P 5,000.00/ha.
Inspection Fee
P 1,000.00/ha.
3. Alteration of Plan (affected areas only)
Same as Final Approval & Development Permit
4. Extension of Time to Develop
P 350.00
Inspection Fee (affected/unfinished areas only)
P 1,000.00/ha.
FARMLOT SUBDIVISION
1. Preliminary Approval for Locational Clearance (PALC)
P 200.00/ha.
Inspection Fee
P 500.00/ha.
2. Final Approval and Development Permit
P 1,000.00/ha.
Inspection Fee
P 5,000.00/ha.
3. Alteration of Plan (affected areas only)
Same as Final Approval & Development Permit
4. Extension of Time to Develop
P 350.00
Inspection Fee (affected/unfinished areas only)
P 1,000.00/ha.
MEMORIAL PARK/CEMETERY PROJECT/COLUMBARIUM
1. Preliminary Approval for Locational Clearance (PALC)
a. Memorial Projects
P 500.00/ha.
b. Cemeteries
P 200.00/ha.
c. Columbarium
P 2,500.00/ha.
Inspection Fee
a. Memorial Projects
P 1,000.00/ha.
b. Cemeteries
P 500.00/ha.
c. Columbarium
P 12.00/sq.m. of Gross Floor Area
2. Final Approval and Development Permit
a. Memorial Projects
P 2.00/sq.m.
b. Cemeteries
P 1.00/sq.m.
c. Columbarium
P 4.00/sq.m. of Gross Floor Area
Inspection Fee
a. Memorial Projects
P 1,000.00/ha.
b. Cemeteries
P 500.00/ha.
c. Columbarium
P 12.00/sq.m. of Gross Floor Area
3. Alteration of Plan (affected areas only)
Same as Final Approval & Development Permit
4. Extension of Time to Develop
P 350.00
Inspection Fee (affected/unfinished areas only)
a. Memorial Projects
P 1,000.00/ha.
b. Cemeteries
P 500.00/ha.
c. Columbarium
P 12.00/sq.m. of remaining Gross Floor Area
UPLC Legal Research Fee
Computation of Legal Research Fee for the University of the Philippines Law Center (UPLR) remains at One Percent (1%) of every charged but shall in No Case Be Lower than P10.00.
Article IX – Grounds for Denial and Revocation of PALC and DP
Section 22. Grounds for Denial/Revocation of PALC. PALC application shall be denied or revoked based on the following grounds:
A. Non-compliance to the Notice of Deficiency/ies;
B. Non-payment of required fees;
C. Premature physical development of project site, unless compliant to Section 25 A hereof; and
D. Premature marketing of lots in the project site, unless compliant to Section 25 D hereof.
Section 23. Grounds for Revocation of DP. DP shall be revoked based on the following grounds:
A. Actual deviation from the Approved Plan without securing approval for Alteration of Plan;
B. Non-compliance to the conditions set forth in the ECC;
C. Unauthorized closure or diversion of creek or river;
D. Misrepresentation;
E. Concealment of Material Facts; and
F. Submission of Fraudulent Documents.
Article X – Prohibitions and Penalties
Section 24. Prohibited Acts. The following acts shall be considered unlawful:
A. Introducing physical development within the project site even without approved PALC, DP or AP;
B. Developing not in accordance with the Development Permit issued;
C. Unauthorized closure or diversion of existing creek or river; and
D. Selling/marketing units even without HLURB License to Sell.
Section 25. Penalties. The following shall be the penalties or sanctions against housing developers who committed any of the prohibited acts enumerated in the preceding section:
A. For violation of letter A Section 24 hereof, an administrative fine of Five Thousand Pesos (P5,000.00) for the first offense; for the second offense, an administrative fine of P5,000.00 and shortening by two (2) months the effectivity of PALC, by one (1) year the effectivity of DP, and by four (4 months the effectivity of AP; and for the third offense, an administrative fine of P5,000.00 and permanent revocation of PALC, DP and AP Certificates;
Each time a violation is committed on letter A Section 24 hereof, a Cease and Desist Order shall be issued by the CPDO.
B. For violation of letter B Section 24 hereof, an administrative fine of P5,000.00 for the first offense; for the second offense, an administrative fine of P5,000.00 and temporary cancellation of DP for a period of six months; and for the third offense, an administrative fine of P5,000.00 and permanent revocation of DP.
For each violation of letter B Section 24 hereof, a Cease and Desist Order shall be issued by the CPDO.
C. For violation of letter C Section 24 hereof, an administrative fine of P5,000.00 and the violator shall be ordered by the City ENRO to open or restore the natural creek or river, for the first offense; for the second offense, an administrative fine of P5,000.00 and temporary cancellation of Business Permit until the creek or river is restored once again; and for the third offense, an administrative fine of P5,000.00 and permanent cancellation of Business Permit.
D. For violation of letter D Section 24 hereof, an administrative fine of P5,000 for the first offense; for the second offense, an administrative fine of P5,000 and temporary cancellation of Business Permit for three (3) months; and for the third offense, an administrative fine of P5,000.00 and permanent cancellation and non-renewal of Business Permit.
Article XI – Miscellaneous Provisions
Section 26. Conditional Approval Not Allowed. No application for PALC, DP and AP with incomplete documents shall be approved by the City Government of Naga.
Section 27. Observance to HLURB Rules. All HLURB Rules and Regulations (e.g. documentary/plan requirements, minimum design standards, etc.) for industrial/commercial subdivision, farmlot subdivision, memorial park/cemetery/columbarium project, and residential/commercial condominium project that are not expressly mentioned hereto shall subsist and form part of this Ordinance; however, the processing procedure and timeframe as herein illustrated in residential subdivision shall be strictly followed.
Section 28. Exclusive Area for Green Parks. Over and above the minimum design standards required by the Housing and Land Use Regulatory Board (HLURB), there shall be allocated in every subdivision and condominium project an area equivalent to no less than two (2) percent of the total area of the project site, which must be exclusively reserved, utilized and dedicated to Green Park where greeneries like flower-bearing plants and bird-drawing trees abound, and when possible, accentuated by public arts like sculpture, monuments, memorials or civic statuary.
This Green Park area shall have separate land title, which must bear annotation of restriction that said area shall not be transformed into other uses and that no one – not even the City Government, the Barangay Council, the project owner/developer nor the homeowners association – is authorized to convert the same into other uses.
Section 29. Energy-Efficient Housing Designs. Housing developers are hereby enjoined to adopt energy-efficient housing designs in their projects located in Naga City, while at the same time keeping their packages reasonably priced.
Section 30. Separability Clause. Should any portion of this Ordinance be declared unconstitutional or illegal by any court of competent jurisdiction, the portions not so declared shall remain in full force and effect.
Section 31. Repealing Clause. All ordinances or executive orders or provisions thereof which are inconsistent with the provisions of this Ordinance are hereby repealed or amended accordingly in so far as they are inconsistent with the provisions of this Ordinance.
Section 32. Effectivity Clause. This Ordinance shall take effect upon its approval and publication in at least one newspaper in the Bicol Region.
Enacted:
WE HEREBY CERTIFY to the correctness of the foregoing ordinance.
February 19, 2008
Bingo Regulation Ordinance
(to receive a copy of this proposed ordinance in Microsoft Word format, send e-mail to ordinansa@gmail.com)
Republic of the Philippines
LUNGSOD NG NAGA
Puso ng Bicol
-oOo-
TANGGAPAN NG SANGGUNIANG PANLUNGSOD
PROPOSED ORDINANCE
AN ORDINANCE REGULATING THE OPERATION OF BINGO AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF:-
Author: Hon. Nelson S. Legacion
Be it ordained by the Sangguniang Panlungsod of the City of Naga, that:
Section 1. Title- This ordinance shall be known as the City of Naga’s “Binggo Regulatory Ordinance” and it shall be enforced in conjunction with pertinent national laws, rules, and regulations already promulgated or may later be promulgated regarding the matter.
Section 2. Declaration of Policy- The city of Naga considers gambling generally inimical to the interests of the people. Habitual gambling, in fact, is a cause of laziness and ruin. It is for this reason that the Sangguniang Panlungsod had passed a moratorium ordinance providing that no gambling of any form shall be permitted within a period of five years from its effectivity. However, said ordinance cannot apply to any game of chance which had been authorized by the national government and which the city of Naga cannot prohibit given fact that is a mere agent in the lower echelon of government.
Nonetheless, the city is not helpless in cushioning and/or protecting its constituents against the adverse impact of legal gambling especially the minors and students who may be drawn into it. Given its regulatory powers and the regulatory mechanisms herein provided, the city of Naga sees legal gambling within its territorial jurisdiction as an amusement as well as a recreational and social activity.
Section 3. Definition of Terms. – As used in Ordinance, the term:
a) Bingo- is a Philippine Amusement and Gaming Corporation (PAGCOR)sanctioned game of chance played with cards having numbered squares corresponding to numbered balls drawn at random and won by covering five squares in a row;
b) Bingo Hall- refers to the enclosed premises wherein the game bingo sanctioned by PAGCOR is held.
Section 4. Rights, Privileges and Authority.- Subject to the
provision of applicable national law, rules and regulations, the Sangguniang Panlungsod shall grant rights, privileges and authority to operate bingo in favor only of an applicant who meets the following requirements:
a) If a natural person, the applicant is at least 21 years of age, Filipino and preferably a resident of this city. If a juridical person, the applicant is organized and existing under Philippine laws, with proof thereof, and preferably with principal office in this city; and
b) The applicant possesses the requisite valid and subsisting authority from the Philippine Amusement and Gaming Corporation (PAGCOR).
Provided, that no more than two (2) franchises for bingo shall
be granted, establishing or operating within the city’s jurisdiction.
Section 5. Permit and License.- No person shall start bingo operation without first obtaining a Mayor’s Permit which may be issued only after showing that the Sangguniang Panlungsod had issued the requisite authority and the applicant has complied with the first regulatory measure herein provided.
Section 6. Regulatory Mechanisms.- Any right, privilege or authority to operate bingo shall be conditioned on the grantee’s faithful, continued and strict compliance with the following regulations, to wit:
a) On Location and Distance-
No bingo shall be established or allowed to operate within Three Hundred (300) meters from any place of worship or learning, except if the site is within a shopping center or enclosed structure hidden from the view of people outside thereof.
b) On Age Limit-
No person below 25 years of age and no students shall be allowed to place a bet or play any of the games of chance subject hereof or to enter the premises where such games are held. In case of doubt on age, the operator or owner shall require of such person necessary identification document that will ascertain his true age to qualify him to place bet or play such game of chance or enter the premises where the game of chance is being held.
c) On Date and/or Time of Operation-
Playing bingo shall start no earlier than 1:00 o’clock in the afternoon of any given day; except on special occasions and as may be permitted by the City Mayor. Provided, that no bingo shall be held during Holy Thursday and Good Friday.
d) On soundproofing device-
Soundproofing devise and such necessary enclosure shall be installed and maintained in the bingo hall to ensure that the proceedings within do not attract minors, create noise or cause disturbance to the public, particularly the adjacent or nearby establishment of learning and worship.
e) On Advertisement-
No advertisement or streamer concerning herein game of chance shall be placed or hang up in front of or within one hundred (100) meters radius of any place of worship or institute of learning in the city, except in or about the premises of the bingo hall.
Section 7. Environment and Inspection. To ensure compliance with applicable laws and regulatory measures herein provided, the public safety office of the city government of Naga is hereby empowered to enforce applicable laws, rules and regulations and/or to conduct inspection of any of the premises where the game of chance subject hereof is held on such date and time as it may deem necessary or as may be directed by the City Mayor. Its report shall be submitted to the City Mayor’s Office and the Sangguniang Panlungsod for their appropriate action.
Section 8. Penalty. In addition to or aside from the penalty under applicable national laws, rules and regulations, violation by the grantee or franchisee of any of the above regulations as well as any of the provisions hereof shall be punished as follows:
1. For the first offense- imposition of suspension of operation for a period of thirty (30) days; and
2. For the second offense- cancellation or revocation of the authority granted to the franchise or grantee.
Provided, that the penalty above provided shall be imposed
after observance of due process in a summary hearing that the City Legal Officer shall conduct for and in behalf of the City Mayor. Decision rendered pursuant thereto shall be immediately final and executory.
Section 9. Repealing Clause.- All ordinances, orders and regulations in conflict hereof, if any, are hereby modified, repealed and/or superceded.
Section 10.—Separability Clause.- The provisions of this ordinance are hereby declared to be separable and, if clause, sentence provision or section of this ordinance or application thereof to any person or circumstances should for any reason be held invalid, such invalidity shall not affect the other provisions or application of the Ordinance.
Section 11. – Effectivity.—This Ordinance shall take effect immediately upon its approval.
ENACTED ________________, 2008.
xxx xxx xxx
WE HEREBY CERTIFY to the correctness of the foregoing ordinance.
JOSE L. GRAGEDA
Secretary to the
Sangguniang Panlungsod
ATTESTED BY:
GABRIEL H. BORDADO JR.
City Vice Mayor & Presiding Officer
APPROVED:
JESSE M. ROBREDO
City Mayor
Republic of the Philippines
LUNGSOD NG NAGA
Puso ng Bicol
-oOo-
TANGGAPAN NG SANGGUNIANG PANLUNGSOD
PROPOSED ORDINANCE
AN ORDINANCE REGULATING THE OPERATION OF BINGO AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF:-
Author: Hon. Nelson S. Legacion
Be it ordained by the Sangguniang Panlungsod of the City of Naga, that:
Section 1. Title- This ordinance shall be known as the City of Naga’s “Binggo Regulatory Ordinance” and it shall be enforced in conjunction with pertinent national laws, rules, and regulations already promulgated or may later be promulgated regarding the matter.
Section 2. Declaration of Policy- The city of Naga considers gambling generally inimical to the interests of the people. Habitual gambling, in fact, is a cause of laziness and ruin. It is for this reason that the Sangguniang Panlungsod had passed a moratorium ordinance providing that no gambling of any form shall be permitted within a period of five years from its effectivity. However, said ordinance cannot apply to any game of chance which had been authorized by the national government and which the city of Naga cannot prohibit given fact that is a mere agent in the lower echelon of government.
Nonetheless, the city is not helpless in cushioning and/or protecting its constituents against the adverse impact of legal gambling especially the minors and students who may be drawn into it. Given its regulatory powers and the regulatory mechanisms herein provided, the city of Naga sees legal gambling within its territorial jurisdiction as an amusement as well as a recreational and social activity.
Section 3. Definition of Terms. – As used in Ordinance, the term:
a) Bingo- is a Philippine Amusement and Gaming Corporation (PAGCOR)sanctioned game of chance played with cards having numbered squares corresponding to numbered balls drawn at random and won by covering five squares in a row;
b) Bingo Hall- refers to the enclosed premises wherein the game bingo sanctioned by PAGCOR is held.
Section 4. Rights, Privileges and Authority.- Subject to the
provision of applicable national law, rules and regulations, the Sangguniang Panlungsod shall grant rights, privileges and authority to operate bingo in favor only of an applicant who meets the following requirements:
a) If a natural person, the applicant is at least 21 years of age, Filipino and preferably a resident of this city. If a juridical person, the applicant is organized and existing under Philippine laws, with proof thereof, and preferably with principal office in this city; and
b) The applicant possesses the requisite valid and subsisting authority from the Philippine Amusement and Gaming Corporation (PAGCOR).
Provided, that no more than two (2) franchises for bingo shall
be granted, establishing or operating within the city’s jurisdiction.
Section 5. Permit and License.- No person shall start bingo operation without first obtaining a Mayor’s Permit which may be issued only after showing that the Sangguniang Panlungsod had issued the requisite authority and the applicant has complied with the first regulatory measure herein provided.
Section 6. Regulatory Mechanisms.- Any right, privilege or authority to operate bingo shall be conditioned on the grantee’s faithful, continued and strict compliance with the following regulations, to wit:
a) On Location and Distance-
No bingo shall be established or allowed to operate within Three Hundred (300) meters from any place of worship or learning, except if the site is within a shopping center or enclosed structure hidden from the view of people outside thereof.
b) On Age Limit-
No person below 25 years of age and no students shall be allowed to place a bet or play any of the games of chance subject hereof or to enter the premises where such games are held. In case of doubt on age, the operator or owner shall require of such person necessary identification document that will ascertain his true age to qualify him to place bet or play such game of chance or enter the premises where the game of chance is being held.
c) On Date and/or Time of Operation-
Playing bingo shall start no earlier than 1:00 o’clock in the afternoon of any given day; except on special occasions and as may be permitted by the City Mayor. Provided, that no bingo shall be held during Holy Thursday and Good Friday.
d) On soundproofing device-
Soundproofing devise and such necessary enclosure shall be installed and maintained in the bingo hall to ensure that the proceedings within do not attract minors, create noise or cause disturbance to the public, particularly the adjacent or nearby establishment of learning and worship.
e) On Advertisement-
No advertisement or streamer concerning herein game of chance shall be placed or hang up in front of or within one hundred (100) meters radius of any place of worship or institute of learning in the city, except in or about the premises of the bingo hall.
Section 7. Environment and Inspection. To ensure compliance with applicable laws and regulatory measures herein provided, the public safety office of the city government of Naga is hereby empowered to enforce applicable laws, rules and regulations and/or to conduct inspection of any of the premises where the game of chance subject hereof is held on such date and time as it may deem necessary or as may be directed by the City Mayor. Its report shall be submitted to the City Mayor’s Office and the Sangguniang Panlungsod for their appropriate action.
Section 8. Penalty. In addition to or aside from the penalty under applicable national laws, rules and regulations, violation by the grantee or franchisee of any of the above regulations as well as any of the provisions hereof shall be punished as follows:
1. For the first offense- imposition of suspension of operation for a period of thirty (30) days; and
2. For the second offense- cancellation or revocation of the authority granted to the franchise or grantee.
Provided, that the penalty above provided shall be imposed
after observance of due process in a summary hearing that the City Legal Officer shall conduct for and in behalf of the City Mayor. Decision rendered pursuant thereto shall be immediately final and executory.
Section 9. Repealing Clause.- All ordinances, orders and regulations in conflict hereof, if any, are hereby modified, repealed and/or superceded.
Section 10.—Separability Clause.- The provisions of this ordinance are hereby declared to be separable and, if clause, sentence provision or section of this ordinance or application thereof to any person or circumstances should for any reason be held invalid, such invalidity shall not affect the other provisions or application of the Ordinance.
Section 11. – Effectivity.—This Ordinance shall take effect immediately upon its approval.
ENACTED ________________, 2008.
xxx xxx xxx
WE HEREBY CERTIFY to the correctness of the foregoing ordinance.
JOSE L. GRAGEDA
Secretary to the
Sangguniang Panlungsod
ATTESTED BY:
GABRIEL H. BORDADO JR.
City Vice Mayor & Presiding Officer
APPROVED:
JESSE M. ROBREDO
City Mayor
Noise Ordinance
(to receive a copy of this proposed ordinance in Microsoft Word format, send e-mail to ordinansa@gmail.com)
Republic of the Philippines
LUNGSOD NG NAGA
Puso ng Bicol
-oOo-
TANGGAPAN NG SANGGUNIANG PANLUNGSOD
PROPOSED ORDINANCE
AN ORDINANCE REVISING ORDINANCE NO. 523, S. 1976 ENTITLED AN ORDINANCE PROHIBITING NOISE IN THE CITY OF NAGA, AND FOR OTHER PURPOSES:-
Author: Hon. Salvador M. del Castillo
Be it ordained by the Sangguniang Panlungsod of the City of Naga, that:
ARTICLE I
DECLARATION OF POLICY AND DEFINITION OF TERMS
Section 1.- The City of Naga hereby declares that noise is a public nuisance and a danger to health of the people.
Section 2.– Definition of Terms.- For purposes of this ordinance, the following words/phrases as used in this ordinance shall mean:
a. Certificate of Compliance- a certificate issued by the City Environment and Natural Resources Officer to the owner/ operator of a motor vehicle or generator set, stating that sound emitted by said vehicle, engine, motors or generators complies with the provisions of this ordinance.
b. Muffler- a device to reduce noise from the exhaust of an internal combustion engine.
c. Modified Muffler- a device attached to a motor vehicle which was changed in the form or character, and varies from its intended purpose on which a sound booster and other sound emitting device is installed in order to increase noise and for other purposes.
d. Modified Motorcycle- a motorcycle in which the manufacturer’s design was altered, such as handle bars and mufflers.
e. Noise- shall mean any unnecessary, discordant, loud or blaring sound which annoy, disturb, distract, or offend the senses at short or long intervals or that which exceeds Eighty (80) decibels.
f. Scooter- A-three-wheeled vehicle consisting of a board mounted on two tandem wheels, powered by an internal combustion engine.
g. Traffic Enforcers- any person or persons duly authorized by the City Mayor to man the smooth flow of traffic within the territorial jurisdiction of the City of Naga.
ARTICLE II
MOTOR VEHICLE
Section 3.- a) No motor vehicle, motorcycle, motorbike, scooter, modified motorcycle, tricycle or trimobile whether for private use or for hire shall use modified muffler, sound booster or any device that will increase the noise of said vehicle. Such vehicle shall be provided at all times while operating in the City of Naga, with silencers or mufflers that are in good working condition.
b) No motor vehicle, motorcycle, motorbike, scooter, modified motorcycle, tricycle whether for private use or for hire shall emit a sound of more than Eighty (80) decibels while plying the streets of the City of Naga.
c) In order to avoid the occurrence of accidents, particularly those involving single motorcycles, the use of Modified Motorcycles is hereby prohibited within the jurisdiction of the City of Naga.
Section 4.- The City Environment and Natural Resources Officer
of the City of Naga or any of his duly authorized representative shall conduct an inspection of motor vehicles once a year plying the streets of the city for purposes of measuring the sound emitted by such vehicle using an Audio Meter (sound metering device), and enforcing compliance with the requirements of the proceeding Section of this Ordinance. An inspection fee of One Hundred (P 100.00) Pesos shall be paid to the City Treasurer by the motor vehicle owner or operator before issuance of a Certificate of Compliance.
ARTICLE III
ENGINES, MOTORS AND GENERATORS
Section 5.- Stationary engines, motors and electric generators shall be provided with silencers or shall be enclosed with sound proofing device. The owners of such engines, motors, and electric generators are given a period of one (1) year from the effectivity of this ordinance to provide the silencing or sound proofing device required herein.
Section 6.- Electric generators and engines being operated due to the disruption of the regular supply of electric current in the City of Naga shall be allowed to operate without the required silencing or sound proofing device only for the duration of the disruption of electric current.
Section 7.- The City Engineer and the City Environment and Natural Resources Officer or their duly authorized representative, who must be an employee of such offices shall conduct regular inspection nonce a year of such engines, motors and electric generators for the purpose of complying with the requirements of Section 5 hereof. For this purpose, a permanent register of such engines, motors and electric generators shall be kept in their office, for record and reference purposes.
ARTICLE IV
MUSIC AND PUBLIC ADDRESS SYSTEM
Section 8.- No music or sound emanating from Videoke machines, radio, musical instruments, combo, orchestra or public address system shall be amplified outside the residence, business establishment or any building.
Section 9.- Itinerant or mobile public address systems including battery or electrically operated megaphones shall be allowed only for the purposes of making announcements of special public interest, but not for more than five (5) minutes of intermittent announcement on any street within the City of Naga. A permit from the City Mayor, or the Punong Barangay, if the activity is confined within the Barangay, shall first be obtained/secured before any person or entity can use such public address system, stating on the permit the date and inclusive period of time the public address system will be allowed to operate.
Section 10.- No public address system shall be allowed between 12:00 midnight and 6:00 o’clock in the morning.
Section 11.- Exemptions.- During campaign period in connection with either Local and National Elections, the use of Public Address System or Loud Speakers shall be exempted from the coverage of the three (3) preceding Sections of this Article.
ARTICLE V
PENALTY
Section 12.- For the violation of Article II of this Ordinance, the owner/operator of the vehicle shall be fined One Thousand Five Hundred Pesos (1,500.00) for the 1st offense, Three Thousand Pesos (3,000.00) for the 2nd offense, and Five Thousand Pesos (5,000.00) for the 3rd offense or shall be imprisoned for not less than Thirty (30) days nor more than Sixty (60) days or shall suffer both fine and imprisonment at the discretion of the court.
Section 13.- For violation of Article II and IV of this Ordinance, the owner or operator shall be fined Two Thousand Pesos (2,000.00) for the 1st offense, Three Thousand Pesos (P 3,000.00) for the 2nd offense, and Five Thousand Pesos (P 5,000.00) for the 3rd offense or shall be imprisoned for not less than Forty Five (45) days nor more than Sixty (60) days, or shall suffer both fine and imprisonment at the discretion of the court.
ARTICLE VI
MISCELLANEOUS PROVISIONS
Section 14.- Enforcement.- a) The Naga City PNP shall be the lead agency in the implementation of this ordinance. In the absence of the Naga City PNP, the Traffic Enforcers under the Public Safety Office shall have the authority to apprehend and issue the Traffic Citation Ticket to any person driving or operating a motor vehicle in violation of this Ordinance. The Barangay Tanods of the 27 Barangays of the City of Naga are likewise authorized to apprehend violators of this Ordinance within their respective territorial jurisdictions, in addition to the Naga City PNP and the Traffic Enforcers under the Public Safety Office, who, for this purpose, are hereby deputized to implement the provisions of this ordinance.
b) In cases where apprehension of violators was done by the deputized Barangay Tanod, the barangay where such Barangay Tanod belongs, shall share equally with the City of Naga on the fines paid to the City Treasurer
c) The share of the Barangay from the fines mentioned in the
immediately preceding Sub-section shall be credited quarterly by the City Accountant’s Office to the Account of that particular Barangay where the apprehension of violators of this ordinance was made.
Section 15.- Repealing Clause. – The provisions of all ordinances, executive orders, rules and regulations which are inconsistent with, or contrary to the provisions of this ordinance, are hereby repealed, amended or modified accordingly.
Section 15.- Separability Clause.- If any provisions or portions of this ordinance is found to be a violation of the constitution and declared invalid by a court of competent jurisdiction, and provisions or portions thereof which are not so declared, shall remain to be in full force and effect.
Section 8.- Effectivity- This ordinance shall take effect upon approval and Fifteen (15) days after publication in a newspaper of local circulation.
UNANIMOUSLY APPROVED.
Enacted, ____________________ 2007.
xxx xxx xxx
WE HEREBY CERTIFY to the correctness of the foregoing ordinance.
GIL A. DE LA TORRE
Board Secretary IV
Secretary Designate
GABRIEL H. BORDADO JR.
City Vice Mayor
Presiding Officer
APPROVED:
JESSE M. ROBREDO
City Mayor
Republic of the Philippines
LUNGSOD NG NAGA
Puso ng Bicol
-oOo-
TANGGAPAN NG SANGGUNIANG PANLUNGSOD
PROPOSED ORDINANCE
AN ORDINANCE REVISING ORDINANCE NO. 523, S. 1976 ENTITLED AN ORDINANCE PROHIBITING NOISE IN THE CITY OF NAGA, AND FOR OTHER PURPOSES:-
Author: Hon. Salvador M. del Castillo
Be it ordained by the Sangguniang Panlungsod of the City of Naga, that:
ARTICLE I
DECLARATION OF POLICY AND DEFINITION OF TERMS
Section 1.- The City of Naga hereby declares that noise is a public nuisance and a danger to health of the people.
Section 2.– Definition of Terms.- For purposes of this ordinance, the following words/phrases as used in this ordinance shall mean:
a. Certificate of Compliance- a certificate issued by the City Environment and Natural Resources Officer to the owner/ operator of a motor vehicle or generator set, stating that sound emitted by said vehicle, engine, motors or generators complies with the provisions of this ordinance.
b. Muffler- a device to reduce noise from the exhaust of an internal combustion engine.
c. Modified Muffler- a device attached to a motor vehicle which was changed in the form or character, and varies from its intended purpose on which a sound booster and other sound emitting device is installed in order to increase noise and for other purposes.
d. Modified Motorcycle- a motorcycle in which the manufacturer’s design was altered, such as handle bars and mufflers.
e. Noise- shall mean any unnecessary, discordant, loud or blaring sound which annoy, disturb, distract, or offend the senses at short or long intervals or that which exceeds Eighty (80) decibels.
f. Scooter- A-three-wheeled vehicle consisting of a board mounted on two tandem wheels, powered by an internal combustion engine.
g. Traffic Enforcers- any person or persons duly authorized by the City Mayor to man the smooth flow of traffic within the territorial jurisdiction of the City of Naga.
ARTICLE II
MOTOR VEHICLE
Section 3.- a) No motor vehicle, motorcycle, motorbike, scooter, modified motorcycle, tricycle or trimobile whether for private use or for hire shall use modified muffler, sound booster or any device that will increase the noise of said vehicle. Such vehicle shall be provided at all times while operating in the City of Naga, with silencers or mufflers that are in good working condition.
b) No motor vehicle, motorcycle, motorbike, scooter, modified motorcycle, tricycle whether for private use or for hire shall emit a sound of more than Eighty (80) decibels while plying the streets of the City of Naga.
c) In order to avoid the occurrence of accidents, particularly those involving single motorcycles, the use of Modified Motorcycles is hereby prohibited within the jurisdiction of the City of Naga.
Section 4.- The City Environment and Natural Resources Officer
of the City of Naga or any of his duly authorized representative shall conduct an inspection of motor vehicles once a year plying the streets of the city for purposes of measuring the sound emitted by such vehicle using an Audio Meter (sound metering device), and enforcing compliance with the requirements of the proceeding Section of this Ordinance. An inspection fee of One Hundred (P 100.00) Pesos shall be paid to the City Treasurer by the motor vehicle owner or operator before issuance of a Certificate of Compliance.
ARTICLE III
ENGINES, MOTORS AND GENERATORS
Section 5.- Stationary engines, motors and electric generators shall be provided with silencers or shall be enclosed with sound proofing device. The owners of such engines, motors, and electric generators are given a period of one (1) year from the effectivity of this ordinance to provide the silencing or sound proofing device required herein.
Section 6.- Electric generators and engines being operated due to the disruption of the regular supply of electric current in the City of Naga shall be allowed to operate without the required silencing or sound proofing device only for the duration of the disruption of electric current.
Section 7.- The City Engineer and the City Environment and Natural Resources Officer or their duly authorized representative, who must be an employee of such offices shall conduct regular inspection nonce a year of such engines, motors and electric generators for the purpose of complying with the requirements of Section 5 hereof. For this purpose, a permanent register of such engines, motors and electric generators shall be kept in their office, for record and reference purposes.
ARTICLE IV
MUSIC AND PUBLIC ADDRESS SYSTEM
Section 8.- No music or sound emanating from Videoke machines, radio, musical instruments, combo, orchestra or public address system shall be amplified outside the residence, business establishment or any building.
Section 9.- Itinerant or mobile public address systems including battery or electrically operated megaphones shall be allowed only for the purposes of making announcements of special public interest, but not for more than five (5) minutes of intermittent announcement on any street within the City of Naga. A permit from the City Mayor, or the Punong Barangay, if the activity is confined within the Barangay, shall first be obtained/secured before any person or entity can use such public address system, stating on the permit the date and inclusive period of time the public address system will be allowed to operate.
Section 10.- No public address system shall be allowed between 12:00 midnight and 6:00 o’clock in the morning.
Section 11.- Exemptions.- During campaign period in connection with either Local and National Elections, the use of Public Address System or Loud Speakers shall be exempted from the coverage of the three (3) preceding Sections of this Article.
ARTICLE V
PENALTY
Section 12.- For the violation of Article II of this Ordinance, the owner/operator of the vehicle shall be fined One Thousand Five Hundred Pesos (1,500.00) for the 1st offense, Three Thousand Pesos (3,000.00) for the 2nd offense, and Five Thousand Pesos (5,000.00) for the 3rd offense or shall be imprisoned for not less than Thirty (30) days nor more than Sixty (60) days or shall suffer both fine and imprisonment at the discretion of the court.
Section 13.- For violation of Article II and IV of this Ordinance, the owner or operator shall be fined Two Thousand Pesos (2,000.00) for the 1st offense, Three Thousand Pesos (P 3,000.00) for the 2nd offense, and Five Thousand Pesos (P 5,000.00) for the 3rd offense or shall be imprisoned for not less than Forty Five (45) days nor more than Sixty (60) days, or shall suffer both fine and imprisonment at the discretion of the court.
ARTICLE VI
MISCELLANEOUS PROVISIONS
Section 14.- Enforcement.- a) The Naga City PNP shall be the lead agency in the implementation of this ordinance. In the absence of the Naga City PNP, the Traffic Enforcers under the Public Safety Office shall have the authority to apprehend and issue the Traffic Citation Ticket to any person driving or operating a motor vehicle in violation of this Ordinance. The Barangay Tanods of the 27 Barangays of the City of Naga are likewise authorized to apprehend violators of this Ordinance within their respective territorial jurisdictions, in addition to the Naga City PNP and the Traffic Enforcers under the Public Safety Office, who, for this purpose, are hereby deputized to implement the provisions of this ordinance.
b) In cases where apprehension of violators was done by the deputized Barangay Tanod, the barangay where such Barangay Tanod belongs, shall share equally with the City of Naga on the fines paid to the City Treasurer
c) The share of the Barangay from the fines mentioned in the
immediately preceding Sub-section shall be credited quarterly by the City Accountant’s Office to the Account of that particular Barangay where the apprehension of violators of this ordinance was made.
Section 15.- Repealing Clause. – The provisions of all ordinances, executive orders, rules and regulations which are inconsistent with, or contrary to the provisions of this ordinance, are hereby repealed, amended or modified accordingly.
Section 15.- Separability Clause.- If any provisions or portions of this ordinance is found to be a violation of the constitution and declared invalid by a court of competent jurisdiction, and provisions or portions thereof which are not so declared, shall remain to be in full force and effect.
Section 8.- Effectivity- This ordinance shall take effect upon approval and Fifteen (15) days after publication in a newspaper of local circulation.
UNANIMOUSLY APPROVED.
Enacted, ____________________ 2007.
xxx xxx xxx
WE HEREBY CERTIFY to the correctness of the foregoing ordinance.
GIL A. DE LA TORRE
Board Secretary IV
Secretary Designate
GABRIEL H. BORDADO JR.
City Vice Mayor
Presiding Officer
APPROVED:
JESSE M. ROBREDO
City Mayor
One Barangay One Product Ordinance
(to receive a copy of this proposed ordinance in Microsoft Word format, send e-mail to ordinansa@gmail.com)
Republic of the Philippines
TANGGAPAN NG SANGGUNIANG PANLUNGSOD
J. Miranda Ave., City Hall, City of Naga
Tel. Nos. 473-20-51 * 473-20-49 * 811-19-37 * 472-79-19
PROPOSED ORDINANCE
VVVVVVVVVVVVVVVVVV
AN ORDINANCE MANDATING THE ORGANIZATION AND MANAGEMENT OF ONE BARANGAY ONE PRODUCT (OBOP) IN THE CITY OF NAGA AND PROVIDING FUNDS THEREFOR:-
Authors:
Hon. Maria Elizabeth Q. Lavadia
Chairman, Committee on Livelihood & Micro Business Development
Hon. John G. Bongat
Chairman, Committee on Investment, Trade & Industry & Economic Enterprise
WHEREAS, Section 458 (a) (1); (2); (5); (6) of Republic Act 7160, otherwise known as the Local Government Code of 1991 states that “the Sangguniang Panglungsod, as the Legislative Body of the city, shall enact ordinances xxx for the general welfare of the city and its inhabitants xxx and shall:
(1) Approve ordinances and pass resolutions necessary for an efficient and effective city government xxx;
(2) Generate and maximize the use of resources and revenues for the development plans, program objectives and priorities of the city xxx with particular attention to agro-industrial development and city-wide growth and progress, and relative thereto, xxx;
(5) Approve ordinances which shall ensure the efficient and effective delivery of the basic services and facilities xxx;
(6) Exercise such other powers and perform such other duties and functions as may be prescribed by law or ordinance.
WHEREAS, this legislation shall further strengthen and support the countrywide growth of our local micro, small and medium enterprises considered to be an ideal and stable program to stimulate local economic activity and sustain the anti-poverty thrust of the local government;
BE IT ORDAINED by the Sangguniang Panlungsod of the City of Naga that:
SECTION 1. TITLE. - This ordinance shall be known as the “OBOP Ordinance of Naga City”;
SECTION 2. DEFINITION OF TERMS. - As used in this Ordinance, the following terms shall mean:
a) OBOP – shall refer to One Barangay One Product;
b) Product – shall refer to either goods or services;
c) MSME – shall refer to Micro, Small and Medium Enterprise as defined in existing laws.
SECTION 3. CONCEPT. - The concept of OBOP (One Barangay One Product) is an innovation of OTOP (One Town One Product) which originated in Japan and adopted by the national government.
Through OBOP, the Barangay Council takes the lead in identifying, developing and promoting a specific product or service which has a competitive advantage and marketable in both the local and international markets.
SECTION 4. OBJECTIVES. - The objectives of this Ordinance are as follows:
a) Harness the economic potential of every barangay;
b) Utilize the untapped human and natural resources in the barangay;
c) Promote entrepreneurship in the barangay through the production of local specialty product or development of a particular service;
d) Develop skills, creativity, self-reliance and productivity particularly among the unemployed residents in the barangay;
e) Promote human resource development;
f) Generate employment and provide income opportunities to barangay residents;
g) Creation of a new culture of entrepreneurship;
h) Economic empowerment of the people;
i) Develop the capability of existing entrepreneurship activities;
j) Market the OBOP products and services.
SECTION 5. OBOP-NAGA FRAMEWORK. - The organization and management of the program shall be guided by the following guidelines:
A. IDENTIFICATION OF PRIORITY PRODUCT/SERVICE BY THE BARANGAY COUNCIL
1. Identify product/service and study the feasibility of the same;
2. Validate market potential;
3. Obtain concurrence of product with LGU and national government agencies (NGAs).
B. ACTION PLANNING
1. Set goals for the priority product/service until 2010 and beyond;
2. Determine interventions needed from the partners/agencies to meet targets.
C. IMPLEMENTATION
1. Obtain and sustain technical assistance from the government agencies and other sectors, thru the creation of an OBOP inter-agency executive committee (IAEC) to be chaired by the City Mayor, as defined in Section 6 hereof.
2. Monitor the implementation of the Action Plan through regular reporting.
D. PERFORMANCE REVIEW
1. Assess developments in the implementation of the Action Plan thru the IAEC;
2. Introduce innovations in the plan.
SECTION 6. OFFICE INTEGRATION & CREATION OF THE IAEC. – The following offices, business associations, and NGOs/POs shall work as one in the implementation of this Ordinance and constituted for this purpose is the OBOP-IAEC, to wit:
a) Office of the City Mayor – with the City Mayor, as Chairman;
b) SP Committee on Livelihood and Micro Business Development – with its Chairman as Co-Chairman for Product and Service Development;
c) SP Committee on Investment, Trade and Industry, & Economic Enterprise - with its Chairman as Co-Chairman for Marketing Strategy and Development;
d) SP Committee on Tourism & External Affairs - with its Chairman as Member;
e) Liga ng mga Barangay – with its President as Member;
f) Metro PESO – with its Department Head as Member and Action Officer;
g) Naga City Council for Women – with its Representative as Member;
h) Naga City Peoples Council – with its Representative as Member;
i) Metro Naga Chambers of Commerce & Industry (MNCCI) – with its President as Member;
j) Department of Trade and Industry (DTI) – with its Representative as Member;
k) Department of Agriculture – with its Representative as Member;
l) Department of Science and Technology – with its Representative as Member;
m) Department of the Interior and Local Government – with its Representative as Member;
n) Technical Education & Skills Development Authority (TESDA) – with its Representative as Member;
o) NGO/PO – to be identified by the City Mayor and with its Representative as Member.
SECTION 7. FOCUS ON COMPREHENSIVE ASSISTANCE PACKAGE. - OBOP-IAEC shall offer a comprehensive assistance package through a convergence of services from the local government, national government agencies and the private sector, and this includes:
a) Business counselling;
b) Skills and entrepreneurial training;
c) Product design and development; and
d) Appropriate technologies and marketing.
SECTION 8. FUNDING. - The funding for the administration and enforcement of this Ordinance shall be taken from or charged against the existing appropriation for Local Development Fund, in the following manner:
a) The amount of two hundred seventy thousand pesos (P270,000.00) or ten thousand pesos (P10,000.00) each for every partner barangay is hereby appropriated for the operation of OBOP-Naga;
b) The amount of ten thousand pesos (P10,000.00) shall also be provided by the partner barangay as a counterpart;
c) Funding from the local government shall be released if (b) is satisfied.
SECTION 9. SEPARABILITY CLAUSE. – Any provision or portion of this Ordinance found to be violative of the constitution or invalid shall not impair the other provisions or parts thereof which shall continue to be in force and in effect.
SECTION 10. REPEALING CLAUSE. – Ordinances, rules and regulations or parts thereof, which are inconsistent or in conflict with the provisions of this Ordinance, are hereby repealed or modified accordingly.
SECTION 11. EFFECTIVITY. – This ordinance shall take effect immediately upon its approval and publication in a newspaper of general circulation.
ENACTED: _____________, 2008.
xxx xxx xxx
WE HEREBY CERTIFY to the correctness of the foregoing ordinance.
JOSE L. GRAGEDA
SP Secretary
GABRIEL H. BORDADO, JR.
City Vice Mayor &
Presiding Officer
Approved:
JESSE M. ROBREDO
City Mayor
Republic of the Philippines
TANGGAPAN NG SANGGUNIANG PANLUNGSOD
J. Miranda Ave., City Hall, City of Naga
Tel. Nos. 473-20-51 * 473-20-49 * 811-19-37 * 472-79-19
PROPOSED ORDINANCE
VVVVVVVVVVVVVVVVVV
AN ORDINANCE MANDATING THE ORGANIZATION AND MANAGEMENT OF ONE BARANGAY ONE PRODUCT (OBOP) IN THE CITY OF NAGA AND PROVIDING FUNDS THEREFOR:-
Authors:
Hon. Maria Elizabeth Q. Lavadia
Chairman, Committee on Livelihood & Micro Business Development
Hon. John G. Bongat
Chairman, Committee on Investment, Trade & Industry & Economic Enterprise
WHEREAS, Section 458 (a) (1); (2); (5); (6) of Republic Act 7160, otherwise known as the Local Government Code of 1991 states that “the Sangguniang Panglungsod, as the Legislative Body of the city, shall enact ordinances xxx for the general welfare of the city and its inhabitants xxx and shall:
(1) Approve ordinances and pass resolutions necessary for an efficient and effective city government xxx;
(2) Generate and maximize the use of resources and revenues for the development plans, program objectives and priorities of the city xxx with particular attention to agro-industrial development and city-wide growth and progress, and relative thereto, xxx;
(5) Approve ordinances which shall ensure the efficient and effective delivery of the basic services and facilities xxx;
(6) Exercise such other powers and perform such other duties and functions as may be prescribed by law or ordinance.
WHEREAS, this legislation shall further strengthen and support the countrywide growth of our local micro, small and medium enterprises considered to be an ideal and stable program to stimulate local economic activity and sustain the anti-poverty thrust of the local government;
BE IT ORDAINED by the Sangguniang Panlungsod of the City of Naga that:
SECTION 1. TITLE. - This ordinance shall be known as the “OBOP Ordinance of Naga City”;
SECTION 2. DEFINITION OF TERMS. - As used in this Ordinance, the following terms shall mean:
a) OBOP – shall refer to One Barangay One Product;
b) Product – shall refer to either goods or services;
c) MSME – shall refer to Micro, Small and Medium Enterprise as defined in existing laws.
SECTION 3. CONCEPT. - The concept of OBOP (One Barangay One Product) is an innovation of OTOP (One Town One Product) which originated in Japan and adopted by the national government.
Through OBOP, the Barangay Council takes the lead in identifying, developing and promoting a specific product or service which has a competitive advantage and marketable in both the local and international markets.
SECTION 4. OBJECTIVES. - The objectives of this Ordinance are as follows:
a) Harness the economic potential of every barangay;
b) Utilize the untapped human and natural resources in the barangay;
c) Promote entrepreneurship in the barangay through the production of local specialty product or development of a particular service;
d) Develop skills, creativity, self-reliance and productivity particularly among the unemployed residents in the barangay;
e) Promote human resource development;
f) Generate employment and provide income opportunities to barangay residents;
g) Creation of a new culture of entrepreneurship;
h) Economic empowerment of the people;
i) Develop the capability of existing entrepreneurship activities;
j) Market the OBOP products and services.
SECTION 5. OBOP-NAGA FRAMEWORK. - The organization and management of the program shall be guided by the following guidelines:
A. IDENTIFICATION OF PRIORITY PRODUCT/SERVICE BY THE BARANGAY COUNCIL
1. Identify product/service and study the feasibility of the same;
2. Validate market potential;
3. Obtain concurrence of product with LGU and national government agencies (NGAs).
B. ACTION PLANNING
1. Set goals for the priority product/service until 2010 and beyond;
2. Determine interventions needed from the partners/agencies to meet targets.
C. IMPLEMENTATION
1. Obtain and sustain technical assistance from the government agencies and other sectors, thru the creation of an OBOP inter-agency executive committee (IAEC) to be chaired by the City Mayor, as defined in Section 6 hereof.
2. Monitor the implementation of the Action Plan through regular reporting.
D. PERFORMANCE REVIEW
1. Assess developments in the implementation of the Action Plan thru the IAEC;
2. Introduce innovations in the plan.
SECTION 6. OFFICE INTEGRATION & CREATION OF THE IAEC. – The following offices, business associations, and NGOs/POs shall work as one in the implementation of this Ordinance and constituted for this purpose is the OBOP-IAEC, to wit:
a) Office of the City Mayor – with the City Mayor, as Chairman;
b) SP Committee on Livelihood and Micro Business Development – with its Chairman as Co-Chairman for Product and Service Development;
c) SP Committee on Investment, Trade and Industry, & Economic Enterprise - with its Chairman as Co-Chairman for Marketing Strategy and Development;
d) SP Committee on Tourism & External Affairs - with its Chairman as Member;
e) Liga ng mga Barangay – with its President as Member;
f) Metro PESO – with its Department Head as Member and Action Officer;
g) Naga City Council for Women – with its Representative as Member;
h) Naga City Peoples Council – with its Representative as Member;
i) Metro Naga Chambers of Commerce & Industry (MNCCI) – with its President as Member;
j) Department of Trade and Industry (DTI) – with its Representative as Member;
k) Department of Agriculture – with its Representative as Member;
l) Department of Science and Technology – with its Representative as Member;
m) Department of the Interior and Local Government – with its Representative as Member;
n) Technical Education & Skills Development Authority (TESDA) – with its Representative as Member;
o) NGO/PO – to be identified by the City Mayor and with its Representative as Member.
SECTION 7. FOCUS ON COMPREHENSIVE ASSISTANCE PACKAGE. - OBOP-IAEC shall offer a comprehensive assistance package through a convergence of services from the local government, national government agencies and the private sector, and this includes:
a) Business counselling;
b) Skills and entrepreneurial training;
c) Product design and development; and
d) Appropriate technologies and marketing.
SECTION 8. FUNDING. - The funding for the administration and enforcement of this Ordinance shall be taken from or charged against the existing appropriation for Local Development Fund, in the following manner:
a) The amount of two hundred seventy thousand pesos (P270,000.00) or ten thousand pesos (P10,000.00) each for every partner barangay is hereby appropriated for the operation of OBOP-Naga;
b) The amount of ten thousand pesos (P10,000.00) shall also be provided by the partner barangay as a counterpart;
c) Funding from the local government shall be released if (b) is satisfied.
SECTION 9. SEPARABILITY CLAUSE. – Any provision or portion of this Ordinance found to be violative of the constitution or invalid shall not impair the other provisions or parts thereof which shall continue to be in force and in effect.
SECTION 10. REPEALING CLAUSE. – Ordinances, rules and regulations or parts thereof, which are inconsistent or in conflict with the provisions of this Ordinance, are hereby repealed or modified accordingly.
SECTION 11. EFFECTIVITY. – This ordinance shall take effect immediately upon its approval and publication in a newspaper of general circulation.
ENACTED: _____________, 2008.
xxx xxx xxx
WE HEREBY CERTIFY to the correctness of the foregoing ordinance.
JOSE L. GRAGEDA
SP Secretary
GABRIEL H. BORDADO, JR.
City Vice Mayor &
Presiding Officer
Approved:
JESSE M. ROBREDO
City Mayor
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