EXCERPT FROM THE MINUTES OF THE 9th REGULAR SESSION OF THE SANGGUNIANG BAYAN OF GUBAT, SORSOGON HELD ON MARCH 29, 2004 AT THE SANGGUNIANG BAYAN SESSION HALL.
PRESENT:
Hon. Elena E. Estocado - Member, Sangguniang Bayan
Temporary Presiding Officer
Hon. Danilo J. Pura - Member, Sangguniang Bayan
Hon. Dominador A. Vivo - Member, Sangguniang Bayan
Hon. Eduardo R. Flores - Member, Sangguniang Bayan
Hon. Eleonor P. Ermino - Member, Sangguniang Bayan
Hon. Ramon G. Encinares - Member, Sangguniang Bayan
Hon. Sixto F. Estareja - Member, Sangguniang Bayan
Hon. Nelson E. Quiñones - Liga President
Hon. Veronica E. Escalante - SK Fed. President
ON OFFICIAL BUSINESS – Hon. Rudolfo Q. Hapa – Municipal Vice Mayor
ON LEAVE – Hon. Theresita S. Escandor – Member, Sanggunian Bayan
On motion of SB Member Eleonor P. Ermino and duly seconded by SB Member Sixto F. Estareja, the hereunder ordinance is hereby adopted:
MUNICIPAL ORDINANCE NO. 2004 - 01
ENACTING THE CODE OF ADMINISTRATIVE ORDINANCES IN THE MUNICIPALITY OF GUBAT, PROVINCE OF SORSOGON
Be It Ordained By The Sanggunian Bayan In Session That:
CHAPTER I
GENERAL PROVISIONS
Article A – INTRODUCTORY PROVISIONS
Section 1. Title. This Code shall be known and referred to as the “Code of Administrative Ordinances of the Municipality of Gubat.”
Section 2. Existing Rights. Vested rights existing on the date of the effectivity of this Code arising out of contracts or any other source of obligation, shall be governed by the original terms and provisions of said contracts or the law or ordinance on force at the time rights became vested and in no case shall this Code infringe on them.
Section 3. Reference to Code. Whenever reference is made to any provision of this Code, the reference applies to all its amendments and additions herein after made.
Section 4. Effect of Headings. The Chapter and Section Heading do not in any manner affect the scope, meaning or intent of the provisions of this Code.
Section 5. Amendment of New Chapters or Sections. Any amendment made hereto shall refer to the chapter or section concerned. A new chapter may be placed where it belongs appropriately. A new section may be added or inserted in the proper Chapter with the corresponding number.
Section 6. Relation of Code to Prior Ordinances. The provisions of this Code in so far as they bear substantially the same subject matter as the ordinances included in this codification shall be construed as restatements and continuations. Provisions which are new enactments shall be treated as such.
Section 7. Conflict Within/Between/Among Chapters or Articles. Should the provisions of the different chapters in this Code conflict or contravene with one another, the provisions within each chapter shall prevail in so far as matters in each chapter are concerned.
Section 8. Conflict with Different Sections. Should the conflict be within different sections, the provisions of the article which is last in the ordinal sequence shall govern.
Section 9. Construction of Code. In the construction of this Code the following rules shall be observed unless the construction would be inconsistent with the manifest intent of the Code.
1. General Rules - All words and phrases shall be construed and understood according to the common and approved usage of the language; but technical words and phrases and such other as may have acquired a peculiar and appropriate meaning in the law shall be construed and understood according to that peculiar and appropriate meaning.
2. Gender-Singular and Plural - Every word in any ordinance importing the masculine gender shall extend and be applied to females as well as males; and every word importing the singular number only shall extend and be applied to several other persons or things.
3. Person- The word “person” shall extend and be applied to business, corporation and voluntary association, as well as to individuals, unless plainly inapplicable.
4. Tenses – The use of any verb in the present tense shall include the future when applicable. The words “ shall have been” include past and future cases, “shall” is mandatory, and “may” is permissive.
5. Reasonable Time or Notice – In all cases where any provision of this Code shall require any act to be done in reasonable time or reasonable notice to be given that reasonable time or notice shall mean such time only as may be necessary for the prompt performance of that duty, or compliance with that notice.
CHAPTER II
SPECIAL PROVISIONS
Article A- CREATION OF THE MUNICIPALITY
Section 1. Creation of the Municipality. The existence of Gubat as a municipality since 1764 is hereby reaffirmed.
Section 2. Foundation Day. June 13th is hereby recognized as the Foundation Day of the Municipality of Gubat and declared a Special Public Holiday of the municipality for foundation day commemorative anniversaries.
Section 3. The Seal of the Municipality of Gubat.
a) 1764 – marks the year when Gubat became a separate pueblo from being a “visita” or barangay of Bulusan
b) Coconut and Palay – represent the major sources of income of Gubatnons
c) Fish, Pottery and Handicraft – fishing became an alternative source of income while the production of clay products and handicrafts made the town famous in many parts of the Bicol Region
d) Baluarte de Piedra or Tower – celebrates the peoples’ resolve in warding off the pirates who frequently raided the place during the town’s formative years
e) Gubat Map – represents a self-reliant community and respect for jurisdictional authority
f) Cross – indicates Christianity that was introduced and embraced by the people, their religiosity and devotion to the faith.
g) 42 Pili Fruits – represent the 42 barangays comprising the town
h) Budyong – it was used by the early inhabitants to warn against pirates. Now it is a symbol of unity.
Section 4. Vision of the Municipality. The Municipal Government of Gubat is committed to work for the enhancement of the quality of life of its people utilizing to the maximum its available resources towards self-sustainability equitable development thru LIFE; enabling its people to live in peace, happiness and social justice.
Section 5. Mission of the Municipality. We at the LGU- Gubat pledge to work collaboratively towards the effective and efficient implementation of LIFE (Livelihood, Infrastructure, Family/Food Security- Education/Environmental Protection/Economy) through comprehensive agricultural programs, health services, livelihood programs, infrastructure and social services towards the realization of food security, sustainable development and people empowerment.
Article B - MUNICIPAL BUDGET OFFICER
Section 1. Creation. There is hereby created in the municipality of Gubat, Sorsogon the position of Municipal Budget Officer who shall be responsible for budgeting functions of the municipality and barangay government.
Section 2.. Qualifications. The Municipal Budget Officer must possess the qualifications based on classification standard of the Civil Service Commission and Local Budget Circular No. 7/ He shall receive an annual salary fixed by Local Budget Circular No. 7 dated June 25, 1980.
Article C - MUNICIPAL ACCOUNTANT,
MUNICIPAL ENGINEER AND MUNICIPAL CIVIL REGISTRAR
Section 1. Creation. The positions of Municipal Accountant, Municipal Engineer and Municipal Civil Registrar are hereby created in the Municipality of Gubat, Sorsogon.
Section 2. Qualifications, Compensations, Powers and Duties. The qualifications, compensations, powers and duties relative to the respective positions shall be governed by the provisions of the 1991 Local Government Code.
Article D- RENAMING OF RIZAL HIGH SCHOOL TO
JOSE RIZAL NATIONAL HIGH SCHOOL
Section 1.Renaming. Rizal High School at Barangay Rizal Municipality of Gubat, Province of Sorsogon, is now hereby renamed as Jose Rizal National High School;
Section 2. Personnel and Records. All personnel, assets, liabilities and records of the Rizal High School are hereby transferred to and absorbed by the Jose Rizal National High School;
Article E - MUNICIPAL ADMINISTRATOR.
Section 1.. Creation. The position of the Municipal Administrator in the Municipality of Gubat is hereby created.
Section 2. Function. The functions, duties and responsibilities of the Municipal Administrator are those set forth in Section 480 of Republic Act No. 7160.
Section 3. Term of Office. The term of office of the Municipal Administrator is coterminous with that of the appointing authority as provided in Section 480 (a) of the same code.
CHAPTER III – THE SANGGUNIANG BAYAN
Article A- INTERNAL RULES AND PROCEDURE
OF THE SANGGUNIANG BAYAN
Rule I– THE MEMBERS
Section 1.. Assumption to Office. The members of the Sanggunian Bayan shall assume office on the day in the manner provided for by law, and shall hold the same until their successors shall have been chosen and qualified.
Section 2. Attendance in Sessions. Every member shall be present in the session hall of the Sanggunian Bayan during its sessions unless expressly excused by it or necessarily prevented from doing so by reason of sickness or other unavoidable circumstances duly reported to the Sanggunian Bayan through the presiding officer or the secretary.
Section 3. Absence during Sessions. A member who shall arrive for the session thirty minutes late from the moment the session was called to order shall be considered absent during the particular session.
Section 4. Fine for Absences. A member who shall be absent without valid reason, or such absence has not been considered by the Presiding Officer as excused, shall be fined ONE HUNDRED (P 100.00) PESOS to be collected by the Secretary to the Sanggunian Bayan.
Section 5. Attire during Sessions. The gentlemen members shall wear barong Tagalog every session and the ladies in formal attire.
Section 6. Snack Contributions. That every member shall contribute an amount to be determined through a resolution deductible from his or her representation allowance for the snacks every after session.
Section 7. Authority to Municipal Treasurer. That the Municipal Treasurer is hereby authorized to deduct the above-mentioned contribution and fines, to be turned-over to the Secretary who will render a report of all expenditures upon request of the members. The fines shall become a revolving fund of the Sanggunian Bayan.
Section 8. Official Travel. A member who is going on official travel or attending a seminar shall secure a travel order from the local chief executive and shall render a report of the same on the next regular session of the Sanggunian Bayan.
Section 9. Prohibitions. No member shall attend a session if he is under the influence of liquor; otherwise, Section 50 (b) (5) of the Local Government Code shall be applied.
Rule II- THE PRESIDING OFFICER
Section 1. Presiding Officer. The Vice-Mayor shall be the presiding officer of the Sanggunian Bayan.
Section 2. Temporary Presiding Officer. In the event of the inability of the regular Presiding Officer to preside at a Sanggunian session, the members present and constituting a quorum shall elect from among themselves a temporary presiding officer. He shall certify within ten (10) days from the passage of ordinance enacted and resolution adopted by the Sanggunian in the session over which he temporarily presided.
Section 3. Duties, and Rights of the Presiding Officer. The Presiding Officer shall have the following rights and duties:
a. To preside over the meetings of the Sanggunian Bayan;
b. To preserve order and decorum during the meetings and to exact from all present due respect and proper deportment, prevent disturbances and disorder, and to order the session hall cleared of any or all persons behaving improperly.
c. To decide all questions of order subject to appeal by any member.
d. To sign all ordinances, resolutions, orders, proceedings, and warrants issued by the Sanggunian Bayan.
e. To declare the meeting adjourned to some other time or place in case of serious disorder and great emergency.
d. The Presiding Officer shall assist in expediting the business of the Sanggunian Bayan and shall, for this purpose, be permitted to make brief remarks on matters pertaining to pending debatable questions without expressing himself for or against said questions.
e. As Presiding Officer, the Vice-Mayor shall be entitled to vote but only in case of tie. He may not however be compelled to vote.
Rule III-THE SECRETARY
Section 1. Secretary. There shall be a Secretary to the Sanggunian Bayan.
Section 2. Functions of the Secretary. The Secretary to the Sanggunian shall take charge of the Office of the Secretary to the Sanggunian Bayan and shall:
a) Attend sessions of the Sanggunian and keep a journal of its proceedings.
b) Keep the seal of the Local Government Unit and affix the same with his/her signature to all ordinances, resolutions, and other official acts of the Sanggunian and present the same to the Presiding Officer for his signature.
c) Forward to the Mayor copies of ordinances enacted by the Sanggunian and duly certified by the Presiding Officer, in a manner provided in Section 54 under Book 1 of R. A. 7160.
d) Furnish, upon request of any interested party, all ordinances and resolutions enacted or adopted by the Sanggunian, with the dates of passage and postings thereof;
e) Keep his/her office and all non-confidential records therein open to the public during the usual business hours:
f) Translate into the dialect used by the majority of the inhabitants all ordinances and resolutions immediately after their approval, and cause the posting of the same together with the original version in manner provided for under the present Local Government Code.
g) Take custody of the local archives and the local library and annually account for the same.
h) The Secretary to the Sanggunian shall designate a recorder to attend during Committee Meetings.
i) Exercise such other powers and perform such other duties and functions as may be prescribed by law or ordinances relative to his/her position.
Rule IV-COMMITTEES AND COMMITTEE REPORTS
Section 1.Creation of Committees. The Sanggunian shall create by ordinance, not later than the second meeting at the beginning of each term, committees as its particular needs may require.
Section 2. Composition. Each committee shall be composed of a chairman, a vice-chairman, and such number of members as may be determined by the Sanggunian.
Section 3. Meetings. The committees shall meet at the call of their respective chairman or a majority of their members, provided, due notice is served upon each member thereof.
Section 4. Appearance of Officials. Any committee may request, through the presiding officer, the appearance before it of any official of the municipality over which the Sanggunian exercises jurisdiction.
Section 5.Referred Matters. All committees shall report to the Sanggunian every matter referred to them by the Presiding Officer within two weeks from referral.
Section 6. Reports or Agenda. Committee reports, resolutions, ordinances and other legislative agenda shall be submitted to the Secretary two (2) working days before the regular session.
Section 7. Creation of Special Committees. Special committees may be created by the Sanggunian for special purposes and as the need for them arises. They shall cease as soon as the body shall have received reports, unless new assignments are given to them.
Rule V- SESSIONS, MEETINGS AND DECORUM
Section 1. Schedule of Regular Sessions. The regular session of the Sanggunian Bayan shall be held every Monday of the week at 8:30 in the morning at the Sanggunian Bayan Session Hall except on the first Mondays of the months with five Mondays. If a holiday falls on Monday, the session shall be held the following day.
Section 2. Special Sessions. When public interest so demands, special sessions may be called by the Local Chief Executive or by a majority of the members of the Sanggunian.
Section 3. Closed-door Session. All Sanggunian sessions shall be open to the public unless a closed-door session is ordered by an affirmative vote of a majority of the members present, there being a quorum in the public interest, or for reason of security, decency, or morality. No two (2) sessions, regular or special may be held in a single day.
Section 4. Notice. In the case of special sessions of the Sanggunian, a written notice to the members shall be served personally at the members’ usual place of residence, twenty-four (24) hours before the session is held. Unless otherwise concurred in by two-thirds (2/3) vote of the Sanggunian members present, there being a quorum, no other matters may be considered at a special session except those stated in the notice.
Rule VI- ORDER OF BUSINESS
Section 1. Order of Business. The order of business in the Sanggunian shall be as follows:
a) Call to order
b) Invocation
c) Roll call of members
d) Reading and approval of the minutes of the previous session
e) Reference to corresponding committees of proposed ordinances, proposed resolutions, petitions or requests, memorials, motions and other communications.
f) Committee reports.
g) Unfinished business
h) Business for the day
i) Other matters
j) Adjournment
Section 2. Suspension of the Rules. On motion to suspend the rules, items in the business for the day may be taken away from their fixed order and may be considered forthwith by the body.
Rule VII-PROCEDURE FOR ORDINANCES, RESOLUTIONS
AND OTHER LEGISLATIVE MATTERS
Section 1. Ordinances and Resolutions. Legislative actions of a general and permanent character shall be enacted in the form of ordinances, while those that are ministerial or administrative in nature and of temporary character shall be passed in the form of resolutions.
Section 2. Format of Ordinance. Ordinances and resolutions shall be proposed in writing and shall contain an assigned number, a title or caption, an enacting or ordaining clause and the date of its Effectivity. They shall be signed by the author or authors and submitted at least two days before the next session to the Secretary who shall report to the Sanggunian at its next session.
Section 2. Approval of Ordinances and Resolutions. Ordinances and resolutions passed by the sanggunian shall be approved and signed by the Mayor. The approval of the Mayor must be in writing and effected by him by endorsing the word “Approved” on the ordinance or resolution followed by his signature.
Section 3. Urgent Measures. Any legislative matter, duly certified by the mayor as urgent, whether or not it is included in the calendar of business may, without need of suspending the rules, be presented and considered by the body at the same meeting.
Section 4. Veto by the Mayor. If the mayor vetoes an ordinance or resolution or any part thereof, he shall signify his disapproval thereof in writing. After reconsideration, the Sanggunian shall proceed to vote on the ordinance or resolution or the vetoed item or items thereof, and the votes of each member shall be recorded on the minutes. If the ordinance or resolution or the vetoed item or items thereof are passed by the vote of two-thirds of all members of the Sanggunian, such ordinance or resolution shall be valid even without the Mayor’s approval or signature.
Rule VIII- THE MINUTES
Section 1. Minutes. The Sanggunian shall keep the minutes of its proceedings that shall comprise a succinct and exact account of business transacted and the actions taken thereon.
Section 2. Signatures by the Members of the Sangguniang Bayan. The members of the Sanggunian present at the meeting, showing those who voted for and those who voted against its approval, shall sign the original copy of the minutes. The presiding officer and the secretary must sign each copy of the minutes.
Section 3. Reading of the Minutes. The minutes of every meeting shall be read and approved by the majority of the members present at the meeting at which they are read, and if necessary, corrected by the same vote or by general consent.
Rule IX- DEBATES AND DECORUM
Section 1. Recognition of the Chair. When any member desires to deliver any remarks to the Sanggunian, he shall rise and request the Chair to let him have the floor, which consent shall be necessary before he may proceed.
Section 2. Decorum to Open and Close the Debate. The member who obtained the floor shall address his remarks to the Chair, confine himself to the question under debate, avoiding personalities, and shall conduct himself with proper decorum.
During the meetings of the Sanggunian, the members shall observe proper decorum. They shall remain in their seats during roll call or when a vote is being taken and no one shall pass between a member who has the floor and the Chair.
While the presiding officer is addressing the Sanggunian, no member shall walk out of or across the session hall.
Rule X - VOTES AND VOTING
Section 1. Voting. Voting in the sanggunian shall be done by voice, rising of hand, rising or by roll call, unless a different method is prescribed by the Sanggunian for a particular question. In taking the vote, the affirmative shall be taken first and then the negative.
Section 2. Affirmative Vote of the Majority. To pass an ordinance or resolution, the affirmative vote of a majority of all the members of the Sanggunian is necessary. Other measures, except as otherwise specially provided, shall prevail upon the majority vote of the members at any meeting duly called and held.
Section 3. Tie Vote. A tie vote defeats any measure or motion except an appeal from the decision of the Chair that shall be considered sustained by a tie vote.
Section 4. Pecuniary Interest. No member can vote on a question in which he or any member of his family within the third degree of consanguinity or affinity has a direct or personal pecuniary interest.
Rule XI- UNFINISHED BUSINESSES AT
THE END OF THE SESSION
Section 1. Unfinished Business. All unfinished businesses before the Sanggunian and its committees at the end of one session shall be resumed at the commencement of its next session.
Section 2. Unacted Business. The succeeding Sanggunian may consider businesses left unacted upon the termination of one sanggunian as matters of unfinished business.
Rule XII- PAPERS AND DOCUMENTS
Section 1. Documents. As business are disposed of by the committees, all documents and papers related to such businesses shall be delivered to the Secretary who shall keep the same in the files of the Sanggunian.
Section 2. Certified Copies of Records. During office hours the Secretary shall issue, upon demand of any person, a certified copy of any record within his/her control and shall collect a fee for said purpose in the manner prescribed by an ordinance.
Rule XIII- SUSPENSION OF RULES
Section 1. Suspension of the Rules. Any part of these rules, not prescribed by or based on statutory law or any higher act, may be suspended by general consent or by two-thirds vote of the members present, provided that the suspension of the rules shall be for the sole purpose of the question pending at the time the motion for which the said suspension is made.
Section 2. Prohibition Against Suspension. Notwithstanding the provision of the immediate preceding section, no part of these rules may be suspended if its effect is to protect absentee members or inevitably expose a member’s vote.
Rule XIV -AMENDMENTS TO RULES
Section 1. Notice of Proposed Amendment. These rules may be amended at any regular meeting by a two-thirds vote of all the members of the Sanggunian, provided that the notice of the proposed amendments has been given at the meeting previous to the one at which amendment is to be considered.
Section 2. Rules Prescribed by Statutory Law. No provision of these rules that is prescribed by, or based on statutory law or any other higher authority may be amended or revised.
Article B- STANDING COMMITTEES
Section 1. Committee on Ways and Means and Appropriations There is hereby created in the Sanggunian Bayan a Committee on Ways and Means and Appropriations with general jurisdiction over all matters relating to revenue, taxes and fees, loans, study and revision of tax measures, and other form of revenues and all matters pertaining to finance appropriation and expenditures.
Section 2. Committee on Women and Family There is hereby created in the Sanggunian Bayan a Committee on Women and Family with general jurisdiction over all matters relating to the welfare of women and family.
Section 3. Committee on Agriculture .There is hereby created in the Sanggunian Bayan a Committee on Agriculture with general jurisdiction over all matters relating to agriculture.
Section 4. Committee on Peace and Order and Human Rights .There is hereby created in the Sanggunian Bayan a Committee on Peace and Order and Human Rights with general supervision over all matters relating to police work and services, maintenance of peace and order, and the prosecution and prevention of crimes in coordination with the various police and protective agencies of the national government.
Section 5. Committee Markets, Trade and Industry. There is hereby created in the Sanggunian Bayan a Committee Markets, Trade and Industry with general supervision over all matters relating to public market and slaughterhouse and their maintenance, and matters relating to the conduct of trade and commerce within the ordinance making powers of the municipality.
Section 6. Committee on Health and Sanitation. There is hereby created in the Sanggunian Bayan a Committee on Health and Sanitation with general jurisdiction over all matters relating to the health and welfare of the residents including proposals pertaining to sanitation and social services.
Section 7. Committee on Education and Culture .There is hereby created in the Sanggunian Bayan a Committee on Education and Culture with general jurisdiction over all matters relating to education and educational institutions located in the municipality, and all matters relating to cultural affairs.
Section 8. Committee on Youth and Sports Development . There is hereby created in the Sanggunian Bayan a Committee on Youth and Sports Development with general jurisdiction on all matters relating to youth and sports activities/programs.
Section 9. Committee on Labor and Public Service (Social Services) .There is hereby created in the Sanggunian Bayan a Committee on Labor and Public Service (Social Services) with general jurisdiction over all matters relating to labor and public service and allied matters.
Section 10. Committee on Public Works, Transportation and Communication .There is hereby created in the Sanggunian Bayan a Committee on Public Works, Transportation and Communication with general jurisdiction over all matters relating to construction, maintenance, and repair of public building, streets and bridges, parks, monuments and playing grounds, building permit, zonification, other public improvement projects and those relating to transportation and communication.
Section 11. Committee on Cooperatives. There is hereby created in the Sanggunian Bayan a Committee on Cooperatives with general jurisdiction on the promotion, organization and development of cooperatives.
Section 12. Committee on Natural Resources and Environmental Protection .There is hereby created in the Sanggunian Bayan a Committee on Natural Resources and Environmental Protection with general jurisdiction over all matters relating to natural resources and environmental protection.
Section 13. Committee on Barangay Affairs. There is hereby created in the Sanggunian Bayan a Committee on Barangay Affairs with general jurisdiction over all matters relating to the affairs of the barangays and allied matters.
Section 14. Committee on Rules, Ethics and Revision of Ordinances .There is hereby created in the Sanggunian Bayan a Committee on Rules, Ethics and Revision of Ordinances with general jurisdiction over all matters relating to rules, laws, ordinances and other issuances.
Section 15. Membership. The Sangguniang Bayan, through an approved resolution in a session called for the purpose, shall choose from among themselves the composition and membership of the respective committees, except those committees covered by statutory provisions.
CHAPTER IV – AMUSEMENT, GAMES & RECREATION
Article A– DANCE HALLS , PUBLIC DANCING
Section 1. Operation of Dancing Halls. Any person or persons engaged in the business of operating dancing schools and dancing halls are required before starting the business to secure the necessary permits and licenses the amount of which are stipulated in the Municipal Revenue Code.
Section 2. Time of Operation. Operators of dance halls shall strictly comply with the time limit to operate as follows:
Ordinary Days: 8:00 PM to 1: 00 AM
Saturdays, Sundays and Holidays: 7:00 PM to 2:00 AM
Section 3. Public or Benefit Dances. Any person who organizes a public dance for benefit or fund raising purposes are required before conducting the activity to secure the necessary permits and licenses the amount of which are stipulated in the Municipal Revenue Code unless otherwise exempted by law.
Section 4. Penalty. Any violator shall be penalized with a fine of P1,000.00 and/or imprisonment of not more than 30 days at the discretion of the court.
Article B– GAMES OF CHANCE
Section 1. Games of Chance. It shall be unlawful for any person to engage in any game of chance such as cara y cruz or “paturon”,black jack, tong-its, monte, jueteng, illegal bookies and similar activities within the municipality.
Section 2. Penalty. Any person found guilty shall be fined the amount of P1,000.00 and/or imprisonment of not more than 30 days at the discretion of the court.
Article C - OPERATION OF BILLARD HALLS
Section 1. – Definition of Terms. For the purpose of carrying out this ordinance the following terms are hereby defined:
a) Student – includes any one who is enrolled in any schools in the municipality of Gubat who are supposed to attend classes regularly.
b) School hours – means the period between the start of the first period in the morning and the last period in the afternoon.
Section 2 – Prohibition. Owners or operators of billiard hall are hereby prohibited to allow students to play billiard during school hours.
Section 3– Penalty. Any violation of this ordinance shall be fined of not less than P20.00 pesos but not more P200.00 pesos for the first offense; of not less than P50.00 pesos but not more than P500.00 pesos for the second offense; and not less than P100.00 pesos but not more than P1,000.00 pesos for the third offense or an imprisonment of not less than 10 days but not more than 30 days at the discretion of the Honorable Court.
Article D – COCKPITS / COCKFIGHTING
Section 1. Scope. This ordinance shall provide for the proper establishment, operation, maintenance and ownership of cockpits and regulating cockfighting in the Municipality of Gubat, Sorsogon and for other purposes.
Section 2. Definition of Terms. For the purpose of carrying out this ordinance the following terms are hereby defined:
a) Cockfighting (Borolang) – shall embrace and mean the commonly known game or term “cockfighting”, “derby”, “pintakasi”, “tupada’ or its equivalent term in different Philippine localities.
b) Cockpit (Bolangan) – Any enclosed or fenced premises or compound provided with one or more gates or doors for definite points of entrance and exit and licensed in accordance herewith for the holding of cockfighting, derby, pintakasi, tupada or its equivalent term in different Philippine Localities.
c) Regular cockfight – Means a cockfight held on Sundays.
d) Special Cockfight – Shall mean a cockfight held on days other than Sundays and for special purposes.
e) Special Permit – Shall mean a permit granted by the Municipal Mayor to hold cockfighting on days other than Sundays.
f) Pit Manager – A person who professionally, regularly and habitually manages a cockpit and cockfights therein. He may or may not be the owner of the cockpit himself.
g) Referee (Sentenciador) – A person who matches and oversees the progress of the cockfight and decides its result by announcing the winner or declaring a draw or a no-contest game.
h) Bet Taker (Kristo) – A person who participates in cockfights and, with the use of money or other things of value, bets with only bettors or through other bet takers and wins or loses his bets depending upon the result of the cockfight as announced by the referee or sentenciador.
i) Gaffer (Paratadi) – A person knowledgeable in the technique of arming fighting cocks with gaff or gaffs on either or both legs.
j) Gaff Wound Healer – A person who administer wounded fighting cock..
k) Promoter – A person engaged in the convening and holding of specially programmed and arranged cockfighting like local and national derbies, or competitions.
l) Gamecock – Refers to domesticated fowls whether imported or locally bred, as well as the native fighting cocks indigenous to the country, especially bred, trained and conditioned for actual cockfighting or for propagation and breeding purposes for eventual use in cockfighting.
m) Breeder – A person engaged in game fowl breeding or propagation for personal and/or purposes for eventual use in cockfighting.
n) Cocker (Aficionado) – A person who participates and bets in cockfighting as a sport, amusement, recreation or form of relaxation.
Section 3. Ownership, Operation, and Management of Cockpits –
a. Filipino Citizens
b. Cooperatives or Corporations duly registered with the appropriate government agency, and a 100% Filipino – owned and formed, organized or established and licensed for such purposes.
Section 4. Number of Cockpit Allowed – Only one (1) cockpit shall be established, maintained and operated in the municipality except when the population is over One Hundred Thousand two cockpits may be 1allowed.
Section 5. Cockpits Site and Construction – Cockpits shall be constructed and operated within the areas prescribed in the zoning ordinance. No cockpits shall be constructed, maintained and/or operated within a radius of two hundred (200) lineal meters from any existing residential or commercial areas, hospitals, school buildings, churches or other public buildings. The Municipal Engineer in accordance with the National Building Code, ordinance and regulations shall make approval or issuance of building permits for the construction of cockpits.
Section 6. Place and Days Allowed in Holding Cockfighting – Cockfights shall be held only in licensed cockpits:
Section 7. Regular Cockfights. Regular cockfights shall be done on Sundays only, except on the following days when no cockfighting shall be held, to wit:
1. December 30 (Rizal Day)
2. June 12 (Phil. Independence Day)
3. November 30 Bonifacio Day
4. Last Sunday of August (National Heroes Day)
5. Holy Thursday
6. Good Friday
7. Election or Referendum, Plebiscites, day of registration days on such election
8. All Souls Day and All Saints Day
b) For not more than three (3) consecutive days and not more than once a year during municipal fiesta, and for every barangay fiesta.
c) For not more than three (3) consecutive days and not more than twice a year, on the occasion of an agricultural, commercial or industrial fair, carnival or exposition upon the resolution of the Sanggunian Bayan.
d.) For the support of the national fund-raising campaigns for charitable purposes as may be authorized by the Office of the President, provided that this privileges shall be granted for a period not exceeding three consecutive days each and only four times within a calendar year.
e) For the entertainment of foreign dignitaries or for tourist, or for returning Filipino, commonly known as “Balikbayan”, upon resolution of the Sanggunian Bayan, may authorized a cockfights in licensed cockpits or in playgrounds or parks; Provided that this privileges shall be extended for only one time of not exceeding three days within a year.
f) For derby cockfight, it shall be held not more than two (2) times a year and upon resolution of the Sanggunian Bayan.
The Municipal Mayor may issue special permit without resolution from the Sanggunian Bayan under letters b and d for special cockfights.
Section 8. Licensing of Cockpits. - Upon the grant of franchise by the Sanggunian Bayan, the Municipal Mayor upon application shall issue to the grantee or holder thereof the license to operate cockpit.
Section 9. Requirement for Licensing Cockpit. - The following must be finally complied with before the issuance of licenses.
a) Registration of Cockpits. Existing cockpit in this municipality shall register with the Office of the Municipal Mayor within sixty (60) days from the effectivity of this ordinance. No cockpit shall be allowed to operate without the proper registration certificate being secured annually not later than January 20. In order to secure a registration certificate, the applicant shall submit the following documents:
1.) An application therein stating the name of the cockpit, the name of the owner/owners, the name of the operator/manager, the name of the license, and the mailing address of all the above-mentioned.
2.) A list of all personnel and a copy of their respective licenses.
b.) New License. Every application for new license to operate and maintain a cockpit shall be submitted to the Municipal Mayor with the following requirements:
1) location and vicinity plan of the cockpit
2) the cockpit building plan/design as approved by the Municipal Engineer and a certification by him to the effect that cockpit was constructed in accordance with such approved plan/ design and that the location or site is outside the radius of 200 linear meters from any existing residential or commercial area, hospitals, school buildings, church or other public buildings.
3) Official receipts showing payments of municipal taxes, fees, and other levies prescribed by a Municipal Ordinance.
4) Sanitary Permit
5) Copy of Franchise
Letter b hereof does not apply to existing cockpit.
c) Annual Renewal. Every application for the annual renewal of a license to operate or manage a cockpit shall be submitted to the Municipal Mayor not later than January 20, of each year; and shall be accompanied with the following requirements:
1.) Official receipts showing payments of municipal taxes, fees and other levies or requirements imposed by a Municipal Ordinance.
2.) In case the cockpit was constructed ten (10) years or more upon the date of renewal of application, a certification from the Municipal Engineer to the effect that such cockpit is free from materials, structural or other physical hazards.
3.) Copy of the Franchise.
Section 10. Existing Cockpit. - Existing cockpit in the municipality shall apply for the grant of franchise to operate and maintain same cockpit within sixty (60) days from the effectivity of this ordinance.
Section 11. Fees. – Cockpit and Cockfighting Fees herein imposed are those that are imposed in the Revenue Code of the municipality.
Section 12. Registration of Cockpit Personnel. All cockpit personnel are hereby required to apply for a Mayor’s Permit and pay the corresponding fees as provided for in the Revenue Code before they can be allowed to work as such in any cockpit duly licensed by the municipality. The said cockpit personnel are only allowed to officiate in any cockfighting in a duly authorized cockpit only upon registration with the Office of the Municipal Mayor and upon payment of the corresponding fees.
Section 13. Prohibition. - No gambling of any kinds or forms is allowed inside the cockpit during and after cockfights.
Section 14. Prohibition against minors. - Person less than eighteen (18) year of age shall not be allowed inside the cockpit, during cockfights. The operators, owners, license shall strictly impose this provision.
Section 15. Penal Provision. - Any violation of any provision of this ordinance shall subject the offended to a fine of not less than Five Hundred (P500.00) Pesos but not exceeding Two Thousand Five Hundred (P2, 500.00) Pesos, or an imprisonment of not less than one (1) Month but not exceeding six (6) months, both fine and imprisonment at the discretion of the court. In addition to penalties provided herein, when the offender is the owner, operator, or manager of the cockpit, or any cockpit personnel found guilty of promoting or participating any kind or form of gambling inside the cockpit during and after cockfighting, registration and /or license may be cancelled or suspended at the discretion of the Municipal Mayor.
Article E –MOVIE AND VIDEO HOUSES
Section 1. Operation of Movie/Video Houses. All owners and operators of movie or video houses that require entrance or admission fees are required to secure the necessary permits and licenses the amount of which are stipulated in the Revenue Code of the municipality.
Section 2. Strict Adherence to Government Film Classification. Owners or operators of movie or video houses shall strictly observe the classification of every film it shows or exhibits as determined by the government.
Section 3. Karaoke /Videoke Joints. All owners and operators of karaoke or videoke joints are required to secure the necessary permits and licenses the amount of which are stipulated in the Revenue Code of the municipality.
Section 4. Penalty. Any violator shall be penalized with a fine of P1,000.00 and/or imprisonment of not more than 30 days at the discretion of the court.
Article F – AMUSEMENT DEVISES
Section 1. Operation of Amusement Devises. All owners of establishments are prohibited to maintain and operate slot machines, pinball machines, pingpong machines and the like .
Section 2. Penalty. Any violator shall be penalized with a fine of P1,000.00 and/or imprisonment of not more than 30 days at the discretion of the court.
Article G – PATRONAGE OF AMUSEMENT CENTERS
Section 1. Prohibition. Elementary and secondary school students are prohibited from entering movie houses and other similar establishments during school days and from playing billiards, pools, video machines and other devices at any amusement center in the municipality of Gubat, Sorsogon.
Section 2. Responsibility of Owners and Operators .Owners/Operators of the above mentioned establishments shall prohibit elementary and secondary students from entering their establishments during school hours/days.
Section 3. Definition of Terms.
a) Student – refers to a person presently enrolled in primary and secondary school in the municipality of Gubat, Sorsogon.
b) School Days – refer to regular school days from Mondays to Fridays.
c) Amusement Center – a place where billiard, pool, video machines, movie houses and other similar devices are being operated.
Section 4. Administrative Provision. It shall be the duty of the owner/operator of every amusement centers to post inside their establishment the prohibitions and penal provisions of this ordinance. Members of the Philippine National Police (PNP) and all Barangay Officials, Barangay Tanods and Heads of primary and secondary schools are hereby deputized to enforce this ordinance.
Section 5. Penal Provision. Pupils/Students caught violating this ordinance shall be dealt with in accordance with Art. 189 of PD 1179 Amending Chapter III, title 8 of PD 603, otherwise known as the Child and Youth Welfare Code which states that:
“A child nine years of age or under at the time of the commission of the offense shall be exempted from criminal liability and shall be committed to the care of his or her father or mother, school administrator or nearest relative or family friend at the discretion of the court and subject to its supervision. The same shall be done for a commission of the offense, unless he acted in discernment, in which case he shall be proceeded against in accordance with Article 192.”
In addition, the operators/owners of amusement centers, shall suffer the penalty of fine in the amount of P500.00 for first offense; P750.00 for second offense; and P1, 000.00 for third offense, plus suspension or cancellation of the license, at the discretion of the Mayor.
CHAPTER V – HEALTH AND SANITATION
Article A –LABORATORY SERVICES
Section 1. Laboratory Services. Persons who may avail of the laboratory services offered by Municipal Health Office shall be required to pay the necessary service fees as determined in the Revenue Code of the municipality.
Section 2. Regulation. No person shall be afforded the services provided in this ordinance if the required fees is not paid before the laboratory examination.
Article B - FAMILY PLANNING AND MARRIAGE SOLEMNIZATION
Section 1. Requirement for Application for Marriage License. All applicants for marriage are required to attend a family planning seminar before issuance of marriage license to be conducted by the Office the Municipal Health Officer as lead agency.
Section 2. Schedule of Family Planning . The concerned lead agency shall conduct the seminar at least every week or as the need arises and shall issue the certificate of attendance after paying the corresponding fee as provided for in the Revenue Code.
Section 3. Submission of Documents after Solemnization of Marriage. All officials of the government, priests, ministers, pastors or leaders of religious sects who are authorized to solemnize marriage under the laws of the Republic of the Philippines are required to submit to the office of the Municipal Civil Registrar all documents pertaining to marriage solemnized by them on the last working day of the month.
Section 4. Penalty. All violation of the preceding sections shall be penalized with a fine of P1,000.00 and/or imprisonment of not more than 30 days at the discretion of the court.
Article C - POLLUTION PREVENTION
Section 1. Disposal of Waste Materials. All owners/operators/administrators of business establishments using toxic chemicals in the manufacture of their products are prohibited to drain their waste materials direct to rivers and creeks without purifying the waste in sedimentary tanks or constructed sewage canals with a provision for sedimentation to prevent pollution.
Section 2. Disposal of Clinical Waste. All owners/operators/administrators of business establishments such as funeral parlors, clinics or hospitals are prohibited to drain their clinical waste direct to rivers and creeks or into the dump site without purifying the waste in sedimentary tanks or constructed sewage canals with a provision for sedimentation to prevent pollution or the spread of diseases.
Section 3. Sale and Use of Poison. Sale of poison is prohibited except with proper prescription of a medical practitioner. Use of poison like cyanide , arsenic , and their derivative in the catching of fish and other aquatic or marine life is prohibited.
Section 4. Penalty. All violation of the preceding sections shall be penalized with a fine of P1,000.00 and/or imprisonment of not more than 30 days at the discretion of the court.
ARTICLE D– SANITARY MEASURES
Section 1.Operation of Eateries, Fast Food and Refreshment Parlors. All owners or operators of restaurants, refreshment parlors, fast foods, bakeries and other eating places are required to keep their establishment n the most sanitary conditions provided with adequate garbage disposal, food cabinets properly covered to protect the food from dust, rodents, cockroaches and other germ-carrying insects.
Section 2. Use of Table Cloth and Wearing of Hair Nets/ Caps. All owners and operators of eateries and refreshment parlors are required to use table cloths and require their food servers to wear hair nets/ or caps while on duty.
Section 3. Sterilization of Eating Utensils. All owners and operators of eateries and refreshment parlors are required to wash and sterilize with boiling water for at least ten minutes all eating utensils before use of costumers.
Section 4. Proper Disposal of Waste in Barber shops and Beauty Parlors. All owners and operators of barber shops and beauty parlors are required to dispose of their waste in trash cans or garbage bags/container.
Section 5. Use of Public Toilets. All users of public toilets are prohibited from throwing any solid object inside the toilet bowl. Other waste shall be properly disposed in the trash cans provided for the purpose.
Section 6. Urinating in Public Places or School Premises. Urinating in public places or school premises is strictly prohibited.
Section 7. Penalty . Any person who shall be found guilty of open lewdness or any act of public indecency, grossly scandalous and tending to degrade the morals and manners of the people shall be penalized with a fine of P400.00 and imprisonment of not more than 30 days.
Article E - SANITATION
Section 1.Scope. This ordinance covers all matters pertaining to sanitation in the municipality of Gubat, Sorsogon.
Title I – WATER
Section 2. Prescribed Standards and Procedures. Standards for drinking water and their bacteriological and chemical examinations, together with the evaluation results, shall conform to the criteria set by the National Drinking Water Standards. The treatment of water to render it safe for drinking, and the disinfection of contaminated water sources together with their distribution systems shall be coordinated with the Municipal Health Office.
Section 3. Types of Water Examinations Required. The following examinations are required for drinking water.
a) Initial examination – The physical, chemical and bacteriological examinations of water from newly constructed systems of sources are required before they are operated and opened for public use.
b) Periodic examination – Water from existing sources is subject to bacteriological as often as possible but the interval shall not be longer than six months.
Section 4. Submission of Water Samples. All barangay officials shall ensure that water supply in their respective barangays are regularly and properly examined. For this purpose, collected samples are to be submitted to the Municipal health Office for the proper examination.
Section 5. Protective Measures. To protect drinking water from contamination, the following measures shall be observed:
a) Washing clothes or bathing within a radius of 25 meters from any well or other source of drinking water is prohibited.
b) No artesian , deep or shallow well shall be constructed within 25 meters from any source of pollution.
c) No person charged with the management of public water supply system shall permit any physical connection between is distribution system and that of any other water supply, unless the latter is regularly examined as to its quality by those in charge of the public supply to which the connection s made is found to be safe and potable.
d) The installation of a booster pump to boost water direct from the water distribution line of a water supply system, where low-water pressure prevails is prohibited.
TITLE II
FOOD ESTABLISHMENT
Section 1. Sanitary Permit. No person or entity shall operate a food establishment for public patronage without securing a permit from the municipality.
Section 2. Posting of Sanitary Permit. Every sanitary permit shall be posted in conspicuous place of the establishment.
Section 3. Quality and Protection of Food. All foods must be obtained from sources approved by the local health authority. I this regard, the following requirements are hereby mandated:
a) Meats, meat products and fish shall be procured from sources under sanitary or veterinary supervision.
b) All meat and fish shall be properly cooked before serving.
c) No meat products, fish, vegetables and other food products shall not be applied with preservatives like formalin and other chemicals harmful to health.
Section 4. Penalty. All violation of the preceding sections shall be penalized with a fine of P1,000.00 and/or imprisonment of not more than 30 days at the discretion of the court.
Article F- DRYING OF PALAY, COPRA, ABACA, PILI NUTS,
WASHED CLOTHES, SACKS AND OTHERS
Section 1. Provisions: It is hereby absolutely and strictly prohibited and or forbidden to use utilize the “Encinas Pavilion ” at Gubat, Sorsogon, for drying of Abaca (Hemp), Copra, Palay, Pili Nuts, Washed Clothes, Beddings, Sack and others of such kinds .
Section 2. Penalties: Any violation thereof shall be penalized of a fine of not more than Two Hundred Pesos (P200.00) or an imprisonment of not more than Ten (10) days or both at the discretion of the Honorable Court:
Article G- ASTRAY ANIMALS
Section 1. Definition of Term. Animals connote those domesticated by the owners, such as cattle, goat, lambs, pigs, dogs, and others;
a) Dog – any domestic animal under the generic “canis familiares”.
b) Stray dog – dog that freely roams the street and/or public places.
c) Vaccination – the process of inoculating anti-rabies vaccine, performed by a licensed veterinarian or personnel from the Office of the Municipal Agriculturist duly trained for the purpose.
d) Owner – any person keeping, harboring or having charge or control of, permitting any dog to habitually be or remain or be lodged or fed within such person’s house, yard or premises.
e) Enclosed premises – means the owner’s house, or fenced yard, where other people have no reason to enter except to conduct business with the members of the household.
f) Rabies Control Authority – duly authorized person or persons responsible for the enforcement of this ordinance.
g) Register – the act, obligation or responsibility of the owner to enlist his dog(s) in the registry of the rabies control authorities.
h) Registry – an official record book to be established by the rabies control authorities.
i) Impounding – the act of seizing, capturing and holding in a stray dog.
Section 2. Impound of Animals. Any loose animal or those tied in public places will be impounded by personnel of the municipal government duly authorized to do so..
Section 3. Penalties. Any person who is found to have violated this ordinance and caused his animal to be impounded shall redeem the animal in the amount specified in the Revenue Code of the Municipality.
Astray animals confined in the Municipal compound shall, after ten (10) days if not redeemed by its owner , be sold by the Municipal Government by public auction and from the proceeds of the sale shall be deducted poundage fees and other expenses thereby made while the animals is in confinement, and the reminder to be turned over to its owner.
Article H - RABIES CONTROL
Section 1. Title. This ordinance shall be known as the 1996 Rabies Control Ordinance of the Municipality of Gubat.
Section 2. Creation of the Municipal Rabies Control Committee and its Composition. The Municipal Rabies Control Committee (MRCC) is hereby created and it shall be composed of the following:
1. Municipal Mayor Chairman
2. Chairman of the Committee on Health and
Sanitation, Sanggunian Bayan - Vice Chairman
3. Chief of the PNP Gubat Member
4. Municipal Health Officer Member
5. Municipal Agriculturist Member
6. Mun. Planning & Development Coordinator - Member
6. All Barangay Captains – Members
Section 3. Powers and Functions of the Municipal Rabies Control Committee. The Municipal Rabies Control Committee (MRCC) shall have the following powers and functions:
1. Formulate an integrated municipal-wide program to check the incidence of rabies and/or the outbreak thereof and the prompt and effective delivery of medical assistance and services to rabies victims in the municipality.
2. Efficiently implement and enforce existing laws for the protection of the public against rabies.
3. Coordinate the efforts of all sectors concerned in the anti-rabies campaign.
4. Monitor, review and evaluate all programs, projects, activities and services relative to the anti-rabies campaign.
5. Promote and encourage the active participation of the general public in the particular campaign against rabies by way of intensive municipal-wide information and education drive.
Section 4 . Dog Registration and Rabies Vaccination. Every dog, three (3) months or older shall be registered by the owner within one (1) month reaching this age, at the Office of the Office of the Municipal Agriculturist. The dog owner shall pay the registration fee at the Office of the Municipal Treasurer in accordance with Article XIII, Section 80 to 82 of the 1992 Revenue Code of the Municipality of Gubat. Upon registration every dog shall be vaccinated against rabies and every two years thereafter or as indicated in the label/literature of the vaccine but in no case shall exceed twenty four (24) months.
Section 5. Duty of the Veterinarian of duly Trained and Authorized Personnel of the Office of the Municipal Agriculturist. It shall be the duty of the veterinarian or duly trained and authorized personnel of the Office of the Municipal Agriculturist when vaccinating any dog to accomplish a certification of rabies vaccination for each animal vaccinated. This certification shall indicate the following information:
1. Owner’s name and address
Description of the dog (specie, breed, sex, making, age name)
Dates and vaccination and vaccination expiration
Veterinarian or trained personnel of the Office of the Municipal Agriculturist’s signature
Section 6. Vaccination Cost. The cost of rabies vaccination shall be borne by the owner of the dog unless there is a mass vaccination subsidized by the government.
Section 7. Control of Dog Entry into the Municipality. No person shall bring any unregistered or suspected rabid/sick dog of any age, into the municipality. Such dog shall be immediately destroyed humanely under the supervision of the veterinarian or trained agricultural personnel.
Section 8. Elimination of Dogs. Any unregistered (untagged) dog over 4 months old shall be seized and humanely destroyed under the supervision of the veterinarian or any authorized agricultural personnel.
The licensed veterinarian authorized agricultural personnel or a police officer may seize a dog that is sick or suspected of rabies.
Section 9. Reporting of Biting Incidents. The owner of the dog which had bitten any person and the person who had been bitten shall within twenty four (24) hours of the occurrence, report to the Office of the Municipal Agriculturist or to any health care worker or police officer, who upon receiving such information shall immediately transmit said report to the Office of the Municipal Agriculturist.
Section 10. Responsibility and Liability of Dog Owners.
1. Pet dog owners shall prevent their pet dogs from freely roaming in the street or public places by putting them into chain and/or in doghouse.
2. Dog owners shall register their pet dogs with the Office of the Municipal Agriculturist and submit them for vaccination/immunization purposes.
3. The owner of the dog that had bitten any person shall shoulder all the treatment and dog examination related expenses as a result of the bite. If the dog that inflicted the bite is a registered one or had the infliction occurred within the owner’s enclosed premises, in which case the owner and the bite victim shall make arrangement.
Section 11. Penalty Provisions. Any dog owner who fails to abide by any of the provisions of this ordinance shall be fined of not less than Five Hundred (P500.00) Pesos nor more than One Thousand (P1, 000.00) Pesos or imprisonment of not less than five (5) days nor more than ten (10) days or both at the discretion of the court.
Section 12. Enforcement. The persons authorized to enforce this ordinance are the barangay officials, the members of the Philippine National Police, the duly trained personnel of the Office of the Municipal Agriculturist, and the health workers of the Rural Health Unit, all of the municipality of Gubat, Sorsogon.
Article I- COMPREHENSIVE SOLID WASTE
MANAGEMENT SYSTEM
Rule I
General Provisions
Section 1. Title of the Ordinance. This ordinance shall be known as the Comprehensive Solid Waste Management System in the Municipality of Gubat, and shall be hereinafter referred to as the “ordinance”.
Section 2. Scope. This ordinance shall apply to all residential houses, commercial establishments, such as hotels, restaurants, cinemahouses, public markets, department stores, groceries, institutions like hospitals, schools, churches, public and private offices; industrial establishments of any kind, and agricultural areas.
Section 3. Authority. This ordinance is enacted to supplement the provisions of existing laws and ordinances related to solid waste management.
Section 4. Purpose. This ordinance is enacted for the following purposes:
a. To guide, control and regulate the generation, storage, collection, transportation and disposal of solid wastes within the locality and promote an orderly and sanitary system for the same.
b. To enhance the total environment of the locality through the necessary control and mitigation of negative environmental impacts of solid wastes.
a. To promote and protect the health, safety, peace and convenience and general welfare of the inhabitants of the municipality.
b. To minimize generation of solid wastes and maximize possible resource/recycling and utilization by:
- maximizing the use of goods and consumption of foods;
- allocating fair inputs in the production of goods, foods and services
- encouraging the recycling and resource recovery of wastes in own backyard through composting and biogas production; and
- encouraging the salvaging of possible “recoverable” from solid wastes for rause and/or recycling back to production process;
- providing assistance and cooperation in the recycling of solid waste in disposal sites.
Section 5. Goal. The primary goal of this ordinance is to enhance ecological balance of the community through sustainable and integrated waste management.
Section 6. Objectives. The objectives of this Ordinance are the following:
a. To ensure round-the-clock cleanliness through orderly and systematic waste management.
b. The cease and desist from utilization of open garbage dump which serves as breeding places of insects causing diseases, foul odors and harmful fumes; emit “greenhouse gases” which contribute to global warming and thinning of the ozone layer; generate “leachate” which pollute soil and water resources; and creates unhealthy scavenging activities in the vicinity.
c. To eradicate unsightly, uncovered and overflowing waste containers in streets, public places and open spaces;
d. To minimize and optimize sanitary resource recovery for feeds, fuel, materials, energy etc.; and
e. To minimize pollution arising from harmful gases, smoke, and particulates produced by needless burning/dumping; polluted runoffs into water sources/supply; and hazardous substances.
Section 7. Definition of Terms. The technical terms used in the ordinance shall be defined as follows:
a. Biodegradable – any materials that can be reduced into finer article (degrade or decomposed) by microbiological organisms or enzymes (synonymous with compostable).
b. Biogas digester – are of two kinds: the “poso-negro” Taiwan type or the above ground portable Valderia model biogas is a mixture of methane, carbon dioxide and traces of inert gases produce by the fermentation of animal manure organic waste in an airtight digester chamber.
c. Compost - decayed organic material for use as soil conditioner or fertilizer.
d. Composting – biological degradation under controlled conditions; the process of making biodegradable such as food waste, into compost by mixing them with soil, water, biological additives/activators (optional) and air.
e. Domestic Waste – is the refuse from the household, as distinguished from industrial wastes, agricultural waste, hospital waste, etc. which may be classified as biodegradable (compostable) or non-biodegradable (non-compostable).
f. Enzymes – a protein produced by cells, with substances to initiate or accelerate chemical reactions in plants or animal matter, acting like an organic catalyst.
g. Factory returnable – all non-biodegradables, non-compostables such as tin cans/metals; bottles/glass including broken pieces; plastic/Styrofoam/rubber/dry paper/dry cardboard/dry cloth/fibers/leathers/feathers/hard shells/hard bones, etc. which are segregated in separate containers or places in one sack (cans, bottles, containers already rinsed) and are sold/given away to collectors.
h. Feed materials – all food wastes, peelings, vegie trims, fish entrails, foul innards, spoiled fruits, leftovers, egg shells, rice/fish/meat washings, etc. that should be collected and kept in covered containers as hog/chicken/duck/pets/fish feeds.
i. Fermentables – fruit peelings, spoiled or over ripe fruits, juices, e.g. buko juice, etc. are made into vinegar, wine or “nata-de-coco”, “nata-de peña”, etc.
j. Fertilizer materials – all compostable or biodegradables such as garden waste, (leaves, twigs, weeds), animal waste (manure, carcass), human waste (feces, urine, blood, all excreta, soiled wipes, pads, diapers (remove plastics portions) etc., are made into compost for organic gardening.
k. Filling materials – if effort are exerted to find, not only the maximum but also the optimum use of waste, hardly any will be left as filling material. Such materials may be compacted, mixed with rice chaff and “binders” and use for appropriate construction projects.
l. Fine crafts – many of the non-biodegradable could be used as materials for handicrafts, cottage industries, art works, toys and other livelihood projects, such as paper mache, paper basketry, tin craft, metal craft. Styrofoam melted in small amount of gasoline solvent provides cheap glue of “binder” for many of the projects.
m. Food material – includes certain kind of seeds, pulp, peelings, that are made into pickles, “sweet” or candy, or snacks.
n. Functional facilities/equipment – useful equipment/facilities devised or created from discard, throwaways, junks, scraps, e.g. chairs, tables, doormats, play equipment from rubber, tires, roofing from milk cans, flower pots, “planters” from bags, sacks, containers, etc.
o. Green charcoal – another form of fuel or grass charcoal, manufactured from compostable, organic, cellulotic material, after which it is molded and dried then used in charcoal-fed stoves.
p. Hazardous waste – special type of waste containing the chemical, biological and radiological elements which are harmful to human health.
q. Incineration – the controlled process by which combustibles wastes are burned and changes into gases and residues that contains little or non-combustible materials.
r. Landfill leachate – the downward seeping of water through the landfill carrying with it the dissolved water-soluble contents of the waste, which may be collected by the underground drainage of water system.
s. Putrescible – a substance that decomposes at a certain temperature in contact with the air and moisture: generally containing nitrogen.
t. Recycling – the reuse, retrieval, recommission of element/matter for any and all purposes necessary to healthful and productive living; the process by which wastes materials are transformed into new products in such a manner that the original products may loss their identity.
u. Resource recovery – the extraction of materials or energy from wastes.
v. Solid waste – this includes anything thrown away, such as garbage, rubbish, rash, litter, junk and refuse from any source (homes, businesses, farms, industries or institutions); this is the discarded material with insufficient liquid to flow. Examples are those non-liquid wastes resulting from the domestic, commercial, agricultural and industrial activities which can be divided into several components under two broad categories.
1. Bio-degradable-compostable-putrescible. There are four (4) groups of wastes under this category such as: (a) food (cooking) waste/kitchen waste: peelings, leftovers, vegetable trims, fish/fowl/meat animal entrails/innards/ cleanings, soft shells, seeds etc., (b) agricultural (garden) waste: leaves/flowers, twigs, branches, stems, roots, trimmings, weeds, seeds/inedible fruits, etc., (c) animal waste: manure/urine, carcasses, etc.; and (d) human waste: excreta, soiled pads, sanitary napkins, etc.
2. Non-biodegradable-compostable-putrescible. There are four (4) groups of wastes under this category such as: (a) metals: tin cans, aluminum, iron, lead, copper, silver, etc.; (b) glasses, bottles, cullets (broken glass), sheets (shards), minors, bulbs, etc.; (c) plastics: polyethylene (bags), polypropylene (straws/jute sacks/ containers), polyurethane (foam, mattresses), polystyrene (Styrofoam), polyvinyl (tubes, pipes, linoleum), polyacetate (fibers, cloth, rayon), etc.; (e) papers: dry papers cardboards, etc.; (f) dry processed fibers: cloth twine, etc.; (g) dry leathers: skin, feathers, etc.; (h) hard shells; (i) bones; and (j) rocks.
w. Solid Waste Management the purposeful systematic control of the generation, storage, collection, transport separation, processing, recycling, recovery and final disposal of solid waste.
x. Sorting at source – the segregation or separation of waste at the point of generation or at the very place where they are produced into bio-degradable or non-bio-degradable.
y. Recycling of domestic waste – the full utilization of domestic waste into factory returnable (around 50 – 60%), feed (about 20%), fertilizer (30%), fuels, fine crafts, fermentables, etc., with little left for filling materials. (Proportions vary with the kind of community, the more affluent, the more factory—returnable). This includes both man-devised and nature designed recycling schemes.
z. Zero Waste Management System. Is an ecological method of handling waste that does not degrade the environment nor pollute air water and facilitates their sanitary retrieval, reuse, or recycling.
Rule II
Waste Generation and Storage
Section 1. Residential Areas:
a. Residents shall learn the two (2) kinds of waste: biodegradable/compostable and non-biodegradable/non-compostable. These two kinds of waste shall be stored and segregated at the site or place where they are generated.
b. The concerned residents shall ensure that the generated solid waste shall be properly separated in three (3) enclosed containers for recoverables, left-overs/compostables and others. The left-overs or kitchen refuse shall either be directly given to animals as feeds or stored temporarily for composting and/or biogas production.
c. Resident shall choose proper containers such as cans, sacks, bags, bins, etc. that will facilitate sanitary, efficient handling, storage, collection, transport or disposal at least cost. Food waste shall be placed in covered cans or pails. Garden and human waste in sacks, cans and bags; and the non-compostables in either sacks, bags or boxes.
d. Public thoroughfares and grounds in front or in the vicinity of residential houses shall be kept clean and tidy by the owner/lessee of the house or building at all times.
e. Trees, shrubs and other vegetation within the vicinity of residences shall be regularly cared for any and maintained to minimize generated waste/yard wastes and unpleasant sight.
f. Residents by way of augmenting family’s income may maintain a pigpen provided it contains only one hog and a septic tank for the purpose be constructed pursuant to Chapter XVII, Section 75 of the Sanitation code of the Philippines, and that it be regularly kept clean.
Section 2. Commercial Areas (including market/agoras):
a. The storage containers for segregated commercial wastes shall be communal or individual with cover depending on its location for collection and transport process.
b. The enclosed communal receptacle possibly on wheels shall be located along the collection route where the generated wastes shall be brought and stored by stall lessee.
c. The lobby and fronting sidewalks/immediate grounds of commercial establishments shall be maintained clean and presentable by the owner/operator/lessee of the establishment (shops, stalls, stores, restaurants, eateries, carenderias, barber shops, beauty parlors recreational and entertainment facilities like theaters, billiard halls, folk houses, beer gardens, discos, cocktail lounges, dancing halls, cabarets, bistros, etc).
d. The following sidewalks and immediate areas of stall/open spaces of market shall be kept clean and orderly by the lessee of the said stall/space at all times.
Section 3. Institutional/Industrial Areas
a. The head of any institution all/industrial firm shall ensure the proper and hygienic storage of generated and segregated wastes in receptacles/containers, which shall be situated along collection routes.
b. Hazardous wastes shall be stored safely in good durable, and duly covered receptacles, which should be located in a secured and distant site, prior to final collection/disposal.
c. The head of any institutional/industrial/firm/establishment shall ensure the cleanliness and orderliness of its facilities, yards and its fronting sidewalks and street.
d. Hazardous waste (chemical, biological and radioactive substances) shall be stored, collected and transported and disposed in accordance with applicable laws, guidelines, rules and regulations of the Environmental Management Bureau (EMB/DENR), Department of Health (DOH), and Philippines Nuclear Research and Institute (PNRI).
Section 4. Agricultural Areas:
(Including farms for livestock, poultry, etc.
Homogenous agricultural wastes (rice straws, corn cobs, leaves, animal manure, etc. shall be properly stockpiled/stored by the concerned farmer.
Section 5. Littering:
No person shall litter or scatter solid wastes in the streets, highways, sidewalks and other public areas (parks, playground, rivers, etc.). Solid waste shall include among others, the cigar/cigarette butts, boxes/packages, candy/bread wrappers, matchsticks, disposable diapers, food packages, etc.
Rule III
Waste Processing and Resource Recovery
Section 1. Residential Areas:
a. Segregated recyclables shall be properly stored before collection. These recyclables shall be collected separately and brought to recycling centers, eco centers or junk dealers.
b. Local waste managers shall be designated in every barangay who shall oversee the collection of recyclables and shall be responsible in coordinating with accredited dealers of manufacturers of recycled products.
c. Food and kitchen refuse shall be collected as fodders or feeds for animals. Those portions that are not suitable as fodders shall be composted.
d. Residents shall avoid open burning and dumping and adopt recycling, practicing the F’s scheme (feed, fermentables, food and fuel). Fuel materials from household waste consist of two kinds: (a) firewood materials – consist of twigs, branches, leaves, husks, shells, cobs, chaff, saw dust, wood shaving, soiled papers, bagasse, stalks, etc.; and (b) flammable gas-produced by anaerobic decomposition of all biomass or biodegradable materials in biogas digester.
Section 2. Commercial Areas:
a. Segregation of wastes from commercial areas (shopping malls, restaurants, commercial complexes, recreational centers, etc.) shall be mandatory before issuance of or renewal of business permits.
b. Markets/agoras shall adopt segregation scheme that will facilitate the segregation of recyclables, food/vegetable waste, non-recyclables etc.
c. Food waste from commercial centers (e.g. food centers, restaurant, canteen’s, etc.) shall be collected as fodder/animal feeds and shall not be disposed to sewers.
Section 3. Industrial/Institutional:
a. In industrial establishments, segregation of biodegradable compostable and non-biodegradables/non-compostable wastes shall be performed to avoid foul odors and proliferation of flies.
b. Schools (both private and public) shall adopt appropriate resource recovery and recycling strategies.
c. Hazardous waste shall be incinerated only after getting proper assistance/guidance from concerned agencies.
Section 4. Agricultural Areas: (including farms for livestock, poultry, etc.)
a. Agricultural waste (e.g. rice straws, corn cobs, etc.) shall not be burned but shall be stockfiled in a proper location and composted. Animal manure can also be composted or used for bio-gas production.
Rule IV
Collection and Transportation of Solid Wastes
Section 1. Residential Areas:
a. The concerned residents shall ensure that the solid waste are brought out in front of his/her gate/door and/or along the collection period.
b. He /she shall report to the Office of the Municipal Health Officer or concerned official for an uncollected solid waste within the vicinity of his/her residence.
c. Garbage not segregated and placed in approved containers by the local government shall not be collected and shall be treated as disposed of in violation of the anti-littering provision of this ordinance and shall be penalized accordingly.
d. The specific date and hour of garbage collection in particular locations shall be scheduled and announced for strict compliance by all concerned.
Section 2. Commercial Areas:
a. The owner/operator/lessee of any enterprise shall be responsible for the timely positioning of the stored solid wastes during collection period which shall be made known in advance by the proper authorities which shall likewise assist wherever necessary in the sanitary means of loading wastes for collection for purposes.
b. He/she shall remind the Environmental Sanitation Unit of the Office of the Municipal Health Office in the collection of uncollected solid wastes and other related matters.
Section 3. Institutional/Industrial Areas:
a. The head of any institutional/industrial establishment shall assist the Municipal Government in the orderly and sanitary way of collecting and transporting the solid waste.
b. The collection and transportation of any hazardous waste (if necessary) shall be duly coordinated with the government agencies concerned with such type of waste.
Rule V
Disposal of Solid Waste
Section 1. Residential, Commercial, and Institutional Wastes:
a. Incineration of open burning of solid waste shall be prohibited. Residuals of solid wastes after resource recovery recycling and composting shall be disposed of by sanitary landfill.
b. Hospital wastes, especially infectious wastes shall be incinerated in proper incinerator facilities and the ash residues be disposed in separate compartments in the sanitary landfills.
c. Illegal dumping of solid waste along streets, alley, river banks and any public places shall be strictly prohibited.
Section 2. Industrial Waste:
a. Hazardous waste shall be incinerated only after getting the proper assistance/guidance from concerned government agencies.
b. Other hazardous waste shall be disposed of in accordance with the laws, rules, regulation and guidelines of the concerned national agencies like Environmental Management Bureau (EMB-DNR), Department of Health and Philippine Nuclear Research and Institute (PNRI).
Rule VI
User Fees for Solid Waste Management Service
Section 1. Fees and Charges: commercial and industrial establishment shall be charged a monthly fee of P5.00 to supplement other sources of revenues for the operations and maintenance of the Solid Waste Management System of the Municipality. Residential Units served by solid waste collection service shall likewise pay a monthly garbage fee of P5.00.
Rule VII
Violation and Penalty
Section 1. Penal Provision: Any person caught for violation of any provision of this ordinance shall be fined or imprisoned in accordance with the following proviso:
1. First Offense – a fine of TWENTY FIVE (P25.00) PESOS, or in case of insolvency, an equivalent number of days of imprisonment depending upon the discretion of the court.
2. Second Offense – a fine of FIFTY (P50.00) PESOS or in case of insolvency, an equivalent number of days of imprisonment depending upon the discretion of the court.
3. Third Offense – a fine of ONE HUNDRED (P100.00) PESOS or imprisonment of 8 days, or both fine and imprisonment at the discretion of the court.
4. For habitual offender, a fine of ONE THOUSAND (P1,000.00) PESOS, or imprisonment of fifteen (15) days, or both fine and imprisonment at the discretion of the court without prejudice to imposition of a higher penalty under any other law or decree such as indicated in the second paragraph of Section 2 of PD 825.
Article J - DUMPING OR DISPOSAL OF GARBAGE
OR ANY WASTE MATERIAL IN THE MUNICIPAL WATERS
Section 1. Prohibition – It shall be prohibited to dump or dispose any garbage or
any waste material in the municipal waters within the territorial jurisdiction of the municipality of Gubat, Sorsogon.
Section 2. Enforcement Officers. Members of the Gubat Police Station, Punong Barangays and Sanggunian Barangay Members, Barangay Tanods and Chairman and members of the Barangay Fisheries and Aquatic Resource Management Council (BFARMC) are hereby authorized to enforce this ordinance.
Section 3. Penal Provisions. Any person caught violating this ordinance shall be penalized in accordance with the following proviso:
(1) First Offense – a fine of Fifty (P50.00) Pesos or an equivalent number of days of imprisonment upon the discretion of the court.
(2) Second Offense – a fine of One Hundred Fifty (P150.00) Pesos or an equivalent number of days of imprisonment upon the discretion of the court.
(3) Third Offense – a fine of Three Hundred (P300.00) Pesos or an equivalent number of days of imprisonment upon the discretion of the court.
(4) For habitual offender – a fine of Two Thousand Five Hundred (P2, 500.00) Pesos or equivalent number of days of imprisonment or both fine and imprisonment at the discretion of the court.
Section 4. Disposition of fines: Fifty (50%) per centum of the fines collected by the Municipal Treasurer shall accrue to the barangay where apprehension was effected, for the support of the barangay tanod of said barangay and BFARMC.
Article K- ANTI-LITTERING
Section 1. Definition. Ant-littering means the strict and absolute prohibition, restriction for the proper disposal of wastes, garbage, dirt, rubbish wrapping papers, peeling of bananas, peanuts, citrus and other kinds of fruits, leaves of all kinds, use in the market premises or some business establishments for the purpose of cleanliness and sanitation;
Section 2.Prohibition It is hereby strictly and absolutely prohibited to any person or group of persons to drop, dispose, throw, place or deposit any wastes, garbage, dirt, cigarette butts, rubbish, wrapped or used papers, peeling of bananas and other fruits or foods, peanuts, leaves of all kinds inside the market premises, stores, stalls and other business establishments, on the streets and etc., in the municipality of Gubat, Sorsogon, Philippines;
All owners, proprietors, managers or administrators of eateries, refreshments/ parlors, carenderias, restaurants, cafeterias, grocery stores, dry goods stores, drug stores, sari-sari stores, tailoring and dress shops, beauty shops, barbers shops, copra and hemp dealers, fish vegetables and market vendors, billiard halls, theaters and other recreational centers, bakeries, general merchandise, all kinds of repairs or other shops, and other establishments operation within the municipality of Gubat, Sorsogon, are hereby required, to put up their respective trash cans, or boxes wherein garbage, dirt, rubbish, cigarettes butts, wrapped or used papers, peeling of bananas, and other fruits, peanuts, leaves of all kinds etc., shall be placed, dumped or deposited.
Section 3. Penalties. Whoever commits any of the acts covered by this ordinance shall be penalized by fines or imprisonment or both in accordance with the following order to wit:
a.) Upon first conviction, by a fine of Five (P5.00) Pesos, or by an imprisonment of two (2) days or both, at the discretion of the Honorable Court;
b.) Upon second conviction, by a fine of Ten (P10.00) Pesos, or by an imprisonment of four (4) days or both, at the discretion of the Honorable Court;
c.) Upon third conviction, by a fine of Fifteen (P15.00) Pesos, or by an imprisonment of eight (8) days, and in case of habitual offenders by a fine of Twenty (P20.00) Pesos, or imprisonment of fifteen (15) days or both, upon the discretion of the Honorable Court.
Article L-ANTI-DENGUE REGULATIONS
Section 1. Policy. It is the policy of the municipal government to protect its inhabitants from the dreaded disease called “Dengue”.
Section 2. Title. This ordinance shall be called the “Anti-Dengue Ordinance” of the Municipality of Gubat.
Section 3. Scope. This ordinance shall regulate the disposal, installation, placement, storage, display, discarding, junking or use of all containers, vessels or hollow receptacles of whatever make where stagnant water can accumulate, whether man-made or in their natural forms; regulate free access of health workers inside residential houses and other private compounds and premises in relation to the objective of controlling and managing the Anti-Dengue Program in the Municipality of Gubat, Sorsogon.
Section 4. Definition of Terms. As used in this ordinance, the words and terms shall be construed to mean for the purpose thereof as follows:
a) Disposal = includes the discarding, storage, placement, junking or display of water containers
b) Kiti-kiti = it is the larvae of the Aedes aegypti which can be found in clean, non-polluted water containers whether in their artificial or natural forms.
c) Dengue = A viral disease common during the rainy season; transmitted by the bite of an infected female Aedes mosquito which lay eggs in clean, non-polluted water commonly found inside the house and its surroundings.
Section 5. Responsibilities of Every Household. . In order that dengue is minimized in the locality if not totally eradicated, every household in the jurisdiction of the Municipality of Gubat at the start and during rainy seasons are hereby encouraged to:
a) Acquire from the health authorities proper printed information regarding the dengue disease.
b) Clean plant containers like drums and water barrels, plastic containers, vases, pots and saucers and scrub their interiors at least once a week.
c) Replace water in flower vases once a week.
d) Cover water drums and water pails at all times to prevent mosquitoes from breeding.
e) Clean gutters of leave debris so that rain will not collect and serve as breeding places for mosquitoes.
f) Collect disposed all unusable cans, jars, bottles and other items that can collect and hold water.
g) Puncture old tires used for roof support to avoid the accumulation of water. Used tires should be arranged by stacking and covering the top or by placing in sheltered areas not exposed to rainfall.
Section 6. Inspection of Households and Premises. During every conduct of surveillance or inspection of houses and premises regarding the presence of disease-carrying mosquitoes for purposes of their eradication and control the members of the ask force shall secure first the consent of the owner or administrator of the household before proceeding with the activity. In case the owner, tenant or administrator of the house refuses entry, the task force may secure a proper search warrant.
Section 7. Dengue Task Force to be Created and Organized Through an Executive Order. The Municipal Mayor is hereby authorized to create and organize the composition of an Anti-Dengue Task Force in the municipality and prescribing therein the functions and duties of the members of the task force in the control and management of the disease.
Section 8. Responsibilities of the Barangay Officials and Barangay Health Workers.
a) a)Provide support to the Municipal Health Office that is the lead unit in the implementation of the Anti-Dengue program activities.
b) Assist the barangay in sustaining the Anti-Dengue program.
c) Undergo seminar conducted by the Municipal Dengue Task Force.
d) Establish reporting and feed backing, and referral mechanism in every purok or sitio to support the municipality’s Anti-Dengue Program.
e) Advocate the Anti-Dengue Program of the Department of Health and the Municipal Government of Gubat.
f) Distribute and post information materials in strategic places, like barangay halls, market places, churches, etc.
Section 9. Responsibilities of Barangay Captain. It is the responsibilities of the Barangay Captain to:
a) Organize the Anti-Dengue Barangay Brigade, the functions and duties of which will be prescribed by the MHO.
b) Initiate and oversee the activities undertaken by members of their community.
c) Identify and actively involve other partners in the program activities.
d) Make sure that cleaning up of homes and backyards are done.
e) Arrange first meeting with other key leaders and members.
Section 10. Coordination with School Officials. Each task force shall coordinate with the school head to ensure the participation of school personnel in:
a. The identification of teachers who can be the key leader in the dengue brigade within the school.
b. Organization of the Dengue Brigade.
c. Inclusion of Dengue prevention and control during PTA meetings.
d. Motivating the brigade to promote change in the behavior of the students for a cause.
e. Promoting parent’s class to develop necessary knowledge and attitude on Dengue prevention and control.
Section 11. Administrative Liability. Administrative complaints in violation of Sections 8, 9 and 10 hereof shall be filed with the appropriate forum for negligence.
CHAPTER VI – PUBLIC MORALS, DECENCY
AND PEACE & ORDER
Article A- PUBLIC MORALS AND DECENCY
Section 1. Moral or Descent. What is moral or descent shall be understood by tradition or good custom in the Municipality of Gubat.
Section 2. Exceptions. No painting, engraving, sculpture, sketch, drawing, or other objects or works of art shall be considered offensive to decency, morals or good customs, if it merely presents a lascivious act or attitude and is exhibited exclusively for scientific, educational or artistic purposes, without immoral intent.
Section 3. Smut/Obscene Literature or Picture. Any person or establishment who shall expose and sell smut/obscene material as indecent book, pamphlet, picture, or film showing, or other representation or who shall in any way advertise them shall be penalized with a fine of not less than P500.00 but not more than P1,000.00, confiscation of those materials and imprisonment of not more than 30 days or both upon the discretion of the Court.
Section 4.Penalty . Any person who shall be found guilty of open lewdness or any act of public indecency, grossly scandalous and tending to degrade the morals and manners of the people shall be penalized with a fine of P400.00 and imprisonment of not more than 30 days.
Article B – LOITERING OF MINORS
Section 1. Minor. A person who has not yet reached the age of 18 years old is considered a minor.
Section 2. Loitering in Streets or in Night Spots, Videoke or Karaoke Bars. Minors are prohibited from loitering along public streets, night spots, videoke or karaoke bars from 11:00 PM to 4:00 AM.
Section 3. Penalty. The parent or guardian of the minor caught violating the preceding section shall be penalized with a fine of P300.00 and/or imprisonment of not more than 30 days at the discretion of the court.
Article C- PUBLIC NUISANCE
Section 1 Loud Playing of Radios, Audio or PA Systems. All owners of radios, audio or public address systems are prohibited from using them at night at ear piercing volume except when used during public meetings , graduation, stage shows, benefit dances and any kind of celebration, Provided, that a Special Permit shall be secured form the Office of the Mayor for such use beyond 12:00 midnight.
Section 2. Penalty. Any person who violates any provision of Section 1 hereof shall be fined the amount of P500.00 and/or 7 days imprisonment or both at the discretion of the court.
Article D– SALE OF SMUT MATERIALS
Section 1. Smut Materials. Materials such as pornographic magazines, books, posters or tabloids and other obscene materials.
Section 2. Display of Smut Materials. No person or establishment shall display or sell smut materials within this municipality.
Section 3. Penalty. Any person who violates this ordinance, shall upon conviction, be punished by:
a) Fine of not less than Three Hundred Pesos but not more than Five Hundred Pesos;
b) Confiscation of all smut or obscene materials;
c) Imprisonment of not more than 30 days or both fine and imprisonment at the discretion of the court;
d) Closure of the establishment.
Article E - DRINKING INTOXICATING LIQUORS
ALONG THE STREETS AND OTHER PUBLIC PLACES.
Section 1. Prohibition. Any individual is hereby prohibited from drinking intoxicating liquors along the streets and other public places.
Section 2. Definition of Terms.
a) Intoxicating liquors – refers to wine, whiskies, beers, tuba and other drinks that stupefies the senses.
b) Public places – refers to places not otherwise used for drinking purposes.
Section 3. Penalty. Any violation of this ordinance shall upon conviction of the court, pay a fine of not less than One Hundred Pesos (P100) but not more than Five Hundred Pesos (P500) or in case of insolvency, an imprisonment of not less than five (5) days but not more than ten (10) days at the discretion of the court.
Article F- ANTI-
LOITERING INSIDE SCHOOL CAMPUSES
Section 1. Scope. It shall be prohibited for unauthorized person(s) to loiter and/or by stand inside the school campus from 6:00 o’clock in the evening to 6:00 o’clock in the morning during school days and the whole day during non-school days, in all school campuses in the Municipality of Gubat, Sorsogon.
Section 2. Definition of Terms.
a) Unauthorized persons – all persons who have no prior permission from the school administrator.
b) By standing and/or Loitering – an act of going inside the school campus without any specific purpose and permission from school authorities during prohibited time.
c) Schools – shall include primary and secondary schools, private and public within the Municipality of Gubat, Sorsogon.
d) Non-school days – shall include Saturdays, Sundays, Official Holidays, Christmas and Summer Vacation.
Section 2. . Administrative Provisions. Activities inside the school campus that fall within the prohibited time shall have a prior approval of the school administrator, except in times of natural or man-made calamities where school buildings are used as temporary shelter and school campus as evacuation site.
Section 3. Penal Provisions. Violation of any provision of this ordinance shall subject the offender to a fine of Fifty (P50.00) Pesos or in case of insolvency, two (2) days of imprisonment for first offense; a fine of One Hundred (P100.00) Pesos or in case of insolvency, three (3) days of imprisonment for second offense; and for third offense, Two Hundred (P200.00) Pesos or imprisonment to be determined by the Honorable Court, or both fine and imprisonment at the discretion of the court.
Section 4.. Persons Authorized to Enforce this Ordinance. Members of the Philippine National Police (PNP), Schools’ Administrators, Teachers, Staff and Employees, Parents-Teachers Association (PTA) Officials, Barangay Officials and Barangay Tanods.
Section 5. Oversight Committee. An oversight committee that shall be composed of the Chairman of the Committee on Peace and Order and Human Rights as Chairman, The Chairman of the Committee on Education and Culture as the Vice-Chairman, and schools’ administrators in the Municipality of Gubat as Members, is hereby created for the purpose of monitoring the implementation of this ordinance. The oversight committee shall convene twelve (12) months after the effectivity of this ordinance and furnish the Sanggunian Bayan its findings and recommendations.
Article G-ILLEGAL USE OF GOVERNMENT HOTLINES
Section 1. Prohibition. It is hereby prohibited for anyone to use any government telephone hotlines such as 117, 166 or 160 or any other number designated by the government for such purpose in any other reason other than to report legitimate or real emergencies to the authorities.
Section 2. Responsibility of Telephone Companies. All communication companies operating within the municipality, shall, upon written demand from the concerned authority, and upon duly noted by the local chief executive, provide the concerned authorities the source of the call or report found to be false, or effected only to make practical jokes upon the authorities.
Section 3. Penalty. All violation of the preceding sections shall be penalized with a fine of P1, 000.00 and/or imprisonment of not more than 30 days at the discretion of the court.
CHAPTER VII – FAMILY AND WELFARE
Article A- COMPREHENSIVE CHILDREN
AND FAMILY SUPPORT SYSTEM
Rule 1- Title, Policy, Principles And Definition Of Terms
Section 1. Title. This ordinance shall be known as the Comprehensive Children and Family Support System in the Municipality of Gubat, Sorsogon, otherwise known as the “MUNICIPALITY OF GUBAT CHILDREN’S WELFARE CODE”
Section 2. Declaration of Policies and Principles of the Local Government Unit of Gubat, Sorsogon. It is the policy of the Local Government Unit of Gubat, Sorsogon that the rights of the children to their survival, protection, participation and development must be given high priority; it will work for the respect for the role of the family in providing for children and will support the efforts of parents, other child care and development workers, NGO’s and communities to nurture and care for children, from conception including the earliest stages of childhood to adolescence.
Section 3. Definition of Terms.
a) “Children” refers to persons below eighteen (18) years of age or those over but are unable to fully take care of themselves or protect themselves from abuse, neglect, cruelty, exploitation or discrimination because of a physical or mental disability or condition;
b) “Survival Rights” deal with the provision in relation to parental and governmental duties and liabilities, adequate living standards and access to basic health and health services and social security;
c) “Development Rights” pertain to the access of a child to educational opportunities, access to relevant information, plan leisure, cultural activities and the right to freedom or thought, conscience and religion;
d) “Protection Rights” cover those which guard children against all forms of child abuse, exploitation and discrimination in the major areas where a child is considered in extremely difficult circumstances;
e) “Participation Rights” include but not limited to the child’s freedom to express oneself in matters affecting his/her life as part or preparation for responsible parenthood and to freedom association;
f) “Child Abuse” refers to the maltreatment of the child by any person, whether habitual or not, which includes any of the following:
i. Psychological and Physical abuse, neglect, cruelty, sexual abuse and emotional maltreatment;
ii. Any act by deeds or words which debases, degrades or demeans the intrinsic worth and dignity of a child as a human being;
iii. Unreasonable deprivation of his/her basic needs of survival such as food and shelter; or
iv. Failure to immediately give medical treatment to an injured child resulting in serious impairment of his/her growth and development and the permanent incapacity of death.
g) “Circumstances” which gravely threaten or endanger the survival and normal development of children include but are not limited to the following:
i. Being in a community where there is armed conflict or being affected by armed conflict related activities;
ii. Working under conditions hazardous to life, safety and morale which unduly interfere with their normal development or working without provision for their education;
iii. Living in or fending for themselves in the streets of urban and rural areas without the care of parents or guardian or any adult supervision needed for their welfare;
iv. Being a member of an indigenous cultural community and/or living conditions of extreme poverty or in an area which is underdeveloped and/or lack or had inadequate access to basic services needed for a good quality of life;
v. Being with family members or guardians having psychological problems grave enough for them to commit incest, sibling rape, lascivious acts and other forms of physical and mental abuse;
vi. Being a victim of man-made or natural disasters or calamities;
vii. Being a victim of an illegal transnational union or child trafficking;
viii. Circumstances analogous to those above stated which endanger the life, safety or normal development of children.
h) “Comprehensive Children’s Support System Against Child Abuse, Exploitation and Discrimination” refers to the coordinate program of services and facilities to protect children against:
i)
j) “Children’s Desk” refers to the office under the Municipal Social Welfare and Development Office to be created by the Local Government of Gubat responsible for the implementation of this ordinance;
k) “Junk Foods” are foodstuffs which are processed with artificial flavors, coloring and preservatives and which have been found to contain carcinogenic elements harmful to the body or those sold beyond their expiry date/period;
l) “Anti-Social Related Activities” are those acts against property, chastity and person which include but not limited to the following:
i. Petty crimes such as snatching, shoplifting, misrepresentation;
ii. Using and pushing prohibited drugs, selling illegal or lewd materials;
iii. Pimping for young and old prostitutes and sexual perversions, doing or participating in obscene shows;
iv. Gambling of any form;
m) Any other circumstances as defined in existing laws.
Rule II - Protection Rights Of Children
Section 1 . Program on Child Abuse, Exploitation and Discrimination. There shall be comprehensive program to be a formulated by the Gubat Municipal Social Welfare and Development Office in coordination with the Children’s Welfare Desk, other government agency, and the private sector concerned within one (1) year from the effectivity of this ordinance, to protect children’s prostitution and other sexual abuse; child trafficking, obscene publications and indecent shows and other acts of abuse; and circumstances which endanger child survival and normal development.
Section 2. Child prostitution and other Sexual Abuse. Children whether male or female, who for money, profit or any other consideration or due to the coercion or influence of any adult, syndicate or groups, indulge in sexual intercourse or lascivious conduct, are deemed to be children exploited in prostitution and other sexual abuse.
a) Those who engage in or promote, or facilitate or induce child prostitution which include, but are not limited to the following:
1) Acting as procurer of the child prostitute by means of oral or written advertisement or other similar means;
2) Inducing a person to be a client of a child prostitute by means of written or oral advertisements or other similar means;
3) Entering into a relationship with, or taking advantage of child as a prostitute or participant in indecent shows;
4) Giving monetary consideration, goods or other pecuniary benefits to a child with intent to engage such child in prostitution.
Section 3. Obscene Publication and Indecent Shows. Any person who shall hire, employ, use, persuade or coerce a child to perform in obscene exhibitions and indecent shows, whether live or in video, pose or model in obscene publications on pornographic materials shall suffer the penalty as prescribed in Republic Act 7610.
Section 4. Sanctions for Establishments or Enterprises which Promote, Facilitates or Conduct Activities Constituting Child Prostitution and Other Sexual Abuse, Child Trafficking Publications and Indecent Shows. All establishment or enterprises which promote or facilitate child prostitution and sexual abuse, child trafficking obscene publication and indecent shows, and other acts of abuse shall be immediately closed and their authority or license to operate canceled, without prejudice to the owner or manager thereof being prosecuted under this ordinance.
Section 5. Child Trafficking. Any person who shall engage in trading and dealing with children including, but not limited to the act of buying and selling of a child for money, as for any other consideration, or barter, shall suffer the penalty as prescribed in Article IV of RA 7610.
Section 6. Attempt to Commit Child Trafficking. There is an attempt to commit trafficking under this ordinance:
a) When a child is below 15 years old travels to or from the Municipality of Gubat without valid reason therefor and without clearance issued by the Children’s Welfare Desk or written permit or justification from the child’s parents or legal guardians;
b) When a mother, father or guardian executed an affidavit of consent for adoption for a consideration or any pregnant women who consents to cause the registration of the birth of such child in the name of another with or without consideration;
c) When a person, agency, establishment or child-caring institution recruits women or couples to bear children for the purpose of child trafficking;
d) When a hospital or clinic official or employee, doctor, nurse, midwife, local civil registrar or any other person who simulate birth for the purpose of child trafficking;
e) When a person engages in the act of finding children among low-income families, hospitals, clinics, nurses, day care centers or other child-caring institutions who can be offered for the purpose of child trafficking; or
f) When any person, authority, agency or institution that are witnesses to and fails to report transactions related to circumstances in child trafficking.
Section 7. Penalty A penalty prescribed in Article IV of RA 7610 shall be imposed upon the principal on the attempt to commit trafficking under this ordinance. In addition to the penalty imposed under this ordinance in relation to RA 7610, a one-month community service shall be imposed for the commission or omission of acts under Section 7. Such service shall be defined by the Gubat Municipal Social Welfare and Development Office.
Section 8. Other Act and/or Condition Prejudicial to the Child’s Development. It shall be unlawful for any person to sell liquor, cigarette, illegal drugs and other items prejudicial to the development of the child.
Section 9. Penalty. For the purpose of this ordinance, the penalty for the commission of such act as prescribed in Article IV of RA 7610 shall be imposed. The victim of the act committed under this section shall be entrusted to the care of the Municipality of Gubat Children’s Welfare Desk.
Section 10. Control on Children’s Exposure to Commercial Video Games. Commercial establishments catering rental of electronic video games to children during schooldays from 7:00 o’clock in the morning to 5:00 o’clock in the afternoon shall be subjected to suspension of business permit for fifteen (15) days during the first offense and one (1) month suspension of the same for the second offense.
Upon initial investigation and finding of prima facie case against the respondent confiscation of all video units of said establishments and cancellation of business permit shall constitute the penalty for the third offense.
Section 11. Children Involved in Anti-Social Related Activities. Children who are involved in Anti-Social related activities shall be registered in a rehabilitation program that shall assist the children to rebuild themselves and reintegrate in the mainstream of society.
Section 12. Monitoring of Suspended Cases of Children and Appropriate Assistance. Application for suspension of sentences of children involved in Anti-Social Activities shall be done by Gubat Children’s Welfare Desk. Special team from such desk shall monitor closely the cases involving children in court adequately enforce the suspension of sentences. Appropriate and responsive rehabilitation program shall be afforded to them under the care of the MSWD. The framework of assistance shall be designed by MSWD in close coordination with the NGO’s and professionals with special interest on rehabilitation.
Section 13. Appointment of Child and Youth Relations Officer and Police Procedures. The Philippine National Police Station in the Municipality of Gubat, Sorsogon shall have a Child and Youth Relation Officer tasked to handle cases involving children. Child-friendly police procedures shall be implemented as contained in the Police handbook on the management of cases of children in especially difficult circumstances. Each PNP member/element shall be provided a copy of the said handbook.
Section 14.Police Brutality. Any brutality committed against children by Police authorities shall be subjected to penalty under this ordinance as determined by the Local People’s Enforcement Board (PLEB) without prejudice to provisions of the Revised penal Code.
Section 15. Employment of Children. Children as defined in this ordinance shall be employed, Provided that:
a) The minimum requirements as stated in Section 12 of RA 7610 shall be present, and
b) The employer shall register the child to the Municipality of Gubat Children Welfare Desk to enjoy benefits and other special protection as may be provided for by the said Special Office tasked to formulate rules and regulations.
The Municipality of Gubat Children’s Welfare Desk shall promulgate rules and regulations necessary for the effective implementation of this section.
Section 16. Prohibition on the Employment of Children in Certain Advertisements. No person shall employ child to model in all forms of commercials or advertisement promoting alcoholic beverages, intoxicating drinks, tobacco and its by product, junk foods and violence.
Section 17. Penalties. Any person who shall violate any provision of this Article shall suffer the penalty as prescribed in Section 16 of RA 7610.
Section 18. Children as Social Indicators of Local Condition. Children are hereby declared as Social Indicators of Local Condition. It shall be the responsibility of the Local Government Unit of Gubat and all other sectors concerned to resolve armed conflicts in order to idealize the UN Convention on the Rights of the Child.
Section 19. Respect for the International Covenants Relevant to Armed Conflict. The Local Government Unit of Gubat undertakes to respect and to ensure respect for rules of international humanitarian law applicable to Philippine political armed-conflict which are relevant to the child. Specifically the following policies shall be observed:
a) Children shall not be the object of attack and shall be entitled to special respect. They shall be protected from any form of threat, assault, torture or other cruel, inhuman or degrading treatment.
b) Children shall not be recruited to become members of the Armed Forces of the Philippines or its civilian units or other armed groups, nor be allowed to take part in the fighting or used as guides or couriers, or spies;
c) Delivery of basic social services, such as education and primary health and emergency relief services, shall be kept unhampered;
d) The safety and protection of those who provide services including those involved in fact-finding missions from both government and non-government institutions shall be ensued. They shall not be subjected to undue harassment in the performance of their work.
e) Public infrastructure such as school, hospitals and rural health units shall not be utilized for military purposes such as command post, barracks, detachments and supply depot; and
f) All appropriate steps shall be taken to facilitate the reunion of families temporarily separated due to armed conflict.
Section 20. Evaluation of Children During Armed Conflict. Children shall be given priority during evacuation as a result of armed conflict. Existing people’s organizations shall be tapped to look after the safety and well-being of children during evacuation operations. Measures shall be taken to ensure that children evacuated are accompanied by persons responsible for the safety and well-being.
Section 21. Family Life & Temporary Shelter. Whenever possible, members of the same family shall be housed in the same premises and given separate accommodation from other evacuees and provided with facilities to lead normal family life. Places of temporary shelter, expectant and nursing mothers and children shall be given additional food in proportion to their physiological needs. Whenever feasible, children shall be given opportunities for physical exercise, sports and outdoor games.
Section 22. Children and Family Psycho-Social Program. It is important for the children and their families that they shall be part of the Psycho-Social program. The Municipality of Gubat Children’s Welfare Desk shall design a comprehensive psycho-social program for both children and their families affected by armed conflict.
Section 23. Rights of Children Arrested for Reasons Related to Armed Conflict. Any child who has been arrested for reasons related to armed conflict, either as combatant, courier, guide or spy is entitled to the following rights:
a) Separate detention from adults except where families are accommodated as family rights;
b) Immediate free legal assistance from Public Attorneys Office;
c) Immediate notice of such arrest to the parents or guardians of the child; and
d) Release of the child on recognizance within twenty-four (24) hours to the custody of the Municipality of Gubat Children’s Welfare Desk or any responsible members of the community as determined by the court.
If after hearing the evidence in the proper proceedings the court should find that the aforesaid child has committed the acts charged against him/her, the court shall determine the imposable penalty, including any civil liability chargeable against him/her. However, instead of pronouncing judgment of conviction, the court shall suspend all further proceedings and shall commit such child to the custody or care of the Municipality of Gubat Children’s Welfare Desk or to any training institution operated by the government, or duly licensed agencies or any other responsible persons, until he/she has had reached eighteen (18) years of age or, for a shorter period as the court may deem proper after considering the reports and recommendations of the Municipality of Gubat Children’s Welfare Desk or the agency or responsible individual under whose care he/she has been committed.
The aforesaid child shall be subjected to visitation and supervision by a representative of the Municipality of Gubat Children’s Welfare Desk or any duly licensed agency or such other officer as the court may designate to such condition as it may describe.
Section 24. Monitoring and Reporting of Children in Situation of Armed Conflict. The chairperson or any designated official of the barangay affected by the armed conflict shall submit the names of the children residing in said barangay to the Municipality of Gubat within twenty-four (24) hours or as soon as possible from the occurrence of the armed conflict.
Section 25. Curfew on Minors. For the protection of the child below 15 years of age, they shall be prohibited from loitering around or sleeping in public places after 9:00 o’clock in the evening until 5:00 o’clock in the morning of the following day unless they are in company with their parents or guardians.
Section 26.Penalty A penalty equivalent to a whole day seminar on duties and responsibilities of children and parents shall be imposed to the parents or guardians of the violators of this provision. A 15 day community service as determined by the local court shall be imposed as penalty for second time offenders.
Rule III - Survival And Development Rights Of Children
Section 1. Under Six Program Framework The Local Government Unit of Gubat shall ensure to the maximum extent possible the survival and development of the child. The program on survival and development shall include the following:
a) Monitoring of registration of birth and the completion of the immunization series for prevention of tuberculosis, diptheria, pertusis, tetanus, measles, poliomyelitis and such other diseases for which vaccines have been developed for administration to children up to ix (6) years of age.
b) Growth and nutritional monitoring with nutritional feeding and supervision of nutritional intake at home.
c) A sanctuary of abused, neglected or exploited children which will take in children in urgent need of protection due to a situtation which endanger the child or which has exposed the child to cruelty and abuse: Provided, that the center with the help and support of the barangay-level support systems, may call upon law enforcement agencies when the child needs to be rescued from an unbearable home situation;
d) A Reproductive Health Care Center for Pregnant Mothers for parental and neonatal care and, in the proper case, for delivery of the child under conditions which will remove or minimize risk to mother and child. Provided, that high risk mothers hall be referred to the proper tertiary or secondary care service personnel and children who are risk from any condition or illness will be brought for care: Provided, further, that hilots and barangays health workers are provided the needed basic training for normal delivery and are trained to recognize high-risk pregnancies which should be referred to competent obstetrical and pediatric medical care for mother and child who are at risk;
e) A barangay level network of assistance from among the adults of the barangay for the total development and protection of children;
f) Unstructured combined with structural learning exercises for children under the early childhood education shall be instituted in the children centers respecting the participation right of the child;
g) A pool of trained day care or child development workers with an upgraded salary scheme commensurate to the tasks assigned.
Section 2. Early Childhood Care and Development Program. The Local Government Unit of Gubat shall initiate for the care of 0-2 years old children through the Early Childhood Care and Development program and the supervision of 0-2 years old in a daily 8-hour program, if needed, shall be initiated in every Day Care.
Section 3.Population-base Day Care Center Setting Up. The day care centers shall be maintained in every barangay. Number of such centers shall depend on the population level of the children and how depressed the barangay is as determined by the Municipality of Gubat Children’s Welfare Desk in coordination with the CWDesk. Parents program shall form part of this early education.
Section 4. Promotion of Primary Health Care Program. The Barangay Health Centers shall implement the primary health program. The barangay health workers shall monitor child health in the barangay level.
To further ensure the implementation of Section 19-C of this ordinance, the Local Government Unit of Gubat in particular shall take appropriate measures:
a) To combat disease and malnutrition within the framework of primary health care, through the applications of readily available technology and through the provision of adequate nutritious foods and clean drinking water, taking into consideration the dangers and the risk of environmental pollution;
b) To establish a Comprehensive Parents Orientation Development Program which include courses on reproductive health and child rearing practices in the context of the Filipino psychology;
c) To monitor the full implementation of the Milk Code of the Philippines and advocate for the prosecution of milk firms which violate the code;
d) To conduct massive information and education on breast feeding utilizing existing reference materials for effective breast feeding education program.
Section 5. Child Friendly Hospital of the Municipality of Gubat. All hospitals and private clinics in the municipality of Gubat shall set-up child-friendly units to include rooming-in facilities and pediatric-appropriate mechanism and gadgets.
It shall ensure pediatric assistance and facilities for the treatment of illness and physical rehabilitation. Such protective and developmental placement shall be evaluated regularly by a competent team composed of multi-disciplinal professional. This shall not, however, assume the function of the primary health care available at the barangay level.
As part of the support system for child’s health, government health practitioners are required to undertake special training on pediatric care.
Section 6. Survey and Active Program for Differently-Abled Children. The Local Government Unit of Gubat shall make a periodic comprehensive survey of the differently-abled in the Municipality which should be child-focused and specific. It is basic to achieve a more systematic coordination of services (health nutrition and education for children with special needs).
Section 7. Investment on Educators and Health Professionals Aimed at Special Programs for Differently-Abled Children. Training programs for educators and health professional handling differently abled children shall form part of the priority of the Local Government Unit of Gubat.
Section 8. Barangay Level Recreational and Cultural Facilities and Program. A barangay-level program for the revival of indigenous games reflective of the cultural diversity in the Municipality of Gubat shall be promoted and shall be integrated to the day-to-day activities in the day care centers. A regular cultural program appropriate for each children’s age group and gender shall be designed with due respect to cultural diversity.
Section 9. Local Children’s Literature
. In support to the socio-cultural development of children in Gubat, Sorsogon, the Local Government Unit of Gubat shall upgrade facilities and materials in every day-care centers in the barangays.
Section 10. Parenting Orientation Courses. Orientation license applicants shall be required to participate to an Orientation Course I. Among other requirement prior to the issuance of marriage license by the Civil Registrar, this course becomes an integral part of existing Family Planning Seminar or Reproductive Health Course. The Children’s Welfare Desk of the Municipality of Gubat in close coordination with the Municipal Health Office and the Civil Registry Office shall update the family planning seminar in recognizance of this ordinance.
Rule IV- Participation Rights Of Children
Section 1. Participation of Children in Decision-Making Process. The children in the family, school, community or other organization or institution shall be heard. Each child regardless of sex, age and tribe has the right to express his or her opinion freely and have that opinion taken into account in any manner or procedure affecting the child. It shall be the responsibility of the adult to provide opportunities for children to express his or her view, obtain information, make ideas or information, regardless of tribe, religion age and sex.
Section 2. Installation of Mechanism for Participation in Policy and Program Formulation in the Local Government. It is important to consult and provide venue for the expression of views relevant to Gubat Municipal government Policies. It is, therefore, proper that seven to twelve (7-12) years old and thirteen and eighteen years old (13 and 18) are covered through their representatives in a once a year basis, specifically during the children’s month, every October. NGO’s concerned with these groups of children shall be part of the process in both preparation and evaluation of the convention. Detailed implementing rules and guidelines shall be drafted by the Municipal Federation of the Sanggunian Kabataan in coordination with the Municipality of Gubat Children’s Welfare Desk.
Rule V- Implementing Mechanism
Section 1. Creation of the Children’s Welfare Desk. The Municipal Children’s Welfare Desk shall be created to beef up the capacity of the Municipal Social Welfare and Development Office in realizing the provisions of this ordinance. It shall be the special coordinating and implementing arm of the Local Government Unit of Gubat to focus on children specific programs and projects. It shall assist in the filing of complaints on cases of unlawful acts committed against children in the most expeditious process.
Section 2. Component of the Municipal Children’s Welfare Desk. In coordination with the Municipal Social Welfare and Development Office, the MCWD shall have the following components to orchestrate its various programs and projects consistent with the provisions of this ordinance, national issuances and international covenants:
i. Early Childhood Care and Development Program
ii. Child’s Right Advocacy and Campaign
iii. Legal Assistance Program
iv. Children’s Health program shall be closely coordinated with the Municipal Health Office
Section 3. Role of the Council for the Welfare of Children. The Council for the Welfare of Children is hereby created which shall be composed of permanent representative from the following offices:
a) Municipal Mayor - Chairman
b) Municipal Vice Mayor - Vice-Chairman
c) Municipal Children’s Welfare Desk - Member
d) Municipal Social Welfare and Development Office - Member
e) Municipal Health Office - Member
f) Philippine National Police - Member
g) Chairman, SB Com. On Women and Family - Member
The Council for the Welfare of Children shall become the consultative-assembly of the Municipal Children’s Welfare Desk for its periodic planning and programming, assessment, and evaluation. It shall act as a regulatory body for the operations of all existing programs and projects designed for children. It shall involve in all the process related to the refinement of the implementing rules and guidelines of the Ordinance.
Rule VI - Final Provisions
Section 1. Appropriations. An additional amount of SEVENTY FIVE THOUSAND (P75,000.00) PESOS shall be appropriated in the MSWDO Annual Budget intended for the implementation of this program.
CHAPTER VIII – TRAFFIC AND TRANSPORTATION
Article A - APPROPRIATE TRASH CANS
Section 1. Scope. This ordinance shall cover all public utility vehicles including buses and tricycles for hire plying the Gubat route and within the Municipality of Gubat to provide appropriate trash cans inside their units.
Section 2. Definition of Terms.
a) Public Utility Vehicles – public utility jeepneys, buses and tricycles for hire.
b) Trash Can – plastic or tin container where garbage could be placed.
c) Municipal waters include not only streams, water impounding facilities used for irrigation purposes, and tidal waters, within the municipality not being the subject of private ownership and not comprise within the national park, public forest, timber lands, forest reserves or fishery reserves, but also marine waters from the shoreline, fifteen (15) kilometers onwards to the open sea.
d) Garbage or any waste material shall include rubbish, night soil, dead animals, street sweepings and refuse from any sources {home, commercial, industrial or agricultural}.
Section 3. Prohibition:
a) Cleaning of public utility vehicles, including buses and tricycles in the parking area where dirt and wastes are just left behind is hereby prohibited.
Section 4. Rules and Regulations:
g) Public utility jeepneys and buses which do not have trash cans shall not be allowed to use the Municipal Jeepney Terminal and/or Public Terminal that may be established for parking purposes.
h) Tricycles for hire which do not have trash cans shall not be issued a Mayor’s Permit and Municipal Plate by the Office of the Mayor, nor be allowed to use the tricycles’ parking areas
Section 5. Administrative Provision:
The local Philippine National Police or its deputized personnel are hereby authorized to enforce this ordinance.
Section 6. Penalty Provision:
Violation of any provision of this ordinance shall be penalized with the confiscation of the Municipal Plate, or a fine of Three Hundred (P300.00) Pesos or five (5) days imprisonment, or both at the discretion of the court.
Article B– SIGNAL LIGHTS FOR VEHICLES
Section 1. Definition of Terms.
a) Motorcycles shall mean the motorized bicycles
b) Trimobiles shall mean the motorized bicycles attached with a carrier used for transporting passengers or goods
c) Headlights shall mean the lighting provision with white or yellowish light, visible from the front of the vehicle.
d) Taillights shall mean the red light visible at least one hundred meters from the rear of the vehicle.
e) Signal lights – shall mean other light accessories used by vehicles such as stopping, turning, parking and any other vehicle activity that must use the signal light.
f) Nighttime shall mean the time not later than-half hour after sunset and until at least one-half hour before sunrise
Section 2. Lighting System All owners/users of motorcycles, trimobiles and other motor vehicles are hereby required to provide the necessary lighting provisions for their vehicles mentioned in the preceding section of this ordinance.
a) All motorcycles and trimobiles shall bear one headlight and at least a taillight and must be lighted while traveling during nighttime.
b) All other motor vehicles hereto referred shall bear not less than two headlights, one on each side in front, and at least two tail lights also one on each side in the rear. All these must be lighted while traveling during nighttime.
c) All vehicles parking lights or flares visible one hundred meters away whenever parked on highways or in places that are not well lighted or are placed in such manner as to endanger passing traffic.
Section 3. Fog Lights. The use of fog lights in the municipality is prohibited.
Section 4. Penalties: Any person found to have violated any provision of this ordinance shall be penalized the following:
a) First offense – a fine of Fifty pesos (P50.00) for motorcycles, trimobiles and other motor vehicles or imprisonment of two (2) days or both upon the discretion of the court.
b) Second Offense – a fine of two hundred pesos (P200.00) for motorcycles, trimobiles and other motor vehicles or an imprisonment of five (5) days or both upon the discretion of the court.
c) Third Offense – a fine of One thousand pesos for motorcycles, trimobiles and other vehicles, or imprisonment of ten (10) days or both upon the discretion of the court.
Article C- PARKING, LOADING, UNLOADING REGULATIONS
Section 1. Scope . This ordinance shall regulate parking, loading and unloading by public utility vehicles, tricycles-for-hire and other conveyances along the streets in the vicinity of the Gubat Public Market and for other purposes.
Section 2. Definition of Terms.
a) Public utility Vehicles – refer to jeepneys, mini-buses, and buses and tricycles-for-hire used as public conveyances.
b) Tricycle- for-fire – means a motor vehicle composed of a motorcycle fitted with a single wheel sidecar, or a motorcycle with a two-wheel cab, or a bicycle fitted with a single wheel sidecar operated to render transport services to the general public for a fee.
c) Market Tienda No. 1 – refers to the market building situated on eastern side of Manook St. that spans from the corner of Manook and Luna Streets to the corner of Manook and Roxas Streets.
d) Market Tienda No. 2 – refers to the market building situated on the eastern portion along Manook Street that spans from the corner of Manook and Roxas Streets to the corner of Manook Street and the alley or passageway to the fish section of the public market.
e) Gubat Public Market Perimeter – refers to the streets encircling the public market from the corner of Manook and Diaz Streets to the corner of Diaz and Zulueta and Luna Streets to the corner of Luna and Manook Streets; and from corner of Luna And Manook Streets to the corner of Manook and Diaz Streets.
f) Parking and Passenger Loading Areas – are the areas designated for public utility vehicles that are already scheduled to take the trips for purposes of taking in passengers.
g) Waiting Areas – are parking areas for public utility vehicles waiting to take their turns at the designated parking and passenger loading areas.
h) Tricycle Parking Areas – areas designated for tricycle to park and load passenger.
i) Other conveyances – refer to jeepneys, mini-buses, and buses and tricycles-for-hire used as public conveyances.
j) Parking and Passenger Loading Areas – are areas designated for tricycles for hire which are scheduled to take the trips for purposes of taking in passengers.
k) Waiting Areas – parking areas for public utility vehicles waiting to take their turns at the designated parking and passenger loading areas.
Section 3. Tricycle Parking Areas – There is hereby designated two parking and passenger loading areas for tricycles-for-hire along portions of Diaz and Luna Streets namely: 1) the length of Diaz Street from the junction of Manook Street to the crossing of Zulueta Street, from the junction of Manook Street to the crossing of Zulueta Street, and 2) the length of Luna Street from the crossing of Manook Street to the crossing of Zulueta, Tricycles at the parking area at Diaz Street shall be parked in the Southern side of the street only, while tricycles at the parking area at Luna Street shall be parked at either side.
Section 4. Public utility Vehicle Parking and Passenger Loading Areas. The following are hereby designated as parking and passenger loading areas for public utility vehicles:
A) Infront of Market Tienda No. 1 along Manook Street for public utility vehicles plying the route from Gubat to Bulacao, Benguet, Tigkiw, Togawe, Bentuco, Paghaluban, Barcelona and Bulusan.
B) In front of Market Tined No. 2 along Manioc Street for public utility vehicles plying the route from Goat to Sorsogon, Nato, Patag, Bagacay, Jupi, Cabiguhan and Pto. Diaz.
C) The eastern portion of Manook Street from Fusana’s residence to the junction of Mabini Street for northbound buses.
Section 5. Number of Parked Vehicles in the Designated Parking and Passenger Loading Areas: In the designated parking and passenger loading areas mentioned in Section 3 hereof, only two public utility vehicles at a time per route shall be allowed to park thereat based on their schedule. The two vehicles are (1) the vehicle actually scheduled to take the trip and load passengers, and (2) the vehicle next in line.
Section 6. Waiting Areas for Vehicles Scheduled for the Next Trips. Public Utility vehicles waiting for their scheduled trips, except those already parked at the passenger loading area, may be parked at the northern portion of Luna Street from the crossing at Manook Street to the crossing at Bonifacio St; portion of Roxas St. from the crossing at Zulueta St. to the crossing at Quezon St; and at the southern portion of Diaz St. from the crossing of Zulueta St, to the crossing at Quezon St. PROVIDED, that the perimeter of the Gubat Public Market including the designated parking and passenger loading areas mentioned in Section 3 hereof shall not be used as waiting areas for vehicles mentioned in this section.
Section 7. Loading and Unloading Zones – Public utility vehicles plying the route from Gubat to any point or destination and back shall not load or unload passengers within the vicinity of the Gubat Public Market except in the designated parking and passenger areas and the designated loading and unloading zones mentioned below:
a) - The eastern portion of Manook St. infront of the Esperida’s Tailoring Shop;
b) The western portion of Manook Street from the Sorsogon Rural Bank up to Escarcha’s Fortune Trading;
c) No Parking and Loading Zone for Public Utility Jeepneys and Public Utility Buses - The eastern portion of Manook St. fronting the LB Line Terminal. Is hereby declared as no parking and loading zone.
Section 8. Parking, Loading and Unloading Time. The parking, loading and unloading regulations provided for in this ordinance shall be from 6:00 a.m. to 6:00 p.m. only.
Section 9. One Way Street. The portion of Roxas Street from the junction of Manook St. to the crossing at Zulueta St. is hereby declared a one-way street vehicle are prohibited from parking thereat and/or from entering the same from Manook Street.
Section 10. Administrative Provisions. The following provisions shall guide enforcement of this ordinance:
a) The street signs and other paraphernalia shall be provided by the municipal government through the Office of the Local Chief Executive;
b) The Philippine National Police (PNP), through the Chief of Police shall enforce this ordinance for which they may issue rules and regulations for its smooth implementation. Provided, however, that the rules and regulations shall not be in conflict with existing laws, or contrary to the essence, intents or purposes of this ordinance, and must have the prior approval of the Local Chief Executive.
c) The Local Chief Executive or his duly authorized representative, upon prior notice, may temporarily relocate the parking, loading and unloading areas in cases of emergencies and for administrative purposes.
Section 11. Penalty. Any person who violates any provision/section of this ordinance shall be fined ONE HUNDRED (P100.00) PESOS for the first offense; THREE HUNDRED (P300.00) PESOS for the second offense; FIVE HUNDRED (P500.00) PESOS for the third offense; and ONE THOUSAND (P1, 000.00) PESOS for recidivists, and upon insolvency, shall be imprisoned for not less than one day nor more than one month at the discretion of the court.
Article D- ADDITIONAL PARKING AND LOADING AREAS
Section 1. Scope. This ordinance shall declare the length of western portion of Zulueta St., from corner Diaz St. to corner Roxas St. as additional parking and loading areas for North Bound tricycles for hire, and for other related purposes.
Section 2. Definition of Terms. When used in this ordinance, the following terms are hereby defined:
a. Tricycle for Hire - means a three- wheeled vehicle composed of a motorcycle fitted with a single- wheel side car, or a motorcycle with a two- wheel cab, or a bicycle fitted with a single- wheel side car, operated to render transport services to the general public for a fee.
b. Parking and Passenger Loading Areas – are areas designated for tricycles for hire, which are scheduled to take the trips for purposes of taking in passenger.
c. Waiting Areas – parking areas for public utility vehicles waiting to take their turns at the designated parking and passenger loading areas.
d. Municipal Plates – are two plates of the same number being issued by the municipality after issuance of Motorized Operators Permit and after paying the annual Mayor’s Permit.
Section 3. Tricycles for Hire and Loading Area – The length of the western portion of Zulueta St. from corner Diaz St. to corner Roxas St. is hereby designated as parking and passenger loading area.
Section 4. Waiting Areas- Tricycles for hire waiting for their scheduled trips, except those already parked at the passenger loading areas, may park at the southern portion of Diaz St. from corner Zulueta St. to corner Quezon St. and the portion of Roxas St. from corner Zulueta St. to corner Quezon St. as provided in Section 6 of Ordinance No. 9 s - 92 as amended.
Section 5. Loading and Unloading Zones – Tricycles for hire plying northbound shall load and unload passengers only at their designated parking and passenger loading areas. The eastern portion of Zulueta St. from corner Diaz St. to corner Roxas St. is hereby designated as loading and unloading zone for other vehicles.
Section 6. Parking and Unloading Time – The parking, loading and unloading regulations provided for in this ordinance shall be from 6:00 PM only.
Section 7. One Way Street - The portion of Diaz St. from the junction of Manook St. to the crossing at Zulueta St. is hereby declared a one – way street, with entrance at Zulueta St.
Section 8. Municipal Plates - Municipal Plates should be placed one at front and one at the back at all time.
Section 9. Prohibition. The following are hereby prohibited:
a. All vehicles are prohibited from entering Diaz St. from Manook St. and parking thereat at its northern portion in the newly declared one way street.
b. Illegal transfer of Municipal Plates.
c. Allowing other tricycle to use one of its Municipal Plates.
Section 10. Administrative Provision: - Enforcement of this ordinance shall be guided by the following provisions:
a.) The street marks and other signs shall be provided by the municipal government through the Office of the Local Chief Executive.
b.) The Philippine National Police (PNP), through the Chief of Police shall enforce this ordinance for which they may issue rules and regulations for its smooth implementation. Provided, however, that the rules and regulations shall not be in conflict with existing laws, or contrary to the essence, intent or purpose of this ordinance, and must have prior approval of the Municipal Mayor.
c.) The Municipal Mayor or his duly authorized representative, upon prior notice, may temporarily relocate the parking, loading and unloading areas in case of emergency and for administrative purposes.
Section 11. Penal Provision.
a.) Violation of any provision / section of this ordinance shall subject the violator to a fine of One Hundred (P 100.00) Pesos for the first offense; Three Hundred (P300.00) Pesos for the second offense; Five Hundred (P500.00) Pesos for the third offense; and One Thousand (P1,000.00) Pesos for recidivist; and upon insolvency, shall be imprisoned for not less than three days nor more than one month at the discretion of the proper court.
Article E- VEHICULAR TRAFFIC REGULATIONS IN DOTE LANE
Section 1. Scope. This ordinance shall regulate the flow of vehicular traffic in Dote Lane by making it one-way traffic from 6:00 a.m. to 5:00 p.m.
Section 2. Administrative Provision.
1. All vehicles entering Dote Lane from Manook Street shall proceed to exit in Bonifacio Street either going northwards or southwards.
2. The municipality, through the Office of the Municipal Engineer shall be responsible in putting up the signpost at the corner of Manook Street and Dote Lane.
Section 3. Penal Provision. Violation of any provision of this ordinance shall subject the offender to a fine of FIFTY (P50.00) PESOS for first offense; ONE HUNDRED (P100.00) PESOS for second offense and for third offense, If the offender is a trimobile driver, a fine of TWO HUNDRED (P200.00) PESOS and suspension or cancellation of franchise for operating a trimobile at the discretion of the Municipal Mayor; and for other vehicles a fine of FIVE HUNDRED (P500.00) PESOS.
Article F– PROHIBITION OF MINORS TO DRIVE MOTOR VEHICLES
Section 1. Prohibition. Minors are prohibited from driving motor vehicles within the municipality without the proper driving license.
Section 2. Penalty. Any minor who violates any provision of this ordinance shall, upon conviction, be penalized with a fine of not more than Fifty Pesos (P50.00) or an imprisonment of not more than five (5) days, or both fine and imprisonment at the discretion of the court.
Article G– SIDEWALK VENDING
Section 1. Prohibition. All persons are prohibited from conducting any commercial or industrial activity on sidewalks within the municipality.
Section 2. Penalty. Any person who violates the provision in Section 1 hereof shall, upon conviction, be penalized with a fine of not more than Fifty Pesos (P50.00) or an imprisonment of not more than five (5) days, or both fine and imprisonment at the discretion of the court.
Article H– PEDALLED TRICYCLE
Section 1. Permit to Operate. All owners of pedaled tricycle are required to secure a Mayor’s Permit before they can use such means of transportation along municipal streets.
Section 2. Penalty. Any person who violates the provision in Section 1 hereof shall, upon conviction, be penalized with a fine of not more than Fifty Pesos (P50.00) or an imprisonment of not more than five (5) days, or both fine and imprisonment at the discretion of the court.
Article I – USE OF FAKE LICENSE PLATES
Section 1. Prohibition. All persons are prohibited from fabricating, copying , selling or using fake license plates for bicycles, tricycles or any other plate issued by the municipal government .
Section 2. Penalty. Any person who violates the provision in Section 1 hereof shall, upon conviction, be penalized with a fine of not more than Five Hundred Pesos (P500.00) or an imprisonment of not more than ten (10) days, or both fine and imprisonment at the discretion of the court.
Article J - PERMANENT CLOSURE OF A PORTION OF MONREAL STREET
Section 1. Scope. This ordinance shall cover the permanent closure of a portion of Monreal Street, from the corner of Rizal Street and Monreal Street towards the seashore, which consists of more or less 200 linear meters.
Section 2. Definition of Terms. As used in this ordinance the following term shall mean:
a. Permanent Closure – is permanently withdrawing a municipal road from public use.
Section 3. Prohibition. This portion of municipal street, declared as closed, shall not be used for any purpose other than those determined by the municipality.
Section 4. Administrative Responsibility. The Municipal Mayor shall, through an Executive Order, declare the above-mentioned portion of municipal street as closed and issue the proper procedures for its disposition in accordance with the provisions of this Ordinance.
Section 5. Maintenance of Public Safety. It is the responsibility of the Engineering Office of the municipality to ensure that the closure of the said road does not in anyway adversely affect the lives of any person.
CHAPTER IX – BUSINESS
Article A – BUSINESS PERMIT
Section 1. Scope. This ordinance shall cover all business activities conducted within the municipality.
Section 2. Permit. Every person who intends to conduct any business activity within the municipality shall first secure a Mayor’s Permit from the Office of the Mayor before he can be allowed to conduct hi business n the municipality.
Section 3. Imposition of Permit Fees. The fee to be collected in the implementation of this regulation shall be imposed in the Revenue Code of the Municipality.
Section 4. Penalty. Any person who violates any provision of this ordinance shall, upon conviction, be penalized with a fine of not less than One Hundred Pesos (P100.00) but not more than Five Hundred Pesos (P500.00) or an imprisonment of not more than Ten (10) days, or both fine and imprisonment at the discretion of the court.
Article B - INDIVIDUAL FOOD HANDLERS AND
NON-FOOD HANDLERS HEALTH CERTIFICATE
Section 1. Scope. This ordinance shall cover all food handlers n the municipality.
Section 2. Definition of Terms. As used in this ordinance, the following terms shall mean:
a) Food Handlers Health Certificate = means the blue card issued to food handlers.
b) Non-Food Handlers Health Certificate = means the pink card issued to non-food handlers.
c) Food Handlers = refer to persons who are directly involved in the manufacturing, processing, and selling of food items like waiters/waitresses, cooks, bakers, food vendors, etc.
d) Non-Food Handlers = refer to persons engaged in trades or profession rendering direct service to the public like storekeepers, masseurs, “dispatsadora”, etc.
Section 3. Imposition of Fees: The fee to be collected in the implementation of this regulation shall be imposed in the Revenue Code of the Municipality.
Section 4. Coverage: This ordinance shall apply to proprietors and/or managers and/or in charge and/or entrepreneurs of business establishments and/or trades; persons involved in the manufacturing, processing, wholesaling and retailing of food and non-food items; and all those engaged in business or profession rendering direct service to the public.
Section 5. Time of Payment: The fee shall be paid to the Municipal Treasurer upon employment or upon the establishment of a new business activity. The certificate shall be issued upon payment and shall be renewable within the first twenty (20) days of every calendar year.
Section 6. Administrative Provision:
a) It shall be unlawful for any owner and or operator of a business establishments, trade or profession and employees, helpers, laborers involved or paid to do work in said business activities to conduct any business activity without first securing the necessary individual Food Handlers/Non-Food Handlers Health Certificate from the Municipal Health Officer of the Municipality of Gubat.
b) The Municipal Health Officer shall conduct an annual information campaign regarding the matter and see to it that every person engaged in the transportation, handling, manipulation, peddling, preparation, serving and strawing of food and drinks shall be provided with the corresponding health certificate after a physical examination, immunization and training in food handling prescribed by the Municipal Health Officer.
c) Persons issued with health certificate shall attach his/her recent photograph (1 x 1) on said certificate for identification purposes.
d) Health certificate issued to persons shall be displayed or posted at all times on a conspicuous place inside the establishment or place of business.
e) The sanitary or license inspector or any other authorized personnel shall, from time to time or on regular basis, inspect said business establishment to look after the compliance of this ordinance.
f) The health certificates may be temporarily suspended or revoked upon violation of the holder of any provision of this ordinance or upon findings that the holder had developed a communicable disease.
Section 7. Penalty Clause: Any person who violates any provision of this ordinance shall, upon conviction, be penalized with a fine of not less than One Hundred Pesos (P100.00) but not more than Five Hundred Pesos (P500.00) or an imprisonment of not more than Ten (10) days, or both fine and imprisonment at the discretion of the court.
Article C- FIRE EXTINGUISHERS.
Section 1. Provision of Fire Extinguishers. All theaters, gasoline stations, power plants, bakeries, restaurants, commercial buildings, rice mills, government and private banks, warehouses, bus terminals, auto and tricycles repair shop, churches, establishments with cooking facilities within and around the market place in the municipality of Gubat, Sorsogon shall be provided by their respective owners and managers with adequate fire extinguishers upon approval of this ordinance.
Section 2. Number of Fire Extinguishers .The required fire extinguishers – theaters two (2) units; gasoline stations three (3) units; power plants three (3) units; bakeries, restaurants three (3) units each; commercial building two (2) units; government and private banks two (2) units warehouses three (3) units bus and jeepney terminals two (2) units; auto and repair shops (1) unit; establishment with cooking facilities within and around the market place one (1) unit.
The following establishments shall be required to use one (1) unit of 32 ounce fire extinguishers: drug stores; and sari-sari stores, carenderias and cafeterias.
Section 3. Four Galloons of Water. Other establishments not mentioned in the above sections are hereby required to fill in any container with at least four (4) galloons of water to be used to fight any outbreak of accidental fire.
Section 4. Penalty: Failure to comply with the above requirements shall be fined the amount of not less than (P200.00) but not more than (P500.00) PESOS, or imprisonment of not less than one (1) month nor more than three (3) months or both at the discretion of the Honorable Court.
Article D – LIGHTING SYSTEM
Section 1. Provision of Light Bulb at Night. All establishment operating within the commercial center of Gubat are individually required to install and/or maintain at least one unit of 20-watt fluorescent lamp or any similar wattage which will provide an equivalent or greater illumination or light outside or within their stores’ premises during nighttime especially during the hours immediately before and after midnight.
Section 2.Maintenance. The business establishments with the lamps referred to in section 1 hereof already installed shall be required to maintain the same.
Section 3. Schedule of Service. It shall be obligatory for all business establishments within the commercial center to provide their respective service lights at their own expense from 6:00 o’clock in the evening of each day to 5:00 o’clock in the morning of the following day.
Section 4. Requirement for the Grant of Permit The installation and maintenance of the said service lamp shall be a prerequisite to the granting of renewal, as the case may be, of business licenses to all business establishments operating within the commercial center of Gubat.
Section 5. Exception. Business establishments inside the Gubat Public Market are not covered by this ordinance.
Section 6. Penalty. Violation of this ordinance shall subject the violator to a fine of THREE HUNDRED (P300.00) PESOS for the first offense; FIVE HUNDRED (P500.00) PESOS for second offense; and the third offense shall constitute a ground for the revocation of the business license.
Article E-SOCIAL SECURITY CLEARANCE
Section 1. Scope. This ordinance shall amend existing procedures in the municipal government regarding the issuance of municipal permits to employers and the self-employed.
Section 2. Exemptions. This ordinance shall exempt the following from the coverage of this ordinance:
a. employers of agricultural labor when performed by a share or leasehold tenant or worker who is not paid any regular daily wage or base pay and who works for interrupted period or at least six months in one year.
b. Domestic helper or employee in a private home.
c. Employment purely casual and not for the purpose of occupation or business of the employer.
Section 3. SSS Clearance as a Documentary Document for the Processing of Permits and License in the Municipal Government. All concerned employees of the Local Government Unit of Gubat, Sorsogon shall require applicants covered by this ordinance to attach a copy of SSS clearance to the permit or license applications.
Section 4. Priority for Processing. Concerned employees of the municipality shall prioritize permit or license applications that have been issued with SSS Clearance. Applicants without the required SSS Clearance shall not be processed and shall be penalized as herein prescribed.
Section 5. Display of SSS Certificates. Employers shall display their SSS Certificates beside their Mayor’s Permit. Municipal employees assigned with the inspection of license and permits shall monitor the compliance of his section.
Section 6. Reporting and Coordination. The Office of the Mayor shall coordinate with the Social Security System provincial office for the implementation of this ordinance in conjunction with the implementation of Republic Act No. 1161, as amended.
Article F- UNIFORM BRANDING OR LARGE CATTLE
Section 1. Title. This ordinance shall be known as the Branding Act of the Municipality of Gubat, Sorsogon.
Section 2. Uniform Branding. There shall be uniform branding of all large cattle in the municipality of Gubat, Sorsogon, using a code-brand that shall identify on mere cursory examination, the province, the municipality, the barangay and the registered owner.
Section 3. Brand. The code-brand shall be as follows:
S-9-1 for Ariman S-9-19 for Luna - Candol
S-9-2 for Bagacay S-9-20 for Manapao
S-9-3 for Balud del Norte S-9-21 for Manook
S-9-4 for Balud del Sur S-9-22 for Naagtan
S-9-5 for Benguet S-9-23 for Nato
S-9-6 for Bentuco S-9-24 for Nazareno
S-9-7 for Beriran S-9-25 for Ogao
S-9-8 for Buenavista S-9-26 for Paco
S-9-9 for Bulacao S-9-27 for Panganiban
S-9-10 for Cabigaan S-9-28 for Paradijon
S- 9-11 for Cabiguhan S-9-29 for Patag
S-9-12 for Carriedo S-9-30 for Payawin
S-9-13 for Casili S-9-31 for Pinontingan
S-9-14 for Cogon S-9-32 for Rizal
S-9-15 for Cota na Daco S-9-33 for Sangat
S-9-16 for Dita S-9-34 for San Ignacio
S- 9 -17 for Jupi S-9- 35 for Sta. Anna
S-9-18 for Lapinig S-9-36 for Tabi
S-9-37 for Tagaytay
S-9-38 for Tigkiw
S-9-39 for Tiris
S-9-40 for Togawe
S-9-41 for Union
S-9-42 for Villareal
Section 4. Proper Branding. Under the uniform code-brand shall then be branded the individual private brands, if any, thereby identifying the individual ownership of the livestock concerned.
Section 5. Service Fee. A uniform charge of P10.00 per head, in addition to the present branding fee being collected, shall be paid by the registered owner to the Municipal Treasurer of Gubat, Sorsogon or his authorized representative; 25 % shall be retained by the municipality as its share and the remaining 50% of said additional fee shall be remitted as income of the barangay where the large cattle is registered.
Section 6. Administrative Provisions – The Municipal Treasurer is hereby mandated to prepare the branding materials equipment, and the supervision of large cattle branding in the municipality.
Section 7. Penalty Provision – Any registered owner who willfully refuses to abide by and comply with the mandate under this ordinance shall, upon conviction be meted by the following penalties:
a) For first offenders, a fine of P200.00 but not more than P300.00 at the discretion of the court;
b) For Second offenders. A fine of P300.00 but not more than P500.00 or imprisonment of 10 days to 30 days at the discretion of the court.
Article G- QUARRYING
Section 1. Prohibition. This ordinance shall prohibit commercial quarrying or extraction of gravel and sand and similar materials from the Ariman River and adjoining sites, this municipality.
Section 2. Penalty Clause – a fine of P500.00 or seven (7) days imprisonment or both fine and imprisonment at the discretion of the court shall upon conviction, penalize any person who violates this ordinance.
Article H - TRANSIENT MEAT DEALER
Section 1 – Definition: Transient meat dealers include all non- resident persons who are engaged in the business of buying and selling swine and large cattle within the municipality of Gubat, Sorsogon.
Section 2 – Imposition of Fees: There fee to collected herein shall be imposed in the Revenue Code of the Municipality.
Section 3 – Time of Payment: The fee imposed shall be paid to the Municipal Treasurer upon application for a Mayor’s Permit before any business or activity can be lawfully begun or pursued within the first twenty (20) days of January of each year in case of renewal thereof.
Section 4. Application for Mayor’s Permit: A written application for a permit to operate a business shall be filed with the Office of the Mayor in three (3) copies. The application form shall set forth the name and address of the applicant, and other pertinent information or data as may be required.
Upon submission of the application, it shall be the duty of the proper authorities to verify if the other municipal requirements regarding the operation of the business or activity are complied with.
The permit to operate shall be issued only upon compliance and after the payment of the corresponding taxes and fees as required by the municipal revenue code and other municipal tax ordinances.
Section 5. Revocation Permit: When a person doing business under this ordinance abuses his privilege to do business to the injury of public morals and peace; or in a nuisance or is permitted be used as a resort for disorderly conduct, the Municipal Mayor after investigation, may revoke the Mayor’s Permit.
Section 6. Penalty: Any violation of this ordinance shall be punished by a fine of not more than Two Hundred Pesos (P200.00), or imprisonment of not more than one (1) month, or both at the discretion of the court.
CHAPTER X – MARKET AND SLAUGHTERHOUSE
Article A - SLAUGHTER OF HOGS AND LARGE ANIMALS
Section 1. Prohibition. This ordinance shall prohibit the slaughter of hogs and large animals outside the slaughterhouse for the protection of the consumers and meat dealers as well; and for the proper use of the slaughterhouse facility.
Section 2. Definition of Terms.
a) Slaughter – to butcher hogs and large animals for food.
b) Slaughterhouse – an establishment where animals are butchered.
c) Butcher – a person who slaughter animals or dress their fresh.
d) Meat – animal tissue considered especially as food.
Section 3. Permissible Slaughter.. Slaughter of hogs, excluding large animals, outside the slaughterhouse facility is allowed if intended for family consumption during fiestas, weddings and baptisms.
Section 4. Administrative Provision. All Punong Barangays are hereby enjoined to effectively enforce this ordinance within their respective barangays.
Section 5. Penalty. Any violation of the provision of this ordinance shall be penalized by a fine of not less than One Thousand (P1, 000.00) Pesos but not more than Two Thousand (P2, 000.00) Pesos or an imprisonment of not less than 30 days but not more than 60 days or both fine and imprisonment at the discretion of the court
Article B – “SAUD” OR FLEA MARKET
Section 1. Scope. This ordinance shall relocate the weekly saud in the Municipality of Gubat, and regulate the use of specific municipal streets for the said purpose.
Section 2. Temporary Closure. During the scheduled “Saud”, the hereunder street sections are hereby temporarily closed to all vehicular traffic:
a. corner Roxas and Quezon Sts. to Burgos St.
b. corner Diaz and Quezon Sts. to Burgos St.
c. corner Prieto and Burgos Sts. to Roxas St.
Section 3. Designation by Section According to Product Display for Sale: The following street sections are hereby designated for specific goods or merchandise, to wit:
a. corner Quezon and Roxas Sts. to burgos St., for dry goods and houseware;
b. corner Quezon and Diaz Sts. to Burgos St., for vegetable and fruits;
c. corner Burgos and portion of Diaz Sts., for ornamentals, bamboo slats, swine and poultry;
d. corner Prieto and Burgos Sts., to Diaz St, for rootcrops and bananas;
e. corner Diaz and Burgos Sts. to corner Roxas St., for dried a or salted fish.
Section 4. Schedule. The “saud” is hereby scheduled every Friday of each week from 4:00 a.m. to 4:00 p.m. except Good Friday and other specified occasion when activity shall be held at the discretion of the Municipal Mayor.
Section 5 – Imposition of Fees: There fee to collected herein shall be imposed in the Revenue Code of the Municipality
Section 6. Measurement of Space Allocation per Vendor or Group of Vendors. Each ambulant or group of vendors shall be allowed to occupy a minimum of 4 sq.m. but not to exceed 12 sq.m..
Section 7. First-Come-First-Served Basis. The allocation of “saud” space to ambulant vendors shall be on a first-come-first-served basis.
However, a vendor may apply for a permanent space in the “saud” perimeter provided he shall secure a Mayor’s Permit and in case he fails to display any merchandise in the specific place, he shall nevertheless pay the “saud” fee for that schedule. In case the permanent vendor does not show, the municipality shall assign the place to any applicant who wishes to use the space.
Section 8. Prohibition. The following acts are hereby prohibited during the scheduled “saud”:
1. Selling fresh marine and meat products.
2. Entering the closed street section using motorized vehicles.
3. Selling outside the “saud” perimeter as provided for in Section 3 hereof.
4. Throwing litter and waste in places not designated for waste collection bins/trash cans.
Section 9. Time and Manner of Payment.
1. An ambulant vendor shall pay the required fees before any commodity or merchandise is displayed or sold.
Section 10. Administrative Provisions.
1. For purposes of the implementation of Section 8 hereof, the “Saud” Supervisor or his representative is hereby instructed to see to it that this ordinance is implemented without favor.
2. Revenue Collection Clerks are hereby instructed to issue cash tickets only for the fees collected during the “Saud”.
3. The “Saud” Supervisor is hereby directed to deploy garbage cans in strategic places in the “saud” perimeter.
Section 11. Penal Provision. Any infraction committed or any violation of this Ordinance shall be meted the followings penalties: First Offense, One Hundred Fifty Pesos (P250.00); Second Offense Three Hundred Pesos (P300.00); Third Offense, One Thousand Pesos (P1, 000.00). Habitual Offender will be disqualified from using any “saud” perimeter for his business.
Article C- OPERATION AND MAINTENANCE OF THE PUBLIC MARKET
Section 1. Title. This ordinance shall be known as the 1993 Market Code of the Municipality of Gubat.
Section 2. Scope. This ordinance shall govern all activities in the market as well as levying of fees, charges and other impositions within the public market of the Municipality of Gubat, Sorsogon.
Section 3. Market Sections. For purposes of this ordinance, the public market of Gubat shall be divided into the following sections:
a. Fish Section – all kinds of fish, clams, oyster, lobsters, shrimps, seaweeds, sea shells and other sea food or marine products.
b. Meat Section – all kinds of fresh meat from cow, carabao, goat, sheep, pig, etc.
c. Vegetable and fruit Section – all kinds of vegetable, fruits and root crops.
d. Grocery and Sari-Sari Section – all kinds of grocery items, sucha s cakes, butter, cheese, confectionaries, candies, canned or bottled foods, flour rice, corn, oatmeals, onions, garlic, mongo, salt, soap, coffee, sugar, etc. softdrinks and other household items, including charcoal and firewood.
e. Dry goods Section – all kinds of textile, novelties, ready-made dresses and apparels, office and other similar items.
f. Native Craft Section – all kinds of native products, wood carvings, wooden baskets, mats, hats, bags, all kinds of handicrafts, figurines, shellcraft and other similar items.
g. Service Section – all kinds of businesses that offer and render services, such as barber shops, beauty parlors, boutique, dress shops, botica/drugstore, tailor shops and the like.
h. Eateries and Cooked Food Section – all kinds of cooked food including refreshments, halo-halo, ice cream, restaurants, café and cafeterias, carenderias, and fast food centers.
The number designations or other forms of identifying the market section shall be the responsibility of the market committee under the Office of Mayor.
Section 4. Imposition of Fees. The market fees and charges are those specified in the Revenue Code of the Municipality.
Section 5. Time and Manner of Payment:
a. For stalls – the fee for the rental of market stalls shall be paid to the Municipal Treasurer or his duly authorized representative within the first twenty (20) days of each month. In case of a new lease, the rental due for the month in which the lessee starts, shall be paid before the use or occupancy of the stall.
b. For market premises – the fee for the occupancy of the market premises shall be paid on daily basis before any commodity or merchandise is sold.
c. For Office Space in the Supermarket Building – The rental fee for the office space in the supermarket building shall be paid to the Municipal Treasurer or his duly authorized representative before occupancy of the space and within the first twenty (20) days of the month following.
Section 6. Issuance of Official Receipts and Cash Tickets. The Municipal Treasurer or his duly authorized representative shall issue an official receipt as evidence of payment of rentals to fixed stalls and a cash ticket to an occupant of the market premises or transient vendor whose name shall be written at the back thereof. The cash ticket shall pertain only to the person who bought the same and it shall be good only for the space of the market premises which was assigned to the ticket buyer.
If a vendor dispose of his merchandise by wholesale to another vendor, the latter shall purchase new ticket if he sells the same merchandise even if such is done in the same place occupied by the previous vendor.
The cash ticket shall be torn in half, one-half to be given to the space occupant or vendor and the other half to be retained by the collector who shall deliver the same to the Municipal Treasurer for counter checking against his record of cash tickets issued for him that day.
Section 7. Surcharge for Late or Non-payment of Fees.
a. The lessee of the stall or office space who fails to pay the monthly rental fee within the prescribed period shall pay a surcharge of twenty-five percent (25%) of the total rent due.
Failure to pay the rental fee due for three (3) consecutive months shall cause automatic cancellation of the contract of lease, without prejudice to suing the lessee for the unpaid rentals at his expense. The stall or office space shall be declared vacant subject for adjudication.
Section 8. Adjudication of Stall.
a. Lease Period –The contract of lease for a stall or office space shall be for a period of one year renewable upon its expiration unless revoked in accordance with the provisions of this ordinance.
b. Notice of Vacancy – A notice of vacancy of newly constructed stall shall be made for a period of ten (10) days immediately preceding the date fixed for its award to qualified applicant. Such notice shall be posted conspicuously on the unoccupied stall and at the bulletin board of the public market.
c. The notice shall be in the following form:
N O T I C E
Notice is hereby given that Stall No. _____ on Sec _____ of the public market/supermarket building intended for __________________ is vacant (or will be vacated) on ______________, 200___.
Any person of legal age an is not legally incapacitated, desiring to lease this stall, shall file an application thereof on the prescribed form.
In case there are more than one applicant, the award of the vacant stall shall be determined thru drawing of lots to be conducted on ________, 200___. At 10”clock in the morning at the Office of the Mayor by the Market Committee.
d. Application for Lease. The application for lease shall be submitted to the Office of the Mayor by the applicant himself or through his authorized representative.
e. It shall be the duty of the Office of the Mayor to keep a registry book showing the names and addresses of all applicants for stall, the number and description of the stall applied for and the date and hour of the receipt of each application.
f. The application shall be in the following form:
APPLICATION FOR LEASE OF MARKET STALL
___________________
DATE
The Municipal Mayor
Gubat, Sorsogon
Sir:
I have the honor to apply for the lease of Stall No. ________ measuring ____________square meters in building No. _____________ of the Public Market of Gubat, Sorsogon. I hereby promise to hold and administer the same in accordance with the existing market rules and regulations as well as in strict pursuance of the terms of the contract of Lease to which I solemnly bind myself.
Gubat, Sorsogon _______________, 200______.
_____________________________
Signature of Applicant
Duly Noted:
____________________________
Municipal Mayor
f. The contract of Lease shall be in the following form:
CONTRACT OF LEASE
KNOW ALL MEN BY THESE PRESENTS:
This Contract, entered into this _______ day of ______________, 200___ by and between:
_____________________, of legal age, Filipino, ____________(civil status) and with residence and postal address at _____________________ and incumbent Municipal Mayor of Gubat, Sorsogon hereinafter known as the LESSOR;
and
____________________, likewise of legal age, Filipino, ______________(civil Status) and with residence and postal address at Gubat, Sorsogon, Philippines, and a business/merchant woman, hereinafter known as the LESSEE;
W I T N E S S E T H
I. That the LESSOR, as the Municipal Mayor of Gubat, Sorsogon, is the Ex-Officio custodian of all the properties of the municipality of Gubat, Sorsogon, among them, Building NO. _________ of the Gubat Public Market;
II. That the LESSEE has applied for the lease of Stall No. _______ found in the above-mentioned building;
III. That the LESSOR agrees to lease in favor of the LESSEE who likewise agrees to occupy the said Stall No. ______ measuring ____________ sq.m. found in building No. _____________of the Gubat Public Market for a period of onw year renewable thereafter under the following terms and conditions:
1. That the LESSEE shall pay the corresponding monthly rentals for the stall in the manner and in the amount prescribed under the existing municipal ordinance and other pertinent laws;
2. That the LESSEE shall not sell, transfer or sub-lease in favor of any third party his/her right and privilege to occupy the stall and conduct of business therein nor permit other persons to use the leased premises;
3. That the business to be conducted in the stall shall belong exclusively to the LESSEE;
4. That while occupying the stall under this contract, the LESSEE shall at all times have his/her business license together with his/her 2 x 2 picture and that of his/her helpers, posted at a conspicuous place inside the stall;
5. That I will not serve or dispense liquor or any intoxicating drink to any person within the premises of the Stall at anytime of the day and night except when I am duly licensed to do so;
6. That the LESSEE shall at all times keep the stall neat and tidy, clean and sanitary, and comply strictly with rules on sanitation and market regulations now existing or hereafter promulgated by the proper authorities;
7. That the LESSEE shall not make any alteration or improvement of the stall including water and electrical installations within the stall or its immediate vicinity without the prior knowledge and consent of the LESSOR to whom the LESSEE shall submit beforehand the corresponding bill of materials. Provided, however, that the cost of alteration or improvement shall not be considered in the assessment and payment of the monthly rentals;
8. The LESSEE shall pay the daily/monthly rentals and fees on or before the 20th day of the month, the failure of which he/she shall be subject to a 25% surcharge;
9. That the failure on the part of the LESSEE to pay and/or settle the rentals and dues for three (3) consecutive months shall cause the immediate and automatic abrogation of the contract of lease, and the stall be declared vacant and subject to adjudication anew;
10. That any violation of the terms of this Contract by the LESSEE or any of his/her helpers shall be sufficient cause for the LESSOR to rescind this contract.
IN WITNESS HEREOF, we have hereunto set our hands this _____day of __________,200___ at Gubat, Sorsogon.
__________________________ _________________________
Signature of Lessor Signature of Lessee
Res. Cert. No. _____________ Res. Cert. No. _______________
Issued at ____________ Issued at __________________
On _________________ On ______________________
Signed in the presence of:
_______________________ _____________________
Witness Witness
REPUBLIC OF THEPHILIPPINES)
PROVINCE OF SORSOGON ) S.S.
MUNICIPALITY OF GUBAT )
X - - - - - - - - - - - - - - - - - - X
BEFORE ME, this _____day of _________________ 200___ at Gubat, Sorsogon, personally appeared ___________________ and ___________________ who exhibited to me their respective residence certificates as indicated above, known to me and to me known to be the same persons who executed the foregoing instrument which they signed and acknowledge before me as free and voluntary act and deed.
This instrument refers to a Contract of Lease consisting of two (20 useful pages, including the page where this acknowledgement is written duly signed by the parties and the witnesses on the left margin of the first page and at the bottom of this second page.
_______________________
Notary public
Doc. _______________
Page No. ____________
Book No. ____________
Series No. ___________
g. Cooperatives and Filipino applicants who are not yet stallholders in the market shall have preference in the lease of the public market stall or space, except in case of death or legal disability of the actual stallholders wherein preference shall be guided by Section IX © of this ordinance.
h. In case there are a number of qualified applicants, adjudication of the stall or space shall be made by drawing of lots to be conducted by the Market Committee on the date and hour specified in the notice.
i. An applicant who is not satisfied with the adjudication made by the Market Committee may file an appeal with the Office of the Mayor. The decision of the Mayor shall be final.
Section 9. Miscellaneous Provisions on Stalls/Space:
a. Vacancy of the Stall before expiration of the lease.
If for any reason, a stallholder or lease discontinue his business before his lease contract expires, such stall shall be considered vacant and its occupancy thereafter shall be disposed of in the manner herein prescribed.
b. Sale or transfer of stall or space to another person is strictly prohibited. If anyone is caught violating this section, he/she shall be evicted from the stall/space and at the same time fined in the amount of Two Thousand Five Hundred (P2, 500.00) Pesos or imprisonment for not more than six (6) months or both, at the discretion of the court.
c. In case of the death or legal disability of stallholder.
In case of death or legal disability of stallholder, the surviving spouse, parents, son, daughter or relative within the third degree of consanguinity or affinity shall be given the preference to continue occupying the stall concerned if he/she applies for it; provided, he/she is not disqualified to occupy the same.
d. Lessee to personally administer his stall.
Any person who had been awarded the right to lease a market stall in accordance with the provisions hereof shall occupy, administer his stall. He may employ helpers, including but not limited to his spouse, parents and children who are actually living with him provided said helpers shall, under no circumstance, have any business relation or transactions with him.
Section 10. Rules and Regulations.
a. The sale of foodstuffs which easily deteriorate, like fish, meat, shrimps and the like, outside of the section in the public market designated for the same is prohibited.
a. No person shall utilize the leased stall or any part thereof for residential purposes;
b. It shall be unlawful for any person to peddle, hawk, sell or offer for sale, or expose for sale, any article in the passageway (pasillo).
c. It shall be unlawful for any person to drink, serve or dispense liquor for sale in the public market unless the establishment is duly licensed for the purpose.
d. No. merchandise or article shall be sold or offered for sale or exposed for sale in the public market unless the same was legally acquired by the vendor or stallholder and the taxes thereon had been paid;
e. It shall be unlawful for any lessee to remove or construct electrical wiring or water connection without prior permit from the market administrator/master and approved by the Municipal Mayor;
f. It shall be the duty of every stallholder to provide in his establishment a receptacle or can for his garbage or refuse;
g. It shall be unlawful for stallholder or lessee to use the stall other than what has been applied for;
h. All weights and measures being used by the lessee shall be sealed or calibrated by the Office of the Municipal Treasurer/Mayor and the fee thereof paid to the Office of the Treasurer.
i. The Municipality of Gubat shall not be responsible to the occupants of stall/space for any loss or damage caused by fire, theft, robbery, force majeure, or any other causes.
j. The LESSEE shall pay the corresponding monthly rentals for the stall in the manner and in the amount prescribed under the existing municipal ordinance and other pertinent laws;
k. The LESSEE shall not sell, transfer or sub-lease in favor of any third party his/her right and privilege to occupy the stall and conduct of business therein nor permit other persons to use the leased premises;
l. The business to be conducted in the stall shall belong exclusively to the LESSEE;
m. While occupying the stall under this contract, the LESSEE shall at all times have his/her business license together with his/her 2 x 2 picture and that of his/her helpers, posted at a conspicuous place inside the stall;
n. The lessee will not serve or dispense liquor or any intoxicating drink to any person within the premises of the Stall at anytime of the day and night except when I am duly licensed to do so;
o. The LESSEE shall at all times keep the stall neat and tidy, clean and sanitary, and comply strictly with rules on sanitation and market regulations now existing or hereafter promulgated by the proper authorities;
p. The LESSEE shall not make any alteration or improvement of the stall including water and electrical installations within the stall or its immediate vicinity without the prior knowledge and consent of the LESSOR to whom the LESSEE shall submit beforehand the corresponding bill of materials. Provided, however, that the cost of alteration or improvement shall not be considered in the assessment and payment of the monthly rentals;
q. The LESSEE shall pay the daily/monthly rentals and fees on or before the 20th day of the month, the failure of which he/she shall be subject to a 25% surcharge;
r. Failure on the part of the LESSEE to pay and/or settle the rentals and dues for three (3) consecutive months shall cause the immediate and automatic abrogation of the contract of lease, and the stall be declared vacant and subject to adjudication anew;
CHAPTER XI – AQUATIC RESOURCES UTILIZATION
AND REGULATIONS
Article A- CATCHING OF MUD CRABS OR “ALIMANGO” SEEDLINGS
Section 1. – Scope. This ordinance shall regulate the catching,gathering, taking or harvesting of mud crabs or “alimango” seedlings (SCYLLA SERRATA) in the municipal waters of Gubat, Sorsogon by prohibiting the use of push net and other active/destructive fishing gears.
Section 2 - Definition. For the purpose of this ordinance, the following shall be defined:
a) Catch, take – shall mean to capture or ensnare seedlings, or to get hold or get possession of seedlings.
b) Gather, harvest – shall mean to collect.
c) Push net (hagod-hod) – referes to a fishing gear consisting of a round or canonical shaped fine-meshed fish net attached to a bamboo or iron frame with a handle.
d) Bentol – a square/rectangular or triangular entrapment with a net flooring using natural, synthetic fiber or fishing line No. 0.35 and with a mesh size of not less than seven (7) centimeters measured between two (2) opposite knots of a full mesh when stretched.
Section 3 – Prohibition. This ordinance shall prohibit the use of push net (hagod-hod) and other destructive or active fishing gear in the gathering, catching, taking or harvesting of mud crabs or “alimango” seedlings” (SCYLLA SERRATA) in the Municipal Waters of Gubat, Sorsogon.
Section 4 – Punong Barangay Clearance.The use of “bentol” and other non-destructive fishing gear in the gathering, catching or harvesting of mud crabs seedlings in the municipal waters must have a clearance from the concerned punong barangay, and a corresponding license/permit issued by the Municipal Mayor upon payment of the fee as provided for in Section 15 of the Basic Fishery Ordinance, as amended.
Section 5 – Penalty. Violation of any provision of this ordinance shall subject the offender to a fine of not less than Five Hundred (P500.00) Pesos but not exceeding Two Thousand Five Hundred (P2, 500.00) Pesos, or an imprisonment of not less than one (1) month but not exceeding six (6) months, or both fine and imprisonment at the discretion of the court; Provided that the Municipal Agricultural Officer is empowered to impound the fishing gear or paraphernalia used in catching or gathering of alimango seedlings and cause the return of the mud crab seedlings and fries to the source where the same had been taken.
Section 6-Persons Authorized To Enforce This Ordinance.Members of the Philippine National Police (PNP), Philippine Maritime Police (PMP), Deputy Fish Wardens, All Barangay Officials and Barangay Tanods, Special Fishery Agents, and Officers of Fishermen Associations/Cooperatives are hereby deputized to enforce this ordinance; Provided, that apprehension shall immediately be reported to the Municipal Agricultural Officer for proper disposition and that apprehension report and other related actions of authorities concerned in the enforcement of this ordinance be furnished the following officers for record the reference purposes:
1) Office of the Honorable Mayor; and
2) Office of the Honorable Vice Mayor and the Sanggunain.
Section 7 – Disposition of Imposed Fines. Net proceeds of the imposed fines shall be apportioned to wit:
Forty (40%) per centum of the imposed fines realized shall accrue to the Municipality of Gubat, Sorsogon, and sixty (60%) per centum of which shall accrue to the barangay where the apprehension was effected.
Article B- SEAWEEDS FARMING AND GATHERING
Section 1. Scope. This ordinance shall regulate the farming and gathering seaweeds in the municipal waters of Gubat, Sorsogon, and necessarily including ponds, streams, mangrove, rivers and canals.
Section 2. Definition. As used in this ordinance.
1. Municipal Waters – include not only streams, lakes and tidal waters within the municipality, being the subject of private ownership and not comprised within the national parks, public forest, timber lands, forest reserves or fishery reserves, but also marine waters included between two lines drawn perpendicularly to the general coastline from points where boundary lines of the municipality or city touch sea at low tide and a third line parallel with the general coastline and fifteen (15) kilometers from it. Where two (2) municipalities are so situated on the opposite shores that there is less than fifteen (15) kilometers of marine waters between them, a third line shall be serve as an imaginary line that shall equally divide the waters from opposite shores of the respective municipalities.
2. Seaweeds – all marine algae such as gracilaria, eucheuma and others, used as food or producing derivatives such as agar-agar, algin, carrageenin, argrums, or other extract of economic or commercial value such as but not limited to gulaman dagat, lato and other species of seaweeds.
3. Farm lot - seaweeds farm lot with an area of 1,000 sq. meters.
Section 3. Permit to farm/culture or gather seaweeds. No person/individual, partnership, association or cooperative or corporation shall be allowed to farm/culture or gather seaweeds in the municipal waters unless authorized under a permit/license issued by the Municipal Mayor.
Section 4. Who may be permitted to farm/culture or gather seaweeds. Upon payment of necessary rentals or fees, a permit/license may be issued to an individual or entity that possesses the following qualification:
1. Filipino citizen and of legal age.
2. Cooperative, associations, corporations or partnerships formed and organized under the Philippine laws, accredited by the Municipality of Gubat, Sorsogon, and duly registered with the appropriate government agency, and at least sixty percent (60%) of its capital shall be owned and controlled by Filipino citizens.
Section 5. Identified location with corresponding area of marine/tidal waters suitable for seaweeds farming.
a) Area I – boundary of Pto. Diaz and Gubat near Carayat River 600-800 m. from shoreline and with an area of ten (10) has.
b) Area II - Mowal-bowal – 400 m. from the shoreline and with an area of fifteen (15) has.
c) Area III – Nabat-an with an area of twenty (20) has.
d) Area IV - Kalayukay beach – 200 m. from the shoreline, and with an area of (30) has.
e) Area V - Rizal Beach (near Mabaga area) with an area of two (2) has.
Section 6. Fees and Rentals. The fees herein imposed shall be those that reflected in the Revenue Code of the Municipality.
Duly registered and accredited organization and cooperatives of marginal fishermen/farmers shall be given the preferential right of first refusal and, in the event no associations or cooperatives exercise their preferential rights, such privileges shall be given to other parties upon qualification under Section 4 of this ordinance.
Section 7. Administrative Provisions:
a) A person or an individual shall be granted a maximum area of 1,000 sq.m. only. While an organization or cooperatives, partnership or corporation shall be granted with a maximum area of 2 hectares only.
b) No seaweeds farm lot be established within a distance of 20 meters from each other, nor they be established to obstruct navigation.
c) Farm lot shall be visibly identified by stakes or anchored buoys in perimeters or corners at cost to the lessee.
d) A lease contract shall be executed by the Municipal Mayor and the qualified lessee or his representative.
e) It shall be unlawful for the lessee to sublease his farm lot.
f) After due process afforded to lessee or permittee, the license or permit may be suspended or revoked at any time by the Municipal Mayor for ecological or environmental reasons, or when public interest is at stake.
Section 8. Persons authorized to enforce this ordinance.The members of the Philippine National Police (PNP), Deputy Fish Vendors, Members of the Sangguniang Barangay, Officials of duly registered/accredited Fishermen/Farmers Cooperatives, and Barangay Tanods are hereby deputized to enforce this ordinance.
Section 9. Penal Clause. Violation of any of the provisions of this ordinance shall subject the offender to a fine of not less than ONE THOUSAND FIVE HUNDRED (P1,500.00) PESOS but not more than TWO THOUSAND FIVE HUNDRED (P2,500.00) PESOS or an imprisonment of not less than one (1) month but not exceeding three (3) months or both fine and imprisonment at the discretion of the court.
Section 10. Separability Clause. If for any reason, any provision of this ordinance is held inconsistent or invalid by operation of law or provincial ordinance, or declared unconstitutional, no other provision/section shall be affected.
CHAPTER XII – LAND USE AND ZONING REGULATIONS
Article A- SUBDIVISION PLAN EVALUATION COMMITTEE
Section 1. Creation. The Subdivision Plan Evaluation Committee in the Municipality of Gubat, Sorsogon is hereby created.
Section 2. Membership. The Subdivision Plan Evaluation Committee shall be composed by the following officials:
1. Chairman of the Sangguniang Bayan
Committee on Public Works- Chairman
2. Members of the Sangguniang Bayan
Committee on Public Works- Members
and Chairman of the Committee on Rules and Revision of Laws
Section 3. Technical Staff. The Municipal Planning and Development Coordinator and the Municipal Engineer shall serve as the technical stall of the committee.
Section 4. Guidelines in the Processing of Subdivision and Other Development Plans. The following guidelines are hereby prescribed for the smooth implementation of the responsibilities herein provided and those of existing laws:
I - REQUIRED DOCUMENTS.
A. APPLICATION FOR PRELIMINARY APPROVAL AND LOCATIONAL CLEARANCE FOR SUBDIVISION AND CONDOMINIUM PROJECTS. This document is a priority requirement before any development plan can be implemented.
1. Every registered owner/developer shall submit two (2) sets of the following documents duly signed by a licensed Activity/Engineer to the Sangguniang Bayan:
a) Site development plan (Schematic Plan) showing the proposed layout.
b) Vicinity map indicating and adjoining land use, access as well as existing facilities and utilities at least within 100 meters from the property boundaries of the project drawn to scale.
c) Survey plan of the lots as described in the Transfer Certificate of Title(s).
2. Two (2) copies of certified true copy of title(s) and current tax receipts.
3. If the land is an agricultural land planted to rice and corn whether tenanted or non-tenanted two (2) copies of DAR Team/Field Inspection Report plus Affidavit of Non-tenancy by the Owner/development for not-tenanted land, or affidavit or waiver from tenants for tenanted lands.
4. Right to use or Deed of Sale of Right of Way or access road and other utilities when application.
B. APPLICATION FOR FINAL APPROVAL OF SUBDIVISION PLAN. After the applicant has secured a copy of each of the preliminary approval and location clearance and submit them to the Sangguniang Bayan, every owner/develop shall:
1. Submit the following documents duly signed by the licensed Architect/Engineer:
a) One (1) copy of Topographic Map of Site;
b) Three (3) copies of Site Development Plan;
c) Three (3) copies of road (geometric and structural) design/plan:
c.1. Profile showing the vertical control designed grade, curve elements and all information needed for construction;
c.2. Typical roadway sections showing relatives dimensions and slopes of pavement, gutters, sidewalks, shoulders benching and others;
c.3. Details of roadway showing the required thickness of pavement subgrade treatment and sub-base course on the design analysis;
c.4. Details or roadway miscellaneous structures such as curb, and gutter (barrier, mountable and drop), slopes protection wall and retaining wall, if any.
d. Three (3) copies of Store Drainage and Sewer System Plans.
d.1. Profile showing the hydraulic gradients of the main lines including structures in relation with the road grade line.
d.2. Details of drainage and miscellaneous structure such as various types of manholes, catch basis inlets (curb, gutter and drop), culverts and channel linings.
e) Three (3) copies of Water System Layout and Details
f) Three (3) copies of Site Grading Plan
Plans with the finished contour lines superimposed on the existing ground the limits of earth works, embankment slopes, surface drainage, outfalls and other.
2. Two (2) copies of Projects Study for project having an area of one (1) hectare and above with the following attachments:
a) Audited Assets and Liabilities and Income Statement
b) Income Tax Return (for the last 3 years)
c) Certification of Registration with SEC
d) Article of Incorporation of Partnership
e) Corporation By-Laws and all Implementing Amendments
3. Specification, Bill of Materials and Cost Estimate
II- OTHER DOCUMENTS:
E. APPLICATION FOR FINAL APPROVAL OF CONDOMINIUM PLAN SUBDIVISION TOWNHOUSE.
1. Every registered owner/developer shall submit two (2) sets of the following duly signed and sealed by Licensed Architect/Engineer:
a) Subdivision Plan (for townhouse subdivision only)
b) Topographic Map
c) Site Development Plan
d) Floor Plans
e) Four (4) elevations (front, rear, right side and left side)
f) Two (2) sections (cross and longitudinal)
g) Bill of Materials, Cost Estimates and Specifications
2. Two (2) copies of Project Study
D. APPLICATION FOR ALTERATION OF PLAN OF SUBDIVISION AND CONDOMINIUM TOWNHOUSE
1. Four (4) copies of the plan showing the proposed alteration duly signed and sealed by a Licensed Architect/Engineer.
2. Letter stating the purpose/reason for the proposed alteration/conversion.
3. Sworn statement that the affected lots/units for alteration have not been sold.
4. Written conformity of the duly organized homeowners association or in the absence thereof, majority of the lot/unit buyers.
5. Certified true copy of title(s) of the affected lots//units which have been titled.
E. APPLICATION FOR APPROVAL OF A SIMPLE SUBDIVISION PROJECT
1. Every registered owner/develop shall submit two (2) sets of the following documents duly signed and sealed by a licensed Architect/Engineer:
a. Site Development Plan (schematic plan) showing the proposed layout;
b. Vicinity map drawn to scale showing the adjoining land use circulation network as well as existing facilities and utilities at least within 100 meters from project boundaries.
2. Certified True Copies of Title(s) and Tax Declaration(s), Deed of Sale/Memorandum of Agreement if the title is not registered in the name of the applicant.
3. Purpose/Intent
4. Certified true copies of title(s) and Tax Declarations(s)
5. Copy of Building Permit from Local Building Officials
III- EVALUATION AND REVIEW BY THE TECHNICAL STAFF. Upon receipt of the complete documentary requirements of the application, and upon payment of the required fees as provided for by law, the technical stall shall:
1. Conduct site inspection;
2. Evaluate and process documents;
3. Drafts decision; and
4. Initials final decision for submission to the committee for appropriate action.
IV- FINAL APPROVAL BY THE SANGGUNIANG BAYAN. Upon receipt of the decision prepared by the technical committee, the Sanggunian shall:
1. Through a resolution, approves the development plan; and
2. Submit to the Office of the Mayor for the issuance of a Development Permit.
Section 5 – Applicability of Existing Laws and their Implementing Guidelines – The provisions of P.D. 957, RA 7279, B.P. 220, their implementing rules, and all applicable laws apply in this ordinance.
.
Article B – REVISED ZONING REGULATIONS
TITLE I
TITLE OF THE ORDINANCE
Section 1. Title of the Ordinance. This ordinance shall be known as the Comprehensive Zoning Ordinance of the Municipality of Gubat, Sorsogon and shall be referred to as the Zoning Ordinance.
TITLE II
AUTHORITY AND PURPOSE
Section 2. Authority. This Ordinance is enacted pursuant to the provisions of the New Local Government Code, RA 7160 Sections 458 a.2 (7-9) and 447 a.2 (7-9) dated 10 October 1991, Authorizing the Municipality through the Sanggunian Bayan to adopt CLUP and enact Zoning Ordinance subject to the provisions of existing laws and in conformity with E.O. No. 72:
Section 3. Purpose. This Ordinance is enacted for the following purposes:
1. Guide, control and regulate future growth and development of Gubat, Sorsogon in accordance with its Comprehensive Land Use Plan.
2. Protect the character and stability of residential, commercial, industrial, institutional, forestry, agricultural, open space and other functional areas within the locality and promote the orderly and beneficial development of the same.
3. Promote and protect the health, safety, peace, comfort, convenience and general welfare of the inhabitants in the locality.
Section 4. General Zoning Principle. This zoning regulations is based on the approved General and Urban Land Use Plans as per Resolution No. 73-S-2000 dated June 5, 2000 of the Municipality of Gubat, Sorsogon.
DEFINITION OF TERMS
Section 5. Definition of Terms. The definition of technical terms used in the Zoning Ordinance shall carry the same meaning given to them in already approved codes and regulations, such as but not limited to the National Building Code, Water Code, Philippine Environmental Code and other implementing Rules and Regulations, promulgated by the HLRB. The words, terms and phrases enumerated hereunder shall be understood to have the meaning corresponding indicated as follows:
1. Agricultural Zone (AGZ) – an area within the municipality intended to cultivation/fishing and pastoral activities e.g. fish, farming, cultivation of crops, goat/cattle raising, etc.
2. Agro-Industrial Zone (AIZ) – an area WITHIN THE MUNICIPALITY INTENDED primarily for integrated farm operations and related product processing activities such as plantation for bananas, pineapple, sugar, etc.
3. HLRB/BOARD – SHALL MEAN THE HOUSING AND LAND USE REGULATORY BOARD
4. Buffer Area – these are YARDS, PARKS OR open spaces INTENDED to separate incompatible elements or uses to control pollution/nuisance and for identifying and defining development areas or zones where NO PERMANENT STRUCTURES ARE ALLOWED.
5. Built-up Area – a contiguous grouping of ten (10) or more structures.
6. Central Business District – shall refer to areas designated principally for trade, services and business purposes (Commercial 1 Zone).
7. Certificate of Non-Conformance – certificate issued TO OWNERS OF all uses existing prior to the approval of the Zoning Ordinance which do not conform in a zone as per provision of the said Ordinance.
8. Compatible Use – uses or land activities capable of existing together harmoniously e.g. residential use and parks and playground.
9. Comprehensive Land Use Plan (CLUP) – a document embodying specific proposals for guiding, regulating growth and/or development. The main components of the Comprehensive Land Use Plan in this usage are the sectoral studies i.e. Demography, Socio-Economic, Infrastructure and Utilities, Local Administration and Land Use.
10. Conflicting Uses – uses or land activities with contrasting characteristics sited adjacent to other e.g. residential units adjacent to industrial plants.
11. Conforming Use – a use which is in ACCORDANCE with the zone classification as provided for in the Ordinance.
12. Easement – open space imposed on any land use/activities sited along waterways, road-right-of-ways, cemeteries/memorial parks and utilities.
13. ENVIRONMENTALLY CRITICAL AREAS – refers to those areas which are environmentally sensitive and are listed in Presidential Proclamation 2146 dated December 14, 1981.
14. ENVIRONMENTALLY CRITICAL PROJECTS – refers to those projects which have high potential for negative environmental impacts and are listed in presidential proclamation 2146 dated December 14, 1981.
15. Exception – a device which grants a property owner relief from certain provisions of a Zoning Ordinance where because of the specific use would result in a particular hardship upon the owner, as distinguished from a mere inconvenience or a desire to make more money.
16. FLOOR AREA RATIO OR “FAR” – is the ratio between the gross floor area of a building and the area of the lot on which it stands, determined by dividing the gross floor area of the building and the area of the lot. The gross floor area of any building should not exceed the prescribed floor area ratio (FAR) multiplied by the lot area. The FAR of any zone should be based on its capacity to support development in terms of the absolute level of density that the transportation and other utility networks can support.
17. General Commercial Zone (GCZ) – an area within a or municipality for trading/services/business purposes.
18. General Industrial Zone (IZ) – a subdivision of an area principally for the following types of industries:
a. non-pollutive / non-hazardous
b. pollutive / hazardous
19. General Institutional Zone (GIZ) – an area within a municipality principally for general types of institutional establishments e.g. government offices, schools, hospital/clinics, academic/research, convention centers.
20. General Residential Zone (GRZ) – an area within a municipality principally for dwelling/housing purposes.
21. General Zoning Map – a duly authenticated map delineating the different zones in which the whole municipality is divided.
22. GROSS FLOOR AREA (GFA) – the GFA of a building is the total floor space within the perimeter of the permanent external building walls, occupied by:
• office areas;
• residential areas;
• corridors;
• lobbies;
• mezzanine;
• vertical penetrations, which shall mean stairs, fire escapes. elevator shafts, flues, pipe shafts, vertical ducts, and the like, and their enclosing walls.
• resort rooms or toilet;
• machine rooms and closets;
• storage rooms and closets;
• covered balconies and terraces;
• interior walls and columns, and other interior features;
but excluding:
j) covered areas used for parking and driveways, including vertical penetrations in parking floors where no residential or office units are present:
k) uncovered areas for ac cooling towers, overhead water tanks, roof decks laundry areas and cages, wading or swimming pools, whirlpools or jacuzzis, gardens, courts or plazas.
23. Innovative Design – introduction and/or application of new/creative designs and technique in developing projects e.g. Planned Unit Development (PUD) newtown, etc.
24. Location Clearance – a clearance issued to a project that is allowed under the provisions of this Zoning Ordinance as well as other standards, rules and regulations on land use.
25. Mitigating Device – a means to grant relief in complying with certain provisions of the Ordinance.
26. Non-Conforming Use – existing non-conforming uses/establishments in an area allowed to operate inspite of the non-conformity to the provisions of the Ordinance subject to the conditions stipulated in this Zoning Ordinance.
27. Parks and Recreation Zone (PRZ) – an area designed for diversion/amusements and for the maintenance if ecological balance of the community.
28. Planned Unit Development (PUD) – it is a land development scheme wherein project site is comprehensively planned as an entity via unitary site plan which permits flexibility in planning/design, building sitting, complementary of building types and land uses, usable open spaces and the preservation of significant natural land features.
29. REZONING – a process of introducing amendments to or a change in the text and maps of the zoning ordinance. it also includes amendment or change in view of reclassification under section 20 of R.A. 7160.
30. Rural Area – area outside of the designated urban area.
31. Setback – the open space left between the building and lot lines.
32. SOCIALIZED HOUSING ZONE (SHZ) – shall be used principally for socialized housing/dwelling purposes for the underprivileged and homeless as defined in R.A. 7279.
33. Special Institutional Zone (SIZ) – an area within the municipality principally for particular types of institutional establishments e.g. welfare, homes, orphanages, home for the aged, rehabilitation and training centers, military camps / reservation / bases / training grounds, etc.
34. TOURIST ZONE (TZ) – are sites within the municipality endowed with natural or manmade physical attributes and resources that are conducive to recreation, leisure and other wholesome activities.
35. URBAN AREA(S) – include all barangay(s) or portion(s) of which compromising the poblacion, central business district (CBD) and other built up areas including the urbanizable land in and adjacent to said areas and where at least more than fifty (50%) percent of the population are engaged in non-agricultural activities. CBD shall refer to the areas designated principally for trade, services and business purposes.
36. Urban Zoning Map – a duly authenticated map delineating the different zones into which the urban area and its expansion area are divided.
37. Urbanized Land – area designated as suitable for urban expansion by virtue of land use studies conducted.
38. Variance – a special locational clearance which grants a property owner relief from certain provisions of Zoning Ordinance where, because of the particular, physical surrounding, shape or topographical conditions of the property, compliance on height, area, setback, bulk and/or density would result in a particular hardship upon the owner, as distinguished from a mere inconvenience or a desire to make more money.
39. Visita – the center of the barangay where most of the residents live and public facilities are located
40. Warehouse – refers to a storage and/or depository of those in business of performing warehouse services for others, for profit.
41. Water Zone (WZ) – are bodies of water within the municipality which includes rivers, streams, lakes and seas except those included on other zone classification.
42. Zone/District – an area within a municipality for specific land use as defined by manmade or natural boundaries.
43. Zoning Administrator / ZONING OFFICER – a municipal government employee responsible for the implementation/enforcement of the Zoning Ordinance in a community.
44. Zoning Ordinance – a local legal measure which embodies regulations affecting land use.
TITLE – IV
ZONE CLASSIFICATION
Section 6. Division into Zones or Districts. To effectively carry out the provisions of this Ordinance, the municipality is hereby divided into the following zones or districts as shown in the Official Zoning Maps.
1. General Residential Zone (GRZ
2. Socialized Housing Zone (SHZ)
3. General Commercial Zone (GCZ
4. General Industrial Zone (GIZ)
5. General Institutional Zone (GIZ
6. Agricultural Zone (AGZ)
7. Agro- Industrial Zone (AIZ
8. Parks and other Recreation Zone (PRZ)
9. Water Zone (WZ)
10.Tourist Zone (TZ)
Section 7. Zoning Maps. It is hereby adopted as an integral part of this Ordinance, the Official Zoning Maps for urban areas and for the whole municipality (general), wherein the designation, location and boundaries of the districts/zones, herein established are shown and indicated.
Section 8. Zone Boundaries. The locations and boundaries of the above mentioned various zones into which the municipality has been divided are hereby identified and specified as follows:
1. General Residential Zone (GR)
1. Bounded on the North by Highway 59 (Magsaysay Street)
Bounded on the South by Bonifacio Drive
Bounded on the East by Quezon Street
Bounded on the West the hillside
(The lots fronting Manook Street are classified as commercial lots)
2. Bounded on the North by Bonifacio Drive
Bounded on the South by Padrique Street
Bounded on the East by Quezon Street
Bounded on the West by the hillside
(The lots fronting Manook Street are classified as commercial lots)
3. Bounded on the North by Padrique Street
Bounded on the South by Aguinaldo Street
Bounded on the East by the commercial lots of Manook Street
Bounded on the West by the hillside
4. Bounded on the North by Aguinaldo Street
Bounded on the South by Herrera Street
Bounded on the East by the commercial lots of Manook Street
Bounded on the West by the Bonifacio St.
5. Bounded on the North by Padrique Street
Bounded on the South by Aguinaldo Street
Bounded on the East by Quezon Street
Bounded on the West by the commercial lots of Manook Street
6. Bounded on the North by Padrique Street
Bounded on the South by Aguinaldo Street
Bounded on the East by Burgos street
Bounded on the West by Quezon Street
7. Bounded on the North by Padrique Street
Bounded on the South by Aguinaldo Street (ext)
Bounded on the East by the Seawall
Bounded on the West by Burgos Street
8. Bounded on the North by Mararag River
Bounded on the South by the Gubat Catholic Cemetery and Padrique Street
Bounded on the East by the seashore and Aguinaldo Elementary School
Bounded on the West by Quezon Street
9. Bounded on the North by Aguinaldo Street
Bounded on the South by Luna Street
Bounded on the East by Seawall
Bounded on the West by Quezon Street
10. Bounded on the North by Calderon Street
Bounded on the South by Panganiban Street
Bounded on the East by Burgos Street
Bounded on the West by Quezon Street
11. Bounded on the North by Aguinaldo St. (Ext)
Bounded on the South by Luna Street
Bounded on the East by Bonifacio Street
Bounded on the West by Hillside
12. Bounded on the North by Luna Street
Bounded on the South by Calderon Street
Bounded on the East by Bonifacio Street
Bounded on the West by
13. The remaining lots bounded on the North by Mabini Street; Bounded on the South by Calderon Street; Bounded on the East by Quezon Street; and bounded on the west by the commercial lots fronting Manook Street.
14. Bounded on the North by Calderon Street
Bounded on the South by the Gubat National High School compound and Gubat Abattoir.
Bounded on the East by Bonifacio St.
Bounded on the West by hillside
15. Bounded on the North by Calderon Street
Bounded on the South by Panganiban Street
Bounded on the East by commercial lots along Manook Street
Bounded on the West by Bonifacio Street
16. Bounded on the North by Mun. Compound
Bounded on the South by Panganiban Street
Bounded on the East by Quezon street
Bounded on the West by the commercial lots along Manook Street
17. Bounded on the North by High Sch.
Bounded on the South by Panganiban Street
Bounded on the East by Bonifacio Street
Bounded on the West by Magsaysay street
18.Bounded on the North by Gubat North Central School.
Bounded on the South by proposed extension of Panganiban Street and the mangroves
Bounded on the East by Rizal Street
Bounded on the West by Burgos Street.
19. Bounded on the North by the Bicol University compound
Bounded on the South by mangroves
Bounded on the East by the proposed seawall
Bounded on the West by Rizal Street
20.Bounded on the North by Panganiban Street
Bounded on the South by the proposed coastal road
Bounded on the East by Quezon Street
Bounded on the West by Dancalan Brook
21. The remaining lots of the block bounded on the north by the lots fronting Herrera Street; Bounded on the south by the commercial lots fronting Luna Street; bounded on the East by the commercial lots fronting Manook Street; and Bounded on the West by the commercial lots fronting Bonifacio Street.
22. Bounded on the North by the commercial lots fronting Luna street
Bounded on the South by Calderon street
Bounded on the East by the Gubat Public Transport terminal
Bounded on the West by Bonifacio Street
23. Bounded on the North by Aguinaldo Street
Bounded on the South by Herrera Street
Bounded on the East by Quezon street
Bounded on the West by commercial lots fronting Manook Street.
24. Bounded on the North by Calderon Street
Bounded on the South by the Municipal compound
Bounded on the East by Quezon Street
Bounded on the West by the Yao Tho Cha building/compound.
25. The lots fronting the Western Section of Quezon Street from corner Calderon Street southward to Escurel Street
26. Bounded on the North by Panganiban street and Extension
Bounded on the South by Panganiban mangroves
Bounded on the East by the proposed seawall
Bounded on the West by Quezon street.
1. General Residential Zone (GR)
1. Bounded on the North by Highway 59 (Magsaysay Street)
Bounded on the South by Bonifacio Drive
Bounded on the East by Quezon Street
Bounded on the West the hillside
(The lots fronting Manook Street are classified as commercial lots)
2. Bounded on the North by Bonifacio Drive
Bounded on the South by Padrique Street
Bounded on the East by Quezon Street
Bounded on the West by the hillside
(The lots fronting Manook Street are classified as commercial lots)
3. Bounded on the North by Padrique Street
Bounded on the South by Aguinaldo Street
Bounded on the East by the commercial lots of Manook Street
Bounded on the West by the hillside
4. Bounded on the North by Aguinaldo Street
Bounded on the South by Herrera Street
Bounded on the East by the commercial lots of Manook Street
Bounded on the West by the Bonifacio St.
5. Bounded on the North by Padrique Street
Bounded on the South by Aguinaldo Street
Bounded on the East by Quezon Street
Bounded on the West by the commercial lots of Manook Street
6. Bounded on the North by Padrique Street
Bounded on the South by Aguinaldo Street
Bounded on the East by Burgos street
Bounded on the West by Quezon Street
7. Bounded on the North by Padrique Street
Bounded on the South by Aguinaldo Street (ext)
Bounded on the East by the Seawall
Bounded on the West by Burgos Street
8. Bounded on the North by Mararag River
Bounded on the South by the Gubat Catholic Cemetery and Padrique Street
Bounded on the East by the seashore and Aguinaldo Elementary School
Bounded on the West by Quezon Street
9. Bounded on the North by Aguinaldo Street
Bounded on the South by Luna Street
Bounded on the East by Seawall
Bounded on the West by Quezon Street
10. Bounded on the North by Calderon Street
Bounded on the South by Panganiban Street
Bounded on the East by Burgos Street
Bounded on the West by Quezon Street
11. Bounded on the North by Aguinaldo St. (Ext)
Bounded on the South by Luna Street
Bounded on the East by Bonifacio Street
Bounded on the West by Hillside
12. Bounded on the North by Luna Street
Bounded on the South by Calderon Street
Bounded on the East by Bonifacio Street
Bounded on the West by
13. The remaining lots bounded on the North by Mabini Street; Bounded on the South by Calderon Street; Bounded on the East by Quezon Street; and bounded on the west by the commercial lots fronting Manook Street.
14. Bounded on the North by Calderon Street
Bounded on the South by the Gubat National High School compound and Gubat Abattoir.
Bounded on the East by Bonifacio St.
Bounded on the West by hillside
15. Bounded on the North by Calderon Street
Bounded on the South by Panganiban Street
Bounded on the East by commercial lots along Manook Street
Bounded on the West by Bonifacio Street
16. Bounded on the North by Mun. Compound
Bounded on the South by Panganiban Street
Bounded on the East by Quezon street
Bounded on the West by the commercial lots along Manook Street
17. Bounded on the North by High Sch.
Bounded on the South by Panganiban Street
Bounded on the East by Bonifacio Street
Bounded on the West by Magsaysay street
18.Bounded on the North by Gubat North Central School.
Bounded on the South by proposed extension of Panganiban Street and the mangroves
Bounded on the East by Rizal Street
Bounded on the West by Burgos Street.
19. Bounded on the North by the Bicol University compound
Bounded on the South by mangroves
Bounded on the East by the proposed seawall
Bounded on the West by Rizal Street
20.Bounded on the North by Panganiban Street
Bounded on the South by the proposed coastal road
Bounded on the East by Quezon Street
Bounded on the West by Dancalan Brook
23. The remaining lots of the block bounded on the north by the lots fronting Herrera Street; Bounded on the south by the commercial lots fronting Luna Street; bounded on the East by the commercial lots fronting Manook Street; and Bounded on the West by the commercial lots fronting Bonifacio Street.
24. Bounded on the North by the commercial lots fronting Luna street
Bounded on the South by Calderon street
Bounded on the East by the Gubat Public Transport terminal
Bounded on the West by Bonifacio Street
23. Bounded on the North by Aguinaldo Street
Bounded on the South by Herrera Street
Bounded on the East by Quezon street
Bounded on the West by commercial lots fronting Manook Street.
24. Bounded on the North by Calderon Street
Bounded on the South by the Municipal compound
Bounded on the East by Quezon Street
Bounded on the West by the Yao Tho Cha building/compound.
27. The lots fronting the Western Section of Quezon Street from corner Calderon Street southward to Escurel Street
28. Bounded on the North by Panganiban street and Extension
Bounded on the South by Panganiban mangroves
Bounded on the East by the proposed seawall
Bounded on the West by Quezon street.
29. All lots within the “visita” of the rural barangays shown in the General Land Use Map.
2. Socialized Housing Zone (SHZ)
1. The entire area of the Jeep Ni Erap Housing Project.
2. St. Anthony Housing Subdivision.
3. Holy Family Housing Subdivision
4. Holy Spirit Housing Subdivision
5. Relocation Area in barangay Cogon owned by the Municipal Government of Gubat, Sorsogon
6. BLISS Housing project at Barangay San Ignacio
3. General Commercial Zone (GCZ)
1. All lots facing or fronting the National Highway at Manook Street from Mararag Bridge to junction of Panganiban Street.
2. Bounded on the North by Herrera Street
Bounded on the South by Luna Street
Bounded on the East by Quezon Street
Bounded on the West by Manook Street
3. All lots fronting Luna Street from corner Bonifacio Street eastward to Quezon Street
4. Bounded on the North by Luna Street
Bounded on the South by Mabini Street
Bounded on the East by the Gubat parish Lot
Bounded on the West by Manook Street
5. The lots fronting Mabini Street from Manook Street Eastward to Quezon Street
6. All lots located along the southern portion of Herrera Street from junction of Bonifacio Street to corner Quezon Street
7. All lots located along the eastern side of Quezon Street from corner Herrera Street to Corner Luna Street
8. All lots fronting Roxas Street from Corner Quezon Street eastward to Burgos Street.
9. The Gubat Public Transport Terminal
10. Gubat St. Anthony Credit Coop Building fronting Rizal Street
11. The Jose Baritua building fronting Rizal Street.
12. The lots along Calderon Street from Angie Ferreras Building to the Yao tho Cha building
13. All lots fronting Bonifacio Street from the junction of Herrera Street down to corner Luna Street.
14. All lots along the Eastern portion of Bonifacio Street from junction of Calderon Street down to junction of Dote Lane.
4. General Industrial Zone (GIZ)
1. Bounded on the North the Proposed road extension North of the Gubat Abattoir
Bounded on the South by a residential sector fronting the national Highway
Bounded on the East by Magsaysay Street
Bounded on the West by Hillside
2. The whole area of the proposed reclamation site East of barangays Pinontingan, Balud del Sur and Balud del Norte
5. General Institutional Zone (GIZ
1.The entire area of the Aguinaldo Elementary school
2. The entire area of the Bonifacio elementary School
3. The entire area of the Gubat National High School
4. The entire area of the Gubat South Central School
5. The entire area of the Gubat North Central School
6. The Gubat District Hospital
7. The Municipal Compound.
8. The Old Municipal Building Compound
9. Bounded on the north by Luna Street
Bounded on the South by Mabini Street
Bounded on the East by the old municipal compound
Bounded on the West by Quezon Street.
9. The lot occupied by the Hermo Medical Clinic
10. The entire area of the Annunciation College along Panganiban Street
11. The lots of The Gubat Parish Church
6. Agricultural Zone (AGZ)
All areas in the approved Strategic Agricultural and Fisheries Development Zones (SAFDZ) identified as:
1. Intensive Rice-based Development area
2. Diversified Rice –Based development area
7. Agro- Industrial Zone (AIZ)
All areas in the approved Strategic Agriculture and Fisheries Development Zones identified as:
1. Coconut-based production area
2. Feedlot fattening area
3. Prawn-based production area
4. Seaweed production area
5. Coconut/livestock Development area
6. Coco/Pili Based Development production area
8. Parks and other Recreation Zone (PRZ)
1. Christ the King Park
2. Buenavista (Former Gubat Breeding Station site)
3. Gubat Catholic Cemetery
4. Gubat Public Cemetery
9. Tourist Zone (TZ)
1. Rizal Beach
2. Paco Caves
3. Handawan Coral Reef
4. Proposed Dancalan Beach Resort
5. Bagacay Caves
6. Liyang Caves of Togawe
7. Calayukan Beach
10. Forest Zone 1.All mangrove forests found along the coastal barangays of the municipality
11. Water Zone
1. It includes the municipal waters as defined in the fishery ordinance of the municipality.
Section 9. Interpretation of the Zone Boundary. In the interpretation of the boundaries for any of the zones indicated on the Zoning Map, the following rules shall apply:
1. Where zone boundaries are so indicated that they approximately follow the center of streets or highway, the street or highway right-of-way lines, shall be construed to be the boundaries.
2. Where zone boundaries are so indicated that they approximately follow the lot lines, such lot lines shall be construed to be the boundaries.
3. Where zone boundaries are so indicated that they are approximately parallel to the center lines of right-of-way lines of streets and highways, such zone boundaries shall be construed as being parallel thereto and at such distance there from as indicated in the zoning map. If no distance is given, such dimension shall be determined by the use of the scale shown in said zoning map.
4. Where the boundary of a zone follows approximately a railroad line, such boundary shall be deemed to be the railroad right-of-way.
5. Where the boundary of a zone follows a stream, lake or other bodies of water, said boundary line shall be deemed to be at the limit of the political jurisdiction of the community unless otherwise indicated. Boundaries indicated as following shorelines shall be construed to follow such shorelines and in the event of change in the shorelines, shall be construed as moving with the actual shorelines.
6. Where a lot of one ownership, as of record at the effective date of this Ordinance, is divided by a zone boundary line, the lot shall be construed to
7. be within the zone where the major portion of the lot is located. In case the lot is bisected by the boundary line, is shall fall in the zone where the principal structure falls.
8. Where zone boundary is indicated as one-lot-depth, said depth shall be construed to be the average lot depth of the lots involved within each particular municipality block. Where, however, any lot has a depth greater than said average, the remaining portion of said lot shall be construed as covered by the one-lot-depth zoning district provided the remaining portion has an area less than fifty percent (50%) of the total area of the entire lot. If the remaining portion has an area equivalent to fifty percent (50%) or more
URBAN MAP
9. of the total area of the lot then the average lot depth shall apply to the lot which shall become a lot divided and covered by two or more different zoning districts, as the case may be.
In case of any remaining doubt as to the location of any property along zone boundary lines, such property shall be considered as falling within the less restrictive zone.
10. The textual description of the zone boundaries shall prevail over that of the Official Zoning Maps.
ARTICLE V
ZONE REGULATIONS
Section 10. General Provision. The uses enumerated in the succeeding sections are neither exhaustive nor all-inclusive. The Local Zoning Board Of Adjustment And Appeals (LZBAA) shall, subject to the requirements of this Article, allow other uses not enumerated hereunder provided that they are compatible with the uses expressly allowed.
Allowance of further uses shall be based on the intrinsic qualities of the land and the socio-economic potential of the locality with due to the maintenance of the essential qualities of the zone.
Section 11. Use Regulations in General Residential Zone. A GR Zone shall be used principally for dwelling/housing purposes so as to maintain peace and quiet of the area within the zone. The following are the allowable uses.
2. Detached family dwelling
3. Multi-family dwelling e.g. row-houses, apartments
4. Residential Condominium
5. Apartment
6. Hotel
7. Pension House
8. Hotel apartment or apartel
9. Dormitory
10. Boarding House
11. Branch Libraries and Museums
12. Customary accessory uses like:
a. Servants quarter
b. Private Garage
c. Guard House
13. Home occupation for the practice of one’s profession or for engaging home business such as dressmaking, tailoring, baking, running a sari-sari store and the like provided that:
a. The number of persons engaged in such business/industry shall not exceed five (5), inclusive of the owner;
b. There shall be no change in the outside appearance of the building premises;
c. No home occupation shall be conducted in any customary accessory uses cited above;
d. No traffic shall be generated by such home occupation in greater volume than would normally be expected in a residential neighborhood and any need for parking generated by the conduct of such home occupation shall be met off the street and in a place other than the required front yard;
e. No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors and electrical interference detectable to the normal senses and visual or audible interference in any radio or television receiver or causes fluctuations in line voltage of the premises.
14. Home Industry Classified as cottage industry provided that:
a. Such home industry shall not occupy more than thirty (30%) percent of the floor area of the dwelling unit. There shall be no change or alteration in the outside appearance of the dwelling unit shall not be a hazard or nuisance.
b. Allotted capitalization shall not exceed the capitalization as set by the Department of Trade and Industry (DTI).
c. Such shall consider same provisions as enumerated in letters c, d, and e number 12, home occupation, this section.
15. Recreational facilities for the exclusive use of the members of the family residing within the premises, such as:
a. Swimming pool
b. Pelota court
c. Others
16. Nursery/Elementary School
17. High School
18. Vocational School
19. Sport Club
20. Religious Use
21. Multi-purpose Hall/Barangay hall
22. Clinic, nursing and convalescing home, health center
23. Plant nurseries
Section 12. Use Regulations in Socialized Housing Zone (SHZ). An SHZ shall be used principally for socialized housing/dwelling purposes for the underprivileged and homeless as defined in B.P 220 and RA 7279.
Section 13. Use Regulations in General Commercial Zone (GCZ). A GC Zone shall be for business/trade/service uses. Within the zone the following types of establishments shall be allowed:
1. Offices like:
a. Office building
b. Office condominium
2. General retail stores and shops like:
a. Department store
b. Bookstore and office supply shop
c. Home appliance store
d. Car shop
e. Photo shop
f. Flower shop
3. Food markets and shops like:
a. Bakery and bake shop
b. Wine store
c. Grocery
d. Supermarket
4. Personal service shops like:
a. Beauty parlor
b. Barber shop
c. Sauna bath and massage clinic
d. Dressmaking and tailoring shops
5. Recreational center/establishments like:
a. Movie house / theater
b. Play court e.g. tennis court, bowling lane, billiard hall
c. Swimming pool
d. Day and night club
e. Stadium, coliseum, gymnasium
f. Other sports and recreational establishment
6. Restaurants and other eateries
7. Short term special education like:
a. Dancing schools
b. School for self defense
c. Driving schools
d. Speech clinics
8. Storerooms but only as may be necessary for the efficient conduct of the business.
9. Commercial condominium (with residential units in upper floors)
10. Commercial housing like:
a. Hotel
b. Apartment
c. Apartel
d. Boarding house
e. Dormitory
f. Pension house
g. Club house
h. Motel
11. Embassy/consulate
12. Library museum
13. Filling Station/service station
14. Clinic
15. Vocational/technical school
16. Convention Center and related facilities
17. Messengerial service
18. Security Agency
19. Janitorial Service
20. Bank and other financial institutions
21. Radio and television station
22. Building garage, parking lot
23. Bakery and baking of bread, cake, pastries, pies and other similar perishable products
24. Custom dressmaking shop
25. Custom tailoring shop
26. Commercial and job printing
27. Typing and photo engraving services
28. Repair of optical instruments and equipment and cameras
29. Repair of clocks and watches
30. Manufacture of insignia, badges and similar emblems except metal
31. Transportation terminals/garage with and without repair
32. Repair shops like:
a. house appliances repair shops
b. motor vehicles an accessory repair shops
c. home furnishing shops
33. Printing / publishing
34. Machinery display shop/center
35. Gravel and sand
36. Lumber/hardware
37. Manufacture of ice blocks, cubes, tubes, crush except dry ice
38. Printing and publishing of books and pamphlets, printing cards and stationary
39. Manufacture of signs and advertising displays (except printed)
40. Chicharon factory
41. Manufacture of wood furniture including upholstered
42. Manufacture of rattan furniture including upholstered
43. Manufacture of box beds and mattresses
44. Welding shops
45. Machine shop service operation (repair/rebuilding, or custom job orders)
46. Medium scale junk shop
47. Repair of motorcycles
48. Lechon or whole pig roasting
49. Biscuit factor – manufacture of biscuits, cookies, crackers and other similar dried bakery products
50. Doughnut and hopia factor
51. Other bakery products not elsewhere classified
52. Repacking of food products e.g. fruits, vegetables, sugar and other related products
53. Plant nursery
54. Funeral parlor, mortuaries and crematory services and memorial chapels
55. Parking lots, garage facilities
56. Other commercial activities not elsewhere classified
Section 14. Use Regulation in the General Industrial Zone (GIZ). An I-1 zone shall be for non-pollutive/ non-hazardous and non-pollutive/hazardous manufacturing/processing establishments. Enumerated below are the allowable uses:
a. Non-Pollutive/Non-Hazardous Industries
1. Drying fish
2. Biscuit factory – manufacture of biscuits, cookies, crackers and other similar dried bakery products
3. Doughnut and hopia factory
4. Manufacture of macaroni, spaghetti and vermicelli and other noodles
5. Other bakery products not elsewhere classified
6. Life belts factory
7. Manufacture of luggage, handbags, wallets and small leather goods
8. Manufacture of miscellaneous products of leather and leather substitute
9. Manufacture of shoes except rubber, plastic and wood
10. Manufacture of slipper and sandal except rubber and plastic
11. Manufacture of footwear parts except rubber and plastic
12. Printing, publishing and allied industries
13. Manufacture of assembly of typewriters, cash registers, weighing, duplicating and accounting machines
14. Manufacture of assembly of electronic data processing machinery and accessories
15. Renovation and repair of office machinery
16. Manufacture of assembly of miscellaneous office machines
17. Manufacture of rowboats, bancas, sailboats
18. Manufacture of animal drawn vehicles
19. Manufacture of children vehicles and baby carriages
20. Manufacture of laboratory and scientific instruments, barometers, chemical balance, etc.
21. Manufacture of measuring and controlling equipment, plumb bomb, rain gauge, taxi meter, thermometer, etc.
22. Manufacture or assembly of surgical, medical, dental equipment and medical furniture
23. Quick freezing and cold packaging for fish and other seafoods
24. Quick freezing and cold packaging for fruits and vegetables
25. Popcorn/rice factory
26. Manufacture of medical/surgical supplies: adhesive tapes, antiseptic dressing, sanitary napkins, surgical gauge, etc.
27. Manufacture of orthopedic and prosthetic appliances (abdominal supporter, ankle supports, arch support, artificial limb, kneecap supporters, etc.)
28. Manufacture of photographic equipment and accessories
29. Manufacture or assembly of optical instruments
30. Manufacture of eyeglasses and spectacles
31. Manufacture of optical lenses
32. Manufacture of watches and clocks
33. Manufacture of pianos
34. Manufacture of string instruments
35. Manufacture of wind and percussion instrument
36. Manufacture of assembly of electronic organs
37. Manufacture of sporting gloves and mitts
38. Manufacture of sporting balls (not of rubber or plastic)
39. Manufacture of gym and playground equipment
40. Manufacture of sporting tables (billiards, pingpong, pool)
41. Manufacture of other sporting and athletic goods.
42. Manufacture of toys and dolls excepts rubber and mold plastic
43. Manufacture of pens, pencils and other office and artist materials
44. Manufacture of umbrella and canes
45. Manufacture of buttons except plastic
46. Manufacture of brooms, brushes and fans
47. Manufacture of needles, pens, fasteners and zippers
48. Manufacture of insignia, badges and similar emblems (except metal)
49. Manufacture of signs and advertising displays (except printed)
50. Small-scale manufacture of ice cream
b. Non-Pollutive/Hazardous Industries
1. Manufacture of house furnishing
2. Text bag factories
3. Canvass bags and other canvass products factory
4. Jute bag factory
5. Manufacture of miscellaneous textile goods, embroideries and weaving apparel
6. Manufacture of fiber batting, padding and upholstery filling except choir
7. Men’s and boy’s garment factory
8. Women’s and girls’ and ladies’ garment factory
9. Manufacture of hats, gloves, handkerchief, neckwear and related clothing accessories
10. Manufacture of raincoats and waterproof outer garments except jackets
11. Manufacture of miscellaneous wearing apparel except footwear .
12. Manufacture of miscellaneous fabricated mill work
13. Manufacture of wooden and cane containers
14. Sawali, nipa and split cane factory
15. Manufacture of bamboo, rattan and other cane baskets and wares
16. Manufacture of cork products
17. Manufacture of wooden shoes, shoe lace and other similar products
18. Manufacture of miscellaneous wood products
19. Manufacture of miscellaneous furniture and fixture except primarily of metal
20. Manufacture of paper stationary, envelopes and related articles
21. Manufacture of dry ice
22. Repacking of industrial products e.g. paints, varnishes and other related products
c. Pollutive/Non-Hazardous Industries
1. Manufacture and canning of ham, bacon and native sausage
2. Poultry processing and canning
3. Large-scale manufacture of ice cream
4. Corn mill / Rice mill
5. Chocolate and cocoa factory
6. Candy factory
7. Chewing gum factory
8. Peanuts and other nuts factory
9. Other chocolate and confectionery products
10. Manufacture of flavoring extracts
11. Manufacture of food products (vinegar, vetsin)
12. Manufacture of fish meal
13. Oyster shell grading
14. Manufacture of medicinal and pharmaceutical preparations
15. Manufacture of stationary, art goods, cut stone and marble products
16. Manufacture of abrasive products
17. Manufacture of miscellaneous non-metallic mineral products
18. Manufacture of cutlery, except table flatware
19. Manufacture of hand tools
20. Manufacture of general hardware
21. Manufacture of miscellaneous cutlery hand tools and general hardware
22. Manufacture of household metal furniture
23. Manufacture of office, store and restaurant metal furniture
24. Manufacture of metal blinds, screens and shades
25. Manufacture of miscellaneous furniture and fixture primarily of metal.
26. Manufacture of fabricated structural iron and steel
27. Manufacture of architectural and ornamental metal works
28. Manufacture of boilers, tanks and other structural sheet metal works
29. Manufacture of other structural products
30. Manufacture of metal cans, boxes and containers
31. Manufacture of stamped coated and engraved metal products
32. Manufacture of fabricated wire and cable products
33. Manufacture of heating, cooking and lighting equipment except electrical
34. Sheet metal works generally manual operation
35. Manufacture of other fabricated metal products except machinery and equipment.
36. Manufacture of assembly of agricultural machinery and equipment
37. Native plow and harrow factory
38. Repair of agricultural machinery
39. Manufacture or assembly of service industry machines
40. Manufacture or assembly of elevators and escalators
41. Manufacture or assembly of sewing machines
42. Manufacture or assembly of cooking ranges
43. Manufacture or assembly of water pumps
44. Refrigeration industry
45. Manufacture or assembly of other machinery and equipment except electrical.
46. Manufacture and repair of electrical apparatus
47. Manufacture and repair of electrical cables and wires
48. Manufacture of electrical cables and wires
49. Manufacture of other electrical industrial machinery and apparatus.
50. Manufacture or assembly of electric equipment radio and television, tape recorders, stereo
51. Manufacture or assembly of radio and television transmitting, signaling and detection equipment
52. Manufacture or assembly of telephone and telegraphic equipment
53. Manufacture of other electronic equipment and apparatus
54. Manufacture of industrial and commercial electrical appliances
55. Manufacture of household cooking, heating and laundry appliances
56. Manufacture of other electrical appliances
57. Manufacture of electric lamp fixtures
d. Pollutive/Hazardous Industries
1. Flour mill
2. Cassava flour mill
3. Manufacturing of unprepared animal feeds, other grain milling.
4. Production prepared feeds for animals
5. Weaving hemp textile
6. Jute spinning and weaving
7. Manufacture of mats and mattings
8. Manufacture of cordage, rope and twine
9. Manufacture of related products from abaca, sisal, henequen, hemp, cotton, paper, etc.
10. Manufacture of linoleum and other surfaced coverings
11. Manufacture of artificial leather, oil cloth and other fabrics except rubberized
12. Manufacture of coir
13. Manufacture of miscellaneous textile,
14. Manufacture of rough lumber, unworked
15. Manufacture of worked lumber
16. Resawmills
17. Manufacture of doors, windows and sashes
18. Treating and preserving of wood
19. Manufacture of charcoal
20. Manufacture of wood and cane blinds, screens and shades
21. Manufacture of containers and boxes of paper and paper boards
22. Manufacture of miscellaneous pulp and paper products
23. Manufacture of perfumes cosmetics and other toilet preparations
24. Manufacture of waxes and polishing preparations
25. Manufacture of candles
26. Manufacture of inks
27. Tire retreating and rebuilding
28. Manufacture of industrial and moulded rubber products
29. Manufacture of plastic footwear
30. Manufacture of plastic furniture
31. Manufacture of other fabricated plastic products,
32. Manufacture of table and kitchen articles
33. Manufacture of pottery, china and earthen ware
34. Manufacture of flat glass
35. Manufacture of glass containers
36. Manufacture of miscellaneous glass and glass product
37. Manufacture of clay bricks, clay tiles and hollow clay tiles
38. Manufacture of miscellaneous structural clay products
39. Manufacture of structural concrete products
40. Manufacture of metal cutting, shaving and finishing machinery
41. Manufacture of wood working machinery
42. Manufacture of assembly, rebuilding, repairing of food and beverage making machinery
43. Manufacture, assembly, rebuilding, repairing of textile machinery and equipment
44. Manufacture, assembly, rebuilding, repairing of paper industry machinery
45. Manufacture, assembly, rebuilding, repairing of printing, trade machinery and equipment
46. Manufacture of rice mills
47. Manufacture of machines for leather and leather products
48. Manufacture of construction machinery
49. Manufacture of machine for clay, stove and glass industries
50. Manufacture, assembly, repair, rebuilding of miscellaneous special industrial machinery and equipment
51. Manufacture of dry cells, storage battery and other batteries
52. Boat building and repairing
53. Ship repairing industry, dock yards, dry dock, shipways
54. Miscellaneous shipbuilding and repairing,
55. Manufacture of locomotives and parts
56. Manufacture of railroad and street cars
57. Manufacture or assembly of automobiles, cars, buses, trucks and trailers
58. Manufacture of wood furniture including upholstered
59. Manufacture of rattan furniture including upholstered
60. Manufacture of box beds and mattresses
Section 15. Use Regulations in General Institutional (GIZ) Zone. In GI Zone, the following uses shall be allowed:
1. Government center to house national, regional or local offices in the area
2. Colleges, universities, professional business schools, vocational and trade schools, technical schools and other institutions of higher learning
3. General hospitals, medical centers, multipurpose clinics
4. Scientific, cultural and academic centers and research facilities except nuclear, radioactive, chemical and biological warfare facilities
5. Convention centers and related facilities
6. Religious structures e.g. church, seminary, convents
7. Museum
8. Embassies / consulate
9. Student housing e.g. dormitories, boarding house
Section 16. Use Regulations in Parks and Recreation Zone (PRZ). The following uses shall be allowed in Parks and Recreation Zones:
1. Parks / gardens
2. Resort areas e.g. beaches, including accessory uses
3. Open air or outdoor sports activities and support facilities, including low rise stadia, gyms, amphitheaters and swimming pools
4. Golf courses, ball courts, race tracks and similar uses
5. Memorial / Shrines monuments, kiosks and other park structures
6. Sport club
7. Underground parking structures/facilities
Section 17. Use Regulations for Agricultural Zone (AGZ). In Agricultural Zones the following uses shall be permitted:
1. Cultivation, raising and growing of staple crops such as rice corn, camote, cassava and the like
2. Growing of diversified plants and trees, such as fruit and flower bearing trees coffee, tobacco, etc.
3. Silviculture, mushroom culture, fishing and fish culture, snake culture, crocodile farm, monkey raisingand the like
4. Customary support facilities such as palay dryers and rice threshers and storage barns and warehouses
5. Ancillary dwelling units/farmhouses for tillers and laborers
6. Agricultural research and experimentation facilities such a breeding stations, fish farms, nurseries, demonstration farms, etc.
7. Pastoral activities such as goat raising and cattle fattening
8. Home occupation for the practice of one’s profession or engaging home business such as dressmaking, tailoring, baking running a sari-sari store and the like, provided that:
a. Number of persons engaged in such business/industry shall not exceed five (5), inclusive of the owner;
b. There shall be no change in the outside appearance of the building premises;
c. No home occupation shall be conducted in any customary accessory uses cited above;
d. No traffic shall be generated by such home occupation in greater volume than would normally be excepted in a residential neighborhood and any need for parking generated by the conduct of such home occupation shall be met off the street in a place other than the required front yard;
e. No equipment or process shall be used in such occupation which creates noise, vibration, glare, fumes, odor and electrical interference detectable to the normal senses and visual or audible interference in any radio or television receiver or causes fluctuation in line voltage off the premises.
9. Home industry classified as cottage industry e.g. mat weaving, pottery making, food preservation, etc. provided that:
a. Such home industry shall not occupy more than thirty (30%) of floor area of the dwelling unit. There shall be no change or alteration in the outside appearance of the dwelling unit and shall not be a hazard or nuisance;
b. Allotted capitalization shall not exceed the capitalization as set by the Department of Trade and Industry (DTI);
c. Such shall consider same provisions enumerated in letters c, d and e of Home Occupation, this section.
10. Backyard raising of livestock and fowl, provided that:
a. For swine and livestock – a maximum of 10 heads
b. For fowl – a maximum of 500 birds
Section 18. Use Regulations in Agro-Industrial Zone (AIZ). In Agri-Industrial Zones the following uses shall be permitted:
1. All uses allowed in Agriculture Zone
2. Rice /corn mills (single pass)
3. Drying, cleaning, curing and preserving of meat and its by products and derivatives
4. Drying, smoking and airing of tobacco
5. Flour mill
6. Cassava flour mill
7. Manufacture of coffee
8. Manufacture of unprepared animal feeds, other grain milling,.
9. Production of prepared feeds for animals
10. Cigar and Cigarette factory
11. Curing and redrying tobacco leaves
12. Miscellaneous processing tobacco leaves,.
13. Weaving hemp textile
14. Jute spinning and weaving
15. Manufacture of charcoal
16. Milk processing plants (manufacturing filled, reconstituted or recombined milk, condensed or evaporated)
17. Butter and cheese processing plants
18. Natural fluid milk processing (pasteurizing, homogenizing, vitaminizing, bottling of natural animal milk and cream related products)
19. Other dairy products,.
20. Canning and preserving of fruits and fruit juices
21. Canning and preserving of vegetables and vegetable juices
22. Canning and preserving of vegetables sauces
23. Miscellaneous canning and preserving of fruit and vegetable.
24. Fish canning
25. Patis factory
26. Bagoong factory
27. Processing, preserving and canning of fish and other seafoods.
28. Manufacture of desiccated coconut
29. Manufacture of starch and its products
30. Manufacture of wines from juices of local fruits
31. Vegetable oil mills, including coconut oil
32. Sugarcane milling (centrifugal and refines)
33. Sugar refining
34. Muscovado sugar mill
35. Cotton textile mill
36. Manufacture/processing of other plantation crops, e.g. pineapple, bananas, etc.
37. Other commercial handicrafts and industrial activities utilizing plant or animal and/or products as raw materials,.
38. Other accessory uses incidental to agro-industrial activities
Section 19. Use Regulations in Forest Zone (FZ). No development use, or activity shall be allowed in forest zones unless consistent with the Department of Environment and Natural Resources (DENR) development regulations for forest zones and a permit, lease or license is issued by the DENR for the following:
1. Contract reforestation with forest land management agreement [FLMA]
2. Commercial tree plantation and industrial forest plantation [ITP/IFP]
3. Integrated social forestry programs [ISF]
4. Community-based forest management
5. Reforestation compliance by forest users by temporary lease agreement
6. Reforestation compliance by pasture lease agreement
7. Ecological revolution programs [ECOVER]
Other allowable uses such as mining, infrastructure development, fishpond and resettlement purposes should be in consonance with national policies as enumerated below:
1. Mining
No extraction excavation or other mining activity shall be undertaken except in accordance with the mining code and its implementing rules and regulations.
2. Fishpond purposes
Fishing activities within the forest zone shall be undertaken pursuant to the provisions of the fisheries code and its implementing rules and regulations and the revised forestry code of the Philippines as amended.
3. Infrastructure and resettlement
Infrastructure development and resettlement undertaken within forest zones shall be consistent with the provisions of the revised forestry code of the Philippines, as amended, and subject to an environmental impact assessment, prior to the approval of such projects in order to determine their environment impacts and social acceptability.
Section 20. Use Regulations in Water Zone (WZ).
1. The utilization of the water resources for domestic and industrial use shall be allowed provided it is consonance with the development regulations of DENR, provisions of the water code and the revised forestry code of the Philippines, as amended, and provided further, that it is subjected to an environmental impact assessment prior to the approval of its use.
2. Other uses such as recreation, fishing and related activities, floatage/transportation and mining (e.g. of shore oil exploration) shall be allowed provided it is in consonance with the provisions of the water code, and the revised forestry code of the Philippines, as amended.
Such bodies of water shall include rivers, streams, lakes and seas.
Section 21. Regulations in Tourist Zone (TZ).
No tourism project or tourist related activities shall be allowed in tourist zones unless developed or undertaken in accordance with the Department Of Tourism [DOT] guidelines and standards and granted approval by the tourism estate department of dot.
ARTICLE VI
GENERAL DISTRICT REGULATION
Section 22. Development Density. Permitted density shall be based on the zones capacity to support development. There is no fixed maximum density but the density should be based on the planned absolute level of density that is intended for each concerned zone based on the comprehensive land use plan.
Section 23. Height Regulations. Building height must conform to the height restrictions and requirements of the air transportation office (ATO) as well as the requirements of the national building code, the structural code as well as all laws, ordinances, design standards, rules and regulations related to land development and building construction and the various safety codes. There is no fixed building height limits except those prescribed by the air transportation office [ATO] and other government regulations. Within these zones, building heights shall be based on the prescribed floor area ratio [FAR].
Section 24. Exemptions from Height Regulation . Exempted from the imposition of height regulations in residential zones are the following: towers, church steeples, water tanks and other utilities and such other structures not covered by the height regulations of the National Building Code and/or the Air Transportation Office.
Section 25. Area Regulations. Area regulation in all zones shall conform with the minimum requirement of the existing codes such as;
a. P.D. 957 – the “Subdivision and Condominium Buyers’ Protective Law.” and its revised implementing rules and regulations.
b. B.P. 220 – “Promulgation of Different Levels of Standards and Technical Requirements for Economic and Socialized Housing Projects” and its revised implementing rules and regulations.
c. P.D. 1096 – National Building Code
d. Fire Code
e. SANITATION CODE
f. Plumbing Code
g. STRUCTURAL CODE
h. Executive Order No. 648
i. Other relevant guidelines promulgated by the national agencies concerned.
Section 26. Road Setback Regulations. The following road setback regulations shall be applied:
ROAD SETBACK
Zoning Classification Major
Thoroughfare
30 m. & above Secondary
Road Tertiary
Road
6 m. & below
Diversion/Railways Provincial Mun. / Brgy.
Residential
Commercial
Industrial
Agriculture
Agro-Industrial
Institutional
Parks and Recreation
Forest
10 m.
20 m.
30 m.
20 m.
30 m.
20 m.
10 m.
30 m.
10 m.
20 m.
25 m.
20 m.
25 m.
20 m.
10 m.
25 m.
3 m.
7 m.
10 m.
7 m.
10 m.
10 m.
3 m.
10 m.
Section 27. Easement. Pursuant to the provisions of the water code: 1) the banks of rivers and streams and the shores of the seas and lakes throughout their entire length and within the zone of three (3) meters in urban areas; twenty (20) meters in agricultural areas and forty (40) meters in forest areas, along their margins, are subject to easement of public use in the interest of recreation, navigation, floatage, fishing and salvage.
No person shall be allowed to stay in this zone longer than what is necessary for space or recreation, navigation, floatage, fishing or salvage or to build structures of any kind.
Section 28. Buffer Regulations. A buffer of 3 meters shall be provided along entire boundary length between two or more conflicting zones allocating 1.5 meters from each side of the district boundary. Such buffer strip should be open and not encroached upon by any building or structure and should be apart of the yard or open space.
Section 29. Specific Provisions in the National Building Code. Specific provisions stipulated in the National Building Code (P.D. 1096) as amended thereto relevant to traffic generators, advertising and business signs, erection of more than one principal structure, dwelling or rear lots, access yard requirements and dwelling groups, which are not in conflict with the provisions of the Zoning Ordinance, shall be observed.
ARTICLE VII
INNOVATIVE TECHNIQUES
Section 30. Innovative Techniques or Designs. For projects that introduce flexibility and creativity in design or plan such as but not limited to Planned Unit Development, housing projects covered by New Town Development under RA 7279, BLISS Commercial Complexes, etc., the Zoning Administrator/Zoning Officer shall on grounds of innovative development techniques forward applications to HLRB for appropriate action, unless the local government units the capacity to process the same.
ARTICLE VIII
MISCELLANEOUS PROVISIONS
Section 31. Projects Of National Significance. Projects may be declared by the NEDA boards as projects of national significance pursuant to section 3 of EO 72. when a project of national significance the locational clearance shall be issues by HLRB pursuant to EO 72.
Section 32. Environmental Compliance Certificate (ECC). Notwithstanding the issuance of locational clearance under section 37 of this ordinance, no environmentally critical projects nor projects located in environmentally critical areas shall be commenced, developed or operated unless the requirements of ECC have been compiled with.
Section 33. Subdivision Projects. All owners and/or developers of subdivision projects shall in addition to securing a locational clearance under section 37 of this ordinance be required to secure a development permit pursuant to provisions of PD 957 and its implementing rules and regulations or BP 220 and its implementing rules and regulations in the case of socialized housing projects in accordance with the procedures laid down in EO 71, series of 1993.
ARTICLE IX
MITIGATING DEVICES
Section 34. Deviation. Exceptions, variances or deviations from the provisions of this Ordinance may be allowed by the Local Zoning Board of Adjustments and Appeals (LZBAA) only when the following terms and conditions are existing:
1. Variance
a. The property is unique and different from other properties in the adjacent locality and because of its uniqueness, the owner/s cannot obtain a reasonable return on the property.
This condition shall include at least 3 of the following provisions.
• Conforming to the provisions of the Ordinance will cause undue hardship on the part of the owner or occupant of the property due to physical conditions of the property (topography, shape, etc.) WHICH is not self created.
• The proposed variance is the minimum deviation necessary to permit reasonable use of the property.
• The variance will not after the physical character of the district or zone where the property for which the variance is sought is located and will not substantially or permanently injure the use of the other properties in the same district or zone.
• That the variance will not adversely affect the public health, safety or welfare.
• The variance will be in harmony with the spirit of this Ordinance.
2. Exceptions
a. The exception will not adversely affect the public health, safety and welfare and is in keeping with the general pattern of development in the community.
b. The proposed project shall support economic based activities/ provide livelihood, vital community services and facilities while at the same time posing no adverse effect on the zone/community.
c. The exception will not adversely affect the appropriate use of adjoining property in the same district.
d. The exception will not alter the essential character and general purpose of the district where the exception sought is located.
Section 35. Procedures for Granting Exceptions and Variances. The procedure for granting of exception and/or variance as follows:
1. A written application for an exception or variance shall be filled with the Local Zoning Board Of Adjustment And Appeals [LZBAA] citing the section of this Ordinance under which the same is sought and stating the ground./s thereof.
2. Upon filling of application, a visible project sign, (indicating the name and nature of the proposed project) shall be posted at the project site.
3. The Local Zoning Board Of Adjustment And Appeals shall conduct preliminary studies on the application.
4. A written affidavit of non-objection lf the project by the owners of the properties adjacent to the project shall be filled by the applicant with the LZBAA at least fifteen (15) days prior to the decision for exception/variance.
5. In case of objection, the LZBAA shall hold public hearing.
6. At the hearing, any party may appear in person, or be represented by agent/s. All interested parties shall be accorded the opportunity to be heard and present evidences and testimonies.
7. The LZBAA shall render a decision within thirty (30) days from the filing of the application, exclusive of the time spent for the preparation of written affidavit of non-objection and the public hearing in case of any objection to the granting of exception/variance.
ARTICLE X
ADMINISTRATION AND ENFORCEMENT
Section 36. Locational Clearance. All owners/developers shall secure Locational Clearance from the Zoning Administrator/Zoning Officer or in cases of variances and exemptions, from the local zoning board of adjustment and appeals (LZBAA) prior to conducting any activity or construction on their property/land.
Section 37. Building Permit. No building permit shall be issued by the local building officer without a valid locational clearance in accordance with this ordinance.
Section 38. Non-User Of Locational Clearance. Upon issuance of a locational clearance, the grantee thereof shall have one year within which to commence or undertake the use, activity or development covered by such clearance on his property. non-use of said clearance within said period shall result in its automatic expiration, cancellation and the grantee shall not proceed with his project without applying for a new clearance.
Section 39. Certificate Of Non-Conformance. A certificate of Non-Conformance shall be applied for by the owner of the structure or operator of the activity involved within six (6) months from the ratification of the zoning ordinance by the HLRB or Sangguniang Panlalawigan (SP). Failure on the part of the owner to register/apply for a Certificate of Non-Conformance shall be considered in violation of the Zoning Ordinance and is subject to fine/penalties.
Upon approval of this ordinance, the Zoning Administrator/Zoning Officer shall immediately notify owners of known existing non-conforming use to apply for a certificate of non-conformance.
Section 40. Existing Non-Conforming Uses and Buildings. The lawful uses of any building, structure or land at the time of adoption of this Ordinance may be continued, although such uses do not conform with the provision of this Ordinance, provided:
1. That no such non-conforming use shall be enlarged or extended to occupy a greater area of land than that already occupied by such use at the time of the adoption of this Ordinance or moved in whole or in part, to any other portion of the lot or parcel or land where such non-conforming use exists at the time of the adoption of this Ordinance.
2. That no such non-conforming use which has ceased operation for more than one (1) year be again revived as non-conforming activity.
3. An idle/vacant structure may not be used for non-conforming activity.
4. Than any non-conforming structure, or structures under one ownership which has been damaged maybe reconstructed and used as before provided that such reconstruction is not more than fifty percent (50%) of the replacement cost.
5. That should such non-conforming portion of structure be destroyed by any means to an extent of more than fifty percent (50%) of its replacement cost at the time of destruction, it shall not be reconstructed except in conformity with the provisions of this Ordinance.
6. That no such non-conforming structure may be moved to displace any conforming use.
7. That no such non-conforming structure may be enlarged or altered in a way which increases its non-conformity, but any structure or portion thereof may be altered to decrease its non-conformity.
8. That should such structure be moved for any reason to whatever distance, it shall thereafter conform to the regulation of the district in which it is moved or relocated.
9. The owner of a non-conforming use within the residential, institutional and commercial zones shall program the phase-out and relocation of the non-conforming use within ten (10) years from the effectivity of this ordinance.
Section 41. Responsibility for Administration and Enforcement. This Ordinance shall be enforced and administered by the Local Chief Executive through the Zoning Administrator/Zoning Officer who shall be appointed by the former in accordance with existing rules and regulations on the subject.
Section 42. Powers and Functions of a Zoning Administrator/Zoning Officer. Pursuant to the provisions of O 72 implementing RA 7160 in relation to Sec. 5, Paragraph a and d, and Section 7 of Executive Order No. 648 dated 07 February 1981 The Zoning Administrator/Zoning Officer shall perform the following functions, duties and responsibilities.
I. Enforcement
Act on all applications for locational clearances for all projects.
1. Issuance of Locational Clearance for projects conforming with zoning regulations.
2. Recommend to the Local Zoning Board Of Adjustment And Appeals (LZBAA) the grant or denial of applications for variances and exemptions and the issuance of Certificate of Non-Conformance for non-conforming projects lawfully existing at the time of the adoption of the zoning ordinance, including clearances for repairs/renovations of non-conforming uses consistent with the guidelines therefore.
A. Monitor on-going/existing projects with their respective jurisdictions and issue notices of violation and show cause order to owners, developers, or managers of projects that are violative of zoning ordinance and if necessary, pursuant to Sec. 3 of EO 72 and Sec.2 of EO 71 refer subsequent actions thereon to the HLRB.
B. Call and coordinate with the Philippine National Police for enforcement of all orders and processes issued in the implementation of this ordinance.
C. Coordinate with the Provincial Fiscal/Municipal Attorney for other legal actions/remedies relative to the foregoing.
II. Planning
A. Coordinate with the Regional Office of the HLRB regarding proposed amendments to the zoning ordinances prior to adoption by the Sangguniang Bayan.
Section 43. Action on Complaints and Oppositions. A complainant for violations of any provisions of the zoning ordinance or of any clearance or permits issued pursuant thereto shall be filed with the LZBAA.
However, oppositions to application for clearance, variance or exception shall be treated as a complaint and dealt with in accordance with the provision of this section.
Section 44. Functions and Responsibilities of the Local Zoning Board of Adjustment and Appeals. There is hereby created a LZBAA which shall perform the following functions and responsibilities:
A. Act on applications of the following nature:
1. Variances
2. Exceptions
3. Non-Conforming Uses
4. Complainants and opposition to applications
B. Act on appeals on grant or denial of locational clearance by the zoning administrator/zoning officer.
Decisions of the Local Zoning Board of Adjustment and Appeals shall be appealable to the HLRB.
Section 45. Composition of the Local Zoning Board of Adjustment and Appeals (LZBAA). the municipality development council shall create a sub-committee which shall act as the LZBAA composed of the following members:
1. Municipal Mayor as Chairman
2. Municipal Assessor
3. Municipal Engineer
4. Municipal Planning and Development Coordinator
5. Zoning Administrator.
6. Two (2) representatives of the private sector nominated by their respective organizations and confirmed by the municipal mayor. In the event of non-availability of any of the officials enumerated above, the Sangguniang Bayan/ shall elect the number of its members as may be necessary to meet the total number above set forth, as representatives.
7. Two (2) representatives from the non-government organizations, nominated by their respective organizations and confirmed by the municipal mayor.
In the event of non-availability of any of the officials enumerated above, the Sangguniang Bayan shall elect the number of its members as may be necessary to meet the total number above set forth, as representatives.
For purpose of policy coordination, said committee shall be attached to the Municipal Development Council.
Section 46. Review of the Zoning Ordinance. The Municipal Development Council shall create a sub-committee, the Local Zoning Review Committee (LZRC) that shall review the Zoning Ordinance considering the Comprehensive Land Use Plan, as the need arises, based on the following reasons/situation:
a. Change in local development plans4
b. Introduction of projects of national significance
c. Petition for rezoning
d. Other reasons which are appropriate for consideration
Section 47. Composition of the Local Zoning Review Committee (LZRC). The Local Zoning Review Committee shall be composed of the following:8
a. Municipal Planning and Development Coordinator
b. Municipal Health Officer
c. Municipal Agriculturist
d. President, Association of Barangay Captains
e. Municipal Engineer
f. Community Environment and Natural Resources Officer (CENRO)
g. Municipal Agrarian Reform Officer (MARO)
h. District School Supervisors
i. Three (3) Private Sector Representatives [ Local Chamber of Commerce, Housing Industry and Homeowner’s Association ]
j. Two (2) NGO Representatives
The members shall be appointed by the Municipal Mayor.
Section 48. Functions Of The Local Zoning Review Committee. The Local Zoning Review Committee shall have the following powers and functions:
A. Review the Zoning Ordinance for the following purposes:
1. Determine amendments or revisions necessary in the Zoning Ordinance because of changes that might have been introduced in the Comprehensive Land Use Plan.
2. Determine changes to be introduced in the Comprehensive Land Use Plan in the light of permits given, and exceptions and variances granted.
3. Identify provisions of the Ordinance difficult to enforce or are unworkable.
B. Recommend to the Sangguniang Bayan necessary legislative amendments and to the local planning and development staff the needed changes in the plan as a result of the review conducted.
C. Provide information to the HLRB that would be useful in the exercise of its functions.
Section 49. Amendments to the Zoning Ordinance. Changes in the Zoning Ordinance as a result of the review by the Local Zoning Review Committee shall be treated as an amendment, provided that any amendment to the Zoning Ordinance or provisions thereof shall be subject to public hearing and review evaluation of the Local Zoning Review Committee and shall be carried out through a resolution of three fourths (¾) vote of the Sangguniang Bayan. Said amendments shall take effect only after approval and authentication by HLRB or Sangguniang Panlalawigan.
Section 50. Violation and Penalty. Any person who violates any of the provisions of this Ordinance, shall upon conviction, be punished by a fine not exceeding P2,500.00or an imprisonment for a period not exceeding six (6) months or both at the discretion of the Court. In case of violation by a corporation, partnership or association the penalty shall be imposed upon the erring officers thereof.
Section 51. Suppletory Effect of Other Laws and Decrees. The provisions of this Ordinance shall be without prejudice to the application of other laws, presidential decrees, letter of instructions and other executive or administrative orders vesting national agencies with jurisdiction over specific land areas, which shall remain in force and effect, provided that land use decisions of the national agencies concerned shall be consistent with the Comprehensive Land Use Plan of the locality.
Article C -SALE OF THE INDIVIDUAL HOUSE AND LOTS AT THE BLISS HOUSING PROJECT IN BARANGAY SAN IGNACIO
Section 1 Policies
i. The sale of the individual housing units in the BLISS Housing Project at Barangay San Ignacio of which the Municipal Government of Gubat is the owner shall include the lot and the residential house constructed by the HUDCC thereon.
j. This ordinance does not in any way authorize the sale of the undeveloped portion of the Bliss project.
k. The hereunder selling price of the house and lot is not excessive but determined so as to reimburse the municipality of the development costs and titling.
Section 2. Scope. This ordinance shall approve the sale of the 50 units house and lots at the Bliss Housing Project at Barangay San Ignacio, Gubat, Sorsogon in accordance with the guidelines provided therein.
Section 3. Guidelines. The following shall guide the sale of the house and lot at Bliss housing Project, San Ignacio, Gubat, Sorsogon:
a. Qualified Occupants/Applicants shall be charged one Hundred (P100.00) Pesos per square meter of his/her occupied lot.
s. All qualified applicants/occupants must apply and the application shall be approved by the Municipal Mayor or his duly authorized representative.
t. A Memorandum of Agreement between the qualified occupant/applicant and the municipality shall be approved provided:
10. The qualified occupant/applicant has to select from the three schemes of transfer/sale provided hereunder:
a. 10% discount on cash sales if paid on or before thirty (30) days after approval of application as provided for in the above provision;
b. less than five (5) years installment plan with 1% interest per annum on the amortization amount divided into equal monthly installment, the payment of which shall be made on or before the 15th of every month.
c. 5 year-installment plan with 1.5% interest per annum on the amortization amount divided into equal monthly installment, the payment of which shall be made on or before the 15th of every month.
d. Late payments shall be penalized with a 25% surcharge of the amount due.
d. The qualified applicant/occupant is prohibited to sell, transfer or convey the lot and housing unit to other person except to immediate member of his family or relative up to the third degree of consanguinity.
e. The Municipal Mayor is hereby authorized to enter into contract with the buyer and shall represent the municipality in all transaction of transfer/sale of Bliss Housing Units to qualified occupants/applicants.
Section 4. Administrative Provision: After the lot shall have paid, the local Government Unit of Gubat shall cause the transfer of the individual title of the lot to the occupant.
Section 5. Penal Provision:
g. Any person(s) found violating any provision of this ordinance shall suffer the cancellation of registration and/or forfeiture of payment made or both at the discretion of the Honorable Court.
h. Non-payment of the amortization for more than six months shall cause the cancellation of the contract of sale: Provided, that the initial payments made shall be returned to the occupant whose contract has been cancelled or terminated shall evacuate the housing unit for proper disposition by the municipal government.
Article D - SALE OF THE REMAINING LOTS IN THE BLISS HOUSING PROJECT
Section 1. Scope. This ordinance shall cover the sale of the remaining lots in the BLISS Housing Project in Barangay San Ignacio, Gubat, Sorsogon, and the inclusion of a deadline provisions within which the applicant may apply for the sale and transfer of all housing units and saleable lot in the said BLISS project.
Section 2. Sizes The sizes of the areas for occupants/applicants shall not exceed 10 x 10 square meters only;
Section 3. Selling Price. The following lot process is hereby fixed and shall be collected from the sale of the respective units:
a. Lot where the multi-purpose before was erected P 90.00 per sq. m.
b. Other lots 80.00 per sq. m.
c. Lots in the vicinity of the rice field 70.00 per sq. m.
Section 4. Term of Sale. The qualified applicants may choose from any of the schemes herein provided for the sale of the lots mentioned in Section 1 hereof:
a. Ten percent (10%) discount on cash sales or payment within 30 days reckoned from the date of the application.
b. An additional one percent (1%) interest shall be charged on qualified applicants who will amortize the sale in less than five years.
c. An additional one and a half percent (1.5%) shall be added to the sale amount in case the payment is made within five years.
d. In case of sale on installment basis, the payment shall be made every month or quarterly payable within the first 20 days of the month with a grace period of five (5) days. Failure to pay the said amount shall be penalized by a surcharge of ten percent (10%) of the amount due, and a five percent (5%) interest on the surcharge per month.
Section 5. Survey Cost. Expenses for survey and other incidental expenses shall be shouldered by the applicant/occupant.
Section 6. Deadline for Submission of Applicants. The qualified persons applying for the sale and transfer of the first fifty (50) units of the Bliss Housing projects mentioned in Municipal Ordinance No. 97-001, including the lots mentioned in this ordinance, are given until October 30, 1998 to apply. Failure on their part to qualify and apply on or before the said date shall be construed to mean that the occupant/applicant is no longer interested in buying the house/lot.
Section 7. Sale to Other Person. In case the concerned individual or occupant of any of the Bliss Housing Unit or lot fails to qualify and apply on or before the date mentioned in Section 6 hereof, the house/lot shall automatically be considered vacant. The said lot shall then be offered for sale to other persons thru public announcement, broadcast or posters.
Section 8. Penalty. Any person who willfully violates this ordinance shall be fined in the amount of P2, 000.00 and shall be imprisoned for thirty (30) days in case of insolvency.
CHAPTER XIII – BUILDING AND FENCING REGULATIONS
Article A–PERMITS AND INSPECTION
Section 1. Building Permits. No person, firm or corporation, including any agency or instrumentality of the government shall erect, construct alter, repair, move, convert or demolish any building or structure or cause the same to be done without first obtaining a building permit therefore from the Building Official .
Section 2. Application for Permits. In order to obtain a building permit, the applicant shall file an application therefore in writing and on the prescribed form with the Municipal Engineer’s Office. Every application shall provide at least the following information:
a) A description of the work to be covered by the permit applied for;
b) Description and ownership of the lot on which the proposed to be done as evidenced by TCT and/or copy of the contract or lease over the the lot if applicant is not the registered owner;
c) The use or occupancy for which the proposed work is intended;
d) Estimated cost of the proposed work.
e) Five (5) sets of corresponding plans and specifications prepared duly signed and sealed by a duly licensed architect or civil engineer in the case of architectural and structural plans, by a registered mechanical engineer in case of mechanical plans, by a registered electrical engineer in case of electrical plans and by a licensed sanitary engineer or master plumber in case of plumbing or sanitary installation plans except in those cases exempted or not required.
Section 3. Processing of Building Permits. The building official shall see to it that the applicant satisfies and conforms with approved standard requirements on zoning and land use, lines and grades, structural design, sanitary and sewerage, environmental health, electrical and mechanical safety, as well as with other rules and regulations promulgated in accordance with the Building Code of the Philippines.
Section 4. Issuance of Building Permits. When satisfied that the work described in the application for building permit and the plans and specifications submitted therewith, conform to the requirements of existing rules and regulations, the building official shall, within fifteen days from payment of the required fees as provided for in the Revenue Code of the municipality, issue the building permit applied for.
Approved plans and specifications shall not be changed, modified or altered without the approval of the building official and the work shall be done strictly in accordance thereto.
Section 5. Validity of Building Permits. The issuance off building permit shall not be construed as an approval or authorization to the permitee to disregard or violate any of the provisions of this ordinance. Whenever the issuance is based on approved plans and specifications which are subsequently found defective, the building official is not precluded from requiring the permitee to effect the necessary corrections in said plans and specifications or form preventing or ordering the stoppage of any or all building operations being carried on thereunder which are in violation of this ordinance.
A building permit issued under the provisions of this ordinance shall expire and become null and void if the building or work authorized therein is not commenced within a period of one year from the date of such permit, or if the building or work so authorized is suspended or abandoned at any time after it has been commenced, for a period of 120 days.
Section 6. Non-Issuance, Suspension or Revocation of Building Permit. The building Official may order or cause the non-issuance, suspension or revocation of building permits on any or all of the following reasons or grounds:
a) Errors found in the plans and specifications;
b) Incorrect or inaccurate data or information supplied;
c) Non-compliance with the provisions of this ordinance or any other existing rules and regulations.
Section 7.Certificate of Occupancy. No building structure shall be used or occupied and no change in the existing use or occupancy classification of a building structure or portion thereof shall be made until the building official has issued a certificate of occupancy.
Article B- NUMBERING OF RESIDENTIAL, COMMERCIAL, INDUSTRIAL AND INSTITUTIONAL BUILDING
Section 1. Title. This ordinance shall be known as the House Numbering Ordinance .
Section 2. Scope. This ordinance shall cover residential, commercial, industrial and institutional building in the Municipality of Gubat, Sorsogon.
Section 3. Definition of Terms. Whenever used in this ordinance, the following shall be construed to mean:
a. Building – shall mean any independent, freestanding structure composed of one or more rooms or other spaces covered by a roof and enclosed within external walls or other dividing walls, which usually extends from the foundation to the roof.
b. Residential Buildings - shall mean those structures intended for dwelling purposes and are classified as follows:
1. Single house – a complete structures intended for one household.
2. Duplex – a structure usually intended for two households with complete living facilities for each.
3. Apartment – is a structure usually intended made of one or several entrances from the internal halls to court.
4. Accessories – a one or two- floor structure divided into three or more dwelling units each of which have its own separate entrance from the outside.
c. Commercial / Industrial buildings – those used for processing, assembling, fabricating, manufacturing or for packaging operation such as factory or plant.
d. Institutional buildings – those used for educational purposes and religious services or used for government operations.
Section 4. Stages of Implementation. The implementation of this ordinance shall be in two stages: (1) Poblacion barangays, and (2) Rural barangays.
Section 5. Implementation in the Poblacion Barangay: The implementation in the poblacion barangays , namely: Cota na Daco, Balud del Norte, Balud del Sur, Manook, Pinontingan, Paradijon, Luna- Candol and Panganiban shall be immediately mandatory.
Section 6. Implementation in the Rural Barangays. The implementation of this ordinance in the remaining barangays of the municipality other than those named as poblacion barangay shall be after the first stage is completed and upon willingness and readiness of the sanggunian barangays concerned.
Section 7. Project Implementation. The Local Chief Executive shall direct the following Offices to perform the following functions:
a. Office of the Municipal Planning and Development Office:
1. Preparation of the work plan or numbering scheme.
2. Coordination with Municipal Engineer’s Office and Barangay Council in the implementation of this ordinance.
b. Office of the Municipal Engineer:
1. Coordination with the Office of the MPDC on preparation of the work plan.
2. Installation of the plate numbers.
3. Preparation of the design, size, color of the plate numbers.
c. Office of the Municipal Treasurer:
1. Collection of service fees, for the installation of the plate numbers.
d. Barangay Council:
1. Dissemination of information to the barangay populace.
2. Coordination with the Office of the MPDC and Municipal Engineer.
3. Assist Municipal Treasurer in the collection of service charge.
Section 8. Service Charge. There is hereby imposed a fee of Fifty Pesos (P50.00) for the numbering of commercial, industrial and institutional establishment.
Section 9. Service Charge for Residential Buildings. The service fee for the numbering of residential house/buildings shall be made to cover the production cost of metal plates and according to the following schedule:
For houses made of light materials including nipa huts. P15.00
a) For houses made of sime- concrete materials. P30.00
b) Concrete residential house. P40.00
Section 10. Source of Fund. That the amount of TWO HUNDRED THOUSAND PESOS (P200, 000 .00) be appropriated to defray for the purchase of tampering machine for use in the fabrication of plate numbers to be taken from whatever local fund sources.
Section 11. Penal Provisions. Any violation or refusal on the part of the household owner, tampering of the official number or removal of the plate from where it was attached shall likewise be penalized by a fine of not less than TWO HUNDRED PESOS (P200.00) but not more than FIVE HUNDRED (P500.00) and /or imprisonment of not less than one (1) month but not more than (2) months or both upon the discretion of the Honorable Court.
CHAPTER XIV – MOTORIZED TRICYCLE OPERATION
Article A- MOTORIZED TRICYCLE OPERATOR’S PERMIT
Section 1. Scope. This ordinance shall regulate the operation of tricycles- for – hire and the grant of franchises for the operation thereof within the territorial jurisdiction of the Municipality of Gubat.
Section 2. Qualifications: Only Filipino citizens and partnership or corporations with not less than 60% Filipino equity, are qualified for the operation of tricycles- for hire service covered by this ordinance. However, no MTOP shall be granted unless the applicant is in possession of a unit/ s with valid registration papers from the Land Transportation Office.
Section 3. Definition of Terms: When used in this ordinance:
a.) A tricycles-for -hire means a motor vehicle composed of a motorcycle fitted with a single wheel sidecar or a motorcycle with a two wheel cab or a bicycle fitted with a single wheel sidecar operated to render transport services to the general public for a fee.
b.) Motorized Tricycles Operator’s Permit (MTOP) means the document granting franchises or licenses issued to a person, natural or juridical allowing him/ it to operate tricycles –for –hire over the zone or territory specified herein.
c.) A zone is a contagious land area or block where a tricycle-for-hire may operate without a fixed origin and destination.
d.) A franchise means a privilege of a public nature conferred to a holder of MTOP to provide a tricycle service in the municipality.
e.) PTOP – Pedalled Tricycle Operator’s Permit.
Section 4. Zone: The territorial jurisdiction of the Municipality of Gubat is hereby declared into one zone.
Section 5. Imposition of Fees. There shall be collected the amount as provided for n the Revenue Code of the Municipality.
Section 6. Administrative Provisions:
a) Issuance of MTOP: No tricycles-for –hire shall be operated in the Municipality of Gubat without first obtaining a Motorized Tricycle Operator’s Permit or Pedaled Tricycle Operator’s Permit from the Office of the Mayor.
b) Validity of MTOP, and Time and Manner of Payment: The MTOP shall be valid for three (3) years, renewable for the same period unless revoked /cancelled for cause. The time of payment for fees mentioned herein shall be done during the applications for a permit and other license except the annual supervision /regulation fee which shall be paid on or before September 30 of each year.
c) The PTOP shall be valid for one year and shall be renewable for the same period.
d) Surcharge: A surcharge of 25% per annum is hereby imposed for late filers.
e) Requirements For New Applicants:
1. Document showing ownership of the unit.
2. Carrier’s Insurance Bond.
3. Other documents as may be required by competent authority.
f) Requirements for renewal of MTOP:
1. Previous MTOP
2. Tax receipts / payments of previous licenses.
3. Municipal Tax Clearance.
4. Other documents as may be required by competent authority.
g) Petition / Application for Withdrawal of MTOP: An operator wishing to stop service completely, or to suspend service for more than one month, should apply in writing for such termination or suspension at the Office of the Mayor.
h) Order of Dropping: Upon payment of the application for the termination or suspension of the MTOP, the Office of the Mayor, upon payment o the corresponding fees, shall issue an order dropping the MTOP previously issued.
Section 7. Transitory Provisions: Operators of tricycles-for hire with unexpired provisional authority for MCH service issued by the LTFRB shall pay their annual supervision fee of P 40.00 at the Office of the Municipal Treasurer.
Section 8. Penalty: Any person found to have violated any provision of this ordinance shall cause the impounding of his tricycle-for –hire which shall be released only after paying the fine of P1,000.00 or upon insolvency, shall be imprisoned for not less than one month nor more than six months at the discretion of the court.
The Local PNP is hereby authorized to impound tricycles-for-hire operated in this municipality in violation of this ordinance.
Article B- WITHDRAWAL OF MTOP
Section 1. Definition of Terms. As used in this ordinance the following words and phrases shall mean:
a. Motorized Tricycle Operators Permit (MTOP) – refers to the franchise granted to an operator of a motorized tricycle in the municipality of Gubat for a renewable term of Three (3) years.
b. Un-renewed MTOP – refers to Motorized Tricycle Operators Permit (MTOP) which had not been renewed after its expiration.
c. Voluntary withdrawal – refers to the voluntary act of an operator, before expiration, which constitute as a waiver of his right and privileges previously granted upon him as a legitimate franchise holder.
d. Automatic dropping – refers to the mandatory cancellation of the franchise to operate a motorized tricycle in the municipality of Gubat, for failure to renew the same on a prescribed period.
e. Grace period – refers to the privilege within which the operator is given a prescribed period to settle and/or renew his franchise to operate.
d. New applicants – refers to motorized tricycle owners who desire to obtain a Motorized Tricycle Operators Permit (MTOP).
f. Resolution No. 51 s- 2003 – refers to the decree suspending the issuance of new Motorized Tricycle Operator’s Permit in the municipality.
Section 2. Amendment . (a) Section 39 of the Revenue Code of 1992 is hereby amended to delete Item Nos. 8 and 9 which impose fees for the application/petition for withdrawal of MTOP and Order for dropping, respectively.
.(b) Section 40 (7) is hereby amended to read as follows:“Section 40 (7) Petition/Application for withdrawal of MTOP before the expiration - (a) Any operator wishing to voluntarily withdraw, before the expiration of the MTOP should apply in writing for such termination at the Office of the Mayor. (b) In the event that the motorized tricycle has been lost, abandoned, totally destroyed, conveyed or for any analogous circumstance with no chance of recovery, the registered franchise holder shall, even before the expiration, surrender the franchise in favor of the municipality.
( c ) Section 40 (8) is hereby amended to read as follows: Automatic Dropping. (a) All operators of un-renewed MTOP’s shall be notified in writing of the status of his MTOP and shall be given fifteen (15) days upon receipt to settle the same at the Office of the Municipal Mayor. (b) Failure to renew the MTOP, after the lapse of the grace period, shall cause its automatic dropping and all the rights and privileges accorded to a holder shall be revoked;
Section 3. Addendum. (d) Section 40 (9) and (10) are hereby added to constitute as an additional Administrative Provision, to read as follows:
“(9) Franchises declared dropped on grounds set forth under the preceding Sections, shall be made open for new applicants and shall likewise be treated as an exception to Resolution No. 51 s- 2003;
(10) No new franchise shall be granted except upon authority of the Sanggunian Bayan. “
Article C- FIXING THE MINIMUM FARE FOR TRICYCLES FOR HIRE
Section 1.Minimum Fare The new minimum tricycle fare shall be fixed at Four Pesos (P4.00) within the “poblacion”, comprising of the eight (8) poblacion barangays, with boundaries on the South at Gubat South Central School and on the North at St. Anthony Academy.
Section 2.. The new minimum fare for regular tricycle passengers outside the poblacion shall be as follows:
1. Ariman P 4.00
2. Buenavista/Contod 4.00
3. Cogon 4.00
4. Carriedo 5.00
5. Beriran 4.00
6. San Ignacio proper 4.00
7. Marokbarok 5.00
8. Tabi 5.00
9. Rizal 5.00
10. Bongsaran 6.00
11. Payawin 5.00
12. Tiris 5.00
13. Bulacao 5.00
14. Jupi 6.00
15. Ogao Highway Proper 6.00/7.00
16. Paco 7.50
17. Cabigaan Purok 3/ Proper 6.00/7.00
18. Arasyang/Union 7.00/8.00
19. Bagacay 7.00
20. Villareal Proper/Boundary 7.00/7.50
21. Manapao 10.00
22. Tagaytay 10.00
23. Dita 12.00
24. Cabiguhan 12.00
25. Lapinig 15.00
Section 3. Discount Students, Senior Citizens and Persons with Disabilities shall have a minimum twenty (20%) percent discount on every route.
Section 4. Penal Provision¬ Violator of any of the provisions of this ordinance shall be fined FIVE HUNDRED (P500.00 ) PESOS for first offense; ONE THOUSAND (P1, 000.00) PESOS for second offense; ONE THOUSAND FIVE HUNDRED (P1, 500.00) PESOS for third offense, and for fourth offense, suspension of the franchise to operate a trimobile for one whole year.
In case of insolvency of the offender, the apprehending Gubat Police Officer is hereby authorized to impound the trimobile unit for two (2) days for first offense, five (5) days for second offense and seven (7) days for 3rd offense.
Article D - DISCOUNT ON PUBLIC UTILITY TRICYCLE FARE
Section 1. Scope: This ordinance shall govern the granting of 20% per centum discount on public utility tricycle fare to those registered persons with disabilities in the Municipality of Gubat, Province of Sorsogon.
Section 2. Definition Of Terms: As used in this ordinance, the following shall mean :
1. Persons with Disabilities – are those suffering from restriction or different abilities, as a result of mental, physical or sensory impairment, to perform an activity in the manner or within the range considered normal for a human being.
2. Registered Persons with Disabilities – are persons with disabilities registered with the Office of the Municipal Social Welfare and Development ( MSWD ) and duly approved by the Municipal Mayor.
Section 3. Refusal To Convey Person With Disability: It shall be unlawful for any driver of public utility tricycle to refuse to convey a passenger, together with his / her orthopedic devices or personal effects by a reason of his / her disability.
Section 4. Administrative Provision:
a. A person with disability shall register with the Municipal Social Welfare and Development Office for the issuance of an Identification Card (ID) as provided for under MC 94 – 86 of the DILG, duly approved by the Municipal Mayor.
b. The Identification Card shall be presented to the driver when boarding a public utility tricycle operating in the Municipality of Gubat.
Section 5. Penal Provision: Violation of any provision of this ordinance shall subject the offender to a fine of FIFTY (P50.00) PESOS for first offense, or seven (7) days suspension of franchise to operate a public utility tricycle; for second offense, a fine of ONE HUNDRED (P100.00) PESOS or fifteen (15) days suspension of the franchise to operate a public utility tricycle; and for third offense, a fine of ONE HUNDRED FIFTY (P150.00) PESOS or thirty (30) days suspension of the franchise to operate a public utility tricycle, or both fine and suspension of the franchise to operate a public utility tricycle for the driver and operator, respectively, at the discretion of the Municipal Mayor.
Article E- IDENTIFICATION CARD OF DRIVERS OF MOTORIZED TRICYCLES
Section 1. Identification Cards.. All drivers of motorized passenger tricycles are required to secure identification card to be placed in front of passenger seat.
b. All drivers of motorized passenger tricycle with no identification card are required to place their drivers’ license in front of passenger seat.
Section 2. Penalty . Violation of this ordinance shall subject the violator to a fine of ONE HUNDRED (P100.00) PESOS for the first offense, TWO HUNDRED (P200.00) PESOS for the second offense and confiscation of drivers license and revocation of municipal permit for the third offense.
CHAPTER XV – SEALING AND LICENSING OF WEIGHTS AND MEASURES
Article A - WEIGHTS AND MEASURES
Section 1. Definition of Terms.
a. Weights - any instrument used for weighing goods for commerce such as “bascula”, “romana”, etc.
b. Measures – any instrument used for measuring the length of consumer goods such as cloth, wire, string, etc.
c. Business – any trade or commercial activity regularly engaged in as a means of livelihood or with a view of profit, included herein are transient vendors.
d. Tampered Weights and Measures - weights and measures with broken seals which results in over or under registration of at least one weight graduation.
e. Operator - includes the owner, manager, administrator, or any other persons who operates or responsible for the operation of a business establishment or undertaking.
f. Persons – includes every natural or juridical being, susceptible of rights and obligations of being the subject of legal litigation.
g. Illegal Instruments – weights and measures that are not properly inspected , sealed, registered, or calibrated which are used in business or trade.
h. Habitual Offender - any person who violated this ordinance for more than three times.
Section 2. Regulations. a.) All operators of business establishments in the Municipality of Gubat, including transient vendors, are required to submit their weight and measuring instruments used in their business operations not later than 30 days after the approval of this ordinance and not later than the 30th day of January of such year thereafter to the Municipal Treasurer. The Municipal Treasurer or his duly designated personnel shall cause the sealing of such weighing scale and measuring instrument after proper calibration and inspection and payment of the required fees authorized under the Municipal Tax Code.
b.) When such is impractical the business operators shall request designated personnel of the municipal Treasurer to calibrate and inspect their weighing scales at their particular business establishments.
b.) Business operators engage in business, selling commodity goods requiring weights and measures shall be required to have their own weighing scales and measuring instruments
Section 3. Units of Scale. In consonance with Executive Order 292 otherwise known as the Administrative Code of the Philippines, all weighing and measuring instruments used in this ordinance shall adopt the metric system as the unit of measurement.
Section 4. Administrative Provisions. a) The Municipal Treasurer or his duly designated personnel shall cause the sealing of weighing scale and measuring instrument after proper calibration and inspection and payment of the required fees authorized under the municipal Tax Code.
b.) Newly acquired weighing scales and measuring instrument shall be submitted to the Municipal Treasurer’s Office within three days after acquisition for calibration and inspection.
c.) The Local Government Unit shall maintain a standard for weights and measurement to be calibrated, inspected and sealed yearly by the Department of Science and Technology (DOST).
d.) All weighing scales and measuring instruments must be properly installed.
e) The duly authorized personnel shall confiscate illegal instruments used in the actual sale of consumer goods.
f.) The Municipal Treasurer shall cause the release of such tampered weighing scales and measuring instrument upon proper calibration and inspection and when such is impractical, he shall confiscate and condemn the same.
g.) Mayor’s Permit and Business Permit shall be issued to operators who have previous violations, only after penalties are settled.
h.) For the purpose of monitoring compliance with this ordinance, the Municipal Treasurer or his duly authorized personnel shall conduct periodic inspection of all business establishments using scales and measurements at least once every quarter. The Municipality of Gubat, shall also provide and maintain at least one (1) “Timbangan ng Bayan” at the Public Market.
Section 6. Penal Provisions. a) Persons who use illegal instruments and violate the preceding section of this ordinance shall be fined ONE THOUSAND
(P1, 000.00) PESOS and/or be imprisoned for one month, at the discretion of the court.
b) Persons who tampered weighing scales and measuring instrument in the business operation shall be fined FIVE HUNDRED (P500.00) PESOS for the first offense and ONE THOUSAND (P1, 000.00) PESOS for the second offense and TWO THOUSAND PESOS (P2,000.00) for third offense, as compromise penalty. For habitual offenders, he/she shall be fined TWO THOUSAND FIVE HUNDRED (P2, 500.00) PESOS for every commission.
The Municipal Mayor shall automatically suspend or revoke license or permits issued to habitual offenders, without prejudice to criminal prosecution hereby prescribed.
(Section 444 (3) (iv) of RA 7160)
CHAPTER XVI –ADMINISTRATIVE COUNCILS
Article A- DISASTER MANAGEMENT PROGRAM IN THE MUNICIPALITY
Section 1. Reorganization. The Municipal Disaster Coordinating Council in the Municipality of Gubat, Sorsogon is hereby reorganized.
Section 2. Structure. The Municipal Disaster Coordinating Council shall adopt the following organizational structures, to wit:
EXECUTIVE COMMITTEE – This shall be composed of the Municipal Mayor as Chairman, a Vice Chairman, a Secretary and four (4) members.
STAFF TEAMS – Each staff team shall be composed of a Team Leader, as Assistant Team Leader and Members.
a. Security
b. Supply
c. Communication
d. Transportation
OPERATIONS TEAMS –
a. Warning
b. Evacuation
c. Mobilization and Rescue
d. Medical
e. Relief
f. Fire Brigade
g. Damage Control
Section 3. Composition. The Municipal Mayor is hereby authorized to name persons of known capability to become members of the Executive Committee and Team Leaders of the Staff Operations Teams.
Section 4. Composition of Staff and Operations Teams. The team Leaders of the Staff and Operations Teams are hereby authorized to name/designate members to the concerned teams. The respective team leaders are hereby authorized, in the exigency of the service, to assign, call, or detail employees under their command into any team that may require their expertise and assistance.
Section 5. Objectives of the Council. The MDCC shall perform its tasks under the following objective.
1. To prevent loss of life by rescue and/or removal of people and bring them to places of safety.
2. To prevent needless suffering of the people.
3. Protect property, and
4. Minimize damages during disaster and calamities.
5.
Section 6. MDCC Reactivation. The MDCC shall be automatically reactivated impending calamities and disaster as categorized hereunder according to their perceived causes:
1. Sudden natural Disaster – like floods, earthquakes, storms and typhoons, or volcanic eruptions.
2. Slow On-Sat Disaster – drought crop failure, past disease.
3. Technological Disaster – air crashes, vehicular accidents, pollution incidents, fires, explosions, nuclear accidents.
4. Man-made Disasters – war, civil strife or other conflict.
Section 7. Phases of Disaster Management – For the guidance of all the members of the MDCC and members of the respective Barangay Disaster Coordinating Councils, the phases of disaster management are hereby identified.
1. Preparedness – consists of activities designed to minimize loss of life and damage to properties, organization of the temporary removal of people and property from a threatened location and facilities timely and effective rescue, relief and rehabilitation.
2. Response – the period immediately following the sudden disaster when exceptional measures have to be taken to search and find survivors as well meet their basic needs for shelter, water, food, and medical care.
3. Rehabilitation – the operations and decisions taken after a disaster with a view to restoring a stricken community to its former living conditions, while encouraging and facilitating the necessary adjustments to the changes caused by the disaster.
4. Reconstruction – the actions taken to reestablish a community after a period of rehabilitation subsequent to a disaster. Actions would include construction of permanent housing, full restoration of services, and complete resumption of the pre-disaster state.
Section 8. Components of Disaster Preparedness – The members of the MDCC and the BDCC are encouraged to accomplish the following activities.
1. Assessing Vulnerability – survey of what particular community structure is susceptible to the impact of sudden or slow-on-sat hazards.
2. Planning – contingency plan that are agreed upon and implementable.
3. Institutional Framework - “horizontal and vertical” coordination with national and local government units including specialized agencies must insured. Who is in charge or in command at all levels must be pinpointed.
4. Information System – for slow on-sat disaster, there should consist of a formalized data collection process, an early warning and monitoring system to update the early warning information. For sudden on-sat disasters, a similar system must be in place for prediction, warning, evaluation and communication.
5. Resource Base – the requirement to meet an emergency situation will clearly depend upon the types of hazards the plan anticipates. It should cover all aspects of disaster relief, and recovery implementation. The following list indicates some of the major requirements.
Shelter communication system
Medicine logistics system
Food relief workers
Supplementary feeding clearance equipment
6. Warning System – A warning system can save many lives. A system should be planned that can be sustained if power lines and receiving stations are destroyed.
7. Public Education and Training –
a. Public education for children and adult
b. Special training for first aid, health care, paramedics, IMCH
c. Public information through mass media.
Section 9. Organizational of Barangay Disaster Coordinating Councils in the respective Barangays. For purposes of implementing a well coordinated and effective disaster management program in the municipality, the respective Sanggunian Barangays are hereby directed to organize in their level the Barangay Disaster Coordinating Council with membership structure similar to the Municipal Disaster Coordinating Council. The respective Barangay Captains shall submit a copy of their BDCC organization and membership to the MDCC Secretariat.
Section 10. Supervision over Barangay Disaster Coordinating Councils. The Municipal Disaster Coordinating Council shall supervise disaster management in the barangays. For purposes of this section, the respective Barangay Disaster Coordinating Council shall submit to the MDCC the approved contingency plans for review.
Section 11. Control and Custody of Vehicles in Times of Calamity and Disasters. For the very purpose of saving lives and/or preventing the loss of lives, the BDCC and the MDCC are hereby authorized and, with the consent of the owners, to take custody of any vehicle to implement this section.
Section 12.Termination of Membership – Any member of the MDCC may be terminated or replaced by the Chairman for cause.
Section 13.. Disaster Management Fund – The Council is hereby authorized to solicit, or generate fund from outside sources to augment existing funds of the respective.
Section 14. Sanctions Against Violations of this Ordinance. The MDCC, upon majority vote of the members of the Executive Committee and the respective Team Leaders, may sanction administratively any erring member of the MDCC and BDCC for violation of any of the provisions of this ordinance.
Article B- GENDER AND DEVELOPMENT (GAD) COUNCIL
Section 1. Title. This Ordinance shall be known as the Gender and Development Council of Gubat, hereinafter referred to the GAD Council of Gubat.
Section 2. Definition of Terms. for purposes of this ordinance, the following shall mean:
a) SEX - is the genetic and physical or biological identities of a person which indicates whether one is male or female.
b) GENDER - refers to socially learned behavior and expectations associated with the two sexes. Thus, whereas maleness and femaleness are biological facts, masculinity and femininity are culturally constructed attributes. It also refers to the socially differentiated role and characteristics attributed by a given culture to women and men. In short, all differences besides the strictly biological.
c) GENDER AND DEVELOPMENT - refers to a development approach that recognizes the unequal status between men and women and how this is generated and reflected in all aspects of our socio-economic, political, cultural and personal lives. The process of integrating gender at the level of policy making, planning and program development, implementation and management is aimed towards gender equality ultimately to achieve women's empowerment.
d) GENDER ISSUES/CONCERNS - issues, concerns and problems arising from the different roles being played by women and men, as well as those that arise from a questioning of the relationship between them.
e) GENDER RESPONSIVE PLANNING/GENDER DEVELOPMENT PLANNING - it is simply the use and integration of the Gender and Development (GAD) framework, into the entire development planning cycle. It rests on the premise that introducing gender considerations make development planning/programming more "people oriented".
f) GENDER-RESPONSIVE PROGRAMS/PROJECTS - these are programs and projects that systematically incorporate or address gender concerns.
g) GENDER AND DEVELOPMENT PLAN - is a systematically designed set of programs, projects and activities carried out by the Gender and Development Council over a given period of time to address gender issues and concerns particularly those that revolves in the women sector.
h) PRACTICAL GENDER-NEEDS - these have to do with what people need to perform their current role more easily, effectively or efficiently and they can usually be identified by people themselves; i.e. lack of resources, lack of health and education services, etc.
i) STRATEGIC GENDER-NEEDS - these are concerned with changing the subordinate (disadvantaged) position of women in society; i.e. improving educational opportunities [adult literacy classes, female teachers provided as role models, etc.], allowing women to take part in decision-making [local committee membership, participation in election, etc.], allowing equal opportunities for employment [equal pay for comparative jobs even if there is a gender division of labor].
j) WOMEN IN DEVELOPMENT - a development framework or approach which gives recognition to the distinct needs and capacities of women with considerable focus on developing strategies and action programs that will facilitate participation in the productive sector.
k) GENDER-RESPONSIVE MEDIUM-TERM PLAN - articulate the vision, mission, goals and strategies for gender equality and women's empowerment of an agency or LGU for the medium-term, usually covering three to six years.
l) GENDER MAINSTREAMING - strategy of integrating gender and development concerns and issues at all levels of government undertaking.
m) GENDER WOMEN WITH DISABILITY COMPREHENSIVE PLAN - these are programs/projects and activities that are systematically attainable based on the prevailing grievances of women with disability towards self-development, self-reliance and full participation into the mainstream of society.
Section 3. Creation Of The Gender And Development [GAD] Council. There is hereby created a Gender and Development Council in the Municipality of Gubat. The Municipal Gender and Development Council shall be headed by the Mayor as the Chairperson and co-chaired by an elected Chairperson from the representative of women NGO's in the municipality who must not be a government employee, either appointed or elected. The Co-Chairperson shall have the authority to call a meeting and preside in the absence of the Chairperson and submit for approval any and all recommendations of the members of the council to the Chairperson.
The Council shall be composed of the other following members:
a) The Chairperson of the Committee on Women and Family;
b) The Chairperson of the Committee on Ways and Means and Appropriations;
c) The SK Federation President or Representative
d) The Municipal Social Welfare and Development Officer;
e) The Municipal Health Office Representative
f) The Municipal Planning and Development Coordinator;
g) The ABC President or Representative;
h) One representative from the government sector to be appointed by the Municipal Mayor;
i) The Gender and Development [GAD] Officer;
j) Representatives of the Women Non-Government Organizations operating in the municipality, who shall constitute fifty percent (50%) of the members of a full organized GAD Council in the first year of implementation, equal number of representation from GO and NGOs will compose the fully organized GAD Council in the succeeding years;
k) Sectoral Representatives:
i. Two Representatives from the Education Sector (Public & Private)
ii. Two Representatives from the Gubat Barangay Lady Legislators League
iii. Two Representatives from the Business Sector
iv. Two Representatives from the Labor Sector
v. One Representative from the Professional Sector preferably a lady member of the Integrated Bar of the Phil.
The Municipal GAD Council shall in coordination and consultation with the different agencies of the government particularly the National Commission on the Role of Filipino Women and the National Economic and Development Authority, formulate its own Gender and Development Programs/Projects.
The Municipal GAD Council shall enlist the help/aid of the Women Non-Government Organization for assistance in the implementation of the GAD programs/projects.
Section 4. Representation Of Women Non-Government Organization In The Municipal Level. - Within a period of sixty (60) days from the start of the organization of the GAD Council, the Women Non-government Organizations (WNGO's) accredited by the local Sanggunian Bayan shall choose from among themselves their representation in the said council.
Section 5.Secretariat. - There is hereby constituted for each Gender and Development Council a Secretariat, the composition of which shall be determined by the GAD Council. It shall be responsible for providing technical support, documentation of proceedings, preparation of reports and other assistance as may be required in the discharge of its functions. The GAD Council may avail of the services of any non-governmental organization or educational or research institution for this purpose.
Section 6.Powers And Duties Of The Gad Council - For the proper implementation of the GAD plans and to ensure the promotion of the welfare of the women sector, the GAD Council shall exercise and perform the following powers and duties:
a) Formulate long term, medium term and annual integrated gender and development plans and policies;
b) Submit or develop a comprehensive developmental program responsive to the needs and situation of the women sector of the municipality;
c) Identify the problem confronting the women sector and formulate programs, projects and activities (PPA) that will uplift their condition;
d) Monitor and evaluate the implementation of national or local GAD programs and projects;
e) Promote and support the establishment of consultative mechanism which shall provide for a continuing dialogue between the local government unit and the women sector;
f) Maintain and update a data bank through the conduct of primary and secondary data gathering activities;
g) Determine the existing gender issues and dimensions and extent of the gender issues within the municipality;
h) Prioritize the identified issues and draw up the objectives, targets, and strategies address to the GAD Council as well as estimate the resources needed;
i) Conduct seminars on gender sensitivity and gender responsive planning;
j) Perform such other functions and exercise such other powers as may be provided by law or competent authority.
k) Require the LGU's Human Resource Unit to look into the situation of women and men within the municipality, and to review the policies and practices in relation to hiring, training, promotion and retirement to eliminate gender biases therein.
l) Ensure that GAD activities of the LGU are replicated in the barangay level.
m) Establish linkages with the National Commission on the Role of Filipino Women (NCRFW) and attend the Annual GAD Council Assemblies to assess performance and to learn from others' experiences.
Section 7.Meeting And Quorum. The GAD Council shall meet once a month or as often as may be necessary. When both chairpersons are present, the Municipal Mayor, as a matter of protocol, shall be given preference to preside over the meeting. Fifty percent (50%) plus one (1) constitutes a quorum of the council.
The Chairperson or the Co-Chairperson may call a special meeting at any time as the exigencies of the program may require.
Section 8.Women's Month. - The celebration of the Women's Month shall be held every 8th day of March. A mandatory non-working holiday shall be declared in public office/s of the local government unit for the celebration of the women's month, to which an amount shall be appropriated necessary and sufficient to cover the expenses which shall be incurred by reason thereof subject to the existing government accounting rules.
Section 9.Executive Committee. - Each GAD Council shall create an executive committee to represent it and act in its behalf when it is not in session. The composition of the executive committee shall be as follows:
a) The executive committee of the municipal Gender and Development Council shall be composed of the Municipal Mayor and its Co-Chairperson, Chairperson of the Committee on Women and Family, Chairperson of the Committee on Ways and Means and Appropriations, the Municipal Social Welfare and Development Officer, GAD Officer, the chosen representative of the Municipal Mayor and four (4) representatives of women non-government organizations/people's organizations represented in the council, as members;
b) The Executive Committee shall exercise the following powers and duties:
i. Ensure that the decision of the council are faithfully carried out and implemented.
ii. Act on matters requiring immediate attention or action by the council.
iii. Formulate policies, plans and programs based on the general principles laid down by the council.
iv. Act on other matters that may be authorized by the council.
v. All decisions of the council should be decided by the majority vote of the members of the executive committee.
vi. Integrate and monitor the GAD plans.
vii. Form functional committees to assist the GAD Council in the performance of their functions.
viii. Create and organize a core group of GAD advocates or GAD focal points to steer and oversee gender mainstreaming in the GAD plan.
ix. To exercise such other powers and duties as the law may provide necessary in the proper implementation of the programs.
Section 10. Relation Of Gad Council To The Local Sanggunian Bayan And The Regional/National Focal Point Agency. The policies, programs and projects proposed by the GAD Council shall be submitted to the Sanggunian concerned for its approval and/or its ratification. The integrated GAD plans may be linked with the whole development plan of the municipality. The approved GAD plans will be submitted to the NCRFW (National Commission on the Role of Filipino Women) to get assistance in determining the kind of technical assistance needed in implementing the GAD plans.
Section 11. Sectoral And Functional Committee. - The GAD Council may form sectoral and functional committees to assist them in the performance of their functions.
Section 12. GAD Budget. The GAD budget may be used for the following budget items:
a) Personnel Services, for example, the salaries of workers directly engaged in GAD programs, projects and activities;
b) Maintenance and other operating expenses for the cost of managing women's shelter, women's health projects, training of women in non-traditional occupations, and training of field workers in GAD, among others;
c) Capital outlay such as building of and providing equipment for women's shelter and training centers for women.
The Accounting/Budget Offices shall furnish the various GAD council information on the financial resources and budgetary allocations applicable to its respective jurisdiction to guide them in their planning functions. Particularly, 5% of the general appropriations for the year shall be allocated annually for the programs and projects strictly of the GAD Council in accordance with the implementing guidelines as stated below:
d) The annual GAD budget shall give priority to the following:
i. Education and Human Resource Development
ii. Health, Nutrition and Family Planning
iii. Social Welfare and Community Development
iv. Labor, Livelihood and Employment
v. Special Concerns (e.g. Women and Migration, Prostitution, Violence Against Women, Women and Family, and Indigenous Cultural Communities)
e) The minimum five percent (5%) GAD fund shall be used for the following purpose/s:
i. GENDER MAINSTREAMING (GM). - It is the integration of gender concerns in the development agenda in order to address gender inequalities. Some indicators of this process are a s follows:
a. Situation analysis which identifies (1) differences or similarities in women's and men's condition; (2) practical gender needs; (3) strategic gender needs and (4) potential and constraints to women's ability to participate in and benefit from Programs, Projects and Activity (PPA);
b. Determines gender goals and strategies and sets targets for women's empowerment towards reducing gender inequality;
c. Activities aim to include both men and women; and where needed, new activities for women are designed;
d. Budgets must be allocated for gender-related activities, with respect to priority thrusts in relation to practical gender needs particularly of women and in consideration of the over-all municipal women development plan;
e. Conducting seminars or gender sensitivity and gender-responsive planning.
ii. SETTING UP OF GAD FOCAL POINTS AND INSTITUTIONAL MECHANISM. Includes the creation and strengthening of agency mechanisms such as Focal Points, Technical Working Groups, and trainor's pool tasked to guarantee that GAD concerns are recognized and addressed which include the following:
a. ADVOCACY AND TRAINING. These are activities that develop awareness and support for GAD, equip development workers with skills required for gender mainstreaming, and sustain interest and concern for gender issues and gender focused undertakings.
b. PROGRAM PLANNING. These are activities that provide planners with skills, guidelines and instruments to ensure that gender-responsive programs and projects are drafted and implemented.
iii. WOMEN-SPECIFIC (WS) PROGRAMS/PROJECTS AND ACTIVITIES (PPA). These are activities intended to directly benefit women, including those that improve their access to basic services, such as the following:
a. Women's health and safe motherhood programs and projects;
b. Skills training for women;
c. Crisis center for women;
d. Training women in non-traditional trades;
e. Provision of technical (i.e. providing gender neutral textbooks) and financial resources for women;
f. Mobilization and organization of women;
g. Counseling and therapy for women.
Section 13. GAD Officer. The necessity to employ the services of an academically prepared and competent GAD OFFICER is a must. Hence, no person shall be appointed as GAD Officer unless he/she is a citizen of the Philippines, a resident of the municipality concerned, of good moral character, a holder of a college degree from a reputable college or university, and first grade civil service eligible or its equivalent.
The GAD Officer shall:
a) Manage, organize and administer the affairs of the GAD Council;
b) Formulate plans, objectives and measure together with the members of the GAD Council particularly those which have to do with the GAD programs/plan management related programs, the end results of which would contribute to the accomplishment of the mission or the goals of the program;
c) Collect data and set information to guide the GAD Council;
d) Supervise and monitor all GAD activities;
e) Organize the GAD Secretariat Office;
f) Appoint qualified individuals to positions that may arise from the creation of the GAD Secretariat Office with the approval of the Municipal Mayor;
g) Perform such other functions as the council may provide.
The GAD Officer shall be appointed by the Mayor based on the aforementioned qualifications and shall receive such remuneration equivalent to salary grade 20.
Article C - MUNICIPAL IMPLEMENTING UNIT (MIU)
ON LITERACY PROGRAM
Section 1. Title. This ordinance shall be known as the Municipal Implementing Unit (MIU) on Literacy Program of the Municipality of Gubat, Sorsogon, otherwise known as the “MIU”.
Section 2. Declaration of Policy and Principle of the Local Government Unit of Gubat. It is the policy of the Local Government Unit of Gubat, Sorsogon to give the highest priority to the adoption of measures for the total eradication of illiteracy. For this purpose, it shall encourage and rationalize the formulation of policies and the implementation of programs on non-formal and indigenous learning systems.
Section 3.Definition of Terms.. As used in this ordinance, the following term shall mean:
1. Non-formal/indigenous learning system – literacy cum livelihood program, which will address to the needs of the high school undergraduates and those who have not reached even the elementary level aging 15 years and above.
Section 4.Composition. The following shall compose the MIU:
Municipal Mayor/Representative - Chairman
Public School District Supervisor (North) - Co-Chairman
Public School District Supervisor (South) - Co-Chairman
NFE Coordinator (North) - Vice-Chairman
NFE Coordinator (South) - Vice-Chairman
Mun. Planning and Development Coordinator - Member
Mun. Government Operations Officer - Member
Mun. Social Welfare and Development Officer - Member
SB Chairman, Com. On Education - Member
Rep. from the Instructional Management (IM) - Member
Section 5. Secretariat – There shall be a Secretariat, the composition and functions of which shall be determined by the MIU.
Section 6. Functions. The MIU has the following functions:
a. Research, planning, management of the implementation, monitoring, evaluation, advocacy/social mobilization, resource generation and institutionalization of municipality-initiated programs and projects;
b. Provision of technical advice and guidance to barangays that seek assistance on planning and implementation of programs and projects at the barangay level, specifically: research and development, project identification, proposal preparation, management, implementation, monitoring, evaluation, advocacy/social mobilization, networking and resource generation;
c. Review and assessment of progress of program and projects being implemented on a municipality-wide level as well as barangay-based programs and projects;
d. Generation and synthesis of feedback, insights and lessons learned from municipality-based programs and projects, for transmittal to the Provincial PIU, RLCC and the LCC as inputs to national/regional/provincial policy directions and strategy formulation;
e. Management of funds of municipality-wide projects;
f. Resource generation, fund sourcing and facilities acquisition for municipal programs and projects;
g. Planning and actual conduct of appropriate advocacy, social mobilization, networking and linkaging to ensure awareness, acceptance and support by various public and targets of the programs and projects;
h. Development of a municipal database on literacy and continuing education.
i. The functions of the MIU as defined under Article IV, Section 1 shall be limited to literacy related programs/activities.
Section 7. Implementing Rules. The MIU, through an Administrative Order, shall promulgate the Implementing Rules and Regulations for the information, guidance and compliance of all concerned parties.
Section 8. Funding Sources. The Local Government Unit shall initially allocate the amount of P100, 000.00 from the 20% Development Fund for the Year 2003. The succeeding budget shall be based on the MIU budget proposal duly approved by the Local Chief Executive.
Section 9. Other Sources. The Local Government Unit may initiate appropriate resource generation schemes and identify possible funding sources with the approval of the Sangguniang Bayan. This includes the following sources:
a. National Government Assistance
b. Fund Raising Activities
c. Grants-in-Aid
Section 10. All proceeds in connection with the preceding sources shall be declared as trust fund.
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Article D – COUNCIL FOR THE WELFARE OF CHILDREN
Section 1 Creation. The Council for the Welfare of Children is hereby created.
Section 2. Composition The council shall be composed of permanent representative from the following offices:
h) Municipal Mayor - Chairman
i) Municipal Vice Mayor - Vice-Chairman
j) Municipal Children’s Welfare Desk - Member
k) MSWDO - Member
l) Municipal Health Office - Member
m) Philippine National Police - Member
n) Chairman, SB Com. On Women and
Family - Member
Section 3. Functions. The Council for the Welfare of Children shall become the consultative-assembly of the Municipal Children’s Welfare Desk for its periodic planning and programming, assessment, and evaluation. It shall act as a regulatory body for the operations of all existing programs and projects designed for children. It shall involve in all the process related to the refinement of the implementing rules and guidelines of the Ordinance.
Article E– COUNCIL FOR THE CULTURE AND THE ARTS
Section 1 Creation. The Council for the Culture and the Arts is hereby created.
Section 2. Composition The council shall be composed of the following offices:
1. Office of the Mayor - Chairman
2. Office of the Vice Mayor - Vice-Chairman
3. Office of the Sangguniang Bayan- Member
4. Mun Administrator’s Office - Member
5. GNHS - Member
6. GSD - Member
7. GND - Member
8. MPDO - Member
ii. Gubat Cultural Committee - Member
Section 3. Functions. The Council for the Culture and the Arts shall be for the preservation and promotion of culture in the municipality.
Article F – COUNCIL FOR THE ELDERLY
Section 1 Creation. The Council for the Elderly is hereby created.
Section 2. Composition The council shall be composed of permanent representative from the following offices:
1. Municipal Mayor - Chairman
2. Municipal Vice Mayor - Vice-Chairman
3. MSWDO - Member
4. Municipal Health Office - Member
5. Philippine National Police - Member
Section 3. Functions. The Council for the Elderly shall formulate policies and adopt measures mutually beneficial to the elderly and the community; provide incentives for NGOs and, subject to availability of funds, appropriate funds to support programs and projects for the benefit of the elderly..
Article G- SPECIAL COMMITTEE ON FOOD SECURITY
AND POVERTY ALLEVIATION
Section 1. Creation of the Committee There is hereby created in the Sanggunian Bayan a Special Committee on Food Security with general supervision on all programs implemented in this municipality, and all matters related therein.
Section 2. Composition. The Sangguniang Bayan, through a resolution created for the purpose, shall nominate and elect from among themselves who shall become members of the Committee.
CHAPTER XVII –PUBLIC ORDER AND SAFETY
Article A– ENFORCEMENT
Section 1. Enforcement of Ordinances. It shall be the duty of the Philippine National Police (PNP) and all other persons lawfully equipped with arrest authority to enforce the ordinances and to arrest all persons violating the same.
Section 2. Administrative Sanctions. Enforcers of ordinances who are negligent in the performance of their duties, functions and responsibilities or willfully fail to enforce the ordinance shall be charged administratively without prejudice to filing criminal actions against them.
Section 3. Resisting Arrest. No person shall resist arrest by any member of the Philippine National Police in the discharge of his duty, or in any way interfere with, hinder or prevent him from discharging his duty as such member, or to assist any person to escape or attempt to escape from any person in custody.
Section 4. Penalty Any person found violating the provision of Section 3 hereof shall be penalized by a fine of two thousand five hundred (P2, 500.00) pesos or an imprisonment of not more than six (6) months, or both, at the discretion of the court.
Article B– EMPLOYMENT OF LIFEGUARDS
Section 1.Lifeguard Requirement. The following are required to employ lifeguards to protect the safety of bathers and swimmers in local beaches and pools:
a) Rizal beach Resort/Hotel 1 Lifeguard
b) Veramaris Resort/Restaurant 1 Lifeguard
c) Rizal Beach Cottage Owners Association 2 Lifeguards
d) Future Beach Resort/Hotels should have one (1) lifeguard each
e) Other local beach cottage owners association should have at least one (1)
Employed lifeguard.
Section 2.Penalty. Any Operator, Manager, Lessee or Association Officials of beach Resorts, Hotel or cottage associations found violating the provision of this ordinance shall be penalized by a fine of TWO THOUSAND FIVE HUNDRED (P2, 500.00) PESOS or an imprisonment of six (6) months, or both, at the
discretion of the court.
Article C- PUBLIC SAFETY DURING LOCAL CELEBRATIONS
Section 1. Responsibility for Public Safety. Public safety shall be the primary responsibility of the Municipal Mayor, the Chief of Police, the Municipal Engineer, the Municipal Fire Marshall, the Market Supervisor, Municipal Health Officer and the celebration organizers. As such, these are their roles and responsibilities:
a) The Municipal Mayor -
a.1 Shall require the celebration organizers to submit a detailed action plan for the local celebration before issuing the required permit;
a.2 Shall coordinate the activities of all sectors involved in the planning, preparation and conduct of local celebrations; and
a.3 Shall ensure that the provisions of this Ordinance are effectively disseminated and implemented by all concerned.
b) The Municipal Engineer -
b.1 Clear the sidewalks of obstructions;
b.2 Supervise proper placement of streamers, bunting and other materials installed on alleys and roadways;
b.3 Review of design of floats, flatforms, towers, stages, pagodas to ensure structural soundness and safety; enforcement of maximum load capacities;
b.4 Monitor on electrical installations and other makeshift connection for lighting and sound system;
b.5 Ensure that installation for electrical wirings for floats, platform, tower stages, street lights and sound system is supervised by a licensed electricians to ensure that no incidents of electrical shocks or fires will occur;
b.6 Ensure that Combustible decorative materials shall not be combined with electrical bulbs, nor balloons be inflated or used as decorations near electric light bulbs or lighted candles.
c) The Municipal Fire Marshall -
c.1 Ensure that fire truck and other fire fighting equipment shall be on full alert status during the celebration;
c.2 Regulate the use of firecrackers during celebrations.
d) The Municipal Police Chief -
d.1 Install appropriate traffic signs and strict enforcement of traffic ordinance;
d.2 Field crowd control personnel or marshal to avoid criminal incidence of panic and stampedes during shows and exhibitions;
d.3 Assign police personnel to be on the lookout for criminal elements, such as pickpockets, drug pushers/users, gyps, etc.;
d.4 Designate place/s where pyrotechnics materials will be exploded during celebrations;
d.5 Prevent persons handling firecrackers to board floats participating in the parades.
e) The Market Supervisor -
e.1 Recommend the proper flow of vehicles including the alternative routes and parking areas within the market premises.
e.2 Recommend to the Municipal Mayor the place of “saud” if so affected by local celebration.
The Municipal Health Office -
f.1 Assign medical stations in properly designated places in the locality of celebrations;
f.2 Field first aid teams/personnel knowledgeable on the application of cardio-pulmonary resuscitation (CPR) and similar techniques including the application of first aid to take care of fractures and wounds;
f.3 Assign medical vehicles to transport accident victims from accident site to designated station, health clinics, centers of nearest hospitals;
f.4 Supervise local sanitary inspector of makeshift/temporary eating places, e.g., carenderias, “turo-turo” catering to the people;
f) The Chairman of the Celebration/Festival Organizers -
g.1 Prepare a detailed action plan for the local celebrations and same shall be submitted to the Office of the Mayor and copy furnished all agencies and individual concerned;
g.2 Coordinate closely with the Mayor and the Police Chief before and during the local celebrations;
g.3 Designate marshal to guarantee safety and orderliness during parades, processions and similar activities;
g.4 Ensure that all safety precautions as contained in this ordinance are strictly observed in the planning, preparation and actual conduct of local celebrations.
g.5 Provide latrines/portable restroom, including garbage and trash receptacles, on strategic places in the locality;
Section 2. Issuance of Permit. Any individual, group or organization intending to hold any local celebration shall secure a permit from the Office of the Mayor at least fifteen (15) days before the actual conduct of the affair. The request for issuance of a permit shall be accompanied by a detailed action plan for the celebration.
Section 3. Administrative Provisions. The Municipal Engineer, Municipal Fire Marshal, Municipal Police Chief, Market Supervisor and the Municipal Health Officer may formulate guidelines necessary for the proper and effective implementation of the provisions stated herein subject to the approval of the Municipal Mayor.
If the offender is a government official or employee, he/she shall be subject to the Civil Service Rules and other administrative issuances and applicable policies .
Section 5. Penalty. Any person, he be the Chairman or the President of any group or organization, who shall violate this ordinance shall be punished with a fine not exceeding Two Thousand Five Hundred (P2, 500.00) Pesos or an imprisonment for a period not exceeding six (6) months, or both such fine and imprisonment at the discretion of the court.
Article D – DEADLY WEAPONS
Section 1. Prohibition. No person shall carry outside his home or its immediate premises any bladed or sharp-pointed instrument such as dagger, bolo, kris, spear, ice pick, sling shot, blow gun, or other instrument which use darts or pointed metals or sticks for arrows or shafts, known as “pana”, capable of causing injury or death unless the same is used in connection with his occupation, business or for lawful purposes.
Section 2. Exemption. Exempted from the foregoing prohibition are persons whose occupation require the use of bladed weapons, or where such weapons, as provided for in the preceding section are used for exhibition purposes on special occasions as part of a cutstom or ceremonial dress.
Section 3. Penalty. Any person found violating the provision of this ordinance shall be penalized by a fine of two thousand five hundred (P2, 500.00) pesos or an imprisonment of not more than six (6) months, or both, at the discretion of the court.
Article E– USE OF PUBLIC ROAD
Section 1. Prohibited Games. No person shall fly a kite play or participate in any game or indulge in any conduct in any public street or place that annoy persons, pose danger to lives and limbs or frighten animals passing or being transported in such public street or place or upon adjacent premises.
Section 2. Speed Impediments on Public Roads. No person shall place any obstruction, obstacles or speed impediments on any street, alley, sidewalks and other passageways in the public market and other public places.
Section 3. Use of Sidewalks. Street sidewalks shall not be used for any purpose other than being used as a passageway for pedestrians.
Section 4. Passengers on Moving Vehicles. No person shall allow passengers of moving vehicles from hanging on sides, running boards, rear overhanging baggage carrier and top load carriers of any vehicle under his control.
Section 5. Excavation on Public Places. No excavation or digging on any public place shall be undertaken by any person or entity without the written authority or permission from the Municipal Mayor on municipal and barangay roads or streets; the Provincial Governor, on provincial roads, and the DPWH, on national roads, bridges and highways.
Section 6. Streamers or “Baderitas” No person shall hang streamers or “banderitas” across public streets , roads or thoroughfares below fourteen (14) feet above the road and upon issuance of the necessary Mayors’ Permit.
Section 7. Riding Bicycles. No child below ten (10) years old shall be allowed to ride alone on public roads, streets and other thoroughfares.
Article F- CONSTRUCTION OF HUMPS
Section 1. Construction of humps or placing of protuberances.
a) The Municipal Government shall construct humps or place protuberances along municipal streets inside the poblacion.
c) Other than the Municipal Government, no person, natural or juridical, shall construct any kind of hump or mound, or place any kind of protuberance in any municipal and barangay roads/streets without the necessary permit from the Municipal Mayor.
Section 2. Administrative Provision –
a. The Office of the Municipal Engineer shall execute the construction of the said humps with due consultation with the Punong Barangay concerned with respect to location.
b. Any person, natural or juridical, desiring to construct humps or any kind of protuberances in any municipal, barangay roads/streets or alleys shall file a written application for the purpose at the Office of the Municipal Mayor.
c) Upon receipt of the application, the Municipal Engineer shall coordinate with the Traffic Management Unit of the Philippine National Police to discuss the merits of the application and thereafter submit their recommendation to the Municipal Mayor for approval.
d) No permit shall be issued without the written endorsement and recommendation of both the Municipal Engineer and the Chief or Officer-in-Charge of the Traffic Management Unit.
Section 3. Rules and Regulations -
a) Construction of humps, mounds, or the placing of any protuberance across municipal and barangay roads/streets or alleys shall be done according to the following specifications:
Width: 14 inches
Height: 2 inches
b) The length of the humps shall comprise the entire width of the road/street.
c) Humps shall be constructed at an interval distance of at least fifty meters (50 m.) or more from any protuberance, except on Bonifacio St., Quezon St., and Burgos St., in which case the interval distance should be at least one hundred (100 m.) meters or more from the next protuberance.
d) Near public and private schools, humps shall be constructed five meters before the street intersection leading to the main gate of the school, or five meters before and after the main gate along a street.
e) All humps constructed should be painted diagonally with yellow color at a width of five inches and at five inches interval.
e) The Municipal Engineer is hereby given the authority to demolish and/or remove any hump or protuberances constructed or placed on any public road/street or alley unlawfully and without the proper permit from the Office of the Municipal Mayor.
Section 4. Transitory Provision -
The Office of the Municipal Engineer, and the Traffic Management Unit of the Local Philippine National Police are hereby authorized to demolish any hump or protuberance already constructed prior to the passage of this ordinance.
Section 5. Penalty Provision – Violator of any provision of this ordinance shall be penalized with a fine of not less than Three Hundred (P300.00) Pesos but not more than One Thousand (P1, 000.00) Pesos or an imprisonment of not less than ten (10) days but not more than four (4) months, or both fine and imprisonment at the discretion of the court.
CHAPTER XVIII –PUBLIC UTILITIES
Article A - HIRING OF MUNICIPAL GARBAGE TRUCK.
Section 1 Garbage Truck/Compactor. That private individual shall be allowed to hire municipal garbage truck whenever it is available and not being used by garbage collectors for their regular work.
Section 2. Rental . The fees imposed herein shall be the same as those imposed I the Revenue Code of Gubat Sorsogon.
Article B - USE OF ENCINAS PAVILION AND
GUBAT MULTI-PURPOSE GYMNASIUM
Section 1. Regulation. This ordinance shall regulate the use of Encinas Pavilion and the Gubat Multi-purpose Gymnasium and fixing the fees therein.
Section 2. Imposition of Fees. The fees imposed herein shall be the same as those imposed I the Revenue Code of Gubat Sorsogon.
Section 3. Prohibition. It is strictly prohibited to use or utilize the Encinas Pavilion for drying of abaka, copra, palay, Pili nuts, washed clothes, beddings, sack and others of such kind.
Section 4. Administrative Provision.
1. There shall be a written application submitted to the office of the Mayor, specifying therein the date and purpose of the activity. Upon approval of the application by the Honorable Mayor or his authorized representative, a permit shall be issued to the applicant:
2. It shall be the responsibility of the applicant to pay for any damages to permanent structures and fixtures, if any, during occupancy;
3. It shall be strictly prohibited to use the Encinas Pavilion for drying or palay, abaca, pilinuts, washed clothes, beddings or any other related items.
Section 5. Penal Provision.
Violation of any provision of this ordinance shall subject the offender to a fine of not less than ONE THOUSAND (P1, 000.00) PESOS but not more than TWO THOUSAND (P2, 000.00) PESOS or an imprisonment of not less than one (1) month but not exceeding three (3) months or both fine and imprisonment at the discretion of the court. Provided, that any applicant shall be charged at cost for the repair and restoration of the same.
Article C - DANGKALAN BEACH RESORT
Section 1. Purpose. This ordinance shall prescribe the terms and conditions under which the Dangkalan Beach Resort located in Barangay Panganiban, this municipality, may be leased, managed, operated, and maintained.
Section 2. Management and Operation of the Facility. The management of the above facility shall be in accordance with the following policies:
a) The facility shall be used only for tourism-related activities and other functions such as conferences, meetings, social gatherings and the like, and other lawful activities;
b) It shall not be used for lodging purposes or as sleeping quarters for tourists or visitors;
c) The Municipal Mayor shall appoint, in a concurrent capacity, an Administrator who shall be directly responsible for the project;
d) The Municipal Mayor shall also appoint the manpower complement needed in the operation of the facility; Provided, however, that in case the facility is leased, the services of the manpower complement shall be terminated.
e) The municipality as well as the Philippine Tourism Authority shall have free access to the facility anytime and shall be free from any fee or charges for its use for official functions; Provided, however, that in case the municipality decides to use such facility for official functions, the lessee shall be informed in writing at least a week before said official activity;
f) Whatever rental or any amount which accrue from the operation thereto shall be kept in a trust fund for future improvement of the facility.
g) Any expenditure from the said trust fund shall be in accordance with accounting and auditing rules and regulations.
Section 3. Functions of the Administrator. The Administrator shall perform the following functions:
a) Formulate plans and budgetary proposals regarding the operation of the facility subject to the approval of the Municipal Mayor;
b) Implement any approved plan including the staffing, directing, coordinating and reporting relative thereto;
c) In the event that the facility shall be leased in accordance with the succeeding section, evaluate and act upon any submitted project proposal in coordination with the appropriate local department head or other knowledgeable local officials or employees;
d) Provide the lessee with technical assistance to ensure that the facility is maintained and operated properly.
e) Ensure that the terms and conditions of this ordinance are religiously observed during the operation of the facility
f) He shall assist the lessee in the negotiation with landowners for the purpose of providing the facility with access road.
Section 4. Lease. In case the municipality assigns or permits the lease of the facility to any private person or entity, the following policies shall guide such lease:
a) The lease shall be subject to the authority as provided for in Section 477, (2) (v) of RA 7160 which provides “Appropriate funds for the construction and maintenance or the rental of buildings for the use of the municipality and, upon the majority vote of all the members of the sanggunian bayan, authorize the municipal mayor to lease to private parties such public buildings held in a proprietary capacity, subject to existing laws, rules and regulations;
b) An applicant who wishes to operate the facility shall submit a project proposal which shall contain the following:
i. Name of the Applicant
ii. Address
iii. Name of business partners, if any
iv. Capitalization
v. Proposed Services and amenities
vi. Proposed manpower complement
vii. Proposed fees and charges
viii. Projected Income Statement for at least 3 years
c) The lease shall be for a period of three (3) years and renewable every two (2) years thereafter.
d) The lessee shall not sublease the facility or any part thereof to any other person;
e) The lease shall provide for the payment of monthly or annual rent to the municipality by the lessee as the parties may agree upon.
f) The Lease Contract may be terminated any time by any of the parties for any violation of the contract; Provided, however, that the termination shall take effect after two (2) months and only after both parties have not reached an amicable settlement of any dispute that may arise thereto.
g) Ensure that the prevailing rates or fees charged by the lessee in connection with the operation of the facility are reasonable.
Section 5. Conservation and Maintenance. The conservation and maintenance of the facility shall be subject to the Memorandum of Agreement (MOA) between the LGU and the Philippine Tourism Authority (PTA) and other conditions as lawful authorities may impose.
Section 6. Transitory Provision.
a) The first lessee of the facility shall be responsible for the installation of water and electrical connections, the cost thereto shall be deductible from the monthly or annual rental for the use thereof until the cost has been fully recovered; Provided, however, that the connection shall be in the name of the municipality.
ARTICLE D- PUBLIC CEMETERY REGULATIONS
Section 1. Place of Burial. Except in such cases as may be allowed, it shall be unlawful for any person to bury or inter , or cause to be buried or interred, either temporary or permanently, any dead or human remains in any place other than the municipal cemetery located in Barangay Ariman, or cemeteries established by law or ordinance.
Section 2. Death Certificate. A dead or human remains shall not be buried without a death certificate issued by the attending physician and registered in the Municipal Civil Registry Office.
Section 3. Burial Permit. Aside from the Death Certificate, no dead person or human remains shall be permitted to be buried in the Gubat Public Cemetery without a burial permit secured from the Office of the Mayor.
Section 4. Measurement of Burial Site. The municipality, through the cemetery caretaker, shall assign the burial site which shall not be more than 1 meter by 2 meters in area.
Section 5. Municipal Charges. A burial permit shall not be issued unless the municipal charges, as provided for in the existing Municipal Revenue Code of Gubat, is paid.
Section 6. Penalty. Any person who violates any provision of this Article shall be fined the amount of P500.00 and/or 7 days imprisonment or both at the discretion of the court.
Municipal Ordinance No. 2004 -
AN ORDINANCE REGULATING THE USE OF THE LYING-IN CLINIC AT THE MAIN HEALTH CENTER OF GUBAT, SORSOGON.
BE IT ORDAINED BY THE SANGGUNIAN BAYAN IN SESSION THAT:
Section 1. This ordinance shall regulate the use of the Lying-in clinic at the main health center of Gubat, Sorsogon.
Section 2. Rules and Regulation.
a. Only normal pregnancies with a normal course of labor shall be admitted to the lying-in clinic.
b. All deliveries shall be attended by a midwife and a nurse or two midwives, as the case maybe, until the patient is discharged.
c. In case complications may arise on the mother or the baby after delivery, the patient should be referred at once to the Gubat District Hospital or in any other hospitals or clinic at the option of the patient or its attending relative.
d. The lying-in clinic shall be used exclusively for purposes of delivery.
e. The fees imposed for the use of the lying-in clinic as provided for under the Revenue Code of the Municipality shall be subject to the following terms and conditions, to wit:
1. That payment shall be made to the Office of the Municipal Treasurer or its authorized agent/collector only before the discharge of the patient.
2. That the total amount paid by the patient shall be shared and distributed as follows: 37.5% for the midwife; 25% for the assisting personnel and the other 62.5% shall be declared as lying-in trust fund.
3. That claims for the services rendered by the attending health personnel shall be subject to usual accounting and auditing rules and regulations.
4. That the trust fund shall be used as revolving fund and shall be spent only for the maintenance and other operating expenses of the lying-in clinic, subject to usual accounting and auditing rules and regulations.
Section 3. Imposition of Fees. The fees imposed herein shall be provided for under the Revenue Code of the Municipality of Gubat.
Section 4. Administrative Provision. Only health personnel of the Local Government Unit of Gubat, duly authorized by law to carry out and assist in delivery, shall be allowed to use or utilize the lying-in clinic.
Section 5. Penal Provision. Violation of any position of this ordinance shall subject the offender to a fine of Two Thousand Five Hundred Pesos without prejudice to criminal, civil or other administrative case that may be filed.
CHAPTER XIX - EFFECTIVITY
Section 1. Repealing Clause.
a) The following are hereby repealed: Ordinance No. 1 – 1970, Ordinance No. 6-71, Ordinance No. 8-72, Ordinance No. 80-4, Ordinance No. 80-12, Ordinance No. 80-20, Ordinance No. 98-002, Ordinance 99-009, Ordinance No. 1-1968, Ordinance No. 05-1968, Ordinance No. 06-1968, Ordinance No. 80-11, Ordinance No. 80-13, Ordinance No. 82-17, Ordinance No. 84-01, Ordinance No. 6-88, Ordinance No. 3-s-92, Ordinance No. 94-002, Ordinance No. 93-003, Ordinance No. 95-005,
b) The following are hereby modified in so far as they are inconsistent with this Code: Ordinance No. 2-s-92, Ordinance No. 1-s-95’.
c) All other ordinances inconsistent with the provisions of this Code are hereby repealed of modifies accordingly.
Section 2. Separability Clause. If for any reason or reasons any part or provisions of this Code shall be held to be unconstitutional or invalid, other parts or provisions thereof that are not affected thereby shall continue to be in full force and effect.
Section 3. Effectivity. This Code shall take effect on _______________, and after publication on a newspaper of general circulation.
APPROVED.
I hereby certify to the correctness of the foregoing ordinance:
RAQUEL E. QUIRING
Secretary to the SB
ATTESTED:
RODOLFO Q. HAPA
Municipal Vice Mayor
Presiding Officer
APPROVED:
DEOGRACIAS B. RAMOS, JR.
Municipal Mayor
Wednesday, February 10, 2010
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