Revised Municipal Revenue Code Overview
Revised Municipal Revenue Code Overview
TABLE OF CONTENTS
1
Article P. Permit Fee on Occupation/Calling Not Requiring Government Examination
Article Q. Building Permit
Article R. Permit fee for the Storage of Flammable and Combustible Materials
Article S. Permit and Inspection Fee on Machineries and Engines
Article T. Permit Fee for Inspection and Verification of Subdivision
Article U. Permit Fee for Temporary Use of Roads, Streets, Sidewalk, Alleys,
Patios, Plazas and Playgrounds
Article V. Permit for Building Occupancy
Article W. Permit Fee for the Conduct of Group Activities
2
Article B. Civil Remedies for Collection of Revenues
Article C. Taxpayer's Remedies
Article D. Miscellaneous Provisions
3
EXCERPTS FROM THE MINUTES OF THE REGULAR SESSION OF THE
SANGGUNIANG BAYAN OF TALIBON, BOHOL HELD ON THE 15 TH DAY OF
DECEMBER, 2014 AT THE PRES. CARLOS P. GARCIA MEMORIAL SESSION HALL
Section 1A.01. Short Title. This ordinance shall be known as the Revised
Municipal Revenue Code of 2015 of the Municipality of Talibon, Province of Bohol.
Section 1A.02. Scope and Application. This Code shall govern the levy,
assessment, and collection of taxes, fees, charges and other impositions within the
territorial jurisdiction of this municipality.
Section 1B.01. Words and Phrases Not Herein Expressly Defined. Words and
phrases embodied in this Code not herein specifically defined shall have the same
definitions as found in RA 7160, otherwise known as the Local Government Code of 1991.
(a) General Rules. All words and phrases shall be construed and understood
according to the common and approved usage of the language; but the technical words
and phrases and such other words in this Code which may have acquired a peculiar or
appropriate meaning shall be construed and understood according to such technical,
peculiar or appropriate meaning.
(b) Gender and Number. Every word in the Code importing the masculine gender
shall extend to both male and female. Every word importing the singular number shall
apply to several persons or things as well; and every word importing the plural number
shall extend and be applied to one person or thing as well.
(c) Reasonable Time. In all cases where any act is required to be done within five (5)
days, the same shall be deemed to mean such time as may be necessary for the prompt
4
performance of the act.
(d) Computation of Time. The time within which an act is to be done as provided in
this Code, or in any rule or regulation issued pursuant to the provisions thereof, when
expressed in days, shall be computed by excluding the first day and including the last day,
except if the last day falls on a Sunday or holiday, in which case the same shall be
excluded in the computation and the business day following shall be considered the last
day.
(e) References. All references to chapters, articles, or sections are to the Chapters,
Articles or Sections in this Code unless otherwise specified.
(g) Conflicting Provisions of Sections. If the provisions of the different sections in the
same article conflict with each other, the provisions of the Section which is the last in point
of sequence shall prevail.
(b) Charges refer to pecuniary liability, as rents or fees against persons or property;
(e) Countryside and Barangay Business Enterprise refers to any business entity,
5
association, or cooperative registered under the provisions of RA 6810, otherwise known
as Magna Carta for Countryside and Barangay Business Enterprises (Kalakalan 20);
(f) Fee means a charge fixed by law or ordinance for the regulation or inspection of a
business or activity. It shall also include charges fixed by law or agency for the services of
a public officer in the discharge of his official duties;
(g) Franchise is a right or privilege, affected with public interest that is conferred upon
private persons or corporations, under such terms and conditions as the government and
its political subdivisions may impose in the interest of public welfare, security and safety;
(h) Gross Sales or Receipts include the total amount of money or its equivalent
representing the contract price, compensation or service fee, including the amount
charged or materials supplied with the services and deposits or advance payments
actually received during the taxable quarter for the services performed or to be performed
for another person excluding discounts if determinable at the time of sales, sales return,
excise tax, and value added tax (VAT);
(i) Levy means an imposition or collection of an assessment, tax, fee, charge, or fine.
(k) Municipal Waters include not only streams, lakes and tidal waters within the
municipality, not 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 the 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, the third line shall be equally distant from
opposite shores of the respective municipalities;
(l) Operator includes the owner, manager, administrator, or any other person who
operates or is responsible for the operation of a business establishment or undertaking;
(n) Persons mean every natural or juridical being, susceptible of rights and obligations
or of being the subject of legal relations;
(o) Rental means the value of the consideration, whether in money, or otherwise,
given for the enjoyment or use of a thing.
(p) Residents refer to natural persons who have their habitual residence in the
province, city, or municipality where they exercise their civil rights and fulfill their civil
obligations, and to juridical persons for which the law or any other provision creating or
recognizing them fixes their residence in a particular province, city or municipality. In the
absence of such laws, juridical persons are residents or the province, city or municipality
6
where they have their legal residence or principal place of business or where they conduct
their principal business or occupation;
(q) Revenue includes taxes, fees and charges that a state or its political subdivision
collects and receives into the treasury for public purposes.
(s) Shopping Mall refers to a massive project that benefits property owner/developer
through the returns derived from leases of various individual shops and concessions
within the shopping center.
(t) Supermarket means a large form of traditional grocery store, is a self-service shop
offering a wide variety of food and household products, organized into aisles.
(u) Tax means an enforced contribution, usually monetary in form, levied by the law
making body on persons and property subject to its jurisdiction for the precise purpose of
supporting governmental needs.
(v) Vessels include every type of boat, craft or other artificial contrivance, capable of
being used, as a means of transportation on water.
(a) Advertising Agency includes all persons who are engaged in the business of
advertising for others by means of billboards, posters, placards, notices, signs, directories,
pamphlets, leaflets, handbills, electric or neon lights, airplanes, balloons or other media,
whether in pictorial or reading form.
(b) Agricultural Products include the yield of the soil, such as corn, rice, wheat, rye,
hay, coconut, sugarcane, tobacco, root crops, vegetables, fruits, flowers, and their by-
products; ordinary salt; all kinds of fish; poultry; and livestock and animal products,
whether in their original form or not;
The phrase "whether in their original form or not" refers to the transformation of
said products by the farmer, fisherman, producer or owner through the application of
processes to preserve or otherwise to prepare said products for the market such as
freezing, drying, salting, smoking, or stripping for purposes of preserving or otherwise
preparing said products for the market; to be considered an agricultural product whether in
its original form or not, its transformation must have been undertaken by the farmer,
fisherman, producer or owner.
Agricultural products as defined include those that undergo not only simple but
7
even sophisticated processes employing advanced technological means in packaging like
dressed chicken or ground coffee in plastic bags or styropor or other packaging materials
intended to process and prepare the products for the market.
The term by-products shall mean those materials which in cultivation or processing
of an article remain over, and which are still of value and marketable, like copra cake from
copra or molasses from sugar cane;
(d) Amusement Places include theaters, cinemas, concert halls, circuses and other
places of amusement where one seeks admission to entertain oneself by seeing or
viewing the show or performance;
(e) Banks and other Financial Institutions include non-bank financial intermediaries,
lending investors, finance and investment companies, pawnshops, money shops,
insurance companies, stock markets, stock brokers, and dealers in securities and foreign
exchange, as defined under applicable law, or rules and regulations thereunder;
(f) Brewer includes all persons who manufacture fermented liquors of any description
for sale or delivery to others but does not include manufacturers of tuba, basi, tapuy or
similar domestic fermented liquors, whose daily production does not exceed two hundred
gauge liters.
(g) Business Agent includes all persons who act as agents of others in the
transaction of business with any public officer, as well as those who conduct collecting,
advertising, employment, or private detective agencies.
(i) Capital Investment is the capital that a person employs in any undertaking, or
which he contributes to the capital of a partnership, corporation, or any other juridical
entity or association in a particular taxing jurisdiction;
(j) Carinderia refers to any public eating place where food already cooked are served
at a price.
(k) Cockpit includes any place, compound, building or portion thereof, where
cockfights are held, whether or not money bets are made on the results of such
cockfights.
(l) Contractor includes persons, natural or juridical, not subject to professional tax
under Section 139 of the Local Government Code of 1991, whose activity consists
essentially of the sale of all kinds of services for a fee, regardless of whether or not the
performance of the service calls for the exercise or use of the physical or mental faculties
of such contractor or his employees;
8
As used in this Article, the term "contractor" shall include general engineering,
general building and specially contractors as defined under applicable laws, filling,
demolition and salvage works contractors; proprietors or operators of mine drilling
apparatus; proprietors or operators of dockyards; persons engaged in the installation of
water system, and gas or electric light, heat, or establishments; proprietors or operators of
smelting plants; engraving plating and plastic lamination establishments; proprietors or
operators of establishments for repairing, repainting, upholstering, washing or greasing of
vehicles, heavy equipment, vulcanizing, recapping and battery charging; proprietors or
operators of furniture shops and establishments for planning or surfacing and re-cutting of
lumber and sawmills under contract to saw or cut logs belonging to others; proprietors or
operators of dry-cleaning or dyeing establishments, steam laundries, and using washing
machines; proprietors or owners of shops for the repair of any kind of mechanical and
electrical devices; instruments, apparatus, or furniture and shoe repairing by machine or
any mechanical and electrical devices; proprietors or operators of establishments or lots
for parking purposes; proprietors or operators of tailor shops, dress shops. milliners and
hatters, beauty parlors, barbershops, massage clinics, sauna, Turkish and Swedish baths,
slenderizing and body-building saloon and similar establishments; photographic studios;
funeral parlors; proprietors or operators of hotels, motels, and lodging houses; proprietors
or operators of arrastre and stevedoring, warehousing, or forwarding establishments;
master plumbers, smiths and house or sign painters; printers, bookbinders, lithographers,
publishers except those engaged in the publication or printing of any newspaper,
magazine, review or bulletin which appears at regular intervals with fixed prices for
subscription and sale and which is not devoted principally to the publication of
advertisements; business agents, private detectives or watchman agencies; commercial
and immigration brokers; cinematographic film owners, lessors and distributors.
The term “contractor” shall also include, but shall not be limited to, tax subjects
enumerated under Section19 of Presidential Decree No. 231, but which are no longer
included in the enumeration of “contractor” under Section 131 of Republic Act No. 7160,
viz.: welding shops, service stations, white/blue, printing, recopying, or photocopying
services, assaying laboratories, advertising agencies, shops for shearing animals,
vaciador shops, stables, construction of motor vehicles, animal drawn vehicles, and/or
tricycles, lathe machine shops, furniture shops, and proprietors of bulldozers and other
heavy equipment available to others for consideration.
(m) Dealer means one whose business is to buy and sell merchandise, goods and
chattels as a merchant. He stands immediately between the producer or manufacturer
and the consumer and depends for his profit not upon the labor he bestows upon his
commodities but upon the skill and foresight with which he watches the market;
(n) Importer means any person who brings articles, goods, wares or merchandise of
any kind or class into the Philippines from abroad for unloading therein, or which after
entry are consumed herein or incorporated into the general mass of property in the
Philippines. In case of tax-free articles, brought or imported into the Philippines by
persons, entities or agencies exempt from tax which are subsequently sold, transferred or
exchanged in the Philippines to non-exempt private persons or entities, the purchaser or
recipient shall be considered the importer thereof.
(o) Manufacturer includes every person who, by physical or chemical process, alters
the exterior texture or form or inner substance of any such raw materials or manufactured
or partially manufactured product in such manner as to prepare it for special use or uses
9
to which it could not have been put in its original condition, or who by any such process,
alters the quality of any such raw material or manufactured or partially manufactured
products so as to reduce its marketable shape or prepare it for any of the use of industry,
or who by any such process, combines any raw material or manufactured products with
other materials or products of the same or of different kinds and in such manner that the
finished products of such process or manufacture can be put to a special use or uses to
which such raw material or manufactured or partially manufactured in their original
condition could not have been put, and who in addition, alters such raw material or
manufactured or partially manufactured products, or combines the same to produce such
finished products for the purpose of their sale or distribution to others and for his own use
for consumption;
(q) Motor Vehicle means any vehicle propelled by any power other than muscular
power using the public roads, but excluding road rollers, trolley cars, street sweepers,
sprinklers, lawn mowers, bulldozers, graders, forklifts, amphibian trucks, and cranes if not
used on public roads, vehicles that run only on rails or tracks, tractors, trailers, and
traction engines of all kinds used exclusively for agricultural purposes;
(r) Peddler means any person who, either for himself or on commission, travels from
place to place and sells his goods or offers to sell and deliver the same. Whether a
peddler is a wholesale peddler or retail peddler of a particular commodity shall be
determined from the definition of wholesale dealer or retail dealer as provided in this
Ordinance;
(s) Public Market refers to any place, building, or structure of any kind designated as
such by the local board or council, except public streets, plazas, parks, and the like.
(t) Rectifier comprises every persons who rectifies, purifies, or refines distilled spirits
or wines by any process other than by original or continuous distillation from mash, wort,
wash, sap, or syrup through continuous closed vessels and pipes until the manufacture
thereof is complete. Every wholesale or retail liquor dealer who has in his possession any
still or mash tub, or who keeps any other apparatus for the purpose of distilling spirits, or in
any manner refining distilled spirits, shall also be regarded as a rectifier and as being
engaged in the business of rectifying.
(u) Restaurant refers to any place which provides food to the public and accepts
orders from them at a price. This term includes caterers.
(v) Retail means a sale where the purchaser buys the commodity for his
consumption, irrespective of the quantity of the commodity sold;
(w) Vessel includes every type of boat, craft, or other artificial contrivances used, or
capable of being used, as a means of transportation on water.
10
(x) Wharfage means a fee assessed against the cargo of a vessel engaged in foreign
or domestic trade based on quantity, weight, or measure received and/or discharged by
vessel;
(y) Wholesale means a sale where the purchaser buys or imports the commodities for
resale to persons other than the end user regardless of the quantity of the transaction.
The preceding rates shall apply only to the amount of domestic sales of
manufacturers, assemblers, repackers, processors, brewers, distillers, rectifiers and
compounders of liquors, distilled spirits, and wines or manufacturers of any article of
commerce of whatever kind or nature other than those enumerated under paragraph (c) of
this Section.
11
Gross Sales/Receipts for the
Preceding Calendar Year Amount of Tax Per Annum
12
(7) School supplies; and
(8) Cement
For purposes of this provision, the term exporters shall refer to those who are
principally engaged in the business of exporting goods and merchandise, as well as
manufacturers and producers whose goods or products are both sold domestically and
abroad. The amount of export sales shall be excluded from the total sales and shall be
subject to the rates not exceeding one half (1/2) of the rates prescribed under paragraphs
(a), (b), and (d) of this Article.
(d) On retailers.
The rate of two point four percent (2.4%) per annum shall be imposed on sales not
exceeding Four Hundred Thousand Pesos (P 400,000.00) while the rate of one point two
percent (1.2%) per annum shall be imposed on sales in excess of the first Four Hundred
Thousand Pesos (P 400,000.00).
However, barangays shall have the exclusive power to levy taxes on stores whose
gross sales or receipts of the preceding calendar year does not exceed Thirty Thousand
Pesos (P 30,000.00) subject to existing laws and regulations.
(e) On contractors and other independent contractors in accordance with the following
schedule.
13
1,000,000.00 or more but less than 2,000,000.00 13,800.00
2,000,000.00 or more At a rate not exceeding sixty percent (60%)
of one percent (1%)
Provided, that in no case shall the tax on gross sales of P2,000,000.00 or more be
less than P13,800.00.
For purposes of this section, the tax on multi-year projects undertaken general
engineering, general building, and specialty contractors shall initially be based on the total
contract price, payable in equal annual installments within the project term.
Upon completion of the project, the taxes shall be recomputed on the basis of the
gross receipts for the preceding calendar years and the deficiency tax, If there be any,
shall be collected as provided in this Code or the excess tax payment shall be refunded.
In cases of projects completed within the year, the tax shall be based upon the
contract price and shall be paid upon the issuance of the Mayor’s Permit.
(f) On banks and other financial institutions, at the rate of sixty percent of one percent
(60% of 1%) of the gross receipts of the preceding calendar year derived from interest,
commissions and discounts from lending activities, income from financial leasing,
dividends, rentals on property, and profit from exchange or sale of property, insurance
premium. All other income and receipts not herein enumerated shall be excluded in the
computation of the tax.
14
8. Privately-owned markets;
14. All other similar activities consisting essentially of the sales of services
for a fee.
Provided, that in no case shall the tax on gross sales of P2,000,000.00 or more be
less than P13,800.00.
(h) On peddlers engaged in the sale of any merchandise or article of commerce, at the
rate of (not exceeding P 60.00) per peddler annually.
The tax herein imposed shall be payable within the first twenty (20) days of
15
January. An individual who will start to peddle merchandise or articles of commerce after
January 20 shall pay the full amount of the tax before engaging in such activity.
(NOTE: Rate may be determined by computing estimated earning per day x 300
days x rate not to exceed 2% of gross receipts)
Section 2A.03. Presumptive Income Level. For every tax period, the Treasurer’s
Office shall prepare a stratified schedule of "presumptive income level" to approximate the
gross receipt of each business classification.
[The PIL technique makes use of easily verifiable indicators as means for
determining gross sales.
(a) For purposes of collection of the business tax under the "situs" of the tax law, the
following definition of terms and guidelines shall be strictly observed:
16
or the Department of Trade and Industry, or other appropriate agencies as the
case may be.
3. Warehouse - a building utilized for the storage of products for sale and
from which goods or merchandise are withdrawn for delivery to customers or
dealers, or by persons acting on behalf of the business. A warehouse that does
not accept orders and/or issue sales invoices as aforementioned shall not be
considered a branch or sales office.
17
principal office along with the sale made by said principal office and the tax
shall accrue to the city or municipality where said principal office is located.
The sales allocation in (a) and (b) above shall not apply to experimental farms.
LGUs where only experimental farms are located shall not been titled to
the sales allocation herein provided for.
4. In case of a plantation located in a locality other than that where the factory
is located, said seventy percent (70%) sales allocation shall be divided as
follows:
5. In cases where there are two (2) or more factories, project offices, plants or
plantations located in different localities, the seventy percent (70%) sales
allocation shall be pro-rated among the localities where such factories,
project offices, plants and plantations are located in proportion
to their respective volumes of production during the period for which the
tax is due.
6. The foregoing sales allocation under par. (3) hereof shall be applied
irrespective of whether or not sales are made in the locality where the
factory, project office, plant or plantation is located. In case of sales made
by the factory, project office, plant or plantation, the sale shall be covered
by paragraph (1) or (2) above.
8. All sales made by the factory, project office, plant or plantation located in
this municipality shall be recorded in the branch or sales office which is
18
similarly located herein, and shall be taxable by this municipality. In case
there is no branch or sales office or warehouse in this municipality, but the
principal office is located therein, the sales made in the dais factory shall
be taxable by this municipality along with the sales made in the principal
office.
(c) Port of Loading - the city or municipality where the port of loading is located shall
not levy and collect the tax imposable under Article A, Chapter 2 of this Ordinance unless
the exporter maintain in said city or municipality its principal office, a branch, sales office,
warehouse, factory, plant or plantation in which case the foregoing rule on the matter shall
apply accordingly.
(d) Route Sales - sales made by route trucks, vans or vehicles in this municipality
where a manufacturer, producer, wholesaler, maintains a branch or sales office or
warehouse shall be recorded in the branch or sales office or warehouse and shall be
taxed herein.
This municipality shall tax the sales of the products withdrawn by route trucks from
the branch, sales office or warehouse located herein but sold in another locality.
(a) The taxes imposed under Section 2A.01 and Section 2B.01 of this Ordinance shall
be payable for every separate or distinct establishment or place where the business
subject to the tax is conducted and one line of business does not become exempt by
being conducted with some other businesses for which such tax has been paid. The tax
on a business must be paid by the person conducting the same.
The conduct or operation of two or more related businesses provided for under
Section 2A.01 and Section 2B.01 of this Code any one person, natural or juridical, shall
require the issuance of a separate permit or license to each business.
(b) In cases where a person conducts or operates two (2) or more of the businesses
mentioned in Section 2A.01 of this Ordinance which are subject to the same rate of
imposition, the tax shall be computed on the combined total gross sales or receipts of the
said two (2) or more related businesses.
(c) In cases where a person conducts or operates two (2) or more businesses
mentioned in Section 2A.01 of this Ordinance which are subject to different rates of
imposition, the taxable gross sales or receipts of each business shall be reported
independently and tax thereon shall be computed on the basis of the pertinent schedule.
Section 2C.03 . Time of Payment. The tax shall be paid once within the first
twenty (20) days of January or in quarterly installments within the first twenty (20) days of
January, April, July, and October of each year. The Sangguniang Bayan may, for a
19
justifiable reason or cause, extend the time for payment of such taxes without surcharges
or penalties, but only for a period not exceeding six (6) months.
(a) Requirement. Any person who shall establish, operate or conduct any business, trade
or activity mentioned in this Chapter in this municipality shall first obtain a Mayor's Permit
and pay the fee therefor and the business tax imposed under the pertinent Article.
(b) Issuance and Posting of Official Receipt. The Municipal Treasurer shall issue an
official receipt upon payment of the business tax. Issuance of the said official receipt shall
not relieve the taxpayer of any requirement imposed by the different departments of this
municipality.
Every person issued an official receipt for the conduct of a business or undertaking
shall keep the same conspicuously posted in plain view at the place of business or
undertaking. If the individual has no fixed place of business or office, he shall keep the
official receipt in his person. The receipt shall be produced upon demand by the Municipal
Mayor, Municipal Treasurer, or their duly authorized representatives.
(c) Invoices or Receipt. All persons subject to the taxes on business shall, for each
sale or transfer of merchandise or goods, or for services rendered, valued at Twenty-Five
Pesos (P 25.00) or more at any one time, prepare and issue sales or commercial invoices
and receipts serially numbered in duplicate, showing among others, their names or styles,
if any, and business address. The original of each sales invoice or receipts shall be
issued to the purchaser or customer and the duplicate to be kept and preserved by the
person subject to the said tax, in his place of business for a period of five (5) years. The
receipts or invoices issued pursuant to the requirement of the Bureau of Internal Revenue
for determination of national internal revenue taxes shall be sufficient for purposes of this
Code.
(e) Submission of Certified Income Tax Return Copy. All persons who are granted
a permit to conduct an activity or business and who are liable to pay the business tax
provided in this Code shall submit a certified photocopy of their income tax returns
(ITR) on or before April 30 of each year. The deficiency in the business tax arising out
of the difference in gross receipts or sales declared in the application for Mayor’s
Permit/ Declaration of gross sales or receipts and the gross receipts or sales declared
20
in the ITR shall be payable on or before May 20 of the same year with interest at the
rate of ten percent (10%) corresponding to the two percent (2%) per month from
January to May. Payments of the deficiency tax made after May 20 shall be subject to
the twenty-five percent (25%) surcharge and two percent (2%) interest for every month
counted from January up to the month payment is made.
(g) Transfer of Business to Other Location. Any business for which a municipal
business tax has been paid by the person conducting it may be transferred and continued
in any other place within the territorial limits of this municipality without payment of
additional tax during the period for which the payment of the tax was made.
(1) Any person natural or juridical, subject to the tax on business under Article A,
Chapter 11 of this Ordinance shall, upon termination of the business,
submit a sworn statement of the gross sales or receipts for the current
calendar year within thirty (30) days following the closure. Any tax due
shall first be paid before any business or undertaking is fully terminated.
(a) The Municipal Treasurer shall assign every application for the
termination or retirement of business to an inspector in his office
who shall go to address of the business on record to verify if it is
really not operating. If the inspector finds that the business is
simply placed under a new name, manager and/or new owner, the
Municipal Treasurer shall recommend to the Municipal Mayor the
disapproval of the application of the termination or retirement of
said business;
21
(c) In addition, in the case of a new owner to whom the business was
transferred by sale or other form of conveyance, said new owner
shall be liable to pay the tax or fee for the business and shall
secure a new Mayor’s permit therefor.
(3) The permit issued to a business retiring or terminating its operation shall be
surrendered to the Local Treasurer who shall forthwith cancel the same
and record such cancellation in his books.
(i) Death of Licensee. When any individual paying a business tax dies, and the
business is continued by a person interested in his estate, no additional payment shall be
required for the residue of the term for which the tax was paid.
Section 2D.02. Time of Payment. The tax herein imposed shall be payable
before engaging in such activity.
(b) Mineral Products shall mean things produced and prepared in a workable state by
simple treatment processes such as washing or drying but without undergoing any
chemical change or process or manufacturing by the lessee, concessionaire or owner of
mineral lands.
22
(c) Quarry Resources means any common stone or other common mineral
substances such as but not restricted to marble, granite, volcanic cinders, basalt, tuff, and
rock phosphate.
Section 2E.02 . Imposition of Tax. There is hereby levied an annual tax at the
rate of Two Percent (2%) based on the gross receipts for the preceding year of mining
operations. (The tax should not exceed 2% of the gross receipts during the
preceding year.)
Section 2E.03 Situs of the Tax. Payment of the tax shall be made to this
municipality which has jurisdiction over the mining area. In case the area transcends two
(2) or more local government units, payment shall be made to the municipality having the
largest area.
Section 2E.04. Exclusion. Extraction of the following are excluded from the
coverage of the tax levied herein:
(a) Mineral Products such as ordinary stones, sand, gravel, earth and other quarry
resources;
(b) Indigenous petroleum such as mineral oil, hydrocarbon gas, bitumen, crude
asphalt, mineral gas and all other similar or naturally associated substances.
Section 2E.05. Time of Payment. The tax shall be paid once within the first
twenty (20) days of January or in quarterly installments within the first twenty (20) days of
January, April, July, and October of each year.
(a) The Municipal Treasurer shall keep a registry of mining operators on which all
instruments concerning mining rights, such as acquisition, sub-lease, operating
agreements, transfers, assignments, condonment, cancellation and others, are recorded.
(b) It shall be the duty of every lessee, owner, or operator to make a true and complete
return setting forth the quantity and the actual market value of the minerals or mineral
products or quarry resources to be removed.
(a) Forest Products means timber, pulp-wood/chipwood, firewood, fuel wood and
minor forest products such as bark, tree tops, resins, gum, wood, oil, honey, beeswax,
nipa, rattan or other forest growth such as grass, shrub, and flowering plants, the
associated water, fish, scenic, historical, recreational, and geologic resources in forest
lands.
(b) Forest Lands include the public forest, the permanent forest or the forest reserves,
and forest reservations.
23
Section 2F.02 . Imposition of Tax. There is hereby imposed a tax on forest
concessions and forest products at a rate of Two percent (2.0%) of the annual gross
receipts of the concessionaire during the preceding year.
Section 2F.03. Time of Payment The tax shall be paid once within the
first twenty (20) days of January or in quarterly installments within the first twenty (20)
days of January, April, July, and October of each year.
Section 3A.01. Imposition of Fee. There shall be collected an annual fee for the
issuance of a Mayor's Permit to operate a business, pursue an occupation or calling, or
undertake an activity within the municipality.
The permit fee is payable for every distinct or separate business or place where
the business or trade is conducted. One line of business of trade does not become
exempt by being conducted with some other business of trade for which the permit fee
has been obtained and the corresponding fee paid for.
For purpose of the Mayor’s Permit Fee, the following Philippine definition of
business size is here by adopted:
The permit fee shall either be based on asset size or number of workers,
whichever will yield the higher fee.
Micro P 500.00
Small 1,000.00
Medium 1,500.00
Large 2,000.00
1. On Banks
24
2. On Other Financial Institutions and individual lending investors
Small P 2,000.00
Medium 3,000.00
Large 5,000.00
3. On Contractors/Service Establishments
Micro P 500.00
Small 1,000.00
Medium 1,500.00
Large 2,000.00
4. On Wholesalers/Dealers or Distributors
Micro P 500.00
Small 1,000.00
Medium 1,500.00
Large 2,000.00
5. On retailers
Micro P 400.00
Small 800.00
Medium 1,500.00
Large 2,000.00
6. On Transloading Operations
Medium P 2,000.00
Large 4,000.00
9. Jeepneys/Fieras/Tamaraw/Multicab 1,000.00
Micro P 500.00
Small 1,000.00
Medium 1,500.00
Large 2,000.00
[The rates of Mayor’s Permit fees may also be based on any reasonable
classification, e.g., on type of business as indicated above (without sub-classification as
25
cottage, small, medium, or large).
A basic rule in fixing regulatory fees is that the fee should be commensurate
to the cost of regulation and surveillance.]
Another set of Mayor’s Permit Fees may be set for the so-called “sin” goods and
activities. Because of the “social dimensions” involved it is justifiable to fix higher rates
of permit fees. Included in this class of businesses are:
Section 3A.02. Time and Manner of Payment. The fee for the issuance of a
Mayor's Permit shall be paid to the Municipal Treasurer upon application before any
business or undertaking can be lawfully begun or pursued and within the first twenty (20)
days of January of each year in case of renewal thereof.
For a newly-started business or activity that starts to operate after January 20, the
fee shall be reckoned from the beginning of the calendar quarter. When the business or
activity is abandoned, the fee shall not be exacted for a period longer than the end of the
calendar quarter. if the fee has been paid for a period longer than the current quarter and
the business activity is abandoned, no refund of the fee corresponding to the unexpired
quarter or quarters shall be made.
(a) Supervision and control over establishments and places. The Municipal
Mayor shall supervise and regulate all establishments and places subject to the payment
of the permit fee. He shall prescribe rules and regulations as to the mode or manner on
which they shall be conducted in so far as may be necessary to maintain peaceful,
healthy, and sanitary conditions in the municipality.
(b) Application for Mayor's Permit: False Statement. An application for a Mayor's
Permit shall be filed with the Office of the Municipal Mayor. The form for the purpose shall
be issued by the same Office and shall set forth the requisite information including the
name and residence of the applicant, the description of business or undertaking that is to
be conducted, and such other data or information as may be required.
26
a. Location sketch of the new business
b. Paid-up capital of the business as shown in the Articles of
Incorporation, if a corporation or partnership, or a sworn
statement of the capital invested by the owner or operator, if a sole
proprietorship
c. A certificate attesting to the tax exemption if the business is tax
exempt
d. Certification from the office in charge of zoning that the location of
the new business is in accordance with zoning regulations
e. Tax clearance showing that the operator has paid all tax obligations
in the municipality
f. Barangay clearance
g. Three (3) passport size pictures of the owner or operator or in
cases of a partnership or corporation the picture of the senior or
managing partners and that of the President or General Manager
h. Health certificate for all food handlers, and those required under
Chapter IV, Art. D of this Revenue Code.
i. Occupancy Permit
Upon submission of the application, it shall be the duty of the proper authorities to
verify if other municipal requirements regarding the operation of the business or activity
such as sanitary requirements, installation of power and light requirements, as well as
other safety requirements are complied with. The permit to operate shall be issued only
upon compliance with such safety requirements and after the payment of the
corresponding inspection fees and other impositions required by this Revenue Code and
other municipal tax ordinances.
Any false statement deliberately made by the applicant shall constitute sufficient
ground for denying or revoking the permit issued by the Mayor, and the applicant or
licensee may be prosecuted in accordance with the penalties provided in this Article.
A Mayor's Permit maybe refused to (1) any person who previously violated any
ordinance or regulation governing permits granted; (2) whose business establishment or
undertaking does not conform with zoning regulations, and safety, health and other
requirements of the municipality; (3) who has unsettled tax obligation, debt or other liability
to the government; (4) who is disqualified under any provision of law or ordinance to
establish or operate the business applied for.
27
business who declares an amount of gross sales or receipts that are manifestly below
industry standards or the Presumptive Income Level of gross sales or receipts as
established in the municipality for the same or a closely similar type of activity or business.
The Mayor's Permit shall be issued by the Municipal Mayor upon presentation of
the receipt for the payment of the Mayor's Permit and the official receipt issued by the
Municipal Treasurer for the payment of the business tax.
Every permit issued by the Mayor shall show the name and residence of the
applicant, his nationality and marital status; nature of the organization, that is whether the
business is a sole proprietorship, corporation or partnership, etc.; location of the business;
date of issue and expiration of the permit; and other information as may be necessary.
The Municipality shall, upon presentation of satisfactory proof that the original of
the permit has been lost, stolen or destroyed, issue a duplicate of the permit upon the
payment of Two Hundred Pesos Only Pesos (P 200.00).
(d) Posting of Permit. Every permittee shall keep his permit conspicuously posted at
all times in his place of business or office or if he has no place of business or office, he
shall keep the permit in his person. The permit shall be immediately produced upon
demand by the Municipal Mayor, the Municipal Treasurer or any of their duly authorized
representatives.
(e) Duration of Permit and Renewal. The Mayor's Permit shall be granted for a
period of not more than one (1) year and shall expire on the thirty-first (31st) of December
following the date of issuance unless revoked or surrendered earlier. Every permit shall
cease to be in force upon revocation or surrender thereof. The permit issued shall be
renewed within the first twenty (20) days of January. It shall have a continuing validity only
upon renewal thereof and payment of the corresponding fee.
(f) Revocation of Permit. When a person doing business under the provisions of
this Code violates any provision of this Article, refuses to pay an indebtedness or liability to
the municipality or abuses his privilege to do business to the injury of the public moral or
peace; or when a place where such business is established is being conducted in a
disorderly or unlawful manner, is a nuisance, or is permitted to be used as a resort for
disorderly characters, criminals or women of ill-repute, the Municipal Mayor may, after
investigation, revoke the Mayor's Permit. Such revocation shall operate to forfeit all sums
which may have been paid in respect of said privilege, in addition to the fines and
imprisonment that maybe imposed by the Court for violation of any provision of this
Ordinance governing the establishment and maintenance of business, and to prohibit the
exercise thereof by the person whose privilege is revoked, until restores by the
Sangguniang Bayan.
(a) On cafes, cafeterias, ice cream and other refreshment parlors, restaurants, soda
28
fountain bars, carinderia or food caterers. No owner of said establishments shall employ
any cook, or food dispenser without a Food Handler's Certificate from the Municipal Health
Officer, renewable every 12 months.
Establishments selling cooked and readily edible foods shall have them
adequately covered and protected from dust, flies and other insects, and shall follow
strictly the rules and regulations on sanitation promulgated by the Municipal Health Officer
and existing laws or Ordinances.
(b) Sauna bath, massage, barber and beauty shops. Said shops shall not be allowed
to operate with masseurs, barbers, and beauticians without having secured the necessary
corresponding medical certificate from the Municipal Health Officer.
(a) Cockpit includes any place, compound, building or portion thereof with complete
facilities such as but not limited to parking area, comfort rooms, proper sitting standard,
gaffing area and cock cages where cockfights are held, whether or not money bets are
made on the results of such cockfights.
(b) Bet taker or Promoter refers to a person who alone or with another initiates a
cockfight and/or calls and take care of bets from owners of both gamecocks and those of
other bettors before he orders commencement of the cockfight thereafter distributes won
bets to the winners after deducting a certain commission, or both.
(c) Gaffer (taga-tari) refers to a person knowledgeable in the art of arming fighting
cocks with gaffs on one or both legs.
(d) Referee (Sentenciador) refers to a person who watches and oversees the proper
gaffing of fighting cocks; determines the physical condition of gamecocks while
cockfighting is in progress, the injuries sustained by the cocks and their capability to
continue fighting, and decides and makes known his decision either by word or gesture
the result of the cockfighting by announcing the winner or deciding a tie in a contest game.
Section 3B.02. Imposition of Fees. There shall be collected the following Mayor's
Permit Fees from cockpit operators/owners/licensees and cockpit personnel:
1. Promoters/Hosts 500.00
2. Pit Manager 300.00
3. Referee 300.00
29
4. Bet Taker "Kristo/Llamador" 200.00
5. Bet Manager "Maciador/Kasador" 300.00
6. Gaffer "Mananari" 200.00
7. Cashier 300.00
8. Derby (Matchmaker) 300.00
(a) The application filing fee is payable to the Municipal Treasurer upon application for
a permit or license to operate and maintain cockpits.
(b) The annual cockpit permit fee is payable upon application for a permit before a
cockpit shall be allowed to operate and within the first twenty days of January of each year
in case of renewal thereof.
(c) The permit fees on cockpit personnel shall be paid before they participate in a
cockfight and shall be paid annually upon renewal of the permit on the birth month of the
permittee.
(a) Ownership, operation and management of cockpit. Only Filipino citizens not
otherwise inhibited by existing ordinances or laws shall be allowed to own, manage and
operate cockpits. Cooperative capitalization is encouraged.
(b) Establishment of cockpit. The Sangguniang Bayan shall determine the number of
cockpits to be allowed in this municipality.
(c) Cockpit-size and construction. Cockpits shall be constructed and operated within
the appropriate areas as prescribed in the Zoning Law or ordinance. In the absence of
such law or ordinance, the Municipal Mayor shall see to it that no cockpits are constructed
within or near existing residential or commercial areas, hospitals, school buildings,
churches or other public buildings. Owners, lessees, or operators of cockpits which are
now in existence and do not conform to this requirement are required to comply with these
provisions within a period to be specified by the Municipal Mayor. Approval or issuance of
building permits for the construction of cockpits shall be made by the Municipal Engineer
in accordance with existing ordinances, laws and practices.
(d) Only duly registered and licensed promoters, referees, cashiers, bet managers, pit
referees, bet takers, or gaffers shall take part in all kinds of cockfights held in this
Municipality. No operator or owner of a cockpit shall employ or allow to participate in a
cockfight any of the above-mentioned personnel unless he has registered and paid the fee
herein required.
(e) Upon payment of the fees herein imposed, the corresponding Mayor's Permit shall
be issued.
30
operation of cockpits and the holding of cockfights in this Municipality.
Section 3C.02. Imposition of Fees. There shall be collected the following fees
per day for cockfighting:
Section 3C.03. Exclusions. Regular cockfights i.e., those held during Sundays,
legal holidays and local fiestas and international derbies shall be excluded from the
payment of fees herein imposed.
Section 3C.04. Time and Manner of Payment. The fees herein imposed shall be
payable to the Municipal Treasurer before the special cockfights and derbies can be
lawfully held.
31
during Registration Days for such election or referendum.
(b) Cockfighting for entertainment of tourists or for charitable purposes. Subject to the
preceding subsection hereof, the holding of cockfights may also be allowed for the
entertainment of foreign dignitaries or for tourists, or for returning Filipinos, commonly
known as "Balikbayans", or for the support of national fund-raising campaigns for
charitable purposes as may be authorized upon resolution of the Sangguniang Bayan, in
licensed cockpits or in playgrounds or parks. This privilege shall be extended for only one
(1) time, for a period not exceeding three (3) days, within a year.
(c) Cockfighting officials. Gaffers, referees, bet takers, or promoters shall not act as
such in any cockfight in the municipality without first securing a license renewable every
year on their birth month from the municipality where such cockfighting is held. Only
gaffers, referees, bet takes, or promoters licensed by the municipality shall officiate in all
kinds of cockfighting authorized herein.
Section 3D.01. Imposition of Fee. There shall be collected from the seller of
Firecrackers and Pyrotechnic Devices during holiday season (i,e., Christmas and New
Year) a permit fee of One Thousand Pesos (P1,000.00).
Section 3D.02. Time of Payment. The fee imposed herein shall be paid to the
Municipal Treasurer upon filing of application of Mayors Permit.
(a) Astray Animal means an animal which is set loose unrestrained, and not under the
complete control of its owner, or the charge or in possession thereof, found
roaming at-large in public or private places.
(b) Public Place includes national, provincial, municipal, or barangay streets, parks,
plazas, and such other places open to the public.
(c) Private Place includes privately-owned streets or yards, rice fields or farmlands, or
lots owned by an individual other than the owner of the animal.
(d) Large Cattle includes horses, mules, asses, carabaos, cows, and other domestic
32
members of the bovine family.
Section 3E.02. Imposition of Fee. There shall be imposed the following fees for
each day or fraction thereof on each head of astray animal found running or roaming at
large in public or private places:
Amount of Fee
Section 3E.03. Time of Payment. The impounding fee shall be paid to the
Municipal Treasurer prior to the release of the impounded animal to its owner.
(a) For purposes of this Article, the Barangay Tanods of the Municipality are hereby
authorized to apprehend and impound astray animals in the municipal corral or a place
duly designated for such purpose. They shall also cause the posting of notice of the
impounded astray animal in the Municipal Hall for five consecutive days, starting on the
day after the animal is impounded, within which the owner is required to claim and
establish ownership of the impounded animal. The Municipal Mayor and Municipal
Treasurer shall be informed of the impounding.
(b) Impounded animals not claimed within five (5) days after the date of impounding
shall be sold at public auction under the following procedures:
1. The Municipal Treasurer shall post notice for Two (2) days in Two (2)
places including the main door of the Municipal Hall and the public
markets. The animal shall be sold to the highest bidder. Within Five (5)
days after the auction sale, the Municipal Treasurer shall make a report of
the proceedings in writing to the Municipal Mayor.
2. The owner may stop the sale by paying at any time before or during the
auction sale, the impounding fees due and the cost of the advertisement
and conduct of sale to the Municipal Treasurer, otherwise, the sale shall
proceed.
3. The proceeds of the sale shall be applied to satisfy the cost of impounding,
advertisement and conduct of sale. The residue over these costs shall
accrue to the General Fund of the Municipality.
4. In case the impounded animal is not disposed of within the Ten (10) days
from the date of notice of public auction, the same shall be considered sold
to the Municipal Government for the amount equivalent to the poundage
fees due.
Section 3E.05. Penalty. Owners whose animals are caught astray and causing
damages to plants and properties shall pay the following fines:
33
(a) First offense P 100.00 per day
(b) Second offense 150.00 per day
(c) For the third offense and each
subsequent offense 200.00 per day
In addition to the fine, the owners shall pay the amount of damage incurred, if any,
to the property owner.
Section 3F.02. Time and Manner of Payment. The fee imposed herein
shall be due and payable within the first twenty (20) days of January of every year. For
each cart or sledge newly acquired after the first twenty (20) days of January, the permit
shall be paid without penalty within the first twenty (20) days of the quarter following the
date of purchase.
(a) A metal plate with a corresponding registry number shall be provided by the
Municipal Treasurer for every calesa or sledge at cost to the owner.
(b) The Municipal Treasurer shall keep a register of all carts or sledges which shall set
forth, among others, the name and address of the owner.
Section 3G.01. Imposition of Fee. There shall be collected a permit fee of One
Hundred Fifty Pesos (P150.00) per annum for each calesa or caretela used in the
Municipality of Talibon which shall be registered with the Office of the Municipal Treasurer.
Section 3G.02. Time and Manner of Payment. The fee imposed herein shall be
due and payable upon application for a Mayor's Permit within the first twenty (20) days of
January of each year. For newly acquired calesas or caretelas, the fee shall be payable
within twenty (20) days after acquisition.
(a) A metal plate shall be provided by the Municipal Treasurer for every registered
caretela or calesa.
(b) The Municipal Treasurer shall keep a register of all calesas or caretelas which
shall contain, among others, the name and the address of the owner.
34
Section 3H.01. Imposition of Fee. There shall be collected a Mayor's Permit Fee
of Two Hundred Pesos (P200.00) per day on every circus and other parades using
banners, floats or musical instruments carried on in this municipality.
Section 3H.02. Time and Manner of Payment. The fee imposed herein shall be
due and payable to the Municipal Treasurer upon application for a permit to the Municipal
Mayor at least Two (2) days before the scheduled date of the circus or parade and on
such activity shall be held.
(a) Any persons who shall hold a parade within this municipality shall first obtain a
permit from the Municipal Mayor before undertaking the activity. For this purpose, a
written application in a prescribed form shall indicate the name, address of the applicant,
the description of the activity, the place or places where the same will be conducted and
such other pertinent information as may be required.
(b) The Station Commander of the Philippine National Police shall promulgate the
necessary rules and regulations to maintain an orderly and peaceful conduct of the
activities mentioned in this Article. He shall also define the boundary within which such
activities may be lawfully conducted.
Section 3I.01. Definition. For purposes of this Article, "large cattle" includes but
not limited to a two-year old horse, mule ass, carabao, cow or other domesticated member
of the bovine family.
Section 3I.02. Imposition of Fee. The owner of a large cattle is hereby required
to register said cattle with the Municipal Treasurer for which a certificate of ownership shall
be issued to the owner upon payment of a registration fee as follows:
Amount of Fee
The transfer fee shall be collected only once if a large cattle is transferred more
than once in a day.
Section 3I.03. Time and Manner of Payment. The registration fee shall be paid
to the Municipal Treasurer upon registration or transfer of ownership of the large cattle.
(a) Large cattle shall be registered with the Municipal Treasurer upon reaching the
age of two (2) years.
35
(b) The ownership of a large cattle or its sale or transfer of ownership to another
person shall be registered with the Municipal Treasurer. All branded and counter-branded
large cattle presented to the Municipal Treasurer shall be registered in a book showing
among others, the name and residence of the owner, the consideration or purchase price
of the animal in cases of sale or transfer, and the class, color, sex, brands and other
identification marks of the cattle. These data shall also be stated in the certificate of
ownership issued to the owner of the large cattle.
(c) The transfer of the large cattle, regardless of its age, shall be entered in the
registry book setting forth, among others, the names and the residence of the owners
and the purchaser; the consideration or purchase price of the animal for sale or transfer,
class, sex, brands and other identifying marks of the animals; and a reference by number
to the original certificate of ownership with the name of the municipality issued to it.
No entries of transfer shall be made or certificate of transfer shall be issued by the
Municipal Treasurer except upon the production of the original certificate of ownership and
certificates of transfer and such other documents that show title to the owner.
Section 3I.05. Applicability Clause. All other matters relating to the registration of
large cattle shall be governed by the pertinent provisions of the Revised Administrative
Code and other applicable laws, ordinances and rules and regulations.
Section 3J.01. Imposition of Fee. There shall be imposed the following fees on
every person who shall make or cause to be made any excavation on public or private
streets within this municipality.
36
2. Additional fee for each linear meter
crossing the streets (minimum width
of excavation, 0.3 meters) 50.00
Section 3J.02. Time and Manner of Payment. The fee imposed herein shall be
paid to the Municipal Treasurer by every person who shall make any excavation or cause
any excavation to be made upon application for Mayor's Permit, but in all cases, prior to
the excavation.
A cash deposit in an amount equal to the cost of damage shall be deposited with
the Municipal Treasurer at the same time the permit is paid. The cash deposit shall be
forfeited in favor of the Municipal Government in case the restoration to its original form of
the street excavated is not made within Ten (10 ) days after the purpose of the excavation
is accomplished.
(a) No person shall undertake or cause to undertake any digging or excavation, of any
part or portion of the municipal streets of Talibon, Bohol unless a permit shall have been
first secured from the Office of the Municipal Mayor specifying the duration of the
excavation.
(b) The Municipal Engineer/Municipal Building Official shall supervise the digging and
excavation and shall determine the necessary width of the streets to be dug or excavated.
Said official shall likewise inform the Municipal Treasurer of any delay in the completion of
the excavation work for purposes of collection of the additional fee.
(c) In order to protect the public from any danger, appropriate signs must be placed in
the area where work is being done.
Section 3K.01. Implementing Agency. The Municipal Treasurer shall strictly enforce the
provisions of the Regulation of Practices Relative to Weights and Measures, as provided in Chapter
II of the Consumer Act, Republic Act No. 7394.
Section 3K.02. Sealing and Testing of Instruments of Weights and Measures. - All
instruments for determining weights and measures in all consumer and consumer related
transactions shall be tested, calibrated and sealed every six (6) months by the official sealer who
shall be Municipal Treasurer or his duly authorized representative upon payment of fees required
under this Article: Provided, That all instruments of weights and measures shall continuously be
inspected for compliance with the provisions of this Article.
Section 3K.03. Imposition of Fees. Every person before using instruments of weights and
37
measures within this municipality shall first have them sealed and licensed annually and pay
therefor to the Municipal Treasurer the following fees:
Amount of Fee
(a) For sealing linear metric measures:
(f) For each and every re-testing and re-sealing of weights and measures instruments
including gasoline pumps outside the office upon request of the owner or operator, an additional
service charge of One Hundred Pesos (P100.00) for each instrument shall be collected.
Section 3K.04. Payment of Fees and Surcharge. The fees herein imposed shall be paid and
collected by the Municipal Treasurer when the weights or measures instruments are sealed, before
their use and thereafter, on or before the anniversary date thereof.
The official receipt serving as license to use the instrument is valid for one (1) year from
the date of sealing unless such instrument becomes defective before the expiration period. Failure to
have the instrument re-tested and the corresponding fees therefor paid within the prescribed period
shall subject the owner or user to a surcharge of five hundred percent (500%) of the prescribed fees
which shall no longer be subject to interest.
Section 3K.05. Place of Payment. The fees herein levied shall be paid in the municipality
where the business is conducted by persons conducting their business therein. A peddler or
itinerant vendor using only one (1) instrument of weight or measure shall pay the fee in the
municipality where he maintains his residence.
(a) All instruments for weights and measures used in government work of or maintained for
public use by any instrumentality of the government shall be tested and sealed free.
38
(b) Dealers of weights and measures instruments intended for sale.
(a) The official receipt for the fee issued for the sealing of a weight or measure shall serves as
a license to use such instrument for one year from the date of sealing, unless deterioration or
damage renders the weight or measure inaccurate within that period. The license shall expire on the
day and the month of the year following its original issuance. Such license shall be preserved by
the owner and together with the weight or measure covered by the license, shall be exhibited on
demand by the Municipal Treasurer or his deputies.
(b) The Municipal Treasurer is hereby required to keep full sets of secondary standards, which
shall be compared with the fundamental standards in the Department of Science and Technology
annually. When found to be sufficiently accurate, the secondary standards shall be distinguished by
label, tag or seal and shall be accompanied by a certificate showing the amount of its variation from
the fundamental standards. If the variation is of sufficient magnitude to impair the utility of
instrument, it shall be destroyed at the Department of Science and technology.
(c) The Municipal Treasurer or his deputies shall conduct periodic physical inspection and test
weights and measures instruments within the locality.
(d) Instruments of weights and measures found to be defective and such defect is beyond repair
shall be confiscated in favor of the government.
a) for any person other than the official sealer or his duly authorized
representative to place an official tag, seal, sticker, mark, stamp, brand or other
characteristic sign used to indicate that such instrument of weight and measure
has officially been tested, calibrated, sealed or inspected;
b) for any person to imitate any seal, sticker, mark stamp, brand, tag or other
characteristic design used to indicate that such instrument of weight or
measure has been officially tested, calibrated, sealed or inspected;
c) for any person other than the official sealer or his duly authorized representative to
alter in any way the certificate or receipt given by the official sealer or his duly
authorized representative as an acknowledgement that the instrument for
determining weight or measure has been fully rested, calibrated, sealed or
inspected;
d) for any person to make or knowingly sell or use any false or counterfeit seal,
sticker, brand, stamp, tag, certificate or license or any dye for printing or
making the same or any characteristic sign used to indicate that such
instrument of weight or measure has been officially tested, calibrated, sealed or
inspected;
e) for any person other than the official sealer or his duly authorized
39
representative to alter the written or printed figures, letters or symbols on any
official seal, sticker, receipt, stamp, tag, certificate or license used or issued;
f) for any person to use or reuse any restored, altered, expired, damaged
stamp, tag certificate or license for the, purpose of making it appear that the
instrument of weight or measure has been tested, calibrated, sealed or inspected;
g) for any person engaged in the buying and selling of consumer products or
of furnishing services the value of which is estimated by weight or
measure to possess, use or maintain with intention to use any scale,
balance, weight or measure that has not been sealed or if previously sealed,
the license therefor has expired and has not been renewed in due time;
h) for any person to fraudulently alter any scale, balance, weight or measure
after it is officially sealed;
i) for any person to knowingly use any false scale, balance, weight or
measure, whether sealed or not;
j) for any person to fraudulently give short weight or measure in the making
of a scale;
k) for any person, assuming to determine truly the weight or measure of any
article brought or sold by weight or measure, to fraudulently misrepresent the
weight or measure thereof; or
Instruments officially sealed at some previous time which have remained unaltered and
accurate and the seal or tag officially affixed therein remains intact and in the same position and
condition in which it was placed by the official sealer or his duly authorized representative shall, if
presented for sealing, be sealed promptly on demand by the official sealer or his duly authorized
representative without penalty except a surcharge equal to two (2) times the regular fee fixed by law
for the sealing of an instrument of its class, this surcharge to be collected and accounted for by the
Municipal Treasurer in the same manner as the regular fees for sealing such instruments.
(a) Any person who shall violate the provisions of paragraphs (a) to (f) and paragraph (l) of
Section 3K.06 shall, upon conviction, be subject to a fine of not less than Five hundred pesos
(P500.00) but not more than One thousand pesos (P1,000.00) or by imprisonment of not more than
one (1) year, or both, upon the discretion of the court.
(b) Any person who shall violate the provisions of paragraph of (g) of Section 3K.06 for the
first time shall be subject to fine of not less than Five hundred pesos (P500.00) or by imprisonment
of not less than one (1) month but not more than five (5) years, or both, upon the discretion of the
court.
40
Five hundred pesos (P500.00) or imprisonment not exceeding one (1) year, or both, upon the
discretion of the court..
[This Article has been updated to conform to the provisions of the Consumer Act of
1992, Republic Act No. 7394.]
Section 3L.01. Imposition of Fee. There shall be collected the following permit
fee from any person who shall go on location-filming within the territorial jurisdiction of this
municipality.
In cases of extension of filming time, the additional amount required must be paid
prior to extension to filming time.
Section 3L.02. Time of Payment. The fee imposed herein shall be paid to the
Municipal Treasurer upon application for the Mayor's Permit Two (2 ) days before location-
filming is commenced.
Article M. Permit Fee for Agricultural Machinery and Other Heavy Equipment
Section 3M.01. Imposition of Fees. There shall be collected an annual permit fee
at the following rates for each agricultural machinery or heavy equipment from non-
resident operators of said machinery, renting out said equipment in this municipality.
41
q. Batching Plant 2,000.00
r. Transit/Mixer Truck 1,200.00
s. Crane 1,200.00
t. Other agricultural machinery or heavy
equipment not enumerated above 1,000.00
Section 3M.02. Time and Manner of Payment. The fee imposed herein shall be
payable prior to the rental of the equipment upon application for a Mayor's permit.
(a) Motorized Tricycle is a motor vehicle propelled other than by muscular power,
composed of a motorcycle fitted with a single wheel sidecar or a motorcycle with a two
wheeled cab, the former having a total of four wheels, otherwise known as the motorela.
(b) Tricycle Operators are persons engaged in the business of operating tricycles.
(e) Zone is a contiguous land area or block, say a subdivision or barangay, where
tricycles-for-hire may operate without a fixed origin and destination.
Section 3N.02. Imposition of Fees. There shall be collected an annual fee in the
amount of Five Hundred Pesos (P500.00) for the operation of tricycle-for-hire.
[The annual franchise fee should cover the cost of regulation and surveillance,
plus the estimated annual business tax that the operator would pay for each unit. The
integration of tax and regulatory fee simplifies tax administration and tax compliance.
42
Section 3N.03. Time of Payment.
(a) The fee shall be paid to the Municipal Treasurer upon application or renewal of the
permit.
(b) The filing fee shall be paid upon application for an MTOP based on the number of
units.
(c) Filing fee for amendment of MTOP shall be paid upon application for transfer to
another zone, change of ownership of unit or transfer of MTOP.
1. Issue, amend, revise, renew, suspend, or cancel MTOP and prescribe the
appropriate terms and conditions therefor; determine, fix, prescribe or
periodically adjust fares or rates for the service provided in a zone after
public hearing; prescribe and regulate zones of service in coordination with
the barangay; fix, impose and collect, and periodically review and adjust
but not oftener than once every three (3) years, reasonable fees and other
related charges in the regulation of tricycles-for-hire; and establish and
prescribe the conditions and qualifications of service.
7. Tricycles-for-hire shall be allowed to operate like taxis. They can transport and pick
up passengers anywhere within the municipality.
43
(c) The Sangguniang Bayan may impose a common color for tricycles for hire in the
same zone. Each tricycle unit shall be assigned and bear an identification number, aside
from its LTO license plate number.
It shall establish a fare structure that will provide the operator a reasonable return
or profit, and still be affordable to the general public. The fare structure may either be flat
(single fare regardless of distance) as a minimum amount plus a basic rate per kilometer.
The official rate to be initially adopted shall be the minimum charge before the
effectivity of this code until amended by the Sangguniang Bayan.
(d) The zones must be within the boundaries of this municipality. The existing zones
which covers the territorial unit not only of the municipality but other adjoining
municipalities or cities as well shall be maintained provided the operators serving the said
zone secure the MTOP.
(e) For the purpose of this Article, a Municipal Tricycle Operator’s Permit Regulatory
Board is hereby as follows:
(f) The Municipal Treasurer shall keep a registry of all tricycle operators which shall
include among others, the name and address of the operator and the number and
brand of tricycles owned and operated by said operator.
Section 3O.01. Imposition of Fee - There shall be collected as annual fee at the
rate prescribed hereunder for the issuance of Mayor’s Permit to every person who shall
be engaged in the practice of the occupation or calling not requiring government
examination with the municipality as follows:
44
needs of the inquiring or paying public 200.00
Section 3O.02. Exemption - All professionals who are subject to the Provincial
Tax imposition pursuant to Section 139 of the Local Government Code; and
government employees are exempted from payment of this fee.
45
leather and leatherette factories; machine shops, match factories, paints and
allied products manufacturing; plastic products factories, perfume factories;
plating establishment; pharmaceutical laboratories, repair shops of whatever
kind and nature; rope and twine factories; sash factories; smelting plants;
tanneries; textile and knitting mills; upholstery shops; vulcanizing shops and
welding shops.
(c) Employees and workers in food or eatery establishments such as but not limited to
the following:
(1) Employees and workers in canteen, carinderia, catering services, bakeries, ice
cream or ice milk factories, refreshment parlor, restaurants, sari-sari stores,
and soda fountains;
(2) Stallholders, employees and workers in public markets;
(3) Peddlers of cook or uncooked foods;
(4) All other food peddlers, including peddlers of seasonal merchandise.
(d) Employees or workers in night or night and day establishments such as but not
limited to the following:
Workers or employees in bars; boxing stadium; bowling alleys; billiards and pool
halls; cinema houses; cabarets and dance halls; cocktail lounges; circuses; carnivals and
the like; day clubs and night clubs; golf clubs; massage clinics, sauna baths or similar
establishment; hotels; motels; horse racing clubs; pelota courts; polo clubs; private
detective or watchman security agencies; supper clubs and all other business
establishment whose business activities are performed and consumed during night time.
In cases of night and day clubs, night clubs, day clubs, cocktail lounges, bars,
cabarets, sauna bath houses and other similar places of amusements, they shall under no
circumstances allow hostesses, waitress, waiters, entertainers, or hospitality girl below 18
years of age to work as such. For those who shall secure the Individual Mayor’s Permit
on their 18th birth year, they shall present their respective baptismal or birth certificate duly
46
issued by the local civil registrar concerned.
(e) All other employees and persons who exercise their profession, occupation or
calling within the jurisdiction limits of the Municipality aside from those already specifically
mentioned in Section P.02.
Section 3O.04. Time and Manner of Payment. The fees prescribed in this Article
shall be paid to the Municipal Treasurer this municipality upon filing of the application for
the first time and annually thereafter within the first twenty (20) days of January and every
quarter thereafter. The permit fee is payable for every separate or district occupation or
calling engaged in. Employer shall advance the fees to the Municipality for its employees.
Section 3O.05. Surcharge for Late Payment. Failure to pay the fee prescribed
in this Article within the time prescribed shall subject a taxpayer to a surcharge of
Twenty-five percent (25%) of the original amount of the fee due, such surcharge shall
be paid at the same time and in the same manner as the tax due.
Newly hired workers and / or employees shall secure their individual Mayor’s
Permit from the moment they are actually accepted by the management of any
business or industrial establishment to starts working.
The individual Mayor’s Permit so secured shall be renewed during the respective
birth month of the permittee next following calendar.
(a) The Municipal Treasurer shall keep a record of persons engaged in occupation
and /or calling not requiring government examination and the corresponding payment of
fees required under personal data for reference purpose.
(b) Persons engaged in the above mentioned occupation or calling with valid
Mayor’s Permit shall be required to surrender such permit and the corresponding
Official Receipt for the payment of fees to the Municipal Treasurer and to the Municipal
Mayor respectively for cancellation upon retirement or cessation of the practice of the
said occupation or calling.
Section 3P.02. Time and Payment. The fees specified under this article shall be
paid to the Municipal Treasurer upon application for a building permit from the Municipal
Mayor.
47
Section 3P.03. Administrative Provisions. The application for the construction
and or repair shall be in writing and shall set forth the required information, such as the
location and the general dimension of the building and/or other infrastructure of the
owners as well as that of the architecture or engineer who draw the plan, an estimate of
the entire cost of proposed work, and the following:
a. A copy of the plan showing the location of the building to be constructed with the
reference boundaries of the lot and is constructed in the town proper or poblacion.
Section 3P.04. Penalty. Any violation of the provision of this article shall be
punished by a fine of not more than Two Thousand Five Hundred Pesos (P 2,500.00) or
imprisonment of not more than (2) months, or both at the discretion of the Court.
Provided, that notwithstanding the imposition of fine and imprisonment, the offender shall
be further required to secure the necessary building permit and to pay the corresponding
fees thereof or as required by existing ordinances; Provided further, that in case the
construction of the building or structure is not in conformity with existing regulations, the
offender shall be required to remove or demolish the said building or structure within
reasonable period upon receipt of the order of demolition; and Provided, finally, that upon
failure to remove or demolish the said building or structure, the Municipal Mayor or his
duly authorized representative shall undertake such removal or demolition at the expense
of the offender.
Section 3Q.01. Imposition of Fee. There shall be collected an annual permit fee
for the storage of combustible materials at the rates as follows:
48
b. Storage of cinematographic film 1,000.00
Section 3Q.02. Time of Payment.- The fees imposed in Article shall be paid to
the Municipal Treasurer upon application for his permit with the Mayor to store the
aforementioned substances.
(a) No person shall keep or store at his place of business any of the following
flammable, combustible or explosive substances without securing a permit therefor.
Gasoline or naptha not exceeding the quantity of One Hundred (100) gallons, kept in
and used by launches or motor vehicles shall be exempt from the Permit fee herein
required.
(b) The Mayor shall promulgate regulations for the proper storing of said
substances and shall designate the proper official and shall supervise therefor.
49
(b) Electrical generators and other machine propelled by electric motors will be
levied the same rates found in subsection (a).
Section 3R.02. Time of Payment. The annual fee imposed in this Article shall
be paid to the Municipal Treasurer upon application of the Permit with the Mayor but
not later than fifteen (15) days after the actual inspection by person authorized in
writing by the Mayor. Thereafter, the fee shall be paid within twenty (20) days of
January, or of every quarter as the case may be.
Section 3S.01. Imposition of Fee. There shall be a fee collected for Inspection and
Verification of Subdivision for approval.
6. Certificate of Completion
Certificate Fee - P180.00
Processing Fee - P2,400/ha regardless of density
1. Processing Fee
a. Land Area - P6/sq.m
b. No. of Floors - P240/floor
50
c. Building Area - P4.80/sq.m
Inspection Fee - P200.00
If upon verification and inspection, it is found out that the subdivision is of a bigger
area than what was reported as its areas, the applicant shall pay the fees
corresponding to the area difference and the official receipt therefor shall be presented
to the Sangguniang Bayan before final action is taken on the application.
Section 3S.02. Time of Payment. The fees imposed in this article shall be paid
by the subdivision owner or his representative to the Municipal Treasurer before
verification or inspection is conducted.
51
Over P2Million 2,400 + (1/10 of 1% in excess of P2M)
E. Commercial, Industrial and Agro-Industrial Project of which is:
1. Below P 100,000 Php 1,200.00
2. Over 100,000 - 500,000 1,800.00
3. Over 500,000 – P1 Million 2,400.00
4. Over P1 Million-P2 Million 3,600.00
5. Over P 2 Million 6,000.00+(1/10 of 1% in excess of P 2M)
F. Special Uses/Special Projects
(Gasoline station, cell sites, slaughter house, treatment plant, cockpit, beach
resort, etc.)
1. Below P2Million Php 6,000
2. Over P2Million 6,000 +(1/10 of 1% in excess of P2M)
G. Alteration/Expansion (affected areas/cost only) Same as original
Section 3T.04. Time of Payment. The fees in this Article shall be paid by the
applicant or his representative to the Municipal Treasurer when zoning/locational
clearance is granted.
Section 3U.01. Imposition of Fee. Any person that shall temporarily use and/or
occupy a street, sidewalk, or alley or portion thereof in this municipality in connection
with their construction works and other purposes, shall first secure a permit from the
Mayor and pay a fee in the following schedule:
Section 3U.02. Time of Payment. The fee shall be paid to the Municipal
Treasurer upon application of the permit with the Municipal Mayor.
52
of the street, sidewalk, or alley or portion thereof shall commence from the time the
construction permit is issued and shall terminate only upon the issuance of the
certificate of building occupancy. The Municipal Engineer shall report to the Municipal
Treasurer the area occupied for purposes of collecting the fee.
Section 3V.01. Imposition of Fee. Every person who shall conduct, or hold any
program, or activity involving the grouping of people within the jurisdiction of this
municipality shall obtain a Mayor’s permit therefor for every occasion of not more than
twenty-four (24) hours and pay the Municipal Treasurer the corresponding fee in the
following schedule:
3. Boxing 500.00
Section 3V.02. Time of Payment. The fee imposed in this article shall be paid
to the Municipal Treasurer upon filing of application for permit with the Municipal Mayor.
Section 3W.01 Imposition of Fees. There shall be collected a fee of P 1,500.00 for issuance of
Mayor’s Permit to operate telecommunication facilities within the territorial jurisdiction of the
Municipality of Talibon.
53
Section 3W.02 Time of Payment. The fee imposed on this article shall be paid to the Municipal
Treasurer upon application of the permit with the Municipal Mayor before operation.
Section 3W.03 Administrative Provisions. The Municipal Mayor shall issue rules and
regulations for the effective implementation of this Article.
Section 3W.04 Penalty. Any violation of the provisions of this Article shall be punished by a fine
of One Thousand Pesos (P1,000.00) or imprisonment of thirty (30) days, or both, at the discretion
of the Court.
Section 3X.01. Imposition of Fees. There shall be collected a permit fee of P 500.00 on persons
engaged in the business of hauling and trucking services operating within the Municipality of
Talibon. The fee shall not be collected from hauling and trucking services that merely pass through
the streets of Talibon.
Section 3X.02 . Time of Payment. Surcharge for late payment. The fee imposed in this
Article shall be paid to the Municipal Treasurer or his duly authorized representative before the
hauling or trucking service transacts any business within Talibon. Failure to pay the fee required
herein shall make the taxpayer liable to a surcharge of twenty five percent (25%) of the amount due
which shall be collected and accounted for in the same manner and at the same time as the original
amount due plus interest of two percent (2%) per month but in no case shall the total interest exceed
thirty-six (36) months or seventy-two percent (72%).
54
c.) The weight capacity of roads and bridges shall be carefully
observed by the hauling or trucking services.
d.) A copy of the Mayor’s Permit shall be carried at all times in
each of the trucks for which the permits has been issued.
Section 3X.04 . Penalty. Any violation of the provisions of this Article shall be liable to a
fine of P1,000.00 or imprisonment of thirty (30) days, or both, at the discretion of the Court.
ARTICLE Y. Permit Fee For the Construction of Radio Transmitting Tower and
Communication and Similar Structures.
Section 3Y.01 Imposition of Fees. There shall be collected a fee of P20.00 per linear ft.
height for the issuance of Mayor’s Permit from every individual or entity that shall construct or
cause to be constructed radio transmitting tower of similar structures within the jurisdiction of this
Municipality.
Section 3Y.02 Time and Manner of Payment. The fee imposed in this Article shall be
paid to the Municipal Treasurer after securing building permit and upon application for a permit to
construct radio transmitting tower or similar structures with the Office of the Mayor.
Application for the permit form the Office of the Mayor shall be filed by the actual
contractor or owner who shall thereafter apply for inspection and approval of the construction of
radio transmitting tower or similar structures as soon as the work is completed before the use of said
structure. If the work is not in conformity with the conditions set forth in the permit, the permit and
the fees therefore shall be forfeited. If the work found in conformity with the requirements, the
Mayor shall issue a certificate of approval.
Section 3Y.04 Penalty. Any violation of any provisions of this Article shall be punished
by a fine of not less than One Thousand Pesos (P1,000.00), or imprisonment from one (1) month to
six (6) months, or both, at the discretion of the Court.
55
Section 3Y.05 Applicability of Pertinent Provisions of Laws. All existing laws, rules,
and regulations governing the construction of radio transmitting tower and similar structures are
hereby adopted as part of this Article.
Section 3Z.01 Imposition of Fees. There shall be collected a permit fee of P100.00 on
each irrigation pump built on Municipal Water.
Section 3Z.02 Time and Manner of Payment. The fee imposed above shall be paid in
advance to the Municipal Treasure upon application for a Permit with the Office of the Municipal
Mayor to construct and irrigation pump on municipal waters and within the first twenty (20) days of
January of every year thereafter.
Section 3Z.03 Applicability Clause. All existing ordinances, rules and regulations
governing the construction of irrigation pumps in municipal waters are hereby adopted as part of
this Article.
Section 3Z.04 Penalty. Violations of any provisions of this Articles shall be punished
by a fine of not less than One Thousand Pesos (P1,000.00), nor more than Two Thousand Pesos (P
2,000.00, or imprisonment of not less than two (2) months or more than four (4) months, or both, at
the discretion of the Court.
ARTICLE AA. Permit And Inspection Fee On Electrical And Hand Pump Installation Used
in Business
Section 3AA.01 Imposition of Fee. There shall be collected a fee of P200.00 for issuance of
Mayor’s Permit to install electrical and hand pump within the Municipality.
Section 3AA.02 Time of Payment. The fee imposed in this Article shall be paid to the Municipal
Treasurer upon application for a permit with the office of the Municipal Mayor.
56
Mayor upon favorable recommendation of the Administrator of the Talibon Water Works System
or his duly authorized representative who shall inspect the premises where the pump shall be
installed to determine whether the site and installation of the pump conform with existing
regulations.
Section 3AA.04 Penalty. Any violation of the provisions of this Article shall punished by a fine of
not more than One Thousand Pesos (P1,000.00), or imprisonment of one(1) month, or both, at the
discretion of the Court.
Section 3BB.01 Imposition of Fees. There shall be collected the following annual permit and
inspection fees from individual or entity that shall construct or cause to be constructed artesian well
within the jurisdiction of the Municipality of Talibon.
(a) Artesian Well for personal use with below 200 ft. deep and artesian
well constructed by any agency of the government - Exempted
(b) Artesian well with not more than 400 ft. or 122 meters deep with
well casing of not more than 6 inches or 150 mm. in diameter - 1,000.00
(c) Artesian Well with not more than 800 ft. or 244 meters deep with
well casing of not more than 200 mm. in diameter - 2,500.00
(d) Artesian Well with not more than 1,000 ft. or 305 meters deep with
well casing of not more than 10 inches or 205 mm. in diameter - 5,000.00
(e) Artesian Well with not more than 1,000.00 ft. or 305 meters deep
with well casing of not more than 10 inches or 205 mm. -10,000.00
(f) For ordinary and necessary repair of Artesian Well is exempted but the rate shall be
50% shall be collected if improvement is made.
Section 3BB.02 Applicability Clause. The provisions of Municipal Ordinance No. 6-91 dated
57
July 3, 1991, regulating the use of ground water supply, shall apply.
Section 3BB.03 Penalty Clause. Any violation of the provisions of this Article shall be punished
by a fine of not exceeding One Thousand Pesos (P 1,000.00), imprisonment of not more than six (6)
months, or both at the discretion of the Court.
Section 4A.01. Imposition of Fees. There shall be collected a Mayor’s Clearance Fee of P 20.00
prior to the issuance of the following clearance certificates from the Municipality of Talibon.
1. Police Clearance P 100.00
2. Or any other clearances that may be registered 100.00
3. Mayor’s Clearance to transport or ship out the
following:
a.) Large cattle, per head 100.00/head
b.) Hogs or pigs, per head 25.00/head
c.) Goats, sheep’s, dogs and other
animals, per head 10.00
d.) Fowls: 10.00/head
e.) Logs and lumber, per truckload
or fraction thereof 200.00
f.) Agricultural and marine products:
1.) fruits, spices and vegetables,
per basket, locally known as a
lot or batuwang 5.00/bakat
2.) Grains, per sack of 50 kilos or
fraction thereof 2.00
3.) Other agricultural products, per
standard container ( sack or
basket ) 3.00
Seaweeds per sack 3.00
4.) Fresh fish, preserved fish, prawns
and other crustaceans, per
58
standard container ( can or box ) 5.00
Less than 40 kilos 10.00
Less than 41 kilos but not more
Than 80 kilos 30.00
81 kilos and above 50.00
5.) Firewood, per bundle 1.00
6.) Charcoal, per sack of 20 kilos
or less 1.00
7.) Field stone, sand, gravel and
mineral ores, per cu.m. 5.00
Section 4A.02. Time of Payment. The fee imposed on this Article shall be paid to the Municipal
Treasurer upon application.
Section 4B.01. Imposition of Fees. There shall be collected for services rendered by the local
Treasurer and Assessor of the Municipality of Talibon, the following fees:
TREASURER’S FEES:
a.) Certification of tax payment P100.00
b.) Certification of payment other than tax payment 100.00
c.) Certification of copy of any document on file
per page (double this fee if there are 2 pages in a sheet) 100.00
(d.) Certified Xerox copy or any other copy produced by
Copying machine per page (double this fee if there are
two pages in a sheet) 100.00
(e.) Certified photocopy, per page 100.00
(f.) Certification of tax clearance 100.00
(g). Certification of clearance as to money or property
accountability 100.00
ASSESSOR’S FEES:
59
a.) Certification of copy of tax declaration P100.00
b.) Certified Xerox copy of any other documents
produced by copying machines (double this fee
if there are two pages in a sheet) 100.00
c.) Certification of non-registered property 100.00
d.) Research Fee 100.00
e.) Inspection Fee 200.00
d.)Sketch Map/Vicinity Map 100.00
Section 4B.02. Time and Manner of Payment. The fees shall be paid to the
Municipal Treasurer at the time the request, written or otherwise, for the issuance of a
copy of any municipal record or document at the Office of the Municipal Treasurer and/or
Municipal Assessor is made.
Section 4C.01. Definition of Services Covered. The following shall be the coverage of the
services rendered by the Municipal Legal Services which shall be covered by this ordinance to wit:
(a) Preparation of legal documents such as Deeds for various commercial transaction and
other legal pleadings.
(b) Preparation of Affidavit/Contracts other than (a)
(c) Notarization of all documents
Section 4C.02 Imposition of Fees. There is hereby imposed fees for the following
services of the Municipal Legal Services Department or Office of the Municipal Mayor to wit:
Section 4C.03 Time of Payment. The fees imposed herein shall be paid upon rendition
of the services herein covered and no documents prepared and/or notarized by the Municipal
Attorney shall be released until after the payment of the corresponding fee and had been made to
60
the Treasurer.
Section 4C.04 Exemption. The following shall be exempt from the payment of the fees
herein prescribed.
a.) Notarization of statement of Assets and Liabilities of all Public Officials working or
stationed in the Municipality
b.) Affidavit required in commercial transaction with the municipality; and
c.) Such exceptional circumstances as may be determined by the Municipal Mayor upon
recommendation of the Municipal Attorney.
Section 4D.02. Supplies and Medicine Included. The charges prescribed under the proceeding
section shall include the supplies and medicine required for the rendition of the dental service
therein enumerated as listed hereunder:
61
b.) For amalgam filling burs, mercury, alloy, and cement base, if deep-seated.
c.) For zinc oxide, eugenol filling – burs, eugenol and zinc oxide
d.) For oral prophylaxis pumice, brush for oral prophylaxis, taxi liquid and mentiolate
It is understood that the supplies and/or medicines other than those herein listed, when so
required or needed in the rendition of services provided under Section 1 hereof, shall be
provided by the patient.
Section 4D.03 . Exemption. The following shall be exempted from the payment of the
dental charges herein prescribed:
Section 4D.04 . Collection of Charges. The charges herein prescribed shall be collected
prior to the rendition of the service and the Municipal Treasurer is hereby authorized to device a
system of collection thereof and to prescribed such rules and regulations for the efficient collection
of such charges and which rules and regulations shall be considered as part of the ordinance.
Section 4D.05 . Authority to Receive Donations. The Office of the Municipal Mayor
may accept donations or contributions from dental patients with affluent means and from
philanthropic individuals, associations and juridical entities for the improvement of the dental
services of the municipality provided that such donations shall be duly receipted by the Municipal
Treasurer and authorized by the Sangguniang Bayan.
Section 4E.01. Imposition of Fees. There shall be collected the following fees
from every person requesting for copies of official records and documents from the offices
of this municipality.
Amount of Fee
(a) For every page or fraction thereof
62
typewritten (not including the certificate
and notation) 100.00
(b) For each certificate of correctness (with
seal of Office) written on the copy or
attached thereto 100.00
Section 4E.02. Exemption. The fees imposed in this Article shall not be collected
for copies furnished to other offices and branches of the government for official business,
except for those copies required by the Court at the request of the litigant, in which case,
charges shall be in accordance with the above-mentioned schedule.
Section 4E.03. Time and Manner of Payment. The fees shall be paid to the
Municipal Treasurer at the time the request, written or otherwise, for the issuance of a
copy of any municipal record or document is made.
Section 4F.01. Imposition of Fees. There shall be collected for services rendered by the
Office of the Municipal Civil Registrar of this municipality the following fees:
(a) Marriage Fees:
1. Application for marriage license P 500.00
2. Marriage license fee 200.00
3. Marriage solemnization fee 300.00
4. Pre-marriage counseling fee 150.00
(b) For registration of Court Decree/Order of :
1. Adoption 1,000.00
2. Annulment of Marriage, Legal Separation or Declaration of Absolute Nullity of
Marriage 2,000.00
3. Correction of Entry 300.00
4. Change of Name 300.00
63
5. Presumptive Death 1,000.00
6. Divorce/Legal Separation 2,000.00
7. Naturalization 1,000.00
c) Registration of Legal Instruments:
1. Affidavit of Reappearance 300.00
2. Affidavit of Acknowledgment/Admission of Paternity
(For birth previously registered) 300.00
(For birth not yet registered) 150.00
3. Authorization of Ratification of Artificial Insemination 1,000.00
4. Legitimation 300.00
5. Option to Elect Philippine Citizenship 1,000.00
6. Repatriation P 1,000.00
7. Affidavit to Use the Surname of Father (AUSF) 300.00
(R. A. 9255)
d) Payment for :
1. Certified Transcription from the Civil Register:
a) Birth:
a.1) Local 75.00
a.2) Abroad 150.00
b) Marriage 75.00
c) Death 75.00
2. Certification of No Record 75.00
3. Certified true Copy 50.00
4. Any certifications 75.00
5. Filing Fee for Change of First Name (RA 9048) 3,000.00
6. Filing Fee for the Correction of Clerical Error (RA 9048) 1,000.00
7. Filing Fee for Correction of Clerical Error (RA 10172) 3,000.00
8. Certificate of Finality 100.00
10. Certified Photocopy/page 50.00
11. Security Document 100.00
12. Advice/consent to Marriage 100.00
e.) Service Charge for:
1. BREQS 200.00
2. Migrant Petition (CFN) R.A. 9048 1,000.00
64
(CCE) R.A. 10172 1,000.00
3. Migrant Petition (CCE) (R.A. 9048) 500.00
4. Out of Town Reporting of Events 250.00
5. Endorsement 200.00
f.) Supplemental:
1. Supplemental Report 300.00
h.) Civil Registry Forms:
1. Per Pad 400.00
[Link] set 25.00
h.) Others:
Subscription Fee/Secretary’s Fee 100.00
Section 4F.02. Exemptions. The fee imposed in this Article shall not be
collected in the following cases:
(a) Issuance of certified copies of documents for official use at the request of a
competent court or other government agency, except those copies required by courts at
the request of litigants, in which case the fee should be collected.
(b) Issuance of birth certificates of children reaching school age when such certificates
are required for admission to the primary grades in a public school.
Section 4F.03. Time of Payment. The fees shall be paid to the Municipal
Treasurer before registration or issuance of the permit, license or certified copy of local
registry records or documents.
Section 4G.01. Imposition Fee. There shall be paid for each police clearance
certificate obtained from the Station Commander of the Philippine National Police of this
municipality the following fees:
Amount of Fee
65
and other purposes not hereunder specified 100.00
2. For correction and change of name 100.00
3. For application for Filipino citizenship 1,000.00
4. For passport or visa application 400.00
5. For firearms permit application 600.00
6. For PLEB clearance 200.00
7. For extraction of Police Blotter 100.00
8. Inspection Fee for Tricycle for Hire 100.00
Section 4G.02. Time of Payment. The service fee provided under this Article shall
be paid to the Municipal Treasurer upon application for police clearance certificate.
Section 4H.01. Imposition of Fee. There shall be collected the following annual
fees from each business establishment in this municipality or house for rent, for the
purpose of supervision and enforcement of existing rules and regulations and safety of the
public in accordance with the following schedule:
Amount of Fee
Section 4H.02. Time of Payment. The fees imposed in this Article shall be paid to
the Municipal Treasurer upon filing of the application for the sanitary inspection certificate
with the Municipal Health Officer and upon renewal of the same every year thereafter
within the first twenty (20) days of January.
(a) The Municipal Health Officer or his duly authorized representative shall conduct an
annual inspection of all establishments and buildings, and accessories and houses for
rent, in order to determine their adequacy of ventilation, general sanitary conditions and
propriety for habitation.
66
(b) The Municipal Health Officer shall require evidence of payment of the fee imposed
herein before he issues the sanitary inspection certificate.
Section 4I.01. Imposition of Fee. There will be collected a fee of One Hundred Pesos
(P100.00) from any person who is given a physical examination by the Municipal Health
Officer or his duly authorized representative, as required by existing ordinances.
A fee of Fifty Pesos (P50.00) shall be collected for each additional copy of
subsequent issuance of a copy of the initial medical certificate issued by the Municipal
Health Officer.
Section 4I.02. Time of Payment. The fee shall be paid to the Municipal Treasurer before
the physical examination is made and the medical certificate is issued.
3. Dance schools, dance halls and night clubs - include dance instructors,
hostess, cooks, bartenders, waitresses, etc.
(b) Owners, managers or operators of the establishments shall see to it that their
employees who are required to undergo physical and medical examinations have been
issued the necessary medical certificates.
(c) The Municipal Health Officer shall keep a record of physical and other health
examinations conducted, and the copies of medical certificates issued indicating the name
of the applicant, the date and the purpose for which the examination was made.
Section 4I.04 . Penalty. A fine of Two Thousand Five Hundred Pesos (P2,500.00)
67
shall be paid by the owner, manager or operators of the establishment for each employee
found to be without the necessary medical certificates.
Section 4J.02. Time of Payment. The fee shall be paid to the Municipal
treasurer prior to the vaccination of the dog in close coordination with the Municipal
Agricultural Office and the Office of the Provincial Veterinarian.
(a) Every dog 3 months of age and older should be submitted by the
owner for vaccination against rabies every year. Young dogs
shall be vaccinated within thirty (30) days after they have
reached three months of age.
(b) During free mass dog rabies vaccination campaign, every dog 3
months of age and older should be submitted by the owner for
vaccination. Dogs not submitted on the scheduled date or within
one month thereafter shall be exterminated under the supervision
of the Municipal Rabies Control Authority.
2. It shall be the duty of each trained vaccination when vaccinating any dog
to complete certificate of rabies vaccination (in duplicate for each animal
vaccinated). The certificate shall include the following information.
3. The dog owner shall be provided with a copy of the certificate. The veterinarian/
vaccinator will retain one copy for the duration of the vaccination. A durable metal or
plastic tag, serially numbered issued by the veterinarian/ vaccinator, shall be securely
68
attached to the collar of the dog.
The Provincial Veterinarian and the MAO is tasked to determine the age
of the dogs.
6. Reporting of Biting Incidents - The owner of a dog which has bitten any
person and the person who has been bitten shall, within 24 hours of the
occurrence, report the incident to the Municipal Rabies Control Authority,
a health care worker or a police officer receiving such information who
shall immediately transmit it to the Municipal Rabies Control Authority
for investigation.
7. The owner of a dog which has bitten any person shall be responsible for
all the Treatment and dog examination.
Section 4J.04 . Penalty. Any dog owner who fails to abide by any of the
69
provisions of this ordinance shall be subjected to a fine of One Thousand (P1,000.00)
Pesos without prejudice to the provision of Section 3 (7).
Section 4K.02. Time and Manner of Payment. The fees shall be paid to the
Municipal Treasurer at the time the request, written or otherwise, for the issuance of a
copy of Environment and Natural Resources Clearance is made.
b) Talibon Public Market - refers to the place with buildings and structures
composed of block tiendas, stall, market tables and spaces designated by the
Sangguniang Bayan and located at the Poblacion of Talibon, Bohol, and bounded on
the North, by the sea, on the East, by the road leading to Talibon Wharf, on the South,
by the Bishop’s House, and on the West, by Evangelista Street and whole portion of the
reclamation area.
d) Market Premises – refers to any open space in the Market compound and
not covered by market building, usually occupied by transient vendors especially during
market days.
70
For purposes of this Article, the public market of the municipality of Talibon,
shall be divided into the following section :
1) Fish Section – for fresh fish, clam, oysters, crabs, lobsters, shrimps and
other sea foods or marine products.
2) Meat Section – for all kinds of fresh meat including carabao and horse meat.
3) Dry Good Section – for all kinds of textiles, ready made dresses and
apparels, toiletries, novelties, shoes, handbags, school and office supplies.
4) Grocery and Sari-sari Section – all kinds of cakes, biscuits, butter, cheese,
confectioneries, candies, canned or bottled goods, beverages, softdrinks,
flour, rice, oatmeal, hams, bacons, sugar, nuts, sauces, onions, garlics,
potatoes, eggs, toilet articles, sausages, corn, mongoes, starch, smoked
fish, dried fish, salt, soups and other household or food products, including
firewood and charcoal.
5) Vegetable and Fruit Section – for all kinds of fruits, vegetables and root
crops, such as camote, cassava, etc., and all kinds of fresh and artificial
flowers, pots and vases.
6) Poultry Products Section – for chicken, ducks, birds, ducklings, or piglets,
eggs, etc.
7) Carenderia and Refreshment Parlor Section – for all kinds of cooked foods,
including refreshments and cafes where foods are served.
8) Glassware, Farm and Implement Section – All kinds of farm implements
such as harrow, lilik, lingkaw, ropes and the like, all kinds of kitchen utensils.
This also include plastic products, pots, stoves and other household utensils
made of clay.
9) Miscellaneous Section – this includes beauty parlors, tailors shops,
newspaper and magazine stands, radio and watch repair shops, office
supplies, photo studios.
The number designation or other forms of identifying the market sections shall be the
responsibility of the Municipal Treasurer.
Section 5A.02. Fee for the Privilege to Sell. – In addition to the rental fees for
the privilege to occupy the public market, its facilities and premises owned by the
municipal government, the municipality of Talibon shall impose and collect a fee of Two
Pesos (P 2.00) daily from all merchants occupying fixed tiendas, booths or stalls in the
public markets of Talibon, Bohol. The fee collected shall be corresponding covered
with the issuance of a cash ticket of equal value, and such shall represent a fee for the
privilege to sell.
Section 5A.03. Market Entrance Fee. – In lieu of the regular market fees based
on the spaces occupied, a market entrance fee shall be collected from transient
vendors of the enumerated commodities at the following rates :
a) Fresh Fish
1st Class P30.00/foam
2nd Class P20.00/foam
3rd Class and lower P10.00/foam
71
the rate of market entrance fee per kilo thereof shall be P3.00 to
be paid by the owner.
b) Dried Fish
Sold in regular size boxes (kahon) P20.00/box
Sold in kilos 1st class P2.00/kilo
Sold in kilos 2nd class 1.00/kilo
Sold in kilos 3rd class 0.50/kilo
Sold in kilos 4th class P.50/kilo
e) Crustaceans
Prawns/lobster P5.00/kilo
Alimango, Shrimps/takla P2.00/kilo
Lambay, Uyap P1.00/kilo
Crabs and Other P1.00/kilo
i) Meat
Carabeef and beef P2.00/kilo
Pork, Venison P2.00/kilo
Goat Meat P3.00/kilo
Fowls and other kind of meat P1.00/kilo
j) Miscellaneous Articles
Tuba, in container P10.00/ container
Tuba, in gallon P2.00/gallon
Fresh Fruits (local) P1.00/kilo
(imported) P2.00/kilo
Vegetables P1.00/kilo
72
Tobacco Leaves P25.00/bundle
Peanuts in sacks P20.00/sack
Cacao P2.00/kilo
Coffee beans P2.00/kilo
Corn (grain, grits), palay, polard, poultry and
Animal feeds, rice, sorghum, rice and
corn bran, prawn and other fish feeds P5.00/sack
Mongos and beans P1.50/kilo
Bread, cakes, biscuits and similar articles P10.00/dealer
Charcoal in sacks P10.00 per sack
Firewood P0.25/bundle
Honey P2.00/bottle
Nipa P10.00/bundle
Nito, rattan atrings, rattan poles, resin,
Saong and other forest products P1.00/kilo
Coconuts P0.50/piece
Copra, cassava chips, salt, flour, starch, sugar
(muscovado, refined sugar) P0.10/kilo
Sugarcane P0.50/kilo
Native cheese, milk and eggs P1.00/kilo
Spices (all kinds) P0.50/kilo
Used clothing P10.00/bundle
Mats and hats P1.00/piece
Bamboo crafts, batuarang or sangka, ceramics
and poultry & other home industry products P0.50/bundle
Metal and tinsmith products P0.50/piece
Ropes (synthetic and native fibers) P0.50/roll
Baskets, nigo and arayan P1.00/piece
Stone crafts P0.10/piece
Shell crafts P1.00/piece
Ice P1.00/block
Other articles P1.00/piece
Marginal Farmers shall be exempt from the imposition.
RATE OF FEES
a) For rice, corn, sugar, and other agricultural products 4.00/sack
b) For pigs (all sizes) P4.00 /head
c) For goats, sheeps, etc., P4.00/head
d) For chicken, ducks. Or fowls P0.50/head
e) For fresh eggs P1.00/tray
f) For vegetables and fruits P50.00 /vehicle
g) For one jeepney, pick-up load of goods
73
or merchandise, regardless of kind P100.00/vehicle
h) For one truckload of goods or merchandise
regardless of kind P200.00/truck
i) For every fish, sea foods and/or
marine products brought into the vicinities
of the public markets or in other places
within the territorial jurisdiction of the
Municipality by producers, distributors or
Wholesalers, there is hereby imposed a fees of P200.00/truck
Section 5A.05. Time and Manner of Payment. – The fees imposed under this
Article shall be paid to the municipal Treasurer or to his duly authorized representative,
monthly in advance with regards to permanent leases, and whether the merchandise,
goods or commodities are displayed directly or indirectly to public view and whether
sold or not, unless the stallholder or parties concerned desire to pay in advance for a
longer period, in which case, payments shall be accepted and corresponding official
receipts issued.
The municipal mayor or his duly authorized representative has the exclusive
power and authority to designate the spaces and/or stalls to the vendors of any article
or merchandise in the public market of Talibon, Bohol according to the class and quality
of the said articles or merchandise to be sold or offered for sale inside the market
buildings and in their premises, including the collection of fees, standardization,
classification and/or grouping and re-grouping of merchandise, goods, wares or
commodities to be sold inside the public markets.
(b) Collection of occupancy fee and issuance of cash tickets therefore. – The
fee for the occupancy of a part of the market premises shall be collected at the gates of
the public markets of Talibon before the transient vendors are allowed to occupy the
spaces in the market premises. The amount of the fees to be collected shall be
determined on the basis of the area or space in the market premises that the bundle,
sack, can, cartload or commodities or merchandise of the vendor will occupy, if
displayed.
74
In case the vendor from whom an entrance fee was collected occupies any
space with an area in excess of what he paid for, he shall be required to pay the correct
amount of fee due thereon, less what he may have already paid as entrance fee, and
the appropriate surcharge.
© Extent of Market Area. – For purposes of this Article, the buying and selling of
goods or transactions made within a radius of one (1) kilometer from the market
compound, except those done in duly-licensed fixed establishments engages in the
buying and selling of any article of commerce, are considered to have been made within
the market premises and therefore, subject to the market fees in this Article.
a) The lessee of a stall, who fails to pays the monthly rental fee within the
prescribed period shall pay a surcharge of twenty-five percent (25%) of the total rent
due. Failure to pay the rental fee for three (3) consecutive months shall cause
automatic cancellation of the contract of lease of stall, without prejudice to suing the
lessee for the unpaid rents at the expense of the lessee. The stall shall be declared
vacant and subject to adjudication.
b) Any person occupying space in the market premises without first paying the
fee imposed in this Article shall pay three (3) times as much as the regular rate for the
space occupied.
c) Any person occupying more space than what he has paid for shall pay at the
regular rate for such space.
75
posted conspicuously on the unoccupied stall and the bulletin board of the market. The
notice of vacancy shall be written on cardboard, thick paper or any other suitable
material and shall be in the following form:
NOTICE
Any person, 21 years of age or more and is not legally, incapacitated, desiring to
bid for the lease of this block/booth/stall, shall file an application thereof therefore on the
prescribed form (copies may be obtained from the Office of the Municipal Mayor, through
the Chairman of the Market Adjudication Committee, during office hours and before 12:00
o’clock noon of _______________________ 20_____.) The award of the lease of the
vacant block tienda/booth/stall will be determined thru sealed bids to be conducted on
____________________ 20____ at 12:00 o’clock noon at the Office of the Municipal
Mayor by the Market Adjudication Committee. This block tienda/booth/stall is found in the
___________________ Section and is intended for the sale of
__________________________.
MUNICIPAL MAYOR
(2) It shall be the duty of the municipal mayor to keep a register book
showing the names and addresses of all applicants for a stall, the number and
description of the stall applied for, and the date and hour of the receipt by the
mayor of each application. It shall be the duty of the mayor to acknowledge
receipt of the application setting forth therein the time and date of receipt
thereof.
______________________
Address
76
______________________
Date
Sir/Madam:
I hereby apply under the following contract for the lease of block
tienda/booth/stall numbered ____________ of the ____________ Public
Market. I am ____ years of age, a citizen of the Philippines,
single/married/widowed/separated and residing at
____________________________________________________________.
Very respectfully,
______________________
(Applicant)
77
Province of Bohol ) S.S.
Municipality of Talibon )
X - - - - - - - - - - - - - - - - - - -/
____________________________
Official Title
CONTRACT OF LEASE
- and -
WITNESSETH
That LESSOR hereby leases the aforesaid stall in favor of the LESSEE, subject
to the following terms and conditions:
78
[Link] this contract of lease will terminate on
_________________________________. Provided that all other conditions
stipulated herein in provisions of applicable laws and ordinances shall have
been complied with and the corresponding deposits and rentals are paid
accordingly, subject to renewal upon its termination for another year unless
events and conditions obtaining at the time prevents its renewal.
4. That LESSEE shall pay the corresponding rentals for the stall/booth/block
tienda/table/space at rates fixed by existing municipal ordinance, in advance,
within the first twenty (20) days of the month. Failure to pay on time, the
LESSEE shall be imposed a surcharge of twenty-five (25%) percent of the
unpaid rentals plus an interest of two (2%) percent at the first five (5) days of the
following month.
5. That the LESSEE shall keep the Block Tienda/Table/Stall/Space in good
sanitary condition at all times and shall comply strictly with all sanitary laws and
market rules and regulations now existing and which may hereafter be
promulgated.
6. That the LESSEE while occupying the Block Tienda/Table/Stall/Space shall
personally conduct his/her business and be present herein and shall at all times
have his/her picture and that/those of his helper/helpers conveniently framed
and hung conspicuously in the establishment.
7. That the business to be conducted in the Block Tienda/Table/Stall/Space
which shall belong exclusively to the LESSEE shall be in accordance with the
sectioning or arrangement plan provided by existing municipal ordinance. If the
license and permit of the business conducted therein is in the name of another
person other than the LESSEE the same shall be a valid cause for the
termination of the lease;
8. That the LESSEE is absolutely prohibited to use as collateral or security of
any loan of money or property the leased property;
9. That the LESSEE may waive/sublease, and/or transfer his/her rights on the
leased property when there is endorsement from the Market Supervisor, the
Municipal Treasurer and the Municipal Mayor and approved by the
Sangguniang Bayan. Provided that, all delinquent taxes, rentals and occupancy
fee of the former occupants are fully paid. Provided further, that, the new lessee
whom the rights to leased property is transferred shall pay the required
occupancy fee before using the property;
10. That the LESSEE shall not remove, construct, or install any electrical wiring
or plumbing fixtures on the leased property without prior written permit from the
Market Administrator/Municipal Treasurer and approved by the Municipal
Mayor/LESSOR;
11. That the LESSEE shall not remove, construct, store, or keep combustible or
highly inflammable materials such as kerosene, gasoline, alcohol, and other gas
products or any other obnoxious substance which are dangerous to health or
life;
12. That all charges for water, power and gas consumption shall be for account
of the LESSEE;
13. That the LESSEE shall not alter any structure or portion of the leased
property nor make an extension thereof without written permission from the
Market Administrator/Supervisor, Municipal Treasurer and approved by the
Municipal Mayor/LESSOR; Any improvement or extension made shall become
property of the municipality;
14. That the LESSEE shall not close his establishment or abandon the leased
79
property without prior notice at least five (5) days before closure or retirement of
business or abandonment, provided, that in case of death and incapacity of the
LESSEE, any heir, in case of partnership, the surviving partner shall inform the
LESSOR within ten (10) days following the occurrence of the event for
appropriate action;
15. That the LESSEE shall not utilize the leased property or its premises or
portion thereof as a residence or for dwelling purposes nor use the same for the
shelter of animals;
16. That the LESSOR or its duly authorized representative shall be allowed at
all reasonable time or enter and examine the leased property and its premises
to enforce the provision of this contract and make repairs to keep the same
suitable for use which it has been leased and for the preservation thereof,
provided, that the cost of the repair on the damages or destruction of the leased
property caused by the LESSEE shall be charged against the latter.
Furthermore, the LESSOR shall not be liable for any damages or injury or loss
of any merchandise on the leased property however caused;
17. That the LESSOR hereby warrants that the LESSEE shall peaceably hold
and enjoy the use of the leased property during the life time of this contract;
18. That in case of breach by the LESSEE of any of the terms or conditions
stipulated in this contract, the LESSOR may, while the breach or default
continues and not withstanding any waiver or any prior breach of conditions,
without notice or demand, enter upon the leased property and thereby informed
the LESSEE of the termination of this contract and direct him/her to vacate and
remove his/her merchandise and other properties; or the LESSOR shall cause
its removal but charge the costs thereof to the LESSEE; and
19. That the LESSEE shall include his/her executors, administrators, legal
representatives or assigns the terms, conditions, covenants, stipulated and
agreements of this contract shall be binding upon and/or insure to the benefit of
the person so embodied in said terms as enumerated above.
20. That the expenses for the preparation, its documentation and notarization
shall be borne by the LESSEE;
IN WITNESS WHEREOF, the parties have hereunto set their hands this
_________day of ____________________,20_______at
____________________________, Philippines.
MUNICIPALITY OF TALIBON
Lessor
______________________________________ By:
______________________________
Stallholder/Lessee Municipal Mayor
80
SIGNED IN THE PRESENCE OF:
__________________________________ and
___________________________________
(Print Name) (Print Name)
ACKNOWLEDGMENT
WITNESS MY HAND AND SEAL at the place and on the date above – written.
_______________________
Notary Public
81
Book No. ______________:
Series No. _____________:
(4) Applicants who are residents of this Municipality or this Province and Filipino
citizens shall have preference in the lease of public markets block
tiendas/booth/stalls/market space. If on the last set for filing applications,
there is no application from a resident of this Municipality or this Province and
a Filipino citizen, the posting of the Notice of Vacancy prescribed above shall
be repeated for another ten-day period. If after the expiration of that period
there is still no resident of this Municipality or this Province and a Filipino
Applicant, the block tiendas/booth/stall/market space affected may be leased
to any alien applicant who filed his application first. If there are several alien
applicants, the adjudication of the block tienda/booth/stall/market space shall
be made thru sealed bids to be conducted by the Market Adjudication
Committee.
In case there is only one resident of this Municipality or province and a Filipino
applicant, the block tienda/booth/stall/market space applied for shall be
adjudicated to him. If there are several residents of this Municipality or province
and Filipino applicants for the same block tienda/booth/stall/market space,
adjudication of the same shall be made thru sealed bids to be conducted by the
Market Adjudication Committee on the date and hour specified in the notice. The
result of the bidding shall be reported immediately by the Committee to the
Municipal Mayor for appropriate action. Dummies are absolutely prohibited.
(5) The successful applicant shall immediately pay the full amount of his bid to the
Municipal Treasurer and furnish the Municipal Mayor with two (2) copies of
his/her picture immediately after the award of the lease. It shall be the duty of
the Mayor or his authorized representative of affix one (1) copy of the picture
to the application and the other copy to the record card kept for that purpose.
(d) Appeals – Any applicant who is not satisfied with the adjudication made by the
Municipal Mayor or the Market Adjudication Committee of the block
tienda/booth/stall/market space applied for, may file an appeal with the
Sangguniang Bayan who may submit such appeal with its comment and
recommendation as it may desire to make on the matter. The decision of the
82
Sangguniang Bayan in such cases shall be final.
83
employed as helpers shall under no circumstances, be persons with
whom the block tienda/booth/stall/market space holder has any
commercial relation or transaction.
(d) Sub-leasing and/or waiver of rights to occupy block
tienda/booth/stall/market space – The LESSEE may sublease and/or
waive his/her rights on the leased property when there is consent and
approval of the LESSOR.
Section 5A.12. Turn Key Condition. Any person who is granted authority by the
Sangguniang Bayan to construct at his own expense a block tienda or commercial
establishment on a municipal lot shall first enter into a memorandum of agreement or
contract of lease with the municipal government, through the municipal mayor. The
Memorandum of Agreement shall stipulate a period of ten (10) years or as determined by
the Sangguniang Bayan within which the owner shall pay monthly rentals for the use of
the lot only. After the lapse of ten (10) years from the completion or occupancy of the
building, whichever comes first, it shall ipso facto become the property of the Municipal
government.
84
foodstuffs, which easily deteriorate, like fish and meat, is hereby
prohibited.
(b) No person shall utilize the public market or any part thereof for
residential purposes.
(c) It shall be unlawful for any person to peddle, hawk, sell or offer for
sale, any article in the passageway (pasillo) use by purchasers in
the market premises.
(d) It shall be unlawful for any person to resist, obstruct, annoy or
impede any market employee or personnel in the performance of
his duties, nor shall parents allow their children to play in or around
their stalls or in the market premises.
(e) No merchandise or article shall be sold, offered for sale or exposed
for sale in the public market unless the same was acquired by the
vendor or stall holder and that taxes of any kind due thereon had
been paid.
(f) It shall be unlawful for any lessee to remove, construct electrical
wiring, or water connection without prior permit from the market
administrator and approved by the Municipal Mayor.
(g) The Municipality of Talibon shall not be responsible to the
occupants of stalls for any loss or damage caused by fire, theft,
robbery, “force majeure” or any other case. All articles or
merchandise left in the public market during closure time shall be at
risk of the stall holder or owner thereof.
(h) All articles abandoned in any public market building in violation of
any provisions of this Article or any regulation or rule on the
management of the market, shall be deemed a nuisance. It shall
be the duty of the Market Administrator or his subordinates to take
custody thereof. In case the articles are claimed within twenty-four
(24) hours thereafter, they shall be returned to their original owners
upon payment of actual expenses incurred in their safekeeping,
unless they have so deteriorated as to constitute a menace to
public health in which case they shall be disposed of in the manner
as directed by the Mayor, who may also in his discretion, cause the
criminal prosecution of the guilty party, or merely warn him against
85
future violation. In case where the articles have not deteriorated
and are not claimed within the time herein fixed, said articles shall
be sold at public auction, and the proceeds thereof shall be
disposed in accordance with law.
Section 5B.02. Grant of Fishery Rights by Public Auction. Exclusive fishery rights
to erect fish corrals, operate fishpond or oyster culture beds take or catch “bangus fry”
or “ kawag-kawag” or fry of other species of fish for propagation shall be awarded to the
highest bidder in public auction to be conducted by a committee herein created for that
purposes.
Section 5B.04. Conduct of Public Auction. The aforesaid Committee shall advertise
for sealed bids the leasing of a zone or zones of the municipal water, as designated by
the Sangguniang Bayan, in a public auction for two (2) consecutive weeks in the
bulletin boards at the Municipal Hall. If no bids are received within that period, such
notice shall be posted again for another two (2) weeks. If after said two (2) notices for
86
the grant of exclusive fishery rights through public auction and still there are no
interested bidders; the committee shall grant the rights within a definite area or portion
of the municipal water to any interested person, natural or juridical, upon payment of
the license fees fixed in this Code.
The notice of advertising in the call for bids shall indicate the date, place and
time when such bids shall be filed with the Municipal Treasurer.
At the time and place designated in the notice, the Committee sitting en banc
shall open all the sealed bids and award the lease to the qualified and successful
bidder who offered the highest bid. The lease contract shall be executed within ten (10)
days after the award made by the Committee and should the successful bidder refuse
to accept, or fails, or neglect to execute the lease within the said period, his deposit
shall be forfeited in favor of the Municipal Government. In such a case, another bidding
shall be held in the same manner herein before prescribed.
Section 5B.05. Duration of Lease. The grant of lease or fishery right through Public
Auction shall be for a period of two (2) years.
Section 5B.08. Renewal of Fishery License. The fishery license shall be renewed
annually. The holder shall have sixty (60) day prior to the expiration of the license to
renew.
Section 5B.09. Licensing Procedures. Applicants for fishery license shall submit the
following documents to the Municipal Agriculture Office (MAO).
87
Section 5B.10. Schedule of License Fee. License to use, occupy, produce, culture,
capture or gather fish of any species and other fishery products in the municipal waters
shall be granted by the municipal mayor upon payment of corresponding fees at the
rate not exceeding those fixed hereunder. Provided, however, That registered fishers
from other municipalities who maybe permitted to use the municipal waters of this
municipality shall pay double the rate fixed hereunder.
(b) Fish Corrals or Fish Pens in Inland Fresh Waters: Annual Fee
1. Less than 500 sq. m. - 200.00/unit
2. 500 sq. m. more but less than 1,000 sq. m. - 400.00/unit
3. 1,000 sq. m. more or less than 5,000 sq. m. - 720.00/unit
4. 5,000 sq. m. more but less than 10,000 sq. m. - 1,000.00/unit
88
1,000 sq. m. or more or less than 5,000 sq. m. - 1,000.00
5,000 sq. m. or more but less than 10,000 sq. m. - 1,500.00
(g) Lease for Seaweeds Farms per Square Meter (five centavos) - P.05 or
500/hectare/year
Section 5B.12. License Fees on Fishing Gears. The privilege of taking or catching fish
in the municipal waters with nets, traps, or other kinds of fishing gear or paraphernalia,
with or without fishing boat or vessel three (3) gross tons or less, shall be issued by the
office of the Mayor to any qualified person, natural or juridical upon payment of the
corresponding fees prescribed hereunder;
(b) Traps:
Bobo, Ligid (for every 5 units or less) - 200.00
Bobo, Ligid( 5 units above or more) - 300.00
Panggal (for every 30 units or less) - 200.00
Panggal ( 30 units above or more) - 300.00
(c) Spear Fishing or Pamana( solo) - 200.00
89
Spear Fishing or Pamana ( 2 or more onboard) - 300.00
(d) Hook and line for consumption - 0
(e) Gathering/gleaning ( solo) - 0
Gathering/ gleaning ( 2 or more onboard) - 300.00
(f.) Other Fees:
DA Clearance - 100.00
Mayors Permit - 200.00
Fisherfolks I.D. - 25.00/every 3 years
There shall be collected the following annual registration fees from the owner of
each fishing boat or motor boat of three (3) tons or less being operated within the
municipal waters of this municipality.
Section 5B.14. Imposition of Fees for the Issuance of “Auxiliary Invoice” for
purposes of Transporting fish and other aquatic resources.
90
l) Alimango- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 10.00/box
m) Boncaliw/Gangan- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -5.00/box
n) All other unclassified marine products- - - - - - - - - - - - - - - - - - - - -10.00/box
Provided, that shippers or fish dealers who have paid for the auxiliary invoices
in another LGU as proven by the production of said auxiliary invoices, shall not be
required to pay the amount prescribed above all but shall only pay the difference
thereof, if any. Provided further, that cargoes of fish or fish products shall submit for
inspection if requested by any authorized Fish Warden or other deputize fishery officers
at the fish port before transporting them to other places, either by water or land
transportation.
a. The license or fees levied herein may be paid quarterly upon application
within the first (20) days of January and of every subsequent calendar quarter. The
initial payment corresponding to be current quarter shall be made upon application of
the license.
b. The license fee for the privilege to take fish from municipal water with nets,
traps or other fishing gears and the operation of fishing vessels shall be paid upon
application of the license.
Section 5B.16. Surcharge for late payment. Failure to pay the fees prescribed in this
Article within the time required shall subject the individual to a surcharge of twenty-five
(25) % of the original amount due, such surcharge to be paid at the same time and in
the same manner as the amount due.
Section 5B.19. Applicability Clause. Other existing policies, rules and regulations
91
pertaining to fishery and the use and utilization of the municipal waters shall be governed
by Municipal Ordinance No. 2006-162 otherwise known as the Talibon Fishery Code of
2005 and other related existing ordinances.
Section 5C.01. Imposition. The following rates of rental fees for the use of real
and personal properties of this municipality shall be collected:
Rate of Rental
1) Land Only (per sq.m)
92
1.) Dump trucks P 650.00/hr
2.) Cargo Truck (Dangpanan) 250.00/hr
3.) Pay loader 1,000.00/hr
4.) Road Grader 1,000.00/hr.
5.) Road Roller 1,000.00/hr.
6.) Backhoe 1,000.00/hr.
7.) Heavy Tractor 1,000.00/hr.
8.) Bulldozer 1,500.00/hr.
9.) Hand Tractor 200.00/hr.
10.) Mechanical Drier 15.00/sack
11.) One Bagger Concrete Mixer 100.00/hr.
12) Fogging Machine 500.00/day or fraction thereof
13) Grass Cutter 100.00/hr.
14) Xerox Machine:
Normal Reproduction 2.00/copy
Enlargement/Reduction 2.50/copy
4. Mechanic Charges of Motorpool:
1. General Overhauling Diesel Engine P4,000.00 1,000/cylinder
2. General Overhauling Gasoline Engine 3,500.00 875/cylinder
3. Semi-Overhauling Diesel Engine 3,500.00 875/cylinder
4. Semi-Overhauling Gasoline Engine 3,000.00 875/cylinder
5. Pull out and reinstallation of transmission -- (1,500.00)4-6wheels vehicles 6.
Engine Trouble Shooting -- (200.00-500.00)
-- (1,500.00 Pull out of cylinder Head)
7. Engine Overhaul -- (3,000.00) 4 wheel light vehicles
-- (1,500.00 every Piston Cylinder)
8. Pull out of differential and axle -- (500.00) 4 wheels
-- (600.00) 6 wheels
9. Brake system trouble Shooting -- (1,500.00) 6 wheels
-- (800.00) 4 wheels
10. Welding Job -- (20.00) per Rod
11. Acetylene -- (150.00 minimum) excess will be computed to
by inches @ 50.00 per inch
12. Pull out and Install Driveline -- (500.00)
93
13. Tire Services (Vulcanizing) -- (25.00) Motorcycle
-- (40.00) Multicab
-- (60.00) 6 Wheel Trucks
-- (500.00) Road Roller and Loader
-- (100.00) Grader Tire
5. Vehicles and Equipment:
For the use of Municipal Ambulance (inclusive of fuel for Talibon residents,
exclusive of fuel for non-residence of this municipality)
a) 1st five (5) kilometers - P 100.00
b) Additional charge per kilometer exceeding
five (5) kilometer radius - 10.00
Section 5D.02. Time and Manner of Payment. There shall be paid to the Municipal
Treasurer for the issuance of the Certificate of Payment for Garbage Collection Service,
an annual fee in garbage collection. Payments can be made on a quarterly basis, to be
paid within the first twenty ( 20 ) days of the month of every quarter on the following
rates:
A. Manufacturers
A.2. Agricultural and aquatic resources product which include the following -
P1,100.00
a) Bihon, miki, miswa, and other similar products.
b) Boxes
94
c) Candles
d) canned goods
e) Capiz articles and other shell products
f) Coffe and chocolates
g) Dyes, ink, paste and other similar products
h) Candies
I ) Ice
J ) Ice cream, ice drops and other similar products
k) Sauce, sausage, baloney, hotdogs, frankfurters and other similar products.
A. 6. Heavy equipment and motor vehicles and the like which include the
following……………………………………………………………………P1,265.00
a) Mechanic apparatus and engines
b) Motor vehicles and equipment assembly plants
c) Spare parts and other
d) Batteries
A. 7. Construction products and supplies and the likes which include the
following………………………………………………………………………… P1,650.00
a) Aluminum
b) Any kinds of Articles made of steel
c) Bricks, hollow blocks, ceramics, tiles and other similar products
95
d) Iron works and related activities
e) Glassware
f) Mirror
g) Furniture/Carpentry Shop
h) Pianos, auto pianos, pipe organs and other musical instrument.
B. Wholesale/Retail Trade
B.3. Bakeshops
a) With 3 or more ovens………………………………………………… P880.00
b) With 2 ovens or less………………………………………………… P660.00
B.4. Department Store , Bazars, Boutiques, Gift Shops, novelty Shop, dry goods,
Variety Stores(General Merchandize),Shoe Stores and other related stores.
a) More than 200 square meters………………………………………...P1,650.00
b) 100 to 200 square meters…………………………………………… P1,320.00
c) 50 to 100 square meters……………………………………………… P990.00
d) 10 to 50 square meters……………………………………………..........P880.00
e) Below 10 square meters………………………………………………… P660.00
96
B.10. Music Store, Record Bar, Musical Instruments Supply and other related
materials…………………………………………………………………………… P660.00
B.11. Book store, Art, Office and School Supply, Photo Supply……………… P 660.00
B.17. Dealer of Motor Vehicles, Spare Parts and Accessories other supply… P660.00
B. 20. Establishment engaged in the buy and sell of the other food commodities not
specifically enumerated above ……………………………… P660.00
C. SERVICES
97
C.2. Fast Food/ Food Caterers
a) Which was non-biodegradable-disposal packing materials and products -
P1,100.00
b) Uses biodegradable-disposal packing materials and products……P 660.00
C.3. Food stand, Barbecue stand, Fruit stand and Vegetable stands and other food
items ………………………………………………………………………P 330.00
C.5. Night Clubs, disco Houses, Cocktail Lounges, Beer Gardens, Bars and other
similar establishment with Aggregate floor are of :
a)More than 200 square meters…………………………………… P1,650.00
b) 100 to 200 square meters………………………………………… P1,320.00
c) 50 to 100 square meters…………………………………………… P 990.00
d) Below 50 square meters………………………………………………P880.00
C.9. Private Universities, Colleges, Secondary School and other Training and
Vocational institution , Nursery and Primary Schools:
a)More than 400 square meters………………………………………P1,650.00
b)200 to 400 square meters………………………………………… P1,320.00
c)100 to 200 square meters………………………………………… P 990.00
d)Below 100 square meters………………………………………… P 880.00
98
C. 15. Beauty Parlor and Shops
a)With 3 or more personnel……………………………………………… P990.00
b)With less than 3 personnel………………………………………………P 528.00
[Link] Parlors
a)Without chapel/mortuary……………………………………………… P1,320.00
b)With chapel/mortuary………………………………………………… P1,980.00
C.25. Blue Printing, Xerox Copying & other related business……………… ..... P660.00
C.27. Photo Shop, Wood Lamination, Photo static and related business… P 660.00
C.29. Repair of Motor Vehicles & Bodies of Motor Vehicles including vulcanizing shops
and welding shops:
a)More than 100 square meters……………………………………… P1,980.00
b)50 to 100 square meters……………………………………………… P980.00
99
c)10 to 50 square meters……………………………………………… P880.00
d)Below 10 square meters…………………………………………. . . P 660.00
C. 32. Repair of pianos, organs and other similar musical instrument… . . . . . . P660.00
C.33. Machine shops for any other purposes including rewinding shops:
a) Having an area of more than 100 square meters………………… P1,320.00
b) 50 to 100 square meters below……………………………………… P1,100.00
c) 25 to 50 square meters………………………………………………… P 880.00
d) 25 square meters and below…………………………………………… P660.00
C. 36. Parking Lot and Terminal Areas for Bus, Cars and other Public Utility Vehicles:
a)With an area of more than 200 square meters………………… P1,650.00
b) With an area of 100 to 200 square meters………………………… P 1,320.00
c) With an area o 50 to 100 square meters…………………………… P1,100.00
d) 50 square meters and below………………………………………… P 880.00
100
C. [Link] and Upholstery shop:
a) More than 200 square meters……………………………………… P1,430.00
b) 100 to 200 square meters…………………………………………… P1,320.00
c) 50 to 100 square meters……………………………………………… P1,100.00
d) 25 to 50 square meters……………………………………………… P 880.00
e) 25 square meters and below…………………………………………… P660.00
C. 43. All other business, trade, occupational and other classification ……… P660.00
D.2. Pawnshops………………………………………………………………………P660.00
D.3. Investment and other holding companies, security dealers & community
exchange . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. .P660.00
D.5. Financing…………………………………………………………………………P660.00
E. INSURANCE:
E.1. Insurance companies or offices for all types of insurance both life & non-life . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . P660.00
101
or tag per bag is required for residential houses.
a) The sticker must be used for boxes and drums containing wastes.
b) Tags are used for sando bags and sacks.
c) Each tag corresponds to the type of container that utilize for disposing of
garbage.
d) Prices of each tag or stickers shall be as follows:
d.1. P1.50-For one sando bag worth one pesos/one bag of
cement/one small box/one half Drum.
d.2. P3.00-For one [Link]/one big black plastic/one big box/one
drum.
Section 5D.04. Dumping Fee. Any private entity who will dump or dispose garbage in
the dumping site/sanitary landfill of this municipality shall be charged as follows:
For Biodegradable………………………………………………….P 15.00/cu.m. or
barrel.
For Non-Biodegradable…………………………………………. P 30.0/cu.m. or
barrel.
Section 5D.05. Applicability Clause. Other existing policies, rules and regulations
pertaining to Solid Waste and Garbage Collection shall be governed by Municipal
Ordinance No. C-003 or the Ecological Solid Waste Management Code of Talibon,
Bohol and other existing pertinent ordinances.
Amount of Fee
1. Medical Fees
102
Radiologic Procedures:
ECG - -- - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - 250.00
Chest X-ray Standard- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 180.00
Chest X-ray Small - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 135.00
Laboratory Procedures:
Hematology:
Complete Blood Count- - - - - - - - - - - - - - - - - - - - - - - - - - 150.00
Hematocrit - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -75.00
Hemoglobin- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -75.00
Platelet Count - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 100.00
Peripheral Smear- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 130.00
Bleeding Time - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -60.00
Clotting Time - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -60.00
ESR - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -60.00
Prothrombin Time - - - - - - - - - -- - - - - - - - - - - - - - - - - - - -100.00
Retic Count - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -60.00
Differential Count- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 60.00
RBC Count - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 60.00
WBC Count- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 60.00
Red Cells Indices- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 120.00
Depo Provera Injection Per Vial- - - - - - - - - - - - - - - - - - - - - - - - - -150.00
Condom per 3 pieces - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 10.00
Doppler Ultra Sound per session- - - - - - - - - - - - - - - - - - - - - - - - - - 50.00
Pregnancy Test- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 150.00
Delivery Package:
Primy- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 2,000.00
Multi - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 1,500.00
New Born Screening (Non-PhilHealth member)- - - - - - - - - - -1,500.00
Post Partum Care (per visit)- - - - - - - - - - - - - - - - - - - - - - - - - - - 30.00
Lost HBRM- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -10.00
Child Health Services:
Primary Immunization Package- - - - - - - - - - - - - - - - - - - - - - - 50.00
(BCG, DPT, OPV, Measles)- - - - - - - - - - - - - - - - - - - - - - - - - -50.00
Cord Dressing - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 10.00
Lost ECCD Card- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -10.00
Medicines:
Pediatric Syrup/Suspension - - - - - - - - - - - - - - - - - - - - - - - - - -20.00/bottle
Adult Tablet- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 2.00/tablet
Adult capsules- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 5.00/cap
Stool Exam- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 60.00
Urinalysis- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- -100.00
Burial Fees:
1. Burial Permit Fee 100.00
2. Fee for exhumation of cadaver 200.00
3. Fee for disinterment/ removal of cadaver 150.00
4. Fee for entrance of cadaver from other places 150.00
5. Fee for transfer of cadaver to other places 150.00
103
6. Fee for cremation 100.00
7. Cemetery Fee 50.00
Section 5E.02. Time and Manner of Payment. The fees herein shall be paid
upon application or after the extension of service. In no case shall deposit be required in
emergency cases requiring immediate attention.
An indigent is one who belongs to a family whose family income does not exceed
P50,000.00 per year of the poverty line established by NEDA, whichever is higher.
Section 5F.02. Time of Payment. The fee shall be paid to the Municipal
Treasurer upon application for a burial permit prior to the construction thereon of any
structure whether permanent or temporary, or to the interment of the deceased.
Thereafter, the fee shall be paid within twenty (20) days before the expiration of the lease
period.
The fee shall not be collected in a pauper's burial, upon recommendation of the
Municipal Mayor.
(a) As used in this Article, Municipal Cemetery shall refer to the lot owned by this
municipality located at San Jose, Talibon, Bohol.
(b) A standard cemetery lot shall be three (3) meters long and one (1) meter wide or
three (3) square meters.
(c) Except in cases allowed under existing laws and regulations, no person may be
buried or interred, permanently or temporarily, other than in properly designated
cemeteries or burial grounds.
(d) In addition to the burial permit, a certificate of death issued by the attending
physician or Municipal Health Officer; or, if no medical officer is available, by the Municipal
Mayor, Municipal Administrator, or any member of the Sangguniang Bayan shall be
104
required.
(e) Any construction of whatever kind or nature in the public cemetery whether for
temporary or perpetual use, shall only be allowed after the approval of a permit issued by
the Municipal Mayor, upon recommendation of the Municipal Health Officer.
(f) In case a lessee intends to renew the lease after its termination, he must inform
the Municipal Treasurer within thirty (30) days before the expiry date of the lease, and
shall pay the corresponding fees therefor.
(g) It shall be the duty of the Municipal Treasurer to prepare and submit to the
Municipal Mayor a list of the leases that are to expire five (5) days prior to the expiration
date. The Municipal Treasurer shall send a reminder to the lessee of the expiration of his
lease, two (2) weeks prior to the expiration date of the lease.
(h) The Municipal Treasurer shall keep a register in account of the cemetery, together
with such additional information as may be required by the Sangguniang Bayan.
(a) Minerals mean all naturally occurring inorganic substances in solid, liquid, or any
intermediate state including coal. Soil which supports organic life, sand and gravel,
guano, petroleum, geothermal energy and natural gas are included in this term but are
governed by special laws.
(b) Mineral Lands are those lands in which minerals exist in sufficient quantity and
grade to justify the necessary expenditures in extracting and utilizing such minerals.
Section 5G.02. Collection of Fee. There shall be collected an annual rental fee
from the lessee of mineral lands in this city for the exploration, development and
exploitation and disposition of minerals form said lands covered by lease in accordance
with the following rates:
(a) On coal-bearing public lands
Five pesos (P 5.00) per hectare or fraction thereof for each and every year for the
first ten (10) years; and
Ten pesos (P 10.00) per hectare or fraction thereof for each and every year
thereafter during the lease period.
Fifty pesos (P50.00) per hectare or fraction thereof for each and every year during
the lease period
(c) On all other mineral lands containing metallic or non-metallic minerals under
Existing mining laws and decrees.
Ten pesos (P10.00 per hectare, or a fraction thereof for each and every year
105
during the lease period.
Section 5G.03. Time of Payment. The rental fee shall be paid in advance to the
Municipal Treasurer or his duly authorized representative on the date of the granting of
the lease and on the same date every year thereafter during the life of the lease.
Section 5H.01. Definition. When used in this Article Occupation Fee is a fee
payable by any locator or occupant of any mining claim.
Section 5H.03. Time of Payment. The fee shall be payable to the Municipal
Treasurer on the date of registration of the mining claim and on the same date every year
thereafter, until the lease covering the mining claim shall have been granted.
(a) Permit Fee to Slaughter. Before any animal is slaughtered for public
consumption, a permit fee therefor shall be secured from the Municipal Veterinarian or
his duly authorized representative who will determine whether the animal is fit for human
consumption, thru the Municipal Treasurer upon payment of the corresponding fee, as
follows:
Per Head
(b) Slaughter Fee. The fee shall be paid to cover the cost of service in the slaughter
of animals at the municipal slaughterhouse at .50/kilo for hogs and .20/kilo in live weight
for large cattle and pigs.
(c) Entrance and Corral Fee, per head, per day or fraction thereof - P15.00
106
(d) Transport Fee by LGU Meat Van
Hogs meat (pork) below 100 kilos P 25.00
Hogs meat (pork) above 100 kilos 40.00
Large Cattle meat (beef) below 100 kilos 35.00
Large cattle meat (beef) above 100 kilos 50.00
Goat/sheep meat 20.00
Others 20.00
(e) Ante-Mortem 15.00/head
(f) Post Mortem 25.00/head
(g) local fund 15.00
(a) Permit Fee. The fee shall be paid to the Municipal Treasurer upon application for
a permit to slaughter with the Municipal Veterinarian.
(b) Slaughter Fee. The fee shall be paid to the Municipal Treasurer or his authorized
representative before the slaughtered animal is removed from the public slaughterhouse,
or before the slaughtering of the animal if it takes place elsewhere outside the public
slaughterhouse.
(e) Entrance and Corral Fee. The fee shall be paid to the Municipal Treasurer before
the animal is kept in the city corral or any place designated as such. If the animal
is kept in the coral beyond the period for, the fees due on the unpaid period shall
first be paid before the same animal is released from the corral.
(a) The slaughter of any kind of animal intended for sale shall be done only in the
municipal slaughterhouse designated as such by the Sangguniang Bayan. The slaughter
of animals intended for home consumption may be done elsewhere, except large cattle
which shall be slaughtered only in the public slaughterhouse. The animal slaughtered for
home consumption shall not be sold.
(b) Before issuing the permit for the slaughter of large cattle the Municipal Treasurer
shall require for branded cattle, the production of the certificate of ownership and
certificate of transfer showing title in the name of the person applying for the permit if he
is not the original owner. If the applicant is not the original owner, and there is no
certificate of transfer made in his favor, one such certificate shall be issued and the
107
corresponding fee to be collected therefor.
For unbranded cattle that have not yet reached the age of branding, the Municipal
Treasurer shall require such evidence as will be satisfactory to him regarding the
ownership of the animal for which permit to slaughter has been requested.
For unbranded cattle of the required age, the necessary certificate of ownership
and/or transfer shall be issued, and the corresponding fees collected therefor before the
slaughter permit is granted.
(c) Before any animal is slaughtered for public consumption, a permit therefor shall
be secured from the Municipal Veterinarian or his duly authorized representative, through
the Municipal Treasurer. The permit shall bear the date and month of issue and the
stamp of the Municipal Veterinarian, as well as the page of the book in which said permit
number is entered and wherein the name of the permittee, the kind and sex of the animal
to be slaughtered appears.
(d) The permit to slaughter as herein required shall be kept by the owner to be
posted in a conspicuous place in his/her stall at all times.
Amount of Fees
1. On non-motorized boats or watercrafts - - - - - - - - - - - - - - - - - - Exempt
2. On motorized boats or motorboats:
2.1 Less than three (3) tons gross per/day or fraction thereof - P5.00/boat
2.2 Three (3) tons or more per day or fraction thereof- - - - - - P10.00/boat
Section 5J.03. Time of Payment. Fees and charges for the use of the
above mentioned facilities shall be made every time such facilities are utilized.
108
said facility shall be free and open for public use.
Article K. Charges for the Use of Pres. Carlos P. Garcia Multi-Purpose Center and
Municipal Tennis Court.
Section 5K.01. Imposition of Fees. There shall be collected the following fees for the use of
the Pres. Carlos P. Garcia Multi-Purpose Center, Municipal Tennis Court, and its facilities and the
two comfort rooms of the Talibon Commercial Center at the rates prescribed hereunder:
A.) Rentals:
Activities:
1) Non commercial games/dance rehearsals and similar
activities, per hour or fraction thereof - P 100.00
2) During daytime that is from 7:00 AM to 5:00 PM - 1,500.00
3) During nighttime that is from 5:00 PM to 2:00 AM - 1,500.00
4) Commercial basketball, Benefit Basketball and other
Games and Programs - 300.00/hour
5) Rehearsals - 100.00/hour
6) School Programs 100/hour
109
c.) For one (1) Yamaha Organ, per day of
fraction thereof 500.00
d.) For one (1) set of cymbals 200.00
e.) For complete set of combo/band instruments,
including amplifiers, sound box and microphones,
per day or fraction thereof 10,000.00
Section 5K.02. For the use of the two (2) comfort rooms located at the ground floor of the Talibon
Commercial Center II– P2.00/use/person.
Section 5K.03. Exemption. Municipal offices belonging to and under the immediate and direct
oversight functions of the municipal government are exempted from the payments of the
impositions herein prescribed; provided, that, the proceeds, if from a paid activity, shall accrue to
the Municipal government.
Activities of the municipal officers above-prescribed which are held in connection with the
functions of their office shall be granted free use of the Center and its facilities.
Section 5K.04 Time and Manner of Payment. The fees and charges herein prescribed
shall be paid to the office of the Municipal Treasurer in accordance with the following schedule:
a.) For rentals and service charges, the sponsor/applicant user shall pay a cash deposit
equivalent to fifty percent (50%) of the total fees due, in addition to payments for
Mayor’s Permit fee, and the remaining balance shall be paid to the office of the
municipal treasurer on the day immediately following the cessation of the specific
activity held at the Center. Each payment shall be issued the corresponding official
receipt by the collecting clerk.
b.) Payment for electric current/power consumed shall be paid to the office of the
Municipal Treasurer, based upon the total kilowatt hours actually consumed, on the
day immediately following functionary tasked to record the total number of kilowatt
hours actually consumed shall render a report of such record to the office of the
110
municipal treasurer for assessment as to the total amount of the charge to be paid.
a.) In the event of the holding of paid sports and/or amusement activities at the Center and
at the Municipal Tennis Court, the sponsor thereof shall be obliged to pay the
corresponding amusement tax at the rates prescribed under existing revenue
ordinances. For this purpose, the sponsor shall provide the corresponding admission
tickets which shall first be submitted for inspection ana registration to the office of the
Municipal Treasurer before they are distributed at outlets and at the gates.
b.) Charges for the use of electric current at the Center shall be paid by the sponsor or
user, and the basis for the computation of the total amount payable shall be the current
rate of power per kilowatt hour imposed by the Bohol II Electric Cooperative, Inc.
plus fourteen percent (14%) thereof for overhead cost for services.
c.) That fifty (50%) percent of the proceeds of combo/band instruments will be allotted to
the combo/band players.
Section 5K.06. Time and Manner of Payment. The fees herein shall be paid upon application or
after the extension of service. In no case shall deposit be required in emergency cases requiring
immediate attention.
Section 5K.07. Exemptions. Residents who are certified by the assigned Municipal Officer as
indigent and upon approval by the Municipal Mayor may be exempted from the payment of any or
all fees in this schedule.
An indigent is one who belongs to a family whose family income does not exceed
P50,000.00 per year of the poverty line established by NEDA, whichever is higher.
Section 5L.01. Imposition of Fees. There shall be collected an annual registration fees from the
owners o the following means of transport operated within the Municipality of Talibon.
(a) For each Pedicab
Registration (for hire and commercial use) 200.00
111
Metal Plate/Sticker (per plate number) 50.00
(b) For each Bicycle
Private 25.00
For hire 50.00
Section 5L.02. Time and Manner of Payment. The fees imposed herein shall be due on the
first day of January, and payable to the Municipal Treasurer within the first twenty (20) days of
January of every year.
For tricycle, and bicycle which are newly acquired after the first twenty (20) days of
January, the corresponding fees shall be paid within the first twenty (20) days following its
acquisition.
Section 5L.03. Surcharge for late Payment. Failure to pay the tax prescribed in this Article
within the time required shall subject the taxpayer to a surcharge of twenty-five (25%) of the
original amount of tax due, such surcharge to be paid at the same time and in the same manner as
the tax due.
1.) A metal plate/sticker with a corresponding registry number shall be provided by the
Municipal Treasurer for every tricycle, and bicycle, at cost to the owner’s thereof.
2.) The Municipal Treasurer shall keep a register tricycles, and bicycles which shall
include among others the following information:
(a) The name and address of the owner,
(b) Make and brand of the tricycle and bicycle
(c) Number of metal plate/sticker
Section 5L.05. Penalty. Any violation of the provisions of this Article shall be punished by a
fine of not less than One Thousand Pesos (P 1,000.00) but not more than Two Thousand Five
Hundred (P 2,500.00) Pesos, or imprisonment of not less than one (1) month nor more than six (6)
months, or both, at the discretion of the Court.
112
Section 6.01. Imposition of Tax. There shall be imposed a community tax on
persons, natural or juridical, residing in the municipality.
In the case of husband and wife, the additional tax herein imposed shall be
based upon the total property owned by them and the total gross receipts or earnings
derived by them.
(a) For every Five Thousand (P5,000.00) Pesos worth of real property in
the Philippines owned by it during the preceding year based on the valuation
used in the payment of real property tax under existing laws, found in the
assessment rolls of this municipality where the real property is situated - Two
(P2.00) Pesos; and
(a) (b) For every Five Thousand (P5,000.00) Pesos of gross receipts or earnings
derived by it from its business in the Philippines during the preceding year - Two
(P2.00) Pesos.
The dividends received by a corporation from another corporation shall, for the
purpose of the additional tax, be considered as part of the gross receipts or earnings of
said corporation.
Section 6.05. Place of Payment. The Community Tax shall be paid in the Office of
the Municipal Treasurer or to the deputized Barangay Treasurer.
113
Section 6.06. Time of Payment; Penalties for Delinquency.
(a) The Community Tax shall accrue on the first (1 st) day of January each year which
shall paid not later than the last date of February of each year.
(b) If a person reaches the age of eighteen (18) years or otherwise loses the benefit of
exemption on or before the last day of June, he shall be liable for the community tax on
the day he reaches such age or upon the day the exemption ends. However, if a
person reaches the age of eighteen (18) years or loses the benefit of exemption on or
before the last day of March, he shall have twenty (20) days to pay Community Tax
without becoming delinquent.
(c) Persons who come to reside in the Philippines or reach the age of eighteen (18)
years on or after the first (1 st ) day of July of any year, or who cease to belong to an
exempt class on or after the same dare, shall not be subject to the Community Tax for
that year.
(d) Corporations established and organized on or before the last day of June shall be
liable for the Community Tax for that year. But corporations established and organized
on or before the last day of March shall have twenty (20) days within which to pay
Community Tax without becoming delinquent. Corporations established and organized
on or after the first day of July shall not be subject to the Community Tax for that year.
(e) If the tax is not paid within the time prescribed above, there shall be added to the
unpaid amount an interest of twenty-four (24%) percent per annum from the due date
until it is paid.
(a) When an individual subject to the Community Tax acknowledges any document
before a notary public, takes the oath of office upon election or appointment to any
position in the government service; receives any license, certificate, or permit from any
public authority; pays any tax or fee, receives any money from public funds, transacts
any official business; or receives any salary or wage from any person or corporation, it
shall be the duty of any person, officer or corporation with whom such transaction is
made or business done or from whom any salary or wage is received to require such
individual to exhibit the Community Tax Certificate.
(b) When through its authorized officers, any corporation subject to the Community
Tax receives any license, certificate, or permit from any public authority, pays any tax
or fee, receives money from public funds, or transacts other official business it shall be
the duty of the public official with whom such transaction or business is made or done,
114
to require such corporation to exhibit the Community Tax Certificate.
(c) The Community Tax Certificate required in the two preceding paragraphs shall be
the one issued for the current year, except for the period from January until the fifteenth
(15) of April each year, in which case, the certificate issued for the preceding year shall
suffice.
(a) The Municipal Treasurer shall deputize the Barangay Treasurers, subject to existing
laws and regulations, to collect the Community Tax payable by individual taxpayers
in their respective jurisdictions; provided, however, that said Barangay Treasurer
shall be bonded in accordance with existing laws.
(b) One Hundred Percent (100%) of the proceeds of the Community Tax actually and di-
rectly collected by the Municipal Treasurer shall accrue entirely to the general fund of
this Municipality .
In cases, where the community tax were secured or requisitioned from the
Provincial Treasurer, the Municipal Treasurer shall remit payments to the Provincial
Treasurer.
The proceeds of the Community Tax collected through the Barangay Treasurers
shall be apportioned as follows:
(1) Fifty (50%) percent shall accrue to the general fund of the Municipality;
and
(2) Fifty (50) percent shall accrue to the Barangay where the tax is
collected.
Section 7A.01. Tax Period. Unless otherwise provided in this Ordinance, the tax
period for all local taxes, fees, and charges imposed under this Ordinance shall be the
calendar year.
Section 7A.02. Accrual of Tax. Unless otherwise provided in this Ordinance, all
taxes and charges imposed herein shall accrue on the first (1st) day of January of each
year. However, new taxes, fees or charges, or changes in the rate of existing taxes,
fees, or charges, shall accrue on the first (1st) day of the quarter next following the
effectivity of the Ordinance imposing such new levies or taxes.
Section 7A.03. Time of Payment. Unless specifically provided herein, all taxes,
fees, and charges imposed in this Ordinance shall be paid within the first twenty (20)
days of January or each subsequent quarter as the case may be.
115
Section 7A.04. Surcharge for Late Payment. Failure to pay the tax described in
this Article within the time required shall subject the taxpayer to a surcharge of twenty-five
percent (25%) of the original amount of tax due, such surcharge to be paid at the same
time and in the same manner as the tax due.
Where an extension of time for the payment of the tax has been granted and the
amount is not paid in full prior to the expiration of the extension, the interest above-
mentioned shall be collected on the unpaid amount from the date it becomes originally
due until fully paid.
Section 7A.06. Collection. Unless otherwise specified, all taxes, fees and
charges due to this municipality shall be collected by the Municipal Treasurer or his duly
authorized representatives.
The Ordinance Number and the specific section thereof upon which collections
are based shall invariably be indicated on the face of all official receipts acknowledging
payment of taxes, fees, or charges.
Section 7A.08. Record of Persons Paying Revenue. It shall be the duty of the
Municipal Treasurer to keep a record, alphabetically arranged and open to public
inspection during office hours, of the names of all persons paying municipal taxes, fees
and charges. He shall, as far as practicable, establish and keep current the appropriate
tax roll for each kind of tax, fee or charge provided in this Ordinance.
116
business within the municipality, and subject to municipal taxes, to ascertain, assess and
collect the true and correct amount of the tax due from the taxpayer concerned. Such
examination shall be made during regular business hours once every year for every tax
period, which shall be the year immediately preceding the examination. Any examination
conducted pursuant to the provisions of this Section shall be certified to by the examining
official and such certificate shall be made of record in the books of accounts of the
taxpayer concerned.
For this purpose, the records of the Revenue District Office of the Bureau of
Internal Revenue shall be made available to the Municipal Treasurer, his deputy or duly
authorized representative.
The forms and the guidelines to be observed for the proper and effective
implementation of this Section shall be those prescribed by the Department of Finance.
Section 7A.11. Accrual to the General Fund of Fines, Costs, and Forfeitures.
Unless otherwise provided by law or ordinance, fines, costs, forfeitures, and other
pecuniary liabilities imposed by the court for violation of any municipal ordinance shall
accrue to the General Fund of the municipality.
Section 7B.01. Local Government's Lien. Local taxes, fees, charges and other
revenues herein provide constitute a lien, superior to all liens, charges or encumbrances
in favor of any person, enforceable by appropriate administrative or judicial action, not
only upon any property or rights therein which may be subject to lien but upon also
property used in business, occupation, practice of profession or calling, or exercise of
privilege with respect to which the lien is imposed. The lien may only be extinguished
upon full payment of the delinquent local taxes, fees, and charges including related
surcharges and interest.
Section 7B.02. Civil Remedies. The civil remedies for the collection of local
taxes, fees, or charges, and related surcharges and interest resulting from delinquency
shall be:
(a) By administrative action through distraint of goods, chattels or effects, and other
personal property of whatever character, including stocks and other securities, debts,
credits, bank accounts, and interest in and rights to personal property, and to levy upon
real property and interest in or rights to real property; and
117
Section 7B.03. Distraint of Personal Property. The remedy by distraint shall
proceed as follows:
(a) Seizure. Upon failure of the person owing any local tax, fee or charge to pay the
same at the time required, the Municipal Treasurer or his deputy may, upon written
notice, seize or confiscate any personal property belonging to the person or any personal
property subject to the lien, in sufficient quantity to satisfy the tax, fee or charge in
question, together with any increment thereto incident to delinquency and the expenses
of seizure. In such case, the Municipal Treasurer or his deputy shall issue a duly
authenticated certificate based upon the records of this office showing the fact of
delinquency and the amount of the tax, fee or charge and penalty due. Such certificate
shall serve as sufficient warrant for the distraint of personal property aforementioned,
subject to the taxpayer's right to claim exemption under the provisions of existing laws.
Distrained personal property shall be sold at public auction in the manner herein provided
for.
(b) Accounting of Distrained Goods. The officer executing the distraint shall make or
cause to be made an account of the goods, chattels or effects distrained, a copy of which
signed by himself shall be left either with the owner or person from whose possession the
goods, chattels, or effects are taken, or at the dwelling or place of business of that person
and with someone of suitable age and discretion, to which list shall be added a statement
of the sum demanded and a note of the time and place of sale.
(c) Publication. The officer shall forthwith cause a notification to be exhibited in not
less than three (3) conspicuous places in the territory of the local government units where
the distraint is made; specifying the time and place of sale, and the articles distrained.
The time of sale shall not be less than twenty (20) days after notice to the owner or
possessor of the property as above specified and the publication or posting of the notice.
One place for the posting of the notice shall be at the Office of the Municipal Mayor.
(d) Release of Distrained Property Upon Payment Prior to Sale. If not any time prior
to the consummation of the sale, all proper charges are paid to the officer conducting the
same, the goods or effects distrained shall be restored to the owner.
(e) Procedure of Sale. At the time and place fixed in the notice, the officer
conducting the sale shall sell the goods or effects so distrained at public auction to the
highest bidder for cash. Within five (5) days after the same, the Municipal Treasurer,
shall make a report of the proceedings in writing to the Municipal Mayor.
Should the property distrained be not disposed of within one hundred and twenty
(120) days from the date of distraint, the same shall be considered as sold to the local
government unit concerned for the amount of the assessment made thereon by the
Committee on Appraisal and to the extent of the same amount, the tax delinquencies
shall be canceled.
(f) Disposition of Proceeds. The proceeds of the sale shall be applied to satisfy the
118
tax including the surcharges, interest, and other penalties incident to delinquency, and
the expenses of the distraint and sale. The balance over and above what is required to
pay the entire claim shall be returned to the owner of the property sold. The expenses
chargeable upon the seizure and sale shall embrace only the actual expenses of seizure
and preservation of the property pending the sale, and no charge shall be imposed for
the services of the local officer or his representative. Where the proceeds of the sale are
insufficient to satisfy the claim, other property may, in like manner, be distrained until the
full amount de, including all expenses, is collected.
(g) Levy on Real Property. After the expiration of the time required to pay the
delinquency tax, fee or charge, real property may be levied on before, simultaneously or
after the distraint of personal property belonging to the delinquent taxpayer. To this end,
the Municipal Treasurer, shall prepare a duly authenticated certificate showing the name
of the taxpayer and the amount of the tax, fee or charge, and penalty due from him. Said
certificate shall operate with the force of a legal execution throughout the Philippines.
Levy shall be effected by writing upon said certificate of description of the property upon
which levy is made. At the same time, written notice of the levy shall be mailed to or
served upon the Assessor and Register of Deeds of the municipality who shall annotate
the levy on the tax declaration and certificate of title of the property, respectively, and the
delinquent taxpayer or, if he be absent from the municipality, to his agent or the manager
of the business in respect to which the liability arose, or if there be none, to the occupant
of the property in question.
In case the levy on real property is not issued before or simultaneously with the
warrant of distraint on personal property, and the personal property of the taxpayer is not
sufficient to satisfy his delinquency, the Municipal Treasurer, shall within thirty (30) days
after execution of the distraint, proceed with the levy on the taxpayer's real property.
A report on any levy shall, within ten (10) days after receipt of the warrant, be submitted
by the levying officer to the Sangguniang Bayan.
(h) Penalty for Failure to Issue and Execute Warrant. Without prejudice to criminal
prosecution under the Revised Penal Code and other applicable laws, the Municipal
Treasurer, if he fails to issue or execute the warrant of distraint or levy after the expiration
of the time prescribed, or if he is found guilty of abusing the exercise thereof by
competent authority, shall be automatically be dismissed from the service after due
notice and hearing.
(i) Advertisement and Sale. Within thirty (30) days after levy, the Municipal
Treasurer shall proceed to publicly advertise for sale or auction the property or a usable
portion thereof as may be necessary to satisfy the claim and cost of sale; and such
advertisement shall cover a period of at least thirty (30) days. It shall be effected by
posting a notice at the main entrance of the city hall, and in a public and conspicuous
place in the barangay where the real property is located, and by publication once a week
for three (3) weeks in a newspaper of general circulation in the municipality. The
advertisement shall contain the amount of taxes, fees or charges, and penalties due
thereon, and the time and place of sale, the name of taxpayer against whom the taxes,
fees or charges are levies, and a short description of the property to be sold. At any time
before the date fixed for the sale, the taxpayer may stay the proceedings by paying the
taxes, fees, charges, penalties and interests. If he fails to do so, the sale shall proceed
and shall be held either at the main entrance of the municipal hall or on the property to be
sold, or at any other place as determined by the Municipal Treasurer, conducting the sale
119
and specified in the notice of sale.
Within thirty (30) days after the sale, the Municipal Treasurer or his deputy shall
make a report of the sale to the Sangguniang Bayan, and which shall form part of his
records. After consultation with the Sangguniang Bayan, and which shall form part of his
records. After consultation with the Sanggunian, the Municipal Treasurer shall make and
deliver to the purchaser a certificate of sale, showing proceedings of the sale, describing
the property sold, stating the name of the purchaser and setting out the exact amount of
all taxes, fees, charges and related surcharges, interests, or penalties: Provided,
however, that any excess in the proceeds of the sale over the claim and cost of sales
shall be turned over to the owner of the property. The Municipal Treasurer may, by a
duly approved ordinance, advance an amount sufficient to defray the costs of collection
by means of the remedies provided for in this Ordinance, including the preservation or
transportation in case of personal property, and the advertisement and subsequent sale,
in cases of personal and real property including improvements thereon.
(i) Redemption of Property Sold. Within one (1) year from the date of sale, the
delinquent taxpayer or his representative shall have the right to redeem the
property upon payment to the Municipal Treasurer of the total amount of taxes,
fees or charges, and related surcharges, interests or penalties from the date of
delinquency to the date of sale, plus interest of not more than two percent (2%)
per month on the purchase price from the date of purchase to the date of
redemption. Such payment shall invalidate the
certificate of sale issued to the purchaser and the owner shall be entitled to a certificate of
redemption from the Municipal Treasurer or his representative.
The Municipal Treasurer or his deputy upon surrender by the purchaser of the
certificate of sale previously issued to him, shall forthwith return to the latter the entire
purchase price paid by him plus the interest of not more than two percent (2%) per month
herein provided for, the portion of the cost of sale and other legitimate expenses incurred
by him, and said property thereafter shall be free from the lien of such taxes, fees or
charges and other related surcharges, interests, and penalties.
The owner, shall not, however, be deprived of the possession of said property
and shall be entitled to the rentals and other income thereof until the expiration of the
time allowed for its redemption.
(k) Final Deed of Purchaser. In case the taxpayer fails to redeem the property as
provided herein, the Municipal Treasurer shall execute a deed conveying to the
purchaser so much of the property as has been sold, free from liens of any taxes, fees,
charges, related surcharges, interests and penalties. The deed shall sufficiently recite all
the proceedings upon which the validity of the sale depends.
(l) Purchase of Property by the Municipality for Want of Bidder. In case there is no
bidder for the real property advertised for sale as provided herein or if the highest bid is
for an amount insufficient to pay the taxes, fees, or charges, related surcharges,
interests, penalties and cost, the Municipal Treasurer shall purchase the property on
behalf of the municipality to satisfy the claim and within two (2) days thereafter shall
make a report to his proceedings which shall be reflected upon the records of his office.
It shall be the duty of the Registrar of Deeds concerned upon registration with his office of
120
any such declaration of forfeiture to transfer the title of the forfeited property to this
municipality without the necessity of an order from a competent court.
Within one (1) year from the date of such forfeiture the taxpayer or any of his
representative, may redeem the property by paying to the Municipal Treasurer the full
amount of the taxes, fees, charges and related surcharges, interests or penalties, and the
costs of sale. If the property is not redeemed as provided herein, the ownership thereof
shall be fully vested on the municipality.
(m) Resale of Real Estate Take for Taxes, Fees or Charges. The Sangguniang
Bayan may, by a duly approved ordinance, and upon notice of not less than twenty (20)
days, sell and dispose of the real property acquired the preceding paragraph at public
auction. The proceeds of the sale shall accrue to the general fund of this municipality.
(o) Further Distraint or Levy. The remedies by distraint and levy may be repeated if
necessary until the full amount due, including all expenses is collected.
(p) Personal Property Exempt from Distraint of Levy. The following property shall be
exempt from distraint and the levy, attachment or execution thereof for
delinquency in the payment of any local tax, fee or charge, including the related
surcharge and interest:
2. One (1) horse, cow, carabao, or other beast of burden, such as the
delinquent taxpayer may select, and necessarily used by him in his
occupation;
7. One fishing boat and net, not exceeding the total value of Ten Thousand
Pesos (P10,000.00), by the lawful use of which a fisherman earns his
livelihood; and
121
8. Any material or article forming part of a house or improvement of any real
property.
(a) Local taxes, fees, or charges shall be assessed within five (5) years from the date
they became due. No action for the collection of such taxes, fees, or charges, whether
administrative or judicial, shall be instituted after the expiration of such period: Provided,
that taxes, fees, or charges which have accrued before the effectivity of the Local
Government Code of 1991 may be assessed within a period of five (5) years from the
date they became due.
(b) In case of fraud or intent to evade the payment of taxes, fees, or charges, the
same may be assessed within ten (10) years from discovery of the fraud or intent to
evade payment.
(c) Local taxes, fees, or charges may be collected within five (5) years from the date
of assessment by administrative or judicial action. No such action shall be instituted after
the expiration of said period: Provided, however, that taxes, fees and charges assessed
before the effectivity of the LGC of 1991 may be assessed within a period of three (3)
years from the date of assessment.
(d) The running of the periods of prescription provided in the preceding paragraphs
shall be suspended for the time during which:
Within sixty (60) days from the receipt of the notice of assessment, the taxpayer
may file a written protest with the Municipal Treasurer contesting the assessment;
otherwise, the assessment shall become final and executory. The Municipal Treasurer
shall decide the protest within sixty (60) days from the time of its filing. In cases where
the protest is denied, the taxpayer shall have thirty (30) days from the receipt of denial or
form the lapse of the sixty-day period prescribed herein within which to appeal with the
court of competent jurisdiction otherwise the assessment becomes conclusive and
unappealable.
Section 7C.03. Claim for Refund of Tax Credit. No case or proceeding shall be
122
maintained in any court for the recovery of any tax, fee, or charge erroneously or illegally
collected until a written claim for refund or credit has been filed with the Municipal
Treasurer. No case or proceeding shall be entertained in any court after the expiration of
two (2) years from the date of payment of such tax, fee or charge, or from the date the
taxpayer is entitled to a refund or credit.
Section 7D.01. Power to Levy Other taxes, Fees or Charges. The municipality
may exercise the power to levy taxes, fees or charges on any base or subject not
otherwise specifically enumerated herein or taxed under the provisions of the National
Internal revenue Code, as amended, or other applicable laws: Provided, that the taxes,
fees or charges shall not be unjust, excessive, oppressive, confiscatory or contradictory
to declared national policy. Provided, further, that the ordinance levying such taxes, fees
or charges shall not be enacted without any prior public hearing conducted for the
purpose.
Section 7D.02. Publication of the Revenue Code. Within ten (10) days after its
approval, a certified copy of this Ordinance shall be published in full for three (3)
consecutive days in a newspaper of local circulation. Provided, however, that in cases
where there are no newspapers of local circulation, the same may be posted in at least
two (2) conspicuous and publicly accessible places.
Section 7D.04. Authority to Adjust Rates. The Sangguniang Bayan shall have
the sole authority to adjust tax rates as prescribed herein not oftener than once every five
(5) years, but in no case shall such adjustment exceed ten percent (10%) of the rates
fixed under this Code.
123
references, insofar as receipts from the printing and/or publishing thereof are concerned,
are hereby withdrawn.
Punishment by a fine or imprisonment as herein provided for, shall not relieve the
offender from the payment of the tax, fee or charge imposed under this Ordinance.
Section 9.01. Separability Clause. If for any reason, any section or provision of
this Ordinance shall be held to be unconstitutional or invalid by competent authority, such
judgment or action shall not affect or impair the other sections or provisions thereof.
Section 9.02. Applicability Clause. All other matters relating to the impositions in
this Ordinance shall be governed by pertinent provisions of existing laws and other
ordinances.
Section 9.03. Repealing Clause. All ordinances, rules and regulations, or part
thereof, in conflict with, or inconsistent with any provisions of this Ordinance are hereby
repealed or modified accordingly.
(b) The tax on special levy shall be collected upon enactment by Sangguniang
Bayan of an enabling ordinance.
Section 9.05. Effectivity. This Ordinance shall take effect on the 1st day of January,
2015. Enacted, December 15, 2014.
124
AFFIRMATIVES
NEGATIVE: None
ABSENT: None
ATTESTED:
CAMILO N. GARCIA
Secretary to the Sanggunian
APPROVED:
125
126