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Parañaque Fisherman’s Wharf Code

The ordinance prescribes guidelines for the use, operation, and management of the Paranaque Fisherman's Wharf. It establishes the Paranaque Fisherman's Wharf Code to govern its operation and administration. It appoints a Paranaque Fisherman's Wharf Administrator and Pollution Control Officer to oversee the facility. It also divides the wharf into sections and requires facilities like toilets and washing areas to maintain sanitation.

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0% found this document useful (0 votes)
978 views7 pages

Parañaque Fisherman’s Wharf Code

The ordinance prescribes guidelines for the use, operation, and management of the Paranaque Fisherman's Wharf. It establishes the Paranaque Fisherman's Wharf Code to govern its operation and administration. It appoints a Paranaque Fisherman's Wharf Administrator and Pollution Control Officer to oversee the facility. It also divides the wharf into sections and requires facilities like toilets and washing areas to maintain sanitation.

Uploaded by

joel sarza
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
  • Ordinance Overview
  • Duties and Responsibilities
  • Supervision and Regulation
  • Operation and Maintenance
  • Permits and Licenses
  • Restrictions and Prohibitions
  • Award and Occupancy
  • Fees and Charges
  • Implementation and Regulation

ORDINANCE NO.

______
Series of 2023

AN ORDINANCE PRESCRIBING THE GUIDELINES FOR THE USE,


OPERATION AND MANAGEMENT OF THE PARANAQUE
FISHERMAN’S WHARF.

WHEREAS Section 16 of Republic Act. No. 7160 otherwise known as the Local
Government code of 1991 provides that “every local government unit shall exercise the powers
expressly granted, those necessarily implied therefrom, as well as powers necessary appropriate,
or incidental for its efficient and effective governance, and those which are essential of the
general welfare. Within their respective, territorial jurisdictions, local government unit’s shall
ensure and support, among other things, the preservation and enrichment of culture, promote
health and safety, enhance the right of the people for a balanced ecology, encourage and support
the development of appropriate and self-reliant scientific and technological capabilities, improve
public morals, enhance economic prosperity and social justice, promote full employment among
their residents, maintain peace and order, and preserve the comfort and conveniences of their
inhabitants.”

WHEREAS the City of Parañaque recognizes that the Parañaque Fisherman’s Wharf is
an important economic hub providing livelihood to a significant number of its constituents.

WHEREAS, to further promote full employment , the City of Parañaque envisions and
endeavors to develop the Parañaque Fisherman’s Wharf as a first-class eco-tourism location,
convert the same into a marketplace, and build retail and souvenir stores, fishing areas, floating
restaurants where visitors can dine on fresh seafood, and a pier where local and foreign tourists
could catch a ferry ride to the nearby PAGCOR Entertainment City.

WHEREAS, on 22 September 2022, the Parañaque Fishermen’s Wharf Development


Committee was established by virtue of Executive Order No. 2022-034 for the purpose of, inter-
alia , formulating and recommending such policies and implementing actions for the
development and operations of the Parañaque Fisherman’s Wharf.

WHEREAS there is a need to enact an ordinance for the regulations, operation and
administration of the Parañaque Fisherman’s Wharf.

NOW, THEREFORE

BE IT ORDAINED BY THE CITY COUNCIL OF PARANAQUE CITY IN REGULAR


SESSION ASSEMBLED:

SECTION 1. TITLE – This ordinance shall be known as the “Parañaque Fisherman’s Wharf
Code”.

SECTION 2. COVERAGE – This code shall govern the operation, management, administration
, regulation, and development of the Parañaque Fisherman’s Wharf otherwise known as
Bulungan sa Parañaque, including but not limited to fish mongering, wholesale and retail
vending of other aquatic products, and lease of commercial spaces or stalls on the premises.

SECTION 3. APPOINTMENT OF A PARANAQUE FISHERMAN’S WHARF


ADMINISTRATOR - The city Mayor shall appoint an Administrator for the Parañaque
Fisherman’s Wharf who shall be under the direct control and supervision of the Office of the
City Mayor. For organizational purpose, the Parañaque Fisherman’s Wharf shall belong to the
Economic Enterprise Management Division.
SECTION 3. SUPERVISION, REGULATION AND CONTROL – The City Mayor, through
the City Administrator, shall exercise an immediate supervision , administration and control
over the Parañaque Fisherman’s Wharf , including those whose duties concern the
maintenance .upkeep, peace and order of the PFW premises .

SECTION 4. PARANAQUE FISHERMAN’S WHARF ADMINISTRATOR – There shall


be an Administrator who shall be appointed by the City Mayor and shall be in direct control of
the City Mayor through the City Administrator.

SECTION 4. DUTIES AND RESPONSBILITIES OF THE PARANAQUE


FISHERMAN’S WHARF ADMINISTRATOR. The Parañaque Fisherman’s Wharf
Administrator shall have the following duties and responsibilities:

1.1. Implement and enforce the provisions of the Parañaque Fisherman’s Wharf
Code, other City Ordinances, and rules and regulations affecting the operation
of the Parañaque Fisherman’s Wharf.

1.2. Exercise general supervision and control over the management, operation,
maintenance, and development of the Parañaque Fisherman’s Wharf in
accordance with the plans and programs of the City Government, including
allocation, adjudication, assignments/re-alignments, re-sectioning and re-
grouping and construction of stalls.

1.3. Propose policies and prepare, execute and coordinate plans and programs for the
improvement and enhancement of the operations of the Parañaque Fisherman’s
Wharf.

1.4. Conduct a regular inspection monitoring of the Parañaque Fisherman’s and its
premises to ensure strict compliance with this Code, City business operation’s
requirements, fair trade laws, rules and regulation, guidelines and policies.

1.5. Cancel the market stall award, revoke the lease contract and cause expulsion or
ejection of stallholders for violation of the Parañaque Fisherman’s Wharf Code,
business operations and requirements, fair trade laws, revenue laws and other
related laws, rules and regulations , guidelines and policies.

1.6. Cause the clearing of vending sites, without prejudice to the filing of other legal
complaints, for violation of this Code, City business operations requirements, fair
trade laws, rules and regulations, guidelines and policies.

1.7. Recommend the revocation of business permits, suspension of business


operations, issuance of cease-and-desist order (CDO), permanent or temporary
closure of business establishment of any other persons covered by this Code.

1.8. The Parañaque Fisherman’s Wharf Administrator shall have the power to
delegate such authority, duties and responsibilities to any bona fide employee or
an authorized representative; provided, that the delegation of authority is subject
to issuance of Mission Order, Office Order, or similar order of assignment.

SECTION 5. APPOINTMENT OF POLLUTION CONTROL OFFICER – A pollution


Control Officer (PCO) shall be appointed by the City Mayor for the Parañaque Fisherman’s
Wharf. The PCO shall have the following duties and responsibilities.
1.1. Ensures effective implementation and compliance with Republic Act Nos. 9003,
9275, 8749 and 6969.
1.2. Timely and accurate submission of government-required reports and other
regulatory documentations (DENR licenses, permits, reports and other
necessary documentations)
1.3. Ensures compliance of businesses, stall renters, traders, and individuals on
cleanliness, sanitation and proper waste management.
1.4. Develop , implement and monitor environmental plans and programs.
1.5. Conduct environmental information, awareness drive.
1.6. Effectively and efficiently forecast and prepare budget relevant to waste
management and other environmental related expenses.

SECTION 6. OPERATION AND MAINTENANCE OF PARANAQUE FISHERMAN’S


WHARF.
1.1. The Parañaque Fisherman’s Wharf Administrator shall be allowed to determine
the hours of operation of the businesses located therein upon proper
consultation with stakeholders.

1.2. The Parañaque Fisherman’s Wharf shall at all times be kept clean and in good
sanitary condition and shall be maintained and operated in accordance with the
provisions of the Sanitation Code, environmental Protection and Waste
Management Code and applicable City Ordinances.

1.3. The Parañaque Fisherman’s Wharf shall be divided into the following sections:

 Dry Goods Section – refers to the areas where only of all kinds of dry
goods are sold ( e.g. native products, toiletries, novelties, kitchen wares).
 Wet Section – refers to the retail area where fish, clams. Oysters, crabs,
shrimps, seaweeds and other seafood, marine products are sold.
 Wholesale Section – refers to the area where fish, seafood, marine and
other aquatic products are sold on a wholesale basis.
 Retail Section – refers to the section where fresh seafoods and other aquatic
products and other dry goods are sold on a retail basis.
 Dampa Section – refers to the section for Paluto and banqueting.
 Rentable Spaces – identified by the Administrator.

1.1. Single-Entry – There shall only be a single-entry point in the Parañaque


Fisherman’s Wharf for the delivery and distribution of fish, seafood, marine and
other aquatic products.

1.2. Posting of Rules and Regulations - The rules and regulations concerning
sanitation and good order of the Parañaque Fisherman’s Wharf and such other
rules and regulations as may be deemed necessary in the operation and
maintenance thereof shall be posted in a conspicuous area within the Parañaque
Fisherman’s Wharf.

SECTION 7. REQURIED SERVICES AND FACILITIES

1.1. Public Toilets and Washing Facilities- Adequate and clean toilet facilities for
male, female, and customers with disabilities shall be provided in accordance
with the requirements set forth in the implementing Rules and Regulations of the
Sanitation Code. Wash hand basis equipped with adequate supply of water shall
be installed in convenient places within the Parañaque Fisherman’s Wharf.
1.2. A Timbangan ng Bayan shall be provided in the Retail Section of the Parañaque
Fisherman’s Wharf in order for the buying public to determine, double check, or
find out themselves, whether the weight or measure of what they bought is
accurate or not.
1.3. A Consumer Welfare Desk shall be established in the Parañaque Fisherman’s
Wharf for purposes of receiving, investigating and responding to consumer
complaints.
1.4. Price Tags - All products sold in retail to the public shall bear an appropriate
price tag, label or marking indicating the price of the product. Such products
shall not be sold at a price higher than that stated therein. A price list shall be
allowed when the product is of the nature which makes it impractical to place a
price tag .
Violation of the above provision shall be penalized in accordance with the
following:
First Offense A fine of ____________________(Pxx)
Second Offense- A fine of ____________________(Pxx)
Third Offense - A fine of ____________________(Pxx)

SECTION 8. RESTRICTIONS AND PROHIBITIONS


8.1 In no case shall anyone, stall holders or outsiders convert the stalls/booths or
any portion of the Paranaque Fisherman’s Wharf or its premises into temporary
or permanent dwelling place where they will eat, sleep and use the public
toilets/baths as their own.
8.2 Smoking shall be prohibited in the Paranaque Fisherman’s Wharf Except in
designated smoking areas.
8.3 No dogs or other animals shall be left astray in the Paranaque Fisherman’s
Wharf.
8.4 Selling of goods other than in designated areas shall not be allowed. Making
extensions of stalls or using pathways for display of goods shall be prohibited.
8.5 Construction of improvements, alteration or modification of stall and/or its
premises, including the utilities installed therein, shall not be allowed without
8.6 Sub-leasing, transferring or selling of the privilege to lease stall or space, or
allowing another person to conduct business therein, shall not be allowed.
8.7 No fishery or aquatic products shall be transported from the Paranaque
Fisherman’s Wharf without first securing a permit to transport or invoice from
the city Agricultural, Fisheries and Aquatic Services Office.

SECTION 9. PERMITS AND LICENSES


9.1 Any person who shall conduct or operate a business at the Parañaque
Fisherman’s Wharf shall fist secure a business permit from Business Permits
and Licensing Office (BPLO) after application, evaluation, assessment and
favorable recommendation from the Parañaque Fisherman’s wharf
Administrator , and payment of corresponding taxes and fees to the City
Treasurer, in accordance with the provisions of the Parañaque City Revenue
Code.
9.2 The business permit to engage in business shall be duly renewed every year.
Failure to renew the permit shall subject the taxpayer to surcharges and
interests in accordance with the provisions of the Parañaque City Revenue
Code and other sanctions under this code.
9.3 The issuance of the permit shall not relieve the applicant from the fulfillment of
the requirements of other departments or agencies in connection with the
operation of the business.
9.4 All applicants for new or renewal business permits shall secure a barangay
clearance and a clearance from the Parañaque Fisherman’s Wharf Administrator
before a business permit may be issued.

9.5 The business permit together with business registration plates issued to
business operators with fixed business address, shall at all times be posted or
displayed for public view.
SECTION 10. AWARD AND OCCUPANCY
10.1 Awarding of stalls at the Parañaque Fisherman’s Wharf shall be in
accordance with policies , guidelines and procedures approved by the City
Mayor. These policies, guidelines and procedures and any subsequent
changes, shall be posted in conspicuous places within the Parañaque
Fisherman’s Wharf for fifteen (15 days prior to implementation.
10.2 Stall awardees shall execute a lease Contract which shall be valid up to
_____(x years). The lease contract may be renewed under new terms and
conditions subject to the review of the awardee’s compliance to rules and
regulations and to the conditions of the Lease Contract. For this purpose, the
Parañaque Fisherman’s Wharf Administrator is hereby authorized to enter
into said contract for and on behalf of the City Government.
10.3 Only the existing Cooperatives occupying the Wet Section, with existing
Memorandum of Agreement with Local Government of Paran ňaque City,
shall be given preferential rights to stay and maintain its’ status quo based
on the Memorandum of Agreement signed by both parties until the
termination of such Agreement.

10.4 New stall awardees shall be required to deposit a security bond equivalent to
_____(x months) rental fee or Philippine Pesos:_________(Pxx) whichever
is higher, as guarantee that they shall strictly and faithfully comply with
their obligations under the Lease Contract. This may be waived if the
awardee did not commit any violation whatsoever continuously for three
(3) years.

10.4 Failure to occupy the awarded stall within thirty (30) days after the grant of
the Certificate of Award/Occupancy shall mean forfeiture of their right to
the stall.

10.5 Any applicant who is not satisfied with the adjudication of the stall applied
for him, may file with the City Mayor an appeal therefrom and the
decision of the City Mayor on the appeal shall become final after the lapse
of fifteen (15) days, where the order to submit other pertinent documents
for purposes of review or a justifiable reconsideration have been issued by
the City Mayor.

10.6 Any stall holder whose award in the Parañaque Fisherman’s Wharf had
been revoked shall be permanently and perpetually disqualified from
being a beneficiary of a n award as a stallholder.
SECTION 11. SCHEDULE OF FEES AND OTHER FEES – rental fees are hereby fixed in
accordance with the following schedule .
DAMPA 2ND FLOOR
Rate per sqm per day or per month Php.(xxx)
Rate escalation annually %xx
Security Deposit for Water
Security Deposit for Electricity

PFW GROUND RETAIL SECTION


Rate per sqm per day or per month Php.
Rate escalation annually
Security Deposit for Water
Security Deposit for Electricity

PFW GROUND WET SECTION


Rate per sqm per day or per month Php.
Rate escalation annually
Security Deposit for Water
Security Deposit for Electricity

In addition to the tabulated schedule of fees, the following fees and charges shall be imposed.
a. Electrical consumption – fees at the rate depending on the kind of individual meter,
payments depend on the electrical consumption based on the reading of the meter.
b. Water Consumption fees
c. other fees in relation to the maintenance , preservation repair and upgrade of the PFW
Facilities.

SECTION 12. AUTHORITY TO ENTER INTO MANAGEMENT CONTRACT – The City


Mayor may upon favorable recommendation by the City’s Public-Private Partnership Selection
Committee (PPP-SC), and upon prior authorization by the Sangguniang Panglungsod, enter into
a Joint Venture Agreement for the management and operation of the Parañaque Fisherman’s
Wharf, or a portion/section thereof, pursuant to the city’s PPP Code, with the exemption among
the existing Cooperatives occupying the Wet Section area, which has an existing Memorandum
of Agreement with Local Government of Paraňaque City regarding the used and occupation of
stalls in the Paraňaque Fisherman’s Wharf until termination of the Memorandum of Agreement
the PPP Code shall apply to them.
SECTION 13. INCORPORATING CLAUSE- All letters, Rules and Guidelines, Policies and
Procedures, Memorandum, shall become part and parcel of this ordinance provided it is not
contrary to law, good morals, and good customs for this Parañaque Fisherman’s Code had been
passed and approved are deemed incorporated.
SECTION 14. REPEALING CLAUSE – Any ordinances, rules and regulations, issuances or
circulars inconsistent with provisions of this Code are hereby repealed or modified accordingly.
SECTION 15. SEPARATIBILITY CLAUSE –If any provision of this Ordinance is found to
be invalid or unenforceable, the other provisions not affected thereby shall remain valid and
subsisting.
SECTION 16. IMPLEMENTING RULES AND REGULATIONS- A Technical
Working Group is hereby created composed of representatives from the following offices to draft
the Implementing Rules and Regulations of this Code.
 Office of the Mayor.
 Chairman, Sanggunian Panglungsod Committee on Trade and Industry.
 Parañaque Fisherman’s Wharf Administrator.
 Business permit and Licensing Office.
 Office of the City Treasurer
 City Legal Office.
 City Environment and Natural Resources.
 City, Agricultural, Fisheries and Aquatic Services Office
 City Health Office
 Representative from the Cooperatives occupying the Wet Section of the Paraňaque
Fisherman Wharf.
ENACTED IN THE CITY OF Parañaque during the regular session of the SANGGUNIANG
PANGLUNGSOD this _____of _______, in the year of our Lord Two Thousand Twenty-Three.

CERTIFIED APPROVED BY THE SANGGUNIANG PANGLUNGSOD

Common questions

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The ordinance facilitates public engagement and stakeholder involvement by creating avenues for stakeholders to consult on business operation hours. It also establishes roles for cooperatives in executing Memorandums of Agreement with the City, and mandates posting policies in accessible areas for transparency. These measures ensure that stakeholders, including current vendors and the local community, have a vested interest and say in the Wharf's governance, which can lead to a more inclusive and sustainable development process .

The ordinance establishes mechanisms such as the appointment of a Pollution Control Officer to ensure compliance with Republic Acts 9003, 9275, 8749, and 6969, ensuring proper sanitation and waste management at the wharf. The Administrator is responsible for maintaining cleanliness and compliance with the Sanitation Code, environmental guidelines, and assigning adequate sanitation facilities, including public toilets and washing facilities . Regular inspections and monitoring are also mandated to ensure ongoing compliance with these regulations .

The governance structure of the Parañaque Fisherman’s Wharf is designed to be under the direct supervision of the City Mayor, with an appointed Administrator responsible for enforcing the Parañaque Fisherman’s Wharf Code and other regulations. The Administrator exercises general supervision over its management, operation, and development, and can propose policies and coordinate improvement plans . Additionally, there is a Pollution Control Officer tasked with ensuring environmental compliance, further supporting the Wharf's management .

The effectiveness of the strategies for maintaining order and resolving disputes is underscored by detailed oversight roles given to the Wharf Administrator and City Mayor, who can cancel stalls, revoke leases, and implement legal sanctions for non-compliance. The ordinance outlines clear repercussions for violations, such as fines and permanent disqualifications for stallholders who breach protocols, supporting orderly management. However, the actual effectiveness will largely depend on the consistent and fair enforcement of these rules .

The ordinance ensures financial accountability by mandating that a security bond be deposited by stallholders and stipulating that business permits and associated fees are collected in alignment with the City Revenue Code. The Wharf Administrator is also tasked with forecasting budget requirements related to maintenance and environmental management. Additionally, public accessibility of permits and registration plates ensures transparency in business operations, thereby promoting financial integrity and sustainability .

Awarding stall spaces and permits involves executing a lease contract with set terms and conditions subject to compliance reviews. The ordinance emphasizes the importance of transparency and procedural fairness by mandating that policies be posted prominently and that preferential rights be respected for existing cooperatives. Ensuring fair and clear regulations may promote a stable business environment and encourage stakeholder involvement. However, challenges include managing this process equitably and preventing disputes, as the ordinance allows for appeals and requires compliance with multiple regulatory requirements .

The main objectives of the ordinance concerning the Parañaque Fisherman’s Wharf are to develop it as a first-class eco-tourism destination, establish it as a marketplace with retail and souvenir stores, and create a ferry pier that connects to PAGCOR Entertainment City. These objectives align with the Local Government Code of 1991, specifically Section 16, which mandates local government units to ensure the preservation and enrichment of culture, promote health and safety, and enhance economic prosperity and social justice within their jurisdictions .

Implementing a Joint Venture Agreement under the PPP Code could bring in private sector expertise and investment, thereby potentially expediting the development and operational efficiency of the Parañaque Fisherman’s Wharf. However, challenges may include ensuring that private interests do not overshadow public welfare, maintaining accountability, and managing transitions from public to joint control. Benefits involve potentially increased resources and innovation in managing the Wharf, while ensuring compliance and public interests necessitates robust oversight and clear contractual terms .

Transforming the Parañaque Fisherman’s Wharf into a first-class eco-tourism location could positively impact the local economy by creating jobs and increasing tourism revenue. It may also enhance local trade and commerce by attracting tourists to purchase local goods and services, thus boosting the livelihood of residents. However, potential negative impacts could include increased environmental strain, displacement of current vendors, and cultural dilution if not managed properly. The development aims to balance economic growth with ecological and social considerations, as highlighted in the ordinance .

The Parañaque Fisherman’s Wharf is structured into specific sections: Dry Goods Section, Wet Section, Wholesale Section, Retail Section, Dampa Section, and Rentable Spaces, each designated for particular types of sales such as seafood, dry goods, or dining services. This structured arrangement is intended to streamline operations, improve the flow of goods and visitors, and enhance the overall market experience by providing clearly organized and distinct areas for different activities .

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