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MODEL CITY REVENUE CODE
CHAPTER/ TITLE Page
ARTICLE
Chapter I GENERAL PROVISIONS
Article A. Short Title and Scope
Article B. Construction of Provisions
Article C. Definition of Terms
Chapter II CITY TAXES
Article A. Real Property Tax
Article B. Tax On Idle Lands
Article C. Special Levy on Lands
Article D. Socialized Housing Tax
Article E. Tax On Transfer Of Real Property Ownership
Article F. Tax on Printing and Publication
Article G. Franchise Tax
Article H. Professional Tax
Article I. Amusement Tax on Admission
Article J. Annual Fixed Tax for Every Delivery Truck or Van of
Manufacturers or Producers, Wholesalers of, Dealers
or Retailers in, Certain Products
Article K. Graduated Tax on Business
Article L. Other Taxes on Business
Tax on Mobile Traders
Tax on Operators of Public Utility Vehicles
Taxes on Ambulant and Itinerant Amusement
Operations
Tax on Mining Operations
Tax on Forest Concessions
Article M. Exemptions
Article N. Situs of the Tax
Article O. Payment of Business Taxes
Article P. Presumptive Income Level
Chapter III PERMIT AND REGULATORY FEES
Article A. Mayor’s Permit Fee on Business
Article B. Fees for Sealing and Licensing of Weights and
Measures
Article C. Building Permit Fees
Article D. Permit Fee for Zonal/Locational Clearance
Article E. Permit Fee for Inspection and Verification of
Subdivision
Article F. Permit Fee for Tricycle Operation
Article G. Permit Fee for Pedaled Tricycle
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Article H. Permit Fee for
Owners/Operators/Licensees/Promoters and
Cockpit Personnel
Article I. Special Permit for Cockfights
Article J. Permit Fee for Occupation/Calling Not Requiring
Government Examination
Article K. Fees for Registration and Transfer of Large Cattle
Article L. Fees for Impounding Astray Animals
Article M. Cat or Sledge Registration Fee
Article N. Permit Fee on Caretela or Calesa
Article O. Permit Fee For Agricultural Machinery and Other
Heavy Equipment
Article P. Permit Fee For Inspection of Machineries and
Engines
Article Q. Permit Fee For Storage of flammable and
Combustible Materials
Article R. Permit Fee For Temporary Use of Streets, Sidewalks,
Alley. Parks and Playground
Article W. Permit Fee For Excavations
Article T. Permit Fee For Circus and Other Parades
Article u. Permit Fee For Conduct of Groups Activities
Article v. Permit Fee for Film-making
Chapter IV SERVICE FEES
Article A. Secretary’s Fees
Article B. Local Civil Registry Fees
Article C. Police Clearance Fee
Article D. Sanitary Inspection Fee
Article E. Service Fees for Health Examination
Article F. Garbage Collection Fees
Article G. Dog Vaccination Fee
Chapter V CITY CHARGES
Article A. Fishery Rentals, Fees and Charges
Article B. Rentals of Personnel and Real Properties Owned by
the City
Article C. Charges for Parking
Article D. Hospital Charges
Article E. Waterworks System Charges
Article F. Cemetery Charges
Article G. Market Fees and Charges
Article H. Slaughterhouse and Corral Fees
Article I. Toll Fees or Charges
Chapter VI COMMUNITY TAX
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Chapter VII GENERAL ADMINISTRATIVE PROVISIONS
Article A. Collection and Accounting of City Taxes and Other
Impositions
Article B. Civil Remedies for Collection of Revenues
Article C. Taxpayer’s Remedies
Article D. Miscellaneous Provisions
Chapter VIII BARANGAY MICRO-BUSINESS ENTERPRISES
(BMBE)
Article A. Preliminary Provisions
Article B. Registration and Operation of BMBEs
Article C. Incentives and Benefits
Article D. Miscellaneous Provisions
Chapter IX GENERAL PENAL PROVISIONS
Chapter X FINAL PROVISIONS
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Republic of the Philippines
City of Cadiz
City Ordinance No. ________
REVENUE CODE OF THE CITY OF CADIZ
Be it ordained by the Sangguniang Panlungsod of the City of Cadiz, that
CHAPTER I. GENERAL PROVISIONS
Article A. Short Title and Scope
Section 1A.01. Short Title. This ordinance shall be known as the Revenue
Code of the City of _____________________,
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 City.
Article B. Construction of Provisions
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.
Section 1B.02. Rules of Construction. - In construing the provisions of this
Code, the following rules of construction shall be observed unless inconsistent
with the manifest intent of the provisions;
(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.
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(c) Reasonable Time. In all cases where any act is required to be done within
the reasonable time, the same shall be deemed to mean such time as may
be necessary for the prompt 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.
(f) Conflicting Provisions of Chapters. If the provisions of different chapters
conflict with or contravene each other, the provisions of each chapter shall
prevail as to all specific matters and questions involved therein.
(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.
Article C. Definition of Terms
Section 1C.01. Definitions – When used in this Code:
(a) Business means trade or commercial activity regularly engaged in as a
means of livelihood or with a view to profit;
(b) Charges refer to pecuniary liability, as rents or fees against persons or
property;
(c) Cooperative is a duly registered association of persons, with a common
bond of interest, who have voluntarily joined together to achieve a
lawful, common, social, or economic end, making equitable
contributions to the capital required and accepting a fair share of the
risks and benefits of the undertaking in accordance with universally
accepted cooperative principles.
(d) Corporations includes partnerships, no matter how created or
organized, joint-stock companies, joint accounts (cuentas en
participation), associations or insurance companies but does not
include general professional partnerships and a joint venture or
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consortium formed for the purpose of undertaking construction
projects or engaging in petroleum, coal, geothermal, and other energy
operations or consortium agreement under a service contract with the
government. General professional partnerships are partnerships
formed by persons for the sole purpose of exercising their common
profession, no part of the income of which is derived from engaging in
any trade or business;
(e) The term "resident foreign" when applied to a corporation means a
foreign corporation not otherwise organized under the laws of the
Philippines but engaged in trade or business within the Philippines.
(f) Countryside and Barangay Business Enterprise refers to any business
entity, association, or cooperative registered under the provisions of RA
6810, otherwise known as Magna Carta for Countryside and Barangay
Business Enterprises (Kalakalan 20);
(g) 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;
(h) 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;
(i) 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);
(j) Levy means an imposition or collection of an assessment, tax, fee,
charge, or fine.
(k) License or Permit is a right or permission granted in accordance with
law or by a competent authority to engage in some business or
occupation or to engage in some transactions.
(l) Municipal Waters include not only streams, lakes and tidal waters
within the city, 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
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two lines drawn perpendicularly to the general coastline from points
where boundary lines of the 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;
(m) 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) Privilege means a right or immunity granted as a peculiar benefit,
advantage or favor.
(o) Persons mean every natural or juridical being, susceptible of rights and
obligations or of being the subject of legal relations;
(p) Rental means the value of the consideration, whether in money, or
otherwise, given for the enjoyment or use of a thing.
(q) 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 where they have their legal residence or principal place of
business or where they conduct their principal business or occupation;
(r) Revenue includes taxes, fees and charges that a state or its political
subdivision collects and receives into the treasury for public purposes.
(s) Services mean the duties, work or functions performed or discharged
by a government officer, or by a private person contracted by the
government, as the case may be.
(t) 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.
(u) Vessels include every type of boat, craft or other artificial contrivance,
capable of being used, as a means of transportation on water.
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(v) 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;
(w) 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.
CHAPTER II: CITY TAXES
Article A. Real Property Tax
Section 2A.01. Imposition of the Basic Real Property Tax. - There is
hereby levied an annual ad valorem tax at the rate of ONE AND TWENTIETH
ONE percent (1.21%) of the assessed value of real property, such as lands,
buildings, machinery and other improvements affixed or attached to real
property located in this city.
Section 2A.02. Additional Levy on Real Property for the Special
Education Fund (SEF). - There is hereby levied a one percent (1%) tax on the
assessed value of real property which shall be in addition to the basic real
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property. The proceeds thereof shall accrue exclusively to the Special
Education Fund (SEF).
[The rate for the additional levy for the SEF is one percent (1%),
meaning provinces, cities and municipalities within the Metropolitan
Manila area may not fix a lower rate as in the case of the basic real
property tax .]
Section 2A.03. Exemptions. - The following are exempted from payment of
the basic real property tax and the SEF tax;
(a) Real property owned by the Republic of the Philippines or any of its
political subdivisions except when the beneficial use thereof has been
granted, for consideration or otherwise, to a taxable person;
(b) Charitable institutions, churches, and parsonage or convents
appurtenant thereto, mosques, nonprofit or religious cemeteries and all
lands, buildings and improvements actually, directly, and exclusively
used for religious, charitable or educational purposes;
(c) All machineries and equipment that are actually, directly and
exclusively used by local water districts and government-owned or
controlled corporations engaged in the supply and distribution of water
and/or generation and transmission of electric power;
(d) All real property owned by duly registered cooperatives as provided for
under RA 6938; and
(e) Machinery and equipment used for pollution control and environmental
protection. Except as provided herein and pursuant to Section 234 of
the LGC, any exemption from payment of real property tax previously
granted to, or presently enjoyed by, all persons, whether natural or
juridical, including all government-owned or controlled corporations are
hereby withdrawn effective January 1, 1992.
Section 2A.04. Time of Payment. - The real property tax herein levied
together with the additional levy on real property for the Special Education
Fund (SEF) shall be due and payable on the first day of January. The same
may, however, at the discretion of the taxpayer, be paid without
interest/penalty in four (4) equal installments: the first installment on or
before March 31; the second installment, on or before June 30; the third
installment, on or before September 30; and the last installment , on or before
December 31.
Both the basic tax and the additional SEF tax must be collected
simultaneously. Payments of real property tax shall first be applied to prior
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years delinquencies, interests and penalties, if any, and only after said
delinquencies are settled may tax payments be credited for the current period.
Section 2A.05. Tax Discount for Advanced and Prompt Payment. - If the
basic real property and additional SEF tax are paid on or before the deadlines
as provided for in Section 2A.05 of this Code, the taxpayer shall be entitled to
a discount of TEN percent (10%). If the above mentioned taxes are paid in full
before January 1, the taxpayer shall be entitled to TWENTY percent (20%) tax
discount.
The above mentioned discount shall only be granted to properties without any
delinquency.
Section 2A.06. Collection and Distribution of Proceeds. - The collection of
the real property tax with interest thereon and related expenses, and the
enforcement of the remedies provided for in this Article or any applicable laws,
shall be the responsibility of the City Treasurer. The City Treasurer may
deputize the Barangay Treasurer to collect all taxes on real property located in
the barangay: Provided, that the Barangay Treasurer is properly bonded for
the purpose: Provided, further, that the premium on the bond shall be paid
by the City Government.
The proceeds of the basic real property tax, including interest thereon, and
proceeds from the use, lease or disposition, sale or redemption of property
acquired at a public auction, and fifty percent (50%) of the tax paid under
protest, in accordance with the provisions of this Article, shall be distributed
as follows:
1. Seventy percent (70%) shall accrue to the General Fund of the City;
2. Thirty percent (30%) shall be distributed among the component
barangays of the city where the property is located in the following
manner:
a. Fifty percent (50%) shall accrue to the barangay where the property
is located.
b. Fifty percent (50%) shall accrue equally to all component barangays
of this city.
The share of the barangay shall be released directly to the Barangay Treasurer
on a quarterly basis within five (5) days after the end of each quarter, without
need of any further action, and shall not be subject to any lien or holdback for
whatever purpose subject to such rules as may be prescribed by the
Commission on Audit for this purpose.
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The proceeds of the additional one percent (1%) SEF tax shall be
automatically released to the city school board for the operation and
maintenance of public schools, construction and repair of school buildings,
facilities and equipment, educational research, purchase of books and
periodicals, and sports development as determined and approved by the city
school board.
Section 2A.07. Administrative Provisions. -
(a) On the Collection of the Real Property Tax
1. Assessor to Furnish Treasurer with Assessment Roll. The City
Assessor shall prepare and submit to the City Treasurer on or before
the thirty-first (31st) day of December each year, an assessment roll
containing a list of all persons whose real properties have been newly
assessed or reassessed and the values of such properties.
2. Notice of Time for Collection of Tax. The City Treasurer shall, on or
before the thirty-first (31st) day of January each year, in the case of
basic real property tax and the additional tax for the SEF or on any
other date to be prescribed by the Sangguniang Panlungsod in the
case of any other tax levied under this Article, post the notice of the
dates when the tax may be paid without interest at a conspicuous
and publicly accessible place at the city hall. Said notice shall
likewise be published in a newspaper of general circulation in the
locality once a week for two (2) consecutive weeks.
3. Payment Under Protest.
a. No protest shall be entertained unless the taxpayers first pays
the tax. There shall be annotated on the tax receipts the
words "paid under protest." The protest in writing must be
filed within thirty (30) days from payment of the tax the City
Treasurer who shall decide the protest within sixty (60) days
from receipt.
b. Fifty percent (50%) of the tax paid under protest shall be held
in trust by the City Treasurer. The other fifty percent (50%)
shall form part of the proceeds to be distributed in accordance
with Sec. 2A.07 of this Code.
c. In the event that the protest is finally decided in favor of the
taxpayer, the amount or portion of the tax protested shall be
refunded to the protester, or applied as tax credit against his
existing or future tax liability.
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d. In the event that the protest is denied or upon lapse of the
sixty (60) day period prescribed in subparagraph a., the
taxpayer may, within sixty (60) days from receipt of the written
notice of assessment, appeal to the City Board of Assessment
Appeals by filing a petition under oath in the standard form
prescribed therefor, together with copies of the tax declaration
and such affidavits or documents in support of the appeal.
4. Repayment of Excessive Collection. When as assessment of basic
real property tax, or any tax levied under this Article, is found to be
illegal or erroneous and tax is accordingly reduced or adjusted, the
taxpayer may file a written claim for refund or credit for taxes and
interests with the City Treasurer within two (2) years from the date
the taxpayer is entitled to such reduction or adjustment.
The City Treasurer shall decide the claim for tax refund or credit
within sixty (60) days from receipt thereof. In case the claim for tax
refund or credit is denied, the taxpayer, may within sixty (60) days
from the date of receipt of the written notice of assessment, appeal to
the City Board of Assessment Appeals by filing a petition under oath
in the standard form prescribed therefor, together with copies of the
tax declaration and such affidavits or documents in support of the
appeal.
5. Notice of Delinquency in the Payment of the Real Property Tax.
a. When the real property tax or any other tax imposed under
this Article becomes delinquent, the City Treasurer shall
immediately cause a notice of the delinquency to be posted at
the main entrance of the hall and in a publicly accessible and
conspicuous place in each barangay. The notice of
delinquency shall also be published once a week for two (2)
consecutive weeks, in a newspaper of general circulation in
the city.
b. Such notice shall specify the date upon which the tax became
delinquent and shall state that personal property may be
distrained to effect payment. It shall likewise state that at any
time before the distraint of personal property, payment of tax
with surcharges, interests, and penalties may be made in
accordance with Sec. 2A.09 of this Code, and unless the tax,
surcharges and penalties are paid before the expiration of the
year for which the tax is due, except when the notice of
assessment or special levy is contested administratively or
judicially, the delinquent real property will be sold at public
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auction, and the title to the property will be vested in the
purchaser, subject, however, to the right of the delinquent
owner of the property or any person having legal interest
therein to redeem the property within one (1) year from the
date of sale.
6. Remedies for the Collection of Real Property Tax. For the collection of
the basic real property tax and any other levied under this
Article, the city may avail of the remedies by administrative action
through levy on real property and sale of real property by public
auction or by judicial action.
7. City Government's Lien. The basic real property tax and any other
tax levied under this Article constitutes alien on the property subject
to tax, superior to all liens, charges or encumbrances in favor of any
person, irrespective of the owner or possessor thereof, enforceable by
administrative or judicial action, and may only be extinguished upon
payment of the tax and related interests and expenses.
8. Levy on Real Property. After the expiration of the time required to
pay the basic real property tax or any other tax levied under this
Article, real property subject to such tax may be levied upon through
issuance of a warrant on or before, or simultaneously with the
institution of the civil action for the collection of the delinquent tax.
The City Treasurer when issuing a warrant of levy shall prepare a
duly authenticated certificate showing the name of the delinquent
owner of the property or person having legal interest therein, the
description of the property, the amount of tax due and the interest
thereon. The warrant shall operate with the force of a legal
execution throughout the city. The warrant shall be mailed to or
served upon the delinquent owner of the real property of person
having legal interest therein, or in case he is out of the country or
cannot be located to the administrator or occupant of the property.
At the same time, written notice of the levy with the attached
warrant shall be mailed to or served upon the City Assessor and
Register of Deeds of the city, who shall annotate the levy on the tax
declaration and certificate of title of the property, respectively.
The levying officer shall submit a report on the levy to the
Sangguniang Panlungsod within ten (10) days after receipt of the
warrant by the owner of the property or person having legal interest
therein.
9. Penalty for Failure to Issue and Execute Warrant. Without prejudice
to criminal prosecution under the Revised Penal Code and other
applicable laws, the City Treasurer or his deputy who fails to issue
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or execute the warrant of levy within one (1) year from the time the
tax becomes delinquent or within thirty (30) days from the date of
issuance thereof, or who is found guilty of abusing the exercise
thereof in an administrative or judicial proceeding shall be
dismissed from the service.
10. Advertisement and Sale. Within thirty (30) days after the service of
the warrant of levy, the City Treasurer shall proceed to publicly
advertise for sale or auction the property or a usable portion
thereof as may be necessary to satisfy the tax delinquency and
expenses of sale. The advertisement shall be affected by posting a
notice at the main entrance of the city hall, and in a publicly
accessible and conspicuous place in the barangay where the
property is located, and by publication once a week for two (2)
consecutive weeks in a newspaper of general circulation in the city.
The advertisement shall specify the amount of the delinquent tax,
the interest due thereon and expenses of sale, the date and place of
sale, the name of the owner of the real property or person having
legal interest therein, and a description of the property to be sold.
At any time before the date fixed for the sale, the owner of the real
property or person having legal interest therein may stay the
proceedings by paying the delinquent tax, the interest due thereon
and the expenses of sale. The sale shall be held either at the main
entrance of the city hall, or on the property to be sold, or at any
other place as specified in the notice of sale.
Within thirty (30) days after the sale, the City Treasurer or his
deputy shall make a report of the sale to the Sangguniang
Panlungsod and which shall form part of his records. The City
Treasurer shall likewise prepare and deliver to the purchaser a
certificate of sale which shall contain the name of the purchaser, a
description of the property sold, the amount of the delinquent tax,
the interest due thereon, the expenses of sale and a brief
description of the proceedings. Provided, however, that proceeds of
the sale in excess of the delinquent tax, the interest due thereon,
and the expenses of sale shall be remitted to the owner of the real
property or person having legal interest therein.
The City Treasurer may advance an amount sufficient to defray the
cost of collection through the remedies provided for in this Article,
including the expenses of advertisement and sale.
11. Redemption of Property Sold. Within one (1) year from the sate of
sale, the owner of the delinquent real property or person having
legal interest therein, or his representative, shall have the right to
redeem the property upon payment to the City Treasurer of the
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amount of the delinquent tax, including the interest due thereon,
and the expenses of sale from the date of delinquency to the date of
sale, plus interest of two percent (2%) per month on the purchase
price from the date of redemption. Such payment shall invalidate
the certificate of sale issued to the purchaser and the owner of the
delinquent real property or person having legal interest therein
shall be entitled to a certificate of redemption which shall be issued
by the City Treasurer or his deputy.
From the date of sale until the expiration of the period of
redemption, the delinquent real property shall remain in
possession of the owner or person having legal interest therein who
shall be entitled to the income and other fruits thereof.
The City Treasurer or his deputy, upon receipt from the purchaser
of the certificate of sale, shall forthwith return to the latter the
entire amount paid by him plus interest of two percent (2%) per
month. Thereafter, the property shall be free from lien of such
delinquent tax, interest due thereon and expenses of sale.
12. Final Deed to Purchaser. In case the owner or person having legal
interest therein fails to redeem the delinquent property as provided
herein, the City Treasurer shall execute a deed conveying to the
purchaser said property, free from lien of the delinquent tax,
interest due thereon and expenses of sale. The deed shall briefly
state the proceedings upon which the validity of the sale rests.
13. Purchase of Property by the City Government 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 real property tax and the related interest and cost of
sale, the City Treasurer conducting the sale shall purchase the
property in behalf of the City Government to satisfy the claim and
within two (2) days thereafter shall make a report of the
proceedings which shall be reflected upon the records of his office.
It shall be the duty of the Register of Deeds upon registration with
his office of any such declaration of forfeiture to transfer the title of
the forfeited property to the city without the necessity of an order
from a competent court.
Within one (1) year from the date of such forfeiture, the owner of the
delinquent real property or person having legal interest therein, or
his representative, shall have the right to redeem the property
upon payment to the City Treasurer the full amount of the real
property tax and the related interest, and the costs of sale. If the
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property is not redeemed as provided herein, the ownership thereof
shall be fully vested to the city.
14. Resale of Real Estate Taken for Taxes, Fees or Charges. The
Sangguniang Panlungsod may, through a separate ordinance and
upon notice of not less than twenty (20) days, sell and dispose of
the real property acquired under the preceding subsection at
public auction. The proceeds of the sale shall accrue to the
General Fund of the City.
15. Further Distraint or Levy. Levy may be repeated if necessary until
the full amount due, including all expenses, is collected.
16. Collection of Real Property Tax Through the Courts. The City
Government may enforce the collection of the basic real property
tax or any tax levied under this article by civil action in any court
of competent jurisdiction. The following civil action shall be filed
by the City Treasurer within the period prescribed in subsection (c)
21 of Sec. 2A.08.
a. The City Treasurer shall furnish the City Legal Office a
certified statement of delinquency who, within fifteen (15) days
after receipt, shall file the civil action in the name of the city,
the proper court of competent jurisdiction. The jurisdiction of
the court is determined by the amount sough to be recovered
exclusive of interests and costs. Thus, where the delinquent
tax due does not exceed Ten Thousand Pesos (P 10,000.00)
the competent court is the City Trial Court and where the
amount is in excess of Ten Thousand Pesos (P 10,000.00), the
proper court is the Regional Trial Court.
b. Where cognizable in an inferior court, the action must be filed
in the city where the delinquent property is located. Where
the Regional Trial Court has jurisdiction, the plaintiff LGU
shall file the complaint in the city where the property is
situated.
c. In both cases, that is, where the claim is either cognizable by
an inferior court or by the Regional Trial Court, the City
Treasurer shall furnish the City Legal Officer the exact address
of the defendant where he may be served with summons.
17. Action Assailing Validity of Tax Sale. No court shall entertain
action assailing the validity of any sale at public auction of real
property or rights therein under this Article until the taxpayer
shall have deposited with the court the amount for the real
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property was sold, together with interest of two percent (2%) per
month from the date of sale to the time of the institution of the
action. The amount so deposited shall be paid to the purchaser at
the auction sale if the deed is declared invalid but it shall be
refunded to the depositor if the action fails.
Neither shall any court declare a sale at public auction invalid by
reason of irregularities or informalities in the proceedings unless
the substantive right of the delinquent owner of real property or the
person having legal interest therein have been impaired.
18. Payment of Delinquent Taxes on Property Subject of Controversy. In
any action involving the ownership or possession of, or succession
tom real property, the court may motu propio or upon
representation of the City Treasurer or his deputy, award such
ownership, possession or succession to any party to the action
upon payment to the court of the taxes with interest due on the
property and all other costs that may have accrued, subject to the
final outcome of the action.
19. Treasurer to Certify Delinquencies Remaining Uncollected. The City
Treasurer or his deputy shall prepare a certified list of all real
property tax delinquencies which remained uncollected or unpaid
for at least one (1) year in his jurisdiction, and a statement of the
reason or reasons for such non-collection or non-payment, and
shall submit to the Sangguniang Panlungsod on or before the
thirty-first (31st) of December of the year immediately succeeding
the year in which the delinquencies were incurred, with a request
for assistance in the enforcement of the remedies for collection
provided herein.
(b) Special Provisions.
1. Condonation or Reduction of Real Property Tax and Interest. In case
of a general failure of crops or substantial decrease in the price of
agricultural or agri-based products, or calamity in the city, the
Sangguniang Panlungsod by ordinance passed prior to the first (1st)
day of January of any year and upon recommendation of the Local
Disaster Coordinating Council, may condone or reduce, wholly or
partially, the taxes and interest thereon for the succeeding year or
years in the city affected by the calamity.
2. Condonation or Reduction of Tax by the President of the Philippines.
The President of the Philippines may, when public interest so
requires, condone or reduce the real property tax and interest for
any year in the city.
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3. Duty of Register of Deeds and Notaries Public to Assist the City
Assessor. It shall be the duty of the Register of Deeds and Notaries
Public to furnish the City Assessor with copies of all contracts
selling, transferring, or otherwise conveying, leasing, or mortgaging
real property received by, or acknowledged before them.
4. Insurance Companies to Furnish Information. Insurance companies
are hereby required to furnish the City Assessor copies of any
contract or policy insurance on buildings, structures and
improvements insured by them or such other documents which may
be necessary for the proper assessment thereof.
5. Fees in Court Actions. As provided for in Sec. 280 of the Local
Government Code, all court actions, criminal or civil, instituted at
the instance of the City Treasurer shall be exempt from the payment
of court and sheriff's fees.
6. Fees in Registration of Papers or Documents on Sale of Delinquent
Real Property to City. As provided for in Section 281 of the Local
Government Code, all certificates, documents, and papers covering
the sale of delinquent property to the city if registered in the Registry
of Property, shall be exempt from the documentary stamp tax and
registration fees.
7. Real Property Assessment Notices or Owner's Copies of Tax
Declarations to be Exempt from Postal Charges or Fees. As provided
for in Sec. 282 of the Local Government Code, all real property
assessment notices or owner's copies of tax declaration sent through
mails by the assessor shall be exempt from the payment of postal
charges or fees.
8. Sale and Forfeiture Before Effectivity of this Code. Tax delinquencies
incurred, and sales and forfeitures of delinquent real property
effected, before the effectivity of this Code shall be governed by the
provisions of applicable ordinance or laws then in force.
Section 2A.08. Interests on Unpaid Real Property Tax. - Failure to pay the
real property tax or any other tax levied under this Article upon the expiration
of the periods as provided in Sec. 21.05, shall subject the taxpayer to the
payment of interest at the rate of two percent (2%) per month on the unpaid
amount or a fraction thereof, until the delinquent tax shall have been fully
paid. In no case shall the total interest on the unpaid tax or portion thereof
exceed thirty-six (36) months.
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Section 2A.09. Penalties for Omission of Property from Assessment or
Tax Rolls by Officers and Other Acts. - Any officer charged with the duty of
assessing a real property who willfully fails to assess or who intentionally
omits from the assessment or tax roll any real property which he knows to be
taxable, or who willfully or negligently under-assesses any real property, or
who intentionally violates or fails to perform any duty imposed upon him by
law relating to the assessment of taxable real property shall, upon conviction,
be punished by a fine of not less than One thousand pesos (P1,000.00) nor
more than Five thousand ,pesos (P5,000.00), or by imprisonment of not less
than one (1) nor more than six (6) months, or both such fine and
imprisonment, . at the discretion of the court.
The same penalty shall be imposed upon any officer charged with the duty of
collecting the tax due on real property who willfully or negligently fails to
collect the tax and institute the necessary proceedings for the collection of the
same.
Any other officer required in this Article to perform acts relating to the
administration of the real property tax or to assist the assessor or treasurer in
such administration, who willfully fails to discharge such duties shall, upon
conviction, be punished by a fine of not less than Five hundred pesos
(P500.00). nor more than Five thousand pesos (P5,000.00) or imprisonment of
not less than one (1) month nor more than six (6) months, or both such fine
and punishment, at the discretion of the court.
Section 2A.10. Penalties for Delaying Assessment of Real Property and
Assessment Appeals. - Any government official who intentionally and
deliberately delays the assessment or real property or the filing of any appeal
against its assessment shall, upon conviction, be punished by a fine of not
less than Five hundred pesos (P500.00). nor more than Five thousand pesos
(P5,000.00) or imprisonment of not less than one (1) month nor more than six
(6) months, or both such fine and punishment, at the discretion of the court..
Section 2A.11. Penalties for Failure to Dispose the Delinquent Real
Property at Public Auction. - The City Treasurer who fails to dispose of
delinquent real property at public auction in compliance with the pertinent
provisions of this Article any other local official whose acts hinder the prompt
disposition of delinquent real property at public auction shall, upon
conviction, be subject to a fine of not less than One thousand pesos
(P1,000.00) nor more than Five thousand ,pesos (P5,000.00), or by
imprisonment of not less than one (1) nor more than six (6) months, or both
such fine and imprisonment, . at the discretion of the court.
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Article B: Tax On Idle Lands
Section 2B.01. Idle Lands, Coverage. - For purposes of real property
taxation, idle lands shall include the following:
(a) Agricultural lands, more than one (1) hectare in area, suitable for
cultivation, dairying, inland fishery, and other agricultural uses, one-
half (1/2) of which remain uncultivated or unimproved by the owner of
the property or person having legal interest therein. Agricultural lands
planted to permanent or perennial crops with at least fifty (50) trees to a
hectare shall not be considered idle lands. Lands actually used for
grazing purposes shall likewise not be considered idle lands.
(b) Lands, other than agricultural, located in the city, more than one
thousand (1,000) square meters in area one-half (1/2) of which remain
unutilized or unimproved by the owner of the property or person having
legal interest therein.
Regardless of land area, this Article shall likewise apply to residential
lots in subdivisions duly approved by proper authorities, the ownership
of which has been transferred to individual owners, who shall be liable
for the additional tax. Provided, however, that individual lots of such
subdivisions, the ownership of which has not been transferred to the
buyer shall be considered as part of the subdivision, and shall be
subject to the additional tax payable by subdivision owner or operator.
Section 2B.02. Imposition of Tax. - There is hereby levied an annual tax on
idle lands at the rate of ___________ percent (____%) of the assessed value of
the property which shall be in addition to the basic real property tax.
[The authorized rate for the additional ad valorem tax on idle lands is
‘not exceeding five percent (5%)]
Section 2B.03. Exemptions. - The idle land tax shall not apply to idle lands
wherein the landowner is physically or legally prevented from improving,
utilizing or cultivating the same by reason of force majeure, civil disturbance,
natural calamity or any justifiable cause or circumstance.
Any persons having legal interest on the land desiring to avail of the
exemption under this section shall file the corresponding application with the
City Treasurer. The application shall state the ground(s) under which the
exemption is being claimed.
Section 2B.04. Collection and Accrual of Proceeds. - The annual tax on
idle lands shall be collected at the same time and in the same manner as that
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of the basic real property tax. The proceeds shall accrue to the General Fund
of the city.
Section 2B.05. Listing of Idle Lands by the Assessor. - The City Assessor
shall make and keep an updated record of idle lands located within his area of
jurisdiction. For purposes of collection, the City Assessor shall furnish a copy
thereof to the City Treasurer who shall notify, on the basis of such record, the
owner of the property or person having legal interest therein of the imposition
of the additional tax.
Article C. Special Levy on Lands
Section 2C.01. Special Levy; Its Meaning. - Special levy is a form of
taxation based on the benefit principle. The land upon which it is imposed is
supposed to have derived some special benefits in terms of higher values from
the improvements introduced by the government.
Section 2C.02. Imposition of Levy. - A special levy is hereby imposed on the
lands specially benefited by public works projects or improvements funded by
the city at a rate of (not exceeding sixty percent (60%)) the actual cost of such
projects and improvements, including the cost of acquiring land and such
other real property in connection therewith.
Section 2C.03. Exemptions. - The special levy shall not apply to lands
owned by:
(a) The Republic of the Philippines or any of its political subdivisions except
when the beneficial use thereof has been granted for consideration or
otherwise to a taxable person.
(b) Charitable institutions, churches, parsonages or convents appurtenant
thereto, and all lands exclusively used for religious, charitable or
educational purposes; and
(c) Duly registered cooperatives as provided for under RA 6938.
The special levy shall not also apply to the remainder of the land portions of
which have been donated to the city for the construction of such projects or
improvements.
Section 2C.04. Time of Payment. - The special levy shall be paid within the
quarter following the effectivity of the ordinance imposing such levy.
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Section 2C.05. Collection and Accrual of Proceeds. - Collection of special
levy on land shall be the responsibility of the City Treasurer. The proceeds
shall accrue to the General Fund of the City.
Section 2C.06. Administrative Provisions. –
(c) Fixing the Amount of Special Levy. - The special levy authorized
herein shall be apportioned, computed, and assessed according to the
assessed valuation of the lands affected as shown by the books of the
City Assessor, or its current assessed value as fixed by said assessor if
the property does not appear of record in his books. Upon the effectivity
of the ordinance imposing special levy, the City Assessor shall forthwith
proceed to determine the annual amount of special levy assessed
against each parcel of land comprised within the area especially
benefited and shall send to each landowner a written notice thereof by
mail, personal service or publication in appropriate cases.
(d) Taxpayer's Remedies Against Special Levy. - Any owner of real
property affected by a special levy or any person having a legal interest
therein may, within sixty (60) days from the date of receipt of the
written notice of assessment of the special levy, appeal to the City Board
of Assessment Appeals by filing a petition under oath in the form for the
purpose, together with copies of the tax declarations and such affidavits
or documents in support of the appeal.
Article D. Socialized Housing Tax
Section 2D.01. Definition. - When used in this article
(a) Socialized housing refers to housing programs and projects covering
houses and lots or homelots only duly undertaken by the government
and private sector for the underprivileged and homeless citizens which
shall include sites and services development, long-term financing,
liberalized terms on interest payments, and such other benefits in
accordance with the provisions of the Urban Development and Housing
Act of 1992.
(b) Urban areas refer to all cities regardless of their population density and
to municipalities with a population density of at least five hundred (500)
persons per square kilometer.
Section 2D.02. Exemptions. - The following are exempted from the socialized
housing tax:
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(a) Those included in the coverage of RA 6657, otherwise know as the
Comprehensive Agrarian Reform law.
(b) Those actually used for national defense and security of the state;
(c) Those used, reserved or otherwise set aside for government offices,
facilities and other installations whether owned by the National
Government, its agencies and instrumentalities, including government-
owned or controlled corporations, or by the local government units.
provided, however, that the lands herein mentioned, or portions thereof,
which have not been used for the past ten (10) years from the effectivity
of RA 7279 shall be covered by this tax.
(d) Those used or set aside for parks, reserves for flora and fauna, forests
and watersheds, and other areas necessary to maintain ecological
balance or environmental protection, as determined and certified by the
proper government agency; and
(e) Those actually and primarily used for religious, charitable , or
educational purposes, cultural and historical sites, hospitals and health
centers, and cemeteries or memorial parks.
Section 2D.03. Imposition of Tax. - There is hereby imposed a socialized
housing tax at the rate of one half percent (0.5%) on the assessed value of
lands in urban areas in excess of fifty thousand pesos (PhP50,000.00)
Section 2D.04. Collection and Accrual of Proceeds. - The fixed tax on
socialized housing shall be collected at the same time and in the same
manner as that of the basic real property tax. The proceeds of the additional
socialized housing tax shall accrue to the Urban Development and Housing
Program of the city.
Section 2D.05. Administrative Provisions. - The City Assessor shall keep
an updated record of lands in urban areas within his jurisdiction with
assessed values in excess of Fifty Thousand Pesos (P 50,000). For purposes of
collection, the City Assessor shall notify, on the basis of such record, the
owner of the property or person having legal interest therein of the imposition
of the additional tax.
Article E: Tax On Transfer Of Real Property Ownership
Section 2E.01. Imposition of Tax. - There is hereby levied a tax on the sale,
donation, barter, or on any other mode of transferring ownership or title of
real property at the rate of seventy-five percent (75%) of one percent (1%) of
the total consideration involved in the acquisition of the property or the fair
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market value in case the monetary consideration involved in the transfer is
not substantial, whichever is higher.
The fair market value as used herein shall be that reflected in the prevailing
schedule of fair market values enacted by the Sangguniang Panlungsod.
Section 2E.02. Exemptions. - The sale, transfer or other disposition of real
property pursuant to RA 6657 shall be exempt from this tax.
Section 2E.03. Time of Payment. - It shall be the duty of the seller, donor,
transferor, executor or administrator to pay to the City Treasurer the tax
herein imposed within sixty (60) days from the date of the execution of the
deed or from the date of the property owner's death.
Section 2E.04. Administrative Provisions. -
(a) The Registrar of Deeds of the city shall, before registering any deed,
require the presentation of the evidence of payment of this tax. The City
Assessor shall likewise make the same requirement before canceling an
old tax declaration and issuing a new one.
(b) Notaries Public shall furnish the City Treasurer with a copy of any deed
transferring ownership or title to any real property within thirty (30)
days from the date of notarization.
Article F. Tax on Printing and Publication
Section 2F.01. Imposition of Tax. - There is hereby levied a tax at the rate
of seventy-five percent (75%) of one percent (1%) of the gross annual receipts
for the preceding calendar year on the business of persons engaged in the
printing and/or publication of books, cards, posters, leaflets, handbills,
certificates, receipts, pamphlets, and others of similar nature.
In the case of a newly started business, the tax shall be one-twentieth (1/20)
of one percent (1%) of one percent (1%) of the capital investment. In the
succeeding calendar year, regardless of when the business started to operate,
the tax shall be based on the gross receipts for the preceding calendar year, or
any fraction thereof, as provided herein.
Section 2F.02. Exemptions. - The receipts from the printing and/or
publishing of books or other reading materials prescribed by the Department
of Education, Culture and Sports as school texts or references shall be exempt
from the tax herein imposed.
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Section 2F.03. Time of Payment. - The tax imposed in this Article shall be
due and payable in quarterly installments to the City Treasurer, within the
first twenty (20) days following each quarter In the case of a newly-started
business, the tax shall be paid before the business starts to operate.
Article G. Franchise Tax
Section 2G.01. Definition. - When used in this Article, franchise is a right or
privilege, affected with public interest which is conferred upon private persons
or corporation, under such terms and conditions as the government and its
political subdivision may impose in the interest of public welfare, security and
safety.
Section 2G.02. Imposition of Tax. - There is hereby imposed a tax on
business enjoying a franchise tax, at a rate of seventy-five percent (75%) of
one percent (1%) of the gross annual receipts, which shall include both cash
sales and sales on account realized during the preceding calendar year within
this province, excluding the territorial limits of the city.
In the case of a newly started business, the tax shall be one-twentieth (1/20)
of one percent (1%) of the capital investment. In the succeeding calendar
year, regardless of when the business started to operate, the tax shall be
based on the gross receipts for the preceding calendar year, or any fraction
thereof, as provided herein.
The capital investment to be used as basis of the tax of a newly started
business as herein provided shall be determined in the following manner.
(a) If the principal office of the business is located in the city, the paid-up
capital stated in the articles of corporation in case of corporations, or in
any similar document in case of other types of business organization,
shall be considered as capital investment.
(b) In the case of a branch or sales office located in the city which
commences business operations during the same year as the principal
office but which is located in another locality, the paid-up capital
referred in (a) shall mean the amount of the capital investment made for
the said branch or sales office.
(c) Where the newly started business is a branch or sales office
commencing operations at a year later than that of the principal office,
capital investment shall mean the total funds invested in the branch or
sales office.
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Section 2G.03. Exemptions. - The term businesses enjoying franchise shall
not include holders of certificates of public convenience for the operation of
public vehicles for reason that such certificates are not considered as
franchises.
Section 2G.04. Time of Payment. The tax imposed in this Article shall be
due and payable in quarterly installments to the City Treasurer, within the
first twenty (20) days following each quarter In the case of a newly-started
business, the tax shall be paid before the business starts to operate.
[The sanggunian may prescribe an annual payment on or before
January 20.]
Article H. Professional Tax
Section 2H.01. Imposition of Tax. - There is hereby imposed an annual
professional tax on each person engaged in the exercise or practice of his
profession requiring government examination at the rate of Three hundred
pesos (P300.00)
Section 2H.02. Coverage. - Professionals who passed the bar examinations,
or any board or other examinations conducted by the Professional Regulation
Commission (PRC) shall be subject to the professional tax.
Section 2H.03. Exemption. - Professionals exclusively employed in the
government shall be exempt from the payment of this tax.
Section 2H.04. Payment of the Tax. - The professional tax shall be paid
before any profession herein specified can be lawfully pursued. A line of
profession does not become exempt even if conducted with some other
profession for which the tax has been paid.
Section 2H.05. Time of Payment. - The professional tax shall be payable
annually, on or before the thirty-first (31st) day of January of each year to the
City Treasurer. Any person first beginning to practice a profession after the
month of January must, however, pay the full tax before engaging therein.
Section 2H.06. Place of Payment. - Every person legally authorized to
practice his profession in this province shall pay to the city where he
maintains his principal office in case he practices his profession in several
places.
Section 2H.07. Administrative Provisions. -
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(a) A person who paid the professional tax shall be entitled to practice his
profession in any part of the Philippines without being subjected to any
other national or local tax or fee for the practice of such profession.
(b) The City Treasurer before accepting payment of the tax, shall require
the presentation of the valid Professional Licenses issued by the
Professional Regulations Commission.
(c) Any individual or corporation employing a person subject to the
professional tax shall require payment by that person of the tax on his
profession before employment and annually thereafter.
(d) Any person subject to the professional tax shall write in deeds, receipts,
prescriptions, reports, books of account, plans and designs, survey's
and maps, as the case may be, the number of the official receipt issued
to him.
Article I. Amusement Tax on Admission
Section 2I.01. Definitions. - When used in this Article:
(a) Amusement is a pleasurable diversion and entertainment. It is
synonymous to relaxation, avocation, pastime or fun.
(b) Amusement Places include theaters, cinemas, concert halls, circuses,
and other places of amusement where on seeks admission to entertain
oneself by viewing the show or performances.
Section 2I.02. Imposition of Tax. - There is hereby levied a tax to be
collected from the proprietors, lessees, or operators of theaters, cinemas,
concert halls, circuses, boxing stadia, and other places of amusement at the
rate of ten percent (`10%) of the gross receipts from admission fees.
Section 2I.03. Manner of Computing Tax. - In the case of theaters or
cinemas, the tax shall first be deducted and withheld by their proprietors,
lessees, or operators and paid to the City Treasurer before the gross receipts
are divided between said proprietors, lessees, or operators and the
distributors of the cinematographic films.
Section 2I.04. Exemption. - The holding of operas, concerts, dramas,
recitals, painting and art exhibitions, flower shows, musical programs, literary
and oratorical presentations, except pop, rock or similar concerts shall be
exempted from the payment of the tax herein imposed.
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Section 2I.05. Time and Place of Payment. – The amusement tax on
admission herein imposed shall be due and payable by the proprietor, lessee
or operator concerned, within the first twenty (20) days of the month next
following that for which they are due to the City Treasurer before the gross
receipts are divided between the proprietors, lessees, or operator and the
distributors of the cinematographic films.
In the case of itinerant operators of similar modes of amusement, the tax
herein prescribed shall be paid immediately after the last full show or
performance.
Section 2I.06. Administrative Provisions. –
(a) Filing of Return. Upon payment of the tax due, the proprietors, lessees,
or operators of theaters, cinemas, concert halls, circuses, boxing stadia,
and other places of amusement, shall attach a true and complete sworn
return showing the gross receipts from admission fees during the
preceding month.
(b) Forms of Tickets. The proprietor, lessee or operator of an amusement
place where payment of a fee is required for admission, shall provide for
himself with tickets which shall be serially numbered indicating therein
the name of the amusement place and the admission price. The serial
number must be printed on both ends of tickets such that when divided
into two upon being presented for admission, the serial number shall
appear on both parts. The gatekeeper shall drop one-half of the torn
ticket in a locked box or receptacle and the other half to be returned to
the customer. The box or receptacle shall only opened in the presence
of a representative from the Office of the City Treasurer.
(c) Registration of Tickets. All admission tickets which shall be sold to the
public must first be registered with the Office of the City Treasurer and
shall be stamped with the seal of said office. It shall unlawful for any
proprietor, operator and lessee of an amusement place to keep on his
possession or have unregistered tickets in the amusement place.
(d) Verification of Tickets. The City Mayor or City Treasurer shall, whenever
they deem it necessary for the good of the service, post their duly
authorized inspectors at the gates of amusement places for the purpose
of verifying all tickets sold thereat.
Said duly authorized inspectors shall have access to all admission tickets
being sold to the public from opening time of the amusement place up to
closing time.
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Article J. Annual Fixed Tax for Every Delivery Truck or Van
of Manufacturers or Producers, Wholesalers of,
Dealers or Retailers in, Certain Products
Section 2J.01. Imposition of Tax. - There is hereby imposed an annual fixed
tax for every truck, van or any motor vehicle used by manufacturers,
producers, wholesalers, dealers or retailers in the delivery or distribution of
distilled spirits, fermented liquors, soft-drinks, cigar and cigarettes, and other
products as may hereafter be determined by the Sangguniang Panlungsod, to
sales outlets, or consumers, whether directly or indirectly, within the city in
the amount of Six hundred five pesos (P605.00).
Section 2J.02. Exemption. - The manufacturers, producers, wholesalers,
dealers, and retailer referred to in the preceding sections shall be exempt from
the payment of the peddler’s tax in the sale of any merchandise or article of
commerce imposable by the city.
Section 2J.03. Time and Place of Payment. - The tax imposed in this
Article shall accrue on the first day of January and shall be paid to the City
Treasurer within the first twenty (20) days of January.
Article K. Graduated Tax on Business
Section 2K.01. Definitions. - When used in this Article.
(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.
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Agricultural products as defined include those that undergo not only
simple but 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;
(c) Amusement is a pleasurable diversion and entertainment. It is
synonymous to relaxation, avocation, pastime, or fun;
(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.
(h) Cabaret/Dance Hall includes any place or establishment where dancing
is permitted to the public in consideration of any admission, entrance,
or any other fee paid, on or before, or after the dancing, and where
professional hostesses or dancers are employed.
(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;
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(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;
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 planing 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 hoses; 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
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and immigration brokers; cinematographic film owners, lessors and
distributors.
The term contractor shall include 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 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;
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(p) Marginal Farmer or Fisherman refers to individuals engaged in
subsistence farming or fishing which shall be limited to the sale, barter
or exchange of agricultural or marine products produced by himself
and his immediate family and whose annual net income from such
farming or fishing does not exceed Fifty Thousand Pesos ( 50,000.00)
or the poverty line established by NEDA for the particular region or
locality, whichever is higher;
(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.
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(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.
Section 2K.02. Imposition of Tax. - There is hereby imposed on the following
persons who establish, operate, conduct or maintain their respective business
within the City a graduated business tax in the amounts hereafter prescribed:
(a) On manufacturers, assemblers, repackers, processors, brewers, distillers,
rectifiers, and compounders or liquors, distilled spirits, and wines or
manufacturers of any article of commerce of whatever kind or nature. In
accordance with the following schedule:
Amount of Gross Sales/Receipts Amount of Tax
For the Preceding Calendar Year per Annum
Less than 10,000.00 247.50
10,000.00 or more but less than 15,000.00 330.00
15,000.00 or more but less than 20,000.00 453.00
20,000.00 or more but less than 30,000.00 660.00
30,000.00 or more but less than 40,000.00 990.00
40,000.00 or more but less than 50,000.00 1,237.50
50,000.00 or more but less than 75,000.00 1,980.00
75,000.00 or more but less than 100,000.00 2,475.00
100,000.00 or more but less than 150,000.00 3,300.00
150,000.00 or more but less than 200,000.00 4,125.00
200,000.00 or more but less than 300,000.00 5,775.00
300,000.00 or more but less than 500,000.00 8,250.00
500,000.00 or more but less than 750,000.00 12,000.00
750,000.00 or more but less than 1M 15,000.00
1,000,000.00 or more but less than 2M 20,625.00
2,000,000.00 or more but less than 3M 24.750.00
3,000,000.00 or more but less than 4M 29,700.00
4,000,000.00 or more but less than 5M 34,650.00
5,000,000.00 or more but less than 6.5M 36,562.50
6,500,000.00 or more At a rate of forty -
eight & four tenths
percent (48.40%)
of one percent (1%)
The preceding rates shall apply only to amount of domestic sales of
manufacturers, assemblers, repackers, processors, brewers, distillers,
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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 Article.
(b) On wholesalers, distributors, or dealers in any article of commerce of
whatever kind or nature in accordance with the following schedules:
Amount of Gross Sales/Receipts Amount of Tax
For the Preceding Calendar Year per Annum
Less than 1,000.00 27.00
1,000.00 or more but less than 2,000.00 49.50
2,000.00 or more but less than 3,000.00 75.00
3,000.00 or more but less than 4,000.00 108.00
4,000.00 or more but less than 5,000.00 150.00
5,000.00 or more but less than 6,000.00 181.50
6,000.00 or more but less than 7,000.00 214.50
7,000.00 or more but less than 8,000.00 247.50
8,000.00 or more but less than 10,000.00 280.50
10,000.00 or more but less than 15,000.00 330.00
15,000.00 or more but less than 20,000.00 412.50
20,000.00 or more but less than 30,000.00 495.00
30,000.00 or more but less than 40,000.00 660.00
40,000.00 or more but less than 50,000.00 990.00
50,000.00 or more but less than 75,000.00 1,485.00
75,000.00 or more but less than 100,000.00 1,980.00
100,000.00 or more but less than 150,000.00 2,805.00
150,000.00 or more but less than 200,000.00 3,630.00
200,000.00 or more but less than 300,000.00 4,950.00
300,000.00 or more but less than 500,000.00 6,600.00
500,000.00 or more but less than 750,000.00 9,900.00
750,000.00 or more but less than 1M 13,200.00
1,000,000.00 or more but less than 2M 15,000.00
2,000,000.00 or more At a rate of forty -
eight & four tenths
percent (48.40%)
of one percent (1%)
The businesses enumerated in paragraph (a) above shall no longer be subject
to the tax on wholesalers, distributors, or dealers provided in this Article.
(c) On exporters, and on manufacturers, millers, producers, wholesalers,
distributors. dealers or retailers of essential commodities enumerated
hereunder at a rate not exceeding one-half (1/2) of the rates prescribed
under subsections (a), (b), and (d) of this Article;
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(1) Rice and Corn;
(2) Wheat or cassava flour, meat, dairy products, locally manufactured,
processed or preserved food, sugar, salt and agricultural marine, and
fresh water products, whether in their original state or not;
(3) Cooking oil and cooking gas;
(4) Laundry soap, detergents, and medicine;
(5) Agricultural implements, equipment and post-harvest facilities,
fertilizers, pesticides, insecticides, herbicides and other farm inputs;
(6) Poultry feeds and other animal feeds;
(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.
Amount of Gross Sales/Receipts For Amount of Tax
the Preceding Calendar Year per Annum
More than P50,000.00 but not over P400,000.00 3%
More than P400,000.00 1 %
The rate of three percent (3%) per annum shall be imposed on sales not
exceeding Four Hundred Thousand Pesos (P 400,000.00) while the rate of one
percent (1%) 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
Fifty Thousand Pesos (P50,000.00) subject to existing laws and regulations.
(e) On contractors and other independent contractors, in accordance with the
following schedule:
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Amount of Gross Sales/Receipts Amount of Tax per
For the Preceding Calendar Year Annum
Less than 5,000.00 41.25
5,000.00 or more but less than 10,000.00 92.40
10,000.00 or more but less than 15,000.00 156.75
15,000.00 or more but less than 20,000.00 247.50
20,000.00 or more but less than 30,000.00 412.50
30,000.00 or more but less than 40,000.00 577.50
40,000.00 or more but less than 50,000.00 825.00
50,000.00 or more but less than 75,000.00 1,320.00
75,000.00 or more but less than 100,000.00 1,980.00
100,000.00 or more but less than150,000.00 2,970.00
150,000.00 or more but less than200,000.00 3,960.00
200,000.00 or more but less than250,000.00 5,445.00
250,000.00 or more but less than300,000.00 6,930.00
300,000.00 or more but less than400,000.00 9,240.00
400,000.00 or more but less than500,000.00 12,375.00
500,000.00 or more but less than750,000.00 13,875.00
750,000.00 or more but less than 1M 15,375.00
1,000,000.00 or more but less than 2M 17,250.00
2,000,000.00 or more At a rate of forty-
eight & four tenths
percent (48.40%) of
one percent (1%) in
excess of
2,000,000.00
Provided, that in no case shall the tax on gross sales of P2,000,000.00 or more
be less than P17,250.00.
For purposes of this section, the tax on 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.
(f) On banks and other financial institutions, at the rate of seventy-five
percent (75%) of one percent (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.
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All other income and receipts not herein enumerated shall be excluded in
the computation of the tax.
(g) The same rates of graduated taxes, viz.:
Amount of Gross Sales/Receipts Amount of Tax
For the Preceding Calendar Year per Annum
Less than 5,000.00 41.25
5,000.00 or more but less than 10,000.00 92.40
10,000.00 or more but less than 15,000.00 156.75
15,000.00 or more but less than 20,000.00 247.50
20,000.00 or more but less than 30,000.00 412.50
30,000.00 or more but less than 40,000.00 577.50
40,000.00 or more but less than 50,000.00 825.00
50,000.00 or more but less than 75,000.00 1,320.00
75,000.00 or more but less than 100,000.00 1,980.00
100,000.00 or more but less than150,000.00 2,970.00
150,000.00 or more but less than200,000.00 3,960.00
200,000.00 or more but less than250,000.00 5,445.00
250,000.00 or more but less than300,000.00 6,930.00
300,000.00 or more but less than400,000.00 9,240.00
400,000.00 or more but less than500,000.00 12,375.00
500,000.00 or more but less than750,000.00 13,875.00
750,000.00 or more but less than 1M 15,375.00
1,000,000.00 or more but less than 2M 17,250.00
2,000,000.00 or more At a rate of eight
& four tenths
percent
(48.40%) of one
percent (1%) in
excess of
2,000,000.00
Provided, that in no case shall the tax on gross sales of P2,000,000.00 or more
be less than P17,250.00 are hereby imposed on the businesses hereunder
enumerated:
1. Restaurants, cafes, cafeterias, carinderias, eateries, food caterers, ice
cream and other refreshment parlors, and soda fountain bars;
2. Amusement places, including places wherein customers thereof
actively participate without making bets or wagers, including but not
limited to night clubs, or day clubs, cocktail lounges, cabarets or
dance halls, karaoke bars, skating rinks, bath houses, swimming
pools, exclusive clubs such as country and sports clubs, resorts and
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other similar places, billiard and pool tables, bowling alleys, circuses,
carnivals, merry-go-rounds, roller coasters, ferris wheels, swings,
shooting galleries, and other similar contrivances, theaters and cinema
houses, boxing stadia, race tracks, cockpits and other similar
establishments.
3. Commission agents
4. Lessors, dealers, brokers of real estate;
5. Travel agencies and travel agents
6. Boarding houses, pension houses, motels, apartments, apartelles,
and condominiums
7. Subdivision owners/ Private Cemeteries and Memorial Parks
8. Privately-owned markets;
9. Hospitals, medical clinics, dental clinics, therapeutic clinics, medical
laboratories, dental laboratories;
10. Cockpit operations (to include plasada and cockpit rentals)
11. Operators of Cable Network System
12. Operators of computer services establishment
13. General consultancy services
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 P17,250.00.
(h) On peddlers engaged in the sale of any merchandise or article of commerce,
at the rate of Seventy-five pesos (P75.00) per peddler annually.
Article L. Other Taxes on Business
Tax on Mobile Traders
Section 2L.01. Definition. - When used in this Article
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A Mobile Trader is a person, who either for himself or commission, travels
from place to place and sells his goods or sells and offers to deliver the same,
using a vehicle. Subsumed in this definition are rolling stores, portable
stores, and similar arrangements.
Section 2L.02. Imposition of Tax. - There is hereby imposed an annual
tax at the rate of one percent (1%) on the gross receipts of Mobile Traders.
Section 2L.03. Time of Payment. - The tax shall be paid upon the issuance
of the Mayor’s Permit to do business in the city/municipality.
Section 2L.04. Administrative Provisions. - The City Treasurer shall
determine the taxable gross receipts by applying the Presumptive Income
Level Technique provided in this Code, and thereafter assess and collect the
tax due.
Tax on Operators of Public Utility Vehicles
Section 2L.05. Imposition of Tax. - There is hereby imposed a tax on
operators of public utility vehicles maintaining booking office, terminal, or
waiting station for the purpose of carrying passengers from this city under a
certificate of public convenience and necessity or similar franchises:
Amount of Fee
Kind of Public Utility
per Annum
Air-conditioned buses _____ per unit
Buses without air conditioning _____ per unit
"Mini" buses _____ per unit
Jeepneys/AUVs _____ per unit
Taxis _____ per unit
NOTE: Rate may be determined by computing estimated earning per
day x 300 days x rate not to exceed 2% of gross receipts)
Section 2L.06. Time of Payment. The tax shall be paid within the first
twenty (20) days of January of each year.
Tax on Ambulant and Itinerant Amusement Operators
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Section 2L.07. Imposition of Tax. There is hereby imposed a tax on
ambulant and itinerant amusement operators during fiestas and fairs at the
following rates:
Type of Amusement Amount of Fee
Circus, carnivals, or the like per day P 330/day
Merry-Go-Round, roller coaster, ferris wheel, P 165/day
swing, shooting gallery and other similar
contrivances per day
Sports contest/exhibitions per day P 550/day
Cockfight:
per Sultada -Ordinary P 16.50/fight
Per cockfight - Derby P 33.00/fight
Section 2L.08. Time of Payment. The tax herein imposed shall be
payable before engaging in such activity.
Tax on Forest Concessions and Forest Products
Section 2L.15. Definitions. - When used in this Section
(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.
Section 2L. 16. Imposition of Tax. - There is hereby imposed a tax on forest
concessions and forest products at a rate of one percent (1%) of the annual
gross receipts of the concessionaire during the preceding year.
Section 2L.17. 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.
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Article M. Exemptions
Section 2M.01. Exemption. - Business engaged in the production,
manufacture, refining, distribution of oil, gasoline, and other petroleum
products shall not be subject to any local tax imposed under Article A and
Article B.
Delivery trucks, vans or vehicles used by manufacturers, producers,
wholesalers, dealers or retailers enumerated under Section 141 of R.A. 7160
shall be exempt: from the peddlers tax herein imposed.
The tax herein imposed shall be payable within the first twenty (20) days of
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.
Article N. Situs of Tax
Section 2N.01. Situs of the Tax. -
(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:
1. Principal Office - the head or main office of the businesses
appearing in the pertinent documents submitted to the Securities
and Exchange Commission, or the Department of Trade and
Industry, or other appropriate agencies as the case may be.
The city or municipality specifically mentioned in the articles of
the incorporation or official registration papers as being the official
address or said principal office shall be considered as the situs
thereof.
In case there is a transfer or relocation of the principal office to
another city or municipality, it shall be the duty of the owner,
operator or manager of the business to give due notice of such
transfer or relocation to the local chief executives of the cities or
municipalities concerned within fifteen (15) days after such
transfer or relocation is effected.
2. Branch or Sales Office - a fixed place in a locality which conducts
operations of the businesses as an extension of the principal
office. However, offices used only as display areas of the products
where no stocks or items are stored for sale, although orders for
the products may be received thereat, are not branch or sales
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offices as herein contemplated. A warehouse which accepts
orders and/or issues sales invoices independent of a branch with
sales office shall be considered as a sales office.
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.
4. Plantation - a tract of agricultural land planted to trees or
seedlings whether fruit bearing or not, uniformly spaced or seeded
by broadcast methods or normally arranged to allow highest
production. For purpose of this Article, inland fishing ground
shall be considered as plantation.
5. Experimental Farms - agricultural lands utilized by a business or
corporation to conduct studies, tests, researches or experiments
involving agricultural, agri-business, marine or aquatic livestock,
poultry, dairy and other similar products for the purpose of
improving the quality and quantity of goods and products.
However, on-site sales of commercial quantity made in experimental
farms shall be similarly imposed the corresponding tax under
paragraph (b), Article 2L.01 of this Ordinance.
(b) Sales Allocation
1. All sales made in a locality where there is branch or sales office or
warehouse shall be recorded in said branch or sales office or
warehouse and the tax shall be payable to the city or
municipality where the same is located.
2. In cases where there is no such branch, sales office, plant or
plantation in the locality where the sale is made, the sale shall
be recorded in the 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.
3. In cases where there is a factory, project office, plant or plantation
in pursuit of business, thirty percent (30%) if all sales recorded
in the principal office shall be taxable by the city or municipality
where the principal office is located and seventy percent (70%) of
all sales recorded in the principal office shall be taxable by the
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city or municipality where the factory, project office, plant or
plantation 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 be entitled 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:
Sixty percent (60%) to the city or municipality where the
factory is located; and
Forty percent (40%) to the city or municipality where the
plantation is located.
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.
In the case of project offices of services and other independent
contractors, the term production shall refer to the costs of
projects actually undertaken during the tax period.
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.
7. In case of manufacturers or producers which engage the services
of an independent contractor to produce or manufacture some of
their products, the rules on situs of taxation provided in this
article as clarified in the paragraphs above shall apply except
that the factory or plant and warehouse of the contractor utilized
for the production or storage of the manufacturer's products
shall be considered as the factory or plant and warehouse of the
manufacturer.
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8. All sales made by the factory, project office, plant or plantation
located in this city shall be recorded in the branch or sales office
which is similarly located herein, and shall be taxable by this
city. In case there is no branch or sales office or warehouse in
this city, but the principal office is located therein, the sales
made in the dais factory shall be taxable by this city 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 L,
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
city 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 city 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.
Article O. Payment of Business Taxes
Section 2O.01. Payment of Business Taxes. -
(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
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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 2O.02. Accrual of Payment. Unless specifically provided in this
Article, the taxes imposed herein shall accrue on the first day of January of
each year.
Section 2O.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
Panlungsod may, for a 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.
Section 2O.04. Administrative Provisions. -
(a) Requirement. Any person who shall establish, operate or conduct
any business, trade or activity mentioned in this Chapter in this city
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 City 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 city.
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 City
Mayor, City 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
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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.
(d) Sworn Statement of Gross Receipts or Sales. Operators of business
subject to the taxes on business shall submit a sworn statement of
the capital investment before the start of their business operations
and upon application for a Mayor's permit to operate the business.
Upon payment of the tax levied in this Chapter, any person engaged
in business subject to the business tax paid based on gross sales
and/or receipts shall submit a sworn statement of his gross
sales/receipts for the preceding calendar year or quarter in such
manner and form as may be prescribed by the City Treasurer.
Should the taxpayer fail to submit a sworn statement of gross sales
or receipts, due among others to his failure to have a book of
accounts, records or subsidiaries for his business, the City Treasurer
or his authorized representatives may verify or assess the gross sales
or receipts of the taxpayer under the best available evidence upon
which the tax may be based.
(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 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.
(f) Issuance of Certification. The City Treasurer may, upon presentation
or satisfactory proof that the original receipt has been lost, stolen or
destroyed, issue a certification to the effect that the business tax has
been paid, indicating therein, the number of the official receipt
issued, upon payment of a fee of thirty three Pesos (P33.00).
(g) Transfer of Business to Other Location. Any business for which a city
business tax has been paid by the person conducting it may be
transferred and continued in any other place within the territorial
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limits of this city without payment of additional tax during the period
for which the payment of the tax was made.
(h) Retirement of Business.
1. Any person natural or juridical, subject to the tax on business
under Article L, Chapter 2 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.
For the purposes hereof, termination shall mean that
business operations are stopped completely. Any change in
ownership, management and/or name of the business shall not
constitute termination as herein contemplated. Unless stated
otherwise, assumption of the business by any new owner or
manager or re-registration of the same business under a new
name will only be considered by the LGU concerned for record
purposes in the course of the renewal of the permit or license to
operate the business.
The City Treasurer shall see to it that the payment of taxes of a
business is not avoided by simulating the termination or
retirement thereof. For this purpose., the following procedural
guidelines shall be strictly followed:
a. The City 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 City Treasurer shall recommend to
the City Mayor the disapproval of the application of the
termination or retirement of said business;
b. Accordingly, the business continues to become liable for the
payment of all taxes, fees, and charges imposed thereon
under existing local tax ordinance; and
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.
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2. In case it is found that the retirement or termination of the
business is legitimate and the tax paid during the current year be
less than the tax due for the current year based on the gross sales
or receipts, the difference in the amount of the tax shall be paid
before the business is considered officially retired or terminated.
3. The permit issued to a business retiring or terminating its
operation shall be surrendered to the City 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.
Article P. Presumptive Income Level
Section 2P.01. Presumptive Income Level. - For every tax period, the
Treasurers Office shall prepare a stratified schedule of "presumptive income
level" to approximate the gross receipt of each business classification.
Section 2P.02. The Presumptive Income Level (PIL) of gross receipts shall be
used to validate the gross receipts declared by taxpayers and/or for
establishing the taxable gross receipts where no valid data is otherwise
available.
CHAPTER III. PERMIT AND REGULATORY FEES
Article A. Mayor's Permit Fee on Business
Section 3A.01. Mayor’s Permit. - All persons are required to obtain a
Mayor’s Permit for the privilege of conducting business within the
municipality.
Section 3A.02. 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 city.
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.
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For purpose of the Mayor’s Permit Fee, the following Philippine categories of
business size are hereby adopted:
Enterprise Scale Asset Limit Workforce
Micro-Industry 3M and below 9 or less
Small-scale Industries 3M to 15M 10-99
Medium-scale Industries 15M to P 100M 100-199
Large-scale Industries
100M and 200 or more
Above
The permit fee shall either be based on asset size or number of workers,
whichever will yield the higher fee.
(a) On business subject to graduated Fixed taxes
(SAMPLE RATES ONLY)
Rate of Fee per
Classification/Category
Annum
1. On Manufacturers/Importers/Producers
Micro-Industry P 350.00
Small-scale Industries 660.00
Medium-Scale Industries 1,320.00
Large-Scale Industries 2,640.00
2. On Banks
Rural, Thrift and Savings Banks P 2,200.00
Commercial, Industrial & Dev’t. Banks 4,400.00
Universal Banks 6,600.00
3. On Other Financial Institutions
Small P 1,200.00
Medium 4,400.00
Large 6,600.00
4. On Contractors/Service Establishments
Small-scale Industries P 440.00
Medium-Scale Industries 880.00
Large-Scale Industries 1,100.00
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5. On Wholesalers/Retailers/Dealers or
Distributors
Micro-Industry P 220.00
Small-scale Industries 550.00
Medium-Scale Industries 1,100.00
Large-Scale Industries 1,320.00
6. On Trans-loading Operations
Medium P 4,400.00
Large 6,600.00
7. Other Businesses
Micro-Industry P 220.00
Small-scale Industries 550.00
Medium-Scale Industries 1,100.00
Large-Scale Industries 1,320.00
8. Business of Retailing Liquid Petroleum Products
Sec. 9 of DOE DC No. 2003-011-10: CERTIFICATE OF
COMPLIANCE - The DOE, through the OIMB, shall issue a
Certificate of Compliance upon the complete submission of and full
compliance by the Retail Outlet owner and/or operator with the
requirements provided in the foregoing Sections of this Rule. No
Retail Outlet shall operate until a Certificate of Compliance is so
secured from the DOE.
The owner and/or operator shall be deemed to be engaged in the
ILLEGAL TRADING of Liquid
Petroleum Products if he/she operates without the Certificate of
Compliance and/or violates any of the foregoing Sections.
Section 3A.03. Time and Manner of Payment. - The fee for the issuance of a
Mayor's Permit shall be paid to the City 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
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abandoned, no refund of the fee corresponding to the unexpired quarter or
quarters shall be made.
Section 3A.04. Administrative Provisions. -
(a) Supervision and control over establishments and places. The
City Mayor shall supervise and regulate all establishments and
places where business is conducted. He shall prescribe rules and
regulations 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.
1. For a newly-started business
a. Location sketch of the new business
c. Department of Trade and Industry (DTI) Registration
Certificate with Approved Application Forms, in case of
single proprietorship
d. Securities and Exchange Commission (SEC) Registration
and Articles of Incorporation and By-Laws, in case of
partnership or corporation
e. A certificate attesting to the tax exemption if the business is
exempt
f. Certification from the officer in charge of the zoning that the
location of the new business is in accordance with zoning
regulations
g. Tax clearance showing that the applicant has paid his tax
obligations to the municipality
h. Barangay clearance/proof of filing (in case of non-issuance
of barangay clearance within seven (7) working days from
date of filing a Mayor’s Permit may be issued to the
applicant
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i. 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
j. Health certificate for all food handlers, and those required
under Chapter IV, Art. D of this Revenue Code
k. Community Tax Certificate
l. Contract of Lease, if leasing
2. For renewal of existing business permits
a. Previous year's Mayor's permit
b. Copies of the annual or quarterly tax payments
c. Copies of all receipts showing payment of all regulatory
fees as provided for in this Code
d. Certificate of tax exemption from local taxes or fees, if
exempt
e. Audited Financial Statement prescribed by the Bureau of
Internal Revenue for the next preceding year
e. BIR Registration Certificate
f. Barangay Clearance
g. Declaration of previous year’s gross sales/receipts
Upon submission of the application, it shall be the duty of the proper
authorities to verify if other city 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 city tax ordinances.
Any false statement deliberately made by the applicant shall constitute
sufficient ground for denying or revoking the permit issued by the
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Mayor, and the applicant or licensee may be prosecuted in accordance
with the penalties provided in this Article.
A Mayor's Permit shall not be issued to:
(1) Any person who previously violated an ordinance or
regulation governing permits granted;
(2) Any person whose business establishment or undertaking
does not conform with zoning regulations, and safety, health
and other requirements of the municipality;
(3) Any person who has unsettled tax obligation, debt or other
liability to the government;
(4) Any person who is disqualified under any provision of law or
ordinance to establish or operate the business applied for.
Likewise, a Mayor’s permit shall be denied to any person or applicant for
a 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.
(c) Issuance of Permit; Contents of Permit. - Upon approval of the
application of a Mayor's Permit, two (2) copies of the application duly
signed by the Municipal Mayor shall be returned to the applicant.
One (1) copy shall be presented to the City Treasurer as basis for the
collection of the Mayor's Permit fee and the corresponding business
tax.
The Mayor's Permit shall be issued by the City 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 city shall, upon presentation of satisfactory proof that the
original of the permit has been lost, stolen or destroyed, issue a
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duplicate of the permit upon the payment of One hundred fifty Pesos
(P 150.00).
(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 City 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. The Mayor’s Permit may be revoked any of
the following grounds:
1. When a person doing business under the provisions of this
Revenue Code violates any of its provisions
2. When the person refuses to pay an indebtedness or liability to the
municipality
4. When the person abuses his privilege to do business to the injury
of the public moral or peace; or
5. 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.
6. 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 may be imposed by the Court for violation of
any provision of this Ordinance governing the establishment and
maintenance of business, and to prohibit the exercise of the by
the person whose privilege is revoked, until restore by the
Sangguniang Panlungsod.
Section 3A.05. Rules and Regulations on Certain Establishments. -
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(a) On restaurants, cafes, cafeterias, carinderias, eateries, food caterers,
ice cream and other refreshment parlors, soda fountain bars. No
owner of said establishments shall employ any cook or food dispenser
without a Food Handler's Certificate from the City Health Officer,
renewable every six (6) months.
(b) 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 City Health Officer and existing laws
or ordinances.
(c) 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 City Health Officer.
Article B. Fees for Sealing and Licensing of Weights and Measures
Section 3B.01. Implementing Agency. - The City 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 3B.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 City 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 3B.03. Imposition of Fees. - Every person, before using instruments
of weights and measures within this municipality, shall first have them sealed
and licensed annually and pay the corresponding fee to the City Treasurer, as
follows:
KINDS OF SEALING AND WEIGHING AMOUNT OF
INSTRUMENTS FEE
(a) For sealing linear metric measures:
Not over one (1) meter P 50.00
Measure over one (1) meter 75.00
(b) For sealing metric measures of capacity:
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Not over ten (10) liters P 60.00
Over ten (10) liters 110.00
(c) For sealing metric instruments of weights:
With capacity of not more than 30 kgs. P 60.00
With capacity of more than 30 kgs. But
not more than 300 kgs. 110.00
With capacity of more than 300 kgs/ but
not more than 3,000 kgs. 165.00
With capacity of more than 3,000 kgs.
220.00
(d) For sealing apothecary balances of precision P 110.00
(e) For sealing scale or balance with complete
set of weights
For each scale or balance or other P 60.00
balance with complete set of weights
for use therewith
For each extra weight 110.00
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 addition service
charge of P 60.00 for each instrument shall be collected.
Section 3B.04. Payment of Fees and Surcharge. - The fees herein imposed
shall be paid and collected by the City 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 3B.05. Place of Payment. - The fees herein levied shall be paid in
city/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 city/municipality
where he maintains his residence.
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Section 3B06. Exemptions. -
(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.
(b) Dealers of weights and measures instruments intended for sale.
Section 3B.07. Administrative Provisions. -
(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 City Treasurer or his deputies.
(b) The City 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 City 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 and shall be destroyed by the City Treasurer in the
presence of the City Auditor or his representative.
Section 3B.08. Fraudulent Practices Relative to Weights and Measures. -
The following acts related to weights and measures are prohibited:
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
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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
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;
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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
l) for any person to procure the commission of any such offense
abovementioned by another.
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.
Section 3B.09. Penalties. -
(a) Any person who shall violate the provisions of paragraphs (a) to (f)
and paragraph (l) of Section 3B.08 shall, upon conviction, be
subject to a fine of not less than Two hundred pesos (P200.00) 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.
(c) The owner-possessor or user of instrument of weights and
measure enumerated in paragraph (h) to (k) of Section 3K.06
shall, upon conviction, be subject to a fine of not less than Three
hundred pesos (P300.00) or imprisonment not exceeding one (1)
year, or both, upon the discretion of the court.
[This Article has updated to conform to the provisions of the
Consumer Act of 1992, Republic Act No. 7394.]
Article C. Building Permit
Section 3C.01. Imposition of Fee. - There shall be collected from each
applicant for a building permit fees pursuant to Department Order 155, Series
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of 1992 dated September 25, 1992, of the Department of Public Works and
Highways.
Section 3C.02. Time and Payment. - The fees specified under this article
shall be paid to the City Treasurer upon application for a building permit from
the City Mayor.
Section 3C.03. Administrative Provisions. - In order to obtain a building
permit, the applicant shall file an application therefor in writing and on the
prescribed form with the Office of the Mayor/Building Official. Every
application shall provide the following information:
(1) A description of the work to be covered by the permit applied for;
(2) Description and ownership of the lot on which the proposed work
is to be done as evidenced by TCT and/or copy of the contract of
lease over the lot if the applicant is not the registered owner;
(3) The use or occupancy for which the proposed work is intended;
(4) Estimated cost of the proposed work.
To be submitted together with such application are at least five sets of
corresponding plans and specifications prepared, signed and sealed by a duly
licensed architect or civil engineer in case of architectural and structural
plans, by a registered mechanical engineer in case of mechanical plans, by a
registered electrical engineer in cvse of electrical plans, and by licensed
sanitary engineer or master plumber in case of plumbing or sanitary
installation plans except in those cases exempted or not required by the
Building Official.
Section 3C.04. Penal Provisions. - It shall be unlawful for any person, firm
or corporation, to erect, construct, enlarge, alter, repair, move, improve,
remove, convert, demolish, equip, use, occupy, or maintain any building or
structure or cause the same to be done contrary to or in violation of any
provision of the Building Code
Any person, firm or corporation, who shall violate any of the provisions of the
Code and/or commit any act hereby declared to be unlawful shall upon
conviction, be punished by a fine not more than twenty thousand pesos or by
imprisonment of not more than two years or by both: Provided, that in case of
a corporation, firm, partnership or association, the penalty shall bed imposed
upon its official responsible for such violation and in case the guilty party is an
alien, he shall immediately be deported after payment of the fine and/or
service of sentence
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Article D. Permit Fee for Zoning/Locational Clearance
Section 3D.01. Imposition of Fee. - There shall be collected the following
fees for the issuance of zoning/locational clearance.
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AMOUNT OF FEE
(Per HLURB
PARTICULAR
Schedule of Fees of
(2010)
I. ZONING/LOCATIONAL CLEARANCE
A. Residential Structures: Single or
detached, the project cost of which is:
1. P100,000 and below P 240
2. Over 100,000 to P200,000 P 480
3. Over P200,000.00 P 600+(1/10 of 1% in
excess of
P200,000.00)
B. Apartments/Townhouses
1. P500,000 and below P 1,200
2. P500,000 to 2Million P 1,800
3. Over 2Million P3,500 + (1/10 of 1%
of cost in excess of
2M regardless of the
number of doors)
C. Dormitories
1. 2Million and below P 3,000
[Link] 2Million P 3,000+ (1/10 of 1%
of cost in excess of
P2M regardless of the
number of doors)
D. Institutional, Project cost of which is
Project cost of which is:
1. Below 2Million P 2,400
2. Over 2Million P2,400 + (1/10 of 1%
of cost in excess of
P2M)
E. Commercial, Industrial, Agro-
Industrial Project Cost of which is:
1. Below P100,000 P 1,200
2. Over 100,000 – P500,000 1,800
3. Over 500,000 – P1M 2,400
4. Over P1M – P2M 3,600
5. Over 2Million P6,000 + (1/10 of 1%
of cost in excess of
P2M)
Page 64 of 147
AMOUNT OF FEE
PARTICULAR (Per HLURB Schedule
of Fees of 2010)
I. ZONING/LOCATIONAL CLEARANCE
F. Special Uses/Special Project
(Gasoline station, cellsites, slaughter house,
treatment plant, etc.)
1. Below 2Million P 6,000
2. Over 2Million P6,000 + (1/10 of 1%
of cost in excess of
P2M)
G. Alteration/Expansion (affected areas/cost of same as the original
Expansion only) application
II. SUBDIVISION AND CONDOMINIUM PROJECTS (under P.D. 957)
A. Approval of Subdivision Plan (including Town Houses)
1. Preliminary Approval and Locational
Clearance (PALC)/ Preliminary P 300/ha. or a fraction
Subdivision Development Plan (PSDP) thereof
Inspection fee P 1,200/ha. regardless
of density
AMOUNT OF FEE
PARTICULAR (Per HLURB Schedule
of Fees of 2010)
2. Final Approval and Development Permit P 2,400/ha. regardless of
density
Additional Fee on Floor Area of houses
& building sold with lot P 2.40/sq. m.
Inspection Fee (Projects already
inspected to PALC application may notP 1,200/ha. regardless of
be charged inspection fee) density
3. Alteration of Plan (affected areas only) Same as Final Approval &
Development Permit
4. Certificate of Registration Processing Fee
P 2,400
II. SUBDIVISION AND CONDOMINIUM PROJECTS (under P.D. 957)
A. Approval of Subdivision Plan (including Town Houses)
Page 65 of 147
5. License to Sell (per saleable lot) P 180
Additional Fee on Floor Area of houses P 12/sq.m.
& building sold with lot
Inspection Fee (Projects already P 1,200/ha. regardless
inspected to PALC application may not of density
be charged inspection fee)
6. Certification of Completion
Certificate Fee P 180
Processing Fee P 2,400/ha. regardless of
density
7. Extension of Time to develop P 420
Inspection Fee (Affected/unfinishedP 1,200/ha. regardless of
areas only) density
B. Approval of Condominium Project Final Approval and Development
Permit
1. Processing Fee
a. Land Area P 6/sq.m.
b. No. of Floors 240/floor
c. Building Areas 4.80/sq.m.
Inspection fee P14.40/sq.m. of GFA
2. Alteration of Plan (affected areas only) Same as Final
Approval & Dev’t
3. Conversion (affected areas only) Permit
Same as Final
4. Certificate of Registration Approval & Dev’t
Processing Fee Permit
5. License to Sell P 2,400.00
a. Residential (saleable areas)
b. Commercial/Office (saleable areas)
P 14.40/sq.m.
6. Extension of Time to Develop P 30/sq.m.
Processing Fee
Inspection Fee (affected/unfinished areas
only) P 420
P 14.40/sq.m. of GFA
7. Certificate of Completion
Certificate Fee
Processing Fee P 180
P 14.40/sq.m. of GFA
C. Project under BP 220
a. Subdivision
Page 66 of 147
1. Preliminary Approval and Locational
Clearance (PALC)
a. Socialized housing P 75/ha.
b. Economic housing P 180/ha.
Inspection Fee
a. Socialized housing P 200/ha.
b. Economic housing P 600/ha.
2. Final Approval and Development Permit
Processing Fee:
a. Socialized housing P 500/ha
b. Economic housing P 1,200/ha
Inspection Fee:
a. Socialized housing P 200/ha
b. Economic housing P 600/ha
(Projects already inspected for PALC
application may not be charged inspection fee)
3. Alteration on plans (affected areas only) (Same as final
approval & Dev’t.
Permit)
4. Building permit (floor area of housing unit) P 6/sq.m.
5. Certificate of Registration
Application Fee
a. Socialized housing P 350/ha.
b. Economic housing P 600/ha.
6. License to Sell (per saleable lot)
a. Socialized housing P 20/lot
b. Economic housing P 60/lot
(Additional fee on floor area of houses/
building sold with lot) P 2/sq.m.
Inspection Fee
a. Socialized housing P 200.00/ha
b. Economic housing P 600.00/ha
7. Extension of Time to Develop
Filing Fee
a. Socialized housing P 350
b. Economic housing P 420
Inspection fee (affected/unfinished
areas only)
a. Socialized housing P 200/ha
b. Economic housing P 600/ha
Page 67 of 147
8. Certificate of Completion
Certification Fee
a. Socialized housing P 150
b. Economic housing P 180
Processing Fee
a. Socialized housing P 200/ha
b. Economic housing P 600/ha
9. Occupancy Permit
Inspection Fee (saleable floor area of the P 2.40/sq.m.
housing unit)
a. Socialized housing
b. Economic housing P 5/sq.m.
P 6/sq.m.
b. Condominium
1. Preliminary Approval and Locational Clearance P 600
2. Final Approval & Development Permit
a. Total Land Area P 6/sq.m.
b. Number of Floor P 120/floor
c. Building Area P 2.40/sq.m. of GFA
Inspection Fee P 2.40/sq.m. of GFA
3. Alteration of Plant (affected area only) Same as Final
Approval & Dev’t
4. Certificate of Registration Permit
5. License to Sell P 600
6. Extension of Time to Develop P 6/sq.m.
Inspection Fee(FAx P2x% of remaining dev’t P 420
cost) P 2.40/sq.m. of
7. Certificate of Completion saleable area
Certification Fee
Processing Fee P 180.
P 3.60/sq.m. of GFA
D. Approval of Industrial/Commercial Subdivision
1. Preliminary Approval and Locational Clearance P 3.60/ha.
Inspection Fee P1,200/ha. regardless
of location
2. Final Approval and Development Permit P6,000/ha. regardless
of location
Inspection Fee P1,200/ha. regardless
(Projects already inspected for PALC application of location
may not be charged inspection fee)
Page 68 of 147
3. Alteration of Plant (affected area only) Same as Final
Approval & Dev’t
4. Certificate of Registration Permit
5. License to Sell P 2,400
P2.40/aq. m. of land
Inspection fee area
P1,200/ha. regardless
6. Extension of Time to Develop of location
Inspection Fee(affected/unfinished areas P 420
only) P1,200/ha.
7. Certificate of Completion
Industrial P 420/ha regardless of
location
Commercial P 600/ha regardless of
location
E. Approval of Farmlot Subdivision
[Link] Approval and Locational Clearance P240/ha.
Inspection Fee P 600/ha
[Link] Approval and Development Permit P1,200/ha
Inspection Fee P 600/ha
(Projects already inspected for PALC application
may not be charged with inspection fee)
[Link] of Plan (affected area only)
[Link] of Registration P 2,400
[Link] to Sell P600/lot
Inspection Fee P1,200/lot
[Link] of Time to Develop P420
Inspection Fee (affected/unfinished
areas only) P 1,200/ha
[Link] of Completion
Certification Fee P 180
Processing Fee P 1,200/ha
F. Approval of Memorial Park/Cemetery Project/Columbarium
1. Preliminary Approval and Locational Clearance
(PALC)
a. Memorial Projects P600/ha.
b. Cemeteries P240/ha.
c. Columbarium P3,000/ha.
Page 69 of 147
Inspection Fee
a. Memorial Projects P1,200/ha.
b. Cemeteries P600/ha.
c. Columbarium P14.40/sq.m. of GFA
2. Final Approval and Development Permit
a. Memorial Projects P2.40/sq. m..
b. Cemeteries P1.20/sq. m.
c. Columbarium P240/floor
P4.80/sq.m. of GFA
P6/sq. m. of Land Area
Inspection fee
(Project already inspected for PALC application may
not charged inspection fee)
d. Memorial Projects P1,200/ha.
e. Cemeteries P600/ha.
f. Columbarium P14.40/sq. m. of GFA
3. Alteration Fee Same as Final
Approval & Dev’t
Permit
4. Certificate of Registration P2,400
5. License to Sell
a. Memorial Projects P60/2.5. sq. m.
- Apartment type P24/ unit
b. Cemeteries P24/tomb
c. Columbarium P60/vault
Inspection Fee
a. Memorial Projects P1,200/ha.
b. Cemeteries P600/ha.
c. Columbarium -
6. Extension of Time to Develope P420
Inspection Fee (affected/unfinished areas
only) P1,200/ha.
a. Memorial Projects P600/ha.
b. Cemeteries P14.40/sq.m. of the
c. Columbarium remaining GFA
7. Certificate of Completion
Certificate Fee P180
Processing Fee P1,200/ha.
a. Memorial Projects P600/ha.
b. Cemeteries P4.80/sq. m. of GFA
c. Columbarium
G. Other Transactions/Certifications
Page 70 of 147
A. Application/Request for:
1. Advertisement Approval P600
2. Cancellation/Reduction of Performance P2,400
Bond P2,400
3. Lifting of Suspended Licenses to Sell P180
4. Exemption from Cease and Desist Order P1,200
5. Clearance to Mortgage P2,400
6. Lifting of Cease and Desist Order P1,200
7. Change of Name/Ownership P1,200
8. Voluntary cancellation of CR/LS 50% of assessed
9. Revalidation of/Renewal of Permit current processing fees
(Condominium) including inspection
fee.
B. Other Certification
1) Zoning Certification P5-600/ha.
2) Certification of Town Plan/Zoning Ordinance P180
Approval P180
3) Certification of New Rights/Sales P180
4) Certificate of Registration (form) P180
5) License to Sell (form) P180
6) Certificate of Creditable Withholding Tax P180
(maximum of 5 lots per certificate)
7) Others, to include:
P240
a. Availability to records/public request P240
b. Certificate of “No Records on File” P240
c. Certificate of with or without CR/LS
d. Certified xerox copy of documents P36
(report size) P3.60
- Document of five (50 pages or less P2.40
- Every additional page P180
e. Photo copy of documents
f. Other not listed above
H. Registration of Dealers/Brokers/Salesmen
A. Dealers/Brokers P600
B. Salesmen/Agents P240
Page 71 of 147
I. Homeowners Associations
1. Registration of HAO
Examination/Registration
Articles of Incorporation P780
By-Laws P780
Books P240
2. Amendments
Articles of Incorporation P600
By-laws P600
3. Dissolution of Homeowners Association P600
4. Certification of the new set of officers P420
5. Other Certifications P180
Inspection Fee (CMP Project) P600/ha.
J. Legal Fees
A. Filing Fee P1,200
B. Additional Fee for Claims (for refund,
damages,
Attorney’s fees, etc.) P 144
1. Not more than P20,000.00 P 480
2. More than P20,000.00 but less than P 720
P80,000.00 P 1,200
3. P80,000.00 or more but less P6
thanP100,000.00
4. P100,000 or more but less than P150,000
5. For each P1,000 in excess of P150,000
C. Motion for reconsideration P500
D. Petition for Review P2,400
E. Prayer for Cease and Desist Order P1.000
Page 72 of 147
F. Pauper-litigants are exempt from payment of legal fee
1. Those whose gross income is not more than P6,000 per month
and residing within M.M.
2. Those whose gross income is not more than P4,000 per month
and residing outside M. M.
3. Those who do not own real property
G. Government agencies and its instrumentalities are exempted from
paying legal fees
H. Local government & government-owned and controlled corporations
with or without independent charters are not exempted paying legal
fees.
K. UPLC Legal Research Fee
Computation of Legal Research Fee for the University of the Philippines Law
Center (UPLR) remains at One Percent (1%) of every fee charged but shall in
No Case be Lower than P10.00
L. Research/Service Fee (50% discount for students)
A. 1. Photocopy (Maps: subd./Condo. Plans;
presentation size) For xerox
2. Hard copy from Diskettes (License to Sell date)
3. Electronic File (License to Sell available date) P600/diskette;
additional P50 for
rush job
4. Electronic File (Land Use Maps available)
5. Certified True Copy – Map (Land Use Plan) P120
B. Sale of Forms, Publication, etc
1. Proforma – Articles of Incorporation and By- For xerox
laws
2. Books and other HLURB publications*
a. CLUP Guidebooks:
Volume I A Guide to CLUP P480
Preparation
Volume II A Guide to Sectoral Studies
in the CLUP Preparation P600
Volume III GIS Cookbook P540
Volume IV Planning Strategically P240
Volume V Model Zoning Ordinance For xerox
Page 73 of 147
b. PD 957 P240
c. BP 220 P240
d. Amendments Rules for HOA Registration
and Supervision P180
e. Framework for Governance for HOA P120
f. 2009 Rules for Procedures P120
Section 3E.02. Time of Payment. –The fees in this Article shall be paid
to the Municipal Treasurer.
Section 3E.03. Administrative Provision. – The Municipal Mayor shall
administer the provisions of this Article and other existing ordinances,
executive orders and laws relating to and governing approval of
subdivision plans.
Article F. Permit Fees for Tricycle Operation
Section 3F.01. Definitions. - When used in this Article,
(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.
(c) Tricycle-for-Hire is a vehicle composed of a motorcycle fitted with a
single-wheel side car or a motorcycle with a two-wheel cab operated
to render transport services to the general public for a fee.
(d) Motorized Tricycle Operator's Permit (MTOP) is a document granting
franchise or license to a person, natural or juridical, allowing him to
operate tricycles-for-hire over specified zones.
(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 3F.02. Imposition of Fees. - There shall be collected an annual
fee in the amount of ______________ Pesos (P_______) for the operation of
tricycle-for-hire.
Page 74 of 147
Other fees on tricycle operations:
PARTICULAR Amount of Fee
1. Filing fee
For the first five (5) units P ___________
For each additional unit ___________
2. Fare adjustment fee for fare ___________
increase ___________
3. Filing fee for amendment of
MTOP
Section 3F.03. Time of Payment. –
(a) The fee shall be paid to the City 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.
Section 3F.04. Administrative Provisions. –
(a) Prospective operators of tricycles should first secure a Motorized
Tricycle Operator's permit (MTOP) from the Sangguniang Panlungsod.
(b) The Sangguniang Panlungsod of this city shall:
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.
Page 75 of 147
2. Only Filipino citizens and partnership or corporation with sixty
percent (60%) Filipino equity shall be granted the MTOP. No
MTOP shall be granted by the city unless the applicant is in
possession of units with valid registration papers form the Land
Transportation Office (LTO).
3. The grantee of the MTOP shall carry a common carriers insurance
sufficient to answer for any liability it may incur to passengers
and third parties in case of accidents;
4. Operators of tricycles-for-hire shall employ drivers duly licensed
by LTO for tricycles-for-hire.
5. Operators who intend to stop service completely, or suspend
service for more than one (1) month shall report in writing such
termination or suspension to the Sangguniang Panlungsod;
6. Tricycle operators are prohibited to operate on national highways
utilized by 4-wheel vehicles greater than four (4) tons and where
normal speed exceeds forty (40) KPH. The Sangguniang
Panlungsod may provide exceptions if there is no alternative
route.
7. Tricycles-for-hire shall be allowed to operate like a taxi service,
i.e., service is rendered upon demand and without a fixed route
within a zone.
(c) The Sangguniang Panlungsod 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 a minimum fee of 8.00
Pesos (P______) plus ___________ centavos (P0.____) per km. in excess
of four (4.0) km. distance pending the enactment of the prescribed
fare structure for the zone by the Sangguniang Panlungsod.
Operators of tricycles-for-hire are required to post in the conspicuous
part of the tricycle the schedule of fares.
(d) The zones must be within the boundaries of this city. The existing
zones which covers the territorial unit not only of the city but other
Page 76 of 147
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 City Tricycle Operator’s Permit
Regulatory Board is hereby as follows:
______________________ Chairman
______________________ ________________________
______________________ ________________________
(f) The City 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.
Article G. Permit Fee for Pedaled Tricycle
[The yield from this imposition is low. Its transfer to the barangay
should be considered.]
Section 3G.01. Imposition of Fee. - There shall be collected from the
owner of pedaled tricycle operated within the city, a permit fee of pesos
(P_______) per annum.
Section 3G.02. Time of Payment. - The imposed herein shall be due on
the first day of January and payable to the City Treasurer within the first
twenty (20) days of January of every year. For pedaled tricycle acquired
after the first twenty (20) days of January, the permit fee shall be paid
without the penalty within the first twenty (20) days of the quarter following
the date of purchase.
Section 3G.04. Administrative Provisions. -
(a) A _____________(metal plate or sticker) shall be provided by the owner
of the pedaled tricycle granted a permit.
(b) The City Treasurer shall keep a register of all pedaled tricycles
containing information such as the make and brand of the tricycle,
the name and address of the owner and the number of the permit
plate.
Article H. Permit Fee for Cockpits Owners/Operators/Licensees/
Page 77 of 147
Promoters and Cockpit Personnel
Section 3H.01. Definitions. - When used in this Article:
(a) 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.
(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 3H.02. Imposition of Fees. - There shall be collected the following
Mayor's Permit Fees from cockpit operators/owners/licensees and cockpit
personnel:
(a) From the owner/operator/licensees of the cockpit:
PARTICULAR Amount of Fee
(a) For the owner/operator/licensee of the
cockpit:
1. /Application filing fee P ___________
2. Annual cockpit permit fee P ___________
(b) From cockpit personnel:
1. Promoters/hosts P ___________
2. Put Manager P ___________
3. Referee P ___________
4. Bet taker/”Kristo”/”Llamador” P ___________
5. Bet Manager/”Maciador”/”Kasador” P ___________
6. Cashier P ___________
Page 78 of 147
7. Derby Matchmaker P ___________
Section 3H.03. Time and Manner of Payment. –
(a) The application filing fee is payable to the City Treasurer upon
application for a permit or license to operate and maintain cockpits.
(b) The cockpit registration fee is also payable upon application for a
permit before a cockpit can operate and within the first twenty days
of January of each year in case of renewal thereof. January 20;
(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.
Section 3H.04. Administrative Provisions. –
(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 Panlungsod shall
determine the number of cockpits to be allowed in this city.
(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 City
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 City Mayor. Approval or issuance of
building permits for the construction of cockpits shall be made by the
City 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 City. 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.
Page 79 of 147
(e) Upon payment of the fees herein imposed, the corresponding Mayor's
Permit shall be issued.
Section 3H.05. Applicability Clause. - The provision of PD 449, otherwise
known as the Cockfighting Law of 1974, PD 1802 (Creating the Philippine
Gamefowl Commission), and such other pertinent laws shall apply to all
matters regarding the operation of cockpits and the holding of cockfights in
this City.
Article I. Special Permit Fee for Cockfighting
Section 3I.01. Definitions. - When used in this Article:
(a) Cockfighting – is the sport of pitting or evenly matching gamecocks to
engage in an actual fight where bets on either side are laid.
Cockfighting may also be formed as "cockfighting derby; pintakasi or
tupada," or its equivalent in different Philippine localities.
(b) Local Derby – is an invitational cockfight participated in by
gamecockers or cockfighting "afficionados" of the Philippines with "pot
money" awarded to the proclaimed winning entry.
(c) International Derby – refers to an invitational cockfight participated in
by local and foreign gamecockers or cockfighting "afficionados" with "pot
money" awarded to the proclaimed winning entry.
Section 3I.02. Imposition of Fees. - There shall be collected the following
fees per day for cockfighting:
KINDS OF COCKFIGHTING EVENTS Amount of Fee
(a) Special cockfights (Pintakasi) P ___________
(b) Special Derby –
Assessment for Promoters:
Two-cock Derby P ___________
Three-cock Derby P ___________
Four-cock Derby P ___________
Five-cock Derby P ___________
Section 3I.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.
Page 80 of 147
Section 3I.04. Time and Manner of Payment. - The fees herein imposed
shall be payable to the City Treasurer before the special cockfights and
derbies can be lawfully held.
Section 3I.05. Administrative Provisions. –
(a) Holding of cockfights. Except as provided in this Article, cockfighting
shall be allowed in this city only in licensed cockpits during Sundays
and legal holidays and during local fiestas for not more than three (3)
days. It may also be held during city agricultural, commercial, or
industrial fairs, carnival, or exposition for a similar period of three (3)
days upon resolution of the Sangguniang Panlungsod. No
cockfighting on the occasion of such affair, carnival or exposition
shall be allowed within the month if a local fiesta or for more than
two (2) occasions a year. No cockfighting shall be held on December
30 (Rizal Day), June 12 (Philippine Independence Day), November 30
(National Heroes Day), Holy Thursday, Good Friday, Election or
Referendum Day and 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 Panlungsod, 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 city without first
securing a license renewable every year on their birth month from the
city where such cockfighting is held. Only gaffers, referees, bet takes,
or promoters licensed by the city shall officiate in all kinds of
cockfighting authorized herein.
Article J. Permit Fee on Occupation or Calling Not
Requiring Government Examination
Section 3J.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 city as follows:
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Rate of Fee
OCCUPATION OR CALLING
Per Annum
(a) On employees and workers in generally
considered “Offensive and Dangerous P ___________
Business Establishments”
(b) On employees and workers in commercial P ___________
establishments who cater or attend to the daily
needs of the inquiring or paying public
P ___________
(c) On employees and Workers in food or eatery
establishment
P ___________
(d) On employees and workers in night or night
and day establishment
(e) All occupation or calling subject to periodic
inspection, surveillance and /or regulations by
the City Mayor, like animal trainer, auctioneer,
barber, bartender, beautician, bondsman,
bookkeeper, butcher, blacksmith, carpenter,
carver, chamber-maid, cook, criminologist,
electrician, electronic technician, club/floor
manager. Forensic electronic expert, fortune
teller, hair stylist, handwriting expert, hospital
attendant, lifeguard, magician, make-up artist,
manicurist, masonry worker, masseur
attendant mechanic, certified “hilot”, painter,
musician, pianist, photographer (itinerant), P ___________
professional boxer, private ballistic expert, rig
driver (cochero), taxi, dancer, stage-performer
salesgirl, sculptor, waiter or waitress and
welder
Section 3J.02. Exemption. - All professionals who are subject to the
Professional Tax imposition pursuant to Section 139 of the Local
Government Code; and government employees are exempted from
payment of this fee.
Section 3J.03. Person Governed - The following workers or employees
whether working on temporary or permanent basis, shall secure the
individual Mayor’s Permit prescribed herewith;
(a) Employees or workers in generally considered offensive and
dangerous business establishment such as but not limited to the
following:
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(1) Employees or workers in industrial or manufacturing
establishment such as: Aerated water and soft drink factories; air
rifle and pellets manufacturing; battery charging shops,
blacksmith; breweries; candy and confectionery factories; canning
factories; coffee cocoa and tea factories; cosmetics and toiletries
factories; cigar and cigarette factories; construction and/or repair
shops of motor vehicles; carpentry shop; drug manufacturing;
distillers, edible oil or lard factories; electric bulbs or neon lights
factories; electric plant, electronics manufacturing; oxidizing
plants; food and flour mills; fish curing and drying shops; footwear
factories, foundry shops; furniture manufacturing; garments
manufacturing, general building and other construction jobs
during the period of construction; glass and glassware factories;
handicraft manufacturing; hollow block and tile factories; Ice
plants; milk, ice cream and other allied products factories; metal
closure manufacturing; iron steel plants; 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.
(2) Employees and workers in commercial establishments
cinematography film storage; cold storage’s or refrigerating plants;
delivery and messengerial services; elevator and escalator services;
funeral parlors; janitorial services; junks shop; hardwares; pest
control services; printing and publishing houses; service station;
slaughter- houses; textile stores; warehouses; and parking lots.
(3) Employees and workers on other industrial and manufacturing
firms or commercial establishments who are normally exposed to
excessive heat, light, noise, cold and other environmental factors
which endanger their physical and health well-being.
(b) Employees and workers in commercial establishment who generally
enter or attend to the daily needs of the general public such as but
not limited to the following: Employees and workers in drugstores;
department stores; groceries supermarkets; beauty salons; tailor
shops; dress shop; bank teller; receptionist, receiving clerk in paying
outlets of public utilities corporation, except transportation
companies; and other commercial establishment whose employees
and workers attend to the daily needs of the inquiring o paying
public.
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(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 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 city aside from
those already specifically mentioned in Section P.02.
Section 3J.04. Time and Manner of Payment - The fees prescribed in
this Article shall be paid to the City Treasurer 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 city for its employees.
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Section 3J.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.
In case of change of ownership of the business as well as the location
thereof from city to another, it shall be the duty of the new owner, agent
or manager of such business to secure a new permit as required in this
Article and pay the corresponding permit fee as though it were new
business.
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.
Section 3J.06. Administrative Provisions. –
(a) The City 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
City Treasurer and to the City Mayor respectively for cancellation
upon retirement or cessation of the practice of the said occupation
or calling.
Article K. Registration and Transfer Fees on Large Cattle.
Section 3K.01. Definition. - For purposes of this Article, "large cattle"
includes a two-year old horse, mule ass, carabao, cow or other
domesticated member of the bovine family.
Section 3K.02. Imposition of Fee. - The owner of a large cattle is hereby
required to register said cattle with the City Treasurer for which a certificate
of ownership shall be issued to the owner upon payment of a registration
fee as follows:
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Amount of
REGISTRATION AND TRANSFER
Fee
(a) For Certificate of Ownership P ___________
(b) For Certificate of Transfer P ___________
(c) For Certificate of Private Brand P ___________
The transfer fee shall be collected only once if a large cattle is transferred
more than once in a day.
Section 3K03. Time and Manner of Payment. - The registration fee shall
be paid to the City Treasurer upon registration or transfer of ownership of
the large cattle.
Section 3K.04. Administrative Provisions. –
(a) Large cattle shall be registered with the City Treasurer upon reaching
the age of two (2) years.
(b) The ownership of large cattle or its sale or transfer of ownership to
another person shall be registered with the City Treasurer. All
branded and counter-branded large cattle presented to the City
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
city issued to it. No entries of transfer shall be made or certificate of
transfer shall be issued by the City 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 3K.05. Applicability Clause. – All other matters relating to the
registration of large cattle shall be governed by the pertinent provisions of
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the Revised Administrative Code and other applicable laws, ordinances and
rules and regulations.
Article L. Fees on Impounding of Stray Animals
[The yield from this imposition is low. Its transfer to the barangay
should be considered.]
Section 3L.01. Definition. – When used in this Article.
(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
whether fettered or not.
(b) Public Place includes national, city, 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 members of the bovine family.
Section 3L.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, or fettered in public or private places:
Amount of
ASTRAY ANIMALS
Fee
(a) Large Cattle P ___________
(b) All other animals P ___________
Section 3L.03. Time of Payment. – The impounding fee shall be paid to
the City Treasurer prior to the release of the impounded animal to its
owner.
Section 3L.04. Administrative Provisions. –
(a) For purposes of this Article, the Barangay Tanods of the City are
hereby authorized to apprehend and impound astray animals in the
city corral or a place duly designated for such purpose. He shall also
cause the posting of notice of the impounded astray animal in the
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City Hall for _______________ (state number) consecutive days,
starting one day after the animal is impounded, within which the
owner is required to claim and establish ownership of the impounded
animal. The City Mayor and City Treasurer shall be informed of the
impounding.
(b) Impounded animals not claimed within ______________ (____) days
after the date of impounding shall be sold at public auction under the
following procedures:
1. The City Treasurer shall post notice for ________ (____) days in
_________ (____) places including the main door of the City Hall
and the public markets. The animal shall be sold to the highest
bidder. Within _____ (____) days after the auction sale, the City
Treasurer shall make a report of the proceedings in writing to the
City 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 City 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 city.
4. In case the impounded animal is not disposed of within the
_______ (___) days from the date of notice of public auction, the
same shall be considered sold to the City Government for the
amount equivalent to the poundage fees due.
Section 3L.05. Penalty. – Owners whose animals are caught astray and
incurring damages to plants and properties shall pay the following fines:
Amount of
OFFENSES
Fee
(a) First offense P _______/day
(b) Second offense P _______/day
(c) For the third offense and each P _______/day
subsequent offense
In addition to the fine, the owners shall pay the amount of damage
incurred, if any, to the property owner.
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Article M. Cart or Sledge Registration Fee
[The yield from this imposition is low. Its transfer to the barangay
should be considered.]
Section 3M.01. Imposition of Fee. - There shall be collected a registration
fee of __________ pesos (P______) per annum for each animal drawn cart or
sledge used in this city which shall be registered with the Office of the City
Treasurer.
Section 3M.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.
Section 3M.03. Administrative Provisions. –
(a) A metal plate with a corresponding registry number shall be provided
by the City Treasurer for every calesa or sledge at cost to the owner.
(b) The City Treasurer shall keep a register of all carts or sledges which
shall set forth, among others, the name and address of the owner.
Article N. Permit Fee on Caretela or Calesa
[The yield from this imposition is low. Its transfer to the barangay
should be considered.]
Section 3N.01. Imposition of Fee. – There shall be collected a permit fee
of ________________ pesos (P_______) per annum for each calesa or caretela
used in this city which shall be registered with the Office of the City
Treasurer.
Section 3N.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 calesa or
caretela, the fee shall be payable within twenty (20) days after acquisition.
Section 3N.03. Administrative Provisions. –
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(a) A metal plate shall be provided by the City Treasurer for every
registered calesa or caretela.
(b) The City Treasurer shall keep a register of all calesa or caretela which
shall contain, among others, the name and the address of the owner.
Article O. Permit Fee for Agricultural Machinery
and Other Heavy Equipment
Section 3O.01. Imposition of Fees. – There shall be collected an annual
permit fee at the following rates for each agricultural machinery or heavy
equipment rented out in this city.
Rate of Fee
KINDS OF MACHINERY & EQUIPMENT
Per Annum
(a) Hand Tractors P _______
(b) Light Tractors P _______
(c) Heavy Tractors P _______
(d) Bulldozer P _______
(e) Forklift P _______
(f) Heavy Graders P _______
(g) Light Graders P _______
(h) Mechanized Threshers P _______
(i) Manual Threshers P _______
(j) Cargo Truck P _______
(k) Dump Truck P _______
(l) Road Rollers P _______
(m) Payloader P _______
(n) Primemovers/Flatbeds P _______
(o) Backhoe P _______
(p) Rock Crusher P _______
(q) Batching Plant P _______
(r) Transit/Mixer Truck P _______
(s) Crane P _______
(t) Other agricultural machinery or heavy
equipment not enumerated above P _______
Section 3O.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.
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Section 3O.03. Administrative Provisions. – The City Treasurer shall
keep a registry of all heavy equipment and agricultural machinery which
shall include the make and brand of the heavy equipment and agricultural
machinery and name and address of the owner.
Article P. Permit and Inspection Fee on
Machineries and Engines
Section 3P.01. Imposition of Fee. – There shall be imposed an annual
inspection fee on internal combustion engines generators and other
machines in accordance with the following schedules:
Rate of
KINDS OF MACHINERIES & ENGINES Fee Per
Annum
(a) Internal combustion engines
1. 2Hp and below P _______
2. 5Hp and below but not lower than P _______
3. 3Hp P _______
4. 10Hp and below but not lower than P _______
5. 5Hp P _______
14Hp and below but not lower than P _______
10Hp
Above 15Hp
(b) Other stationary engines or machines
1. 3Hp and below P _______
2. 5Hp and below but not lower than P _______
3. 3Hp P _______
4. 10Hp and below but not lower than P _______
5. 5Hp P _______
14Hp and below but not lower than P _______
10Hp
Above 14Hp
(c) Electrical generators and other machine propelled by
electric motors will be levied the same rates found in
subsection (1).
Section 3P.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.
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Section 3P.03. Administrative Provision. – No engine or machine
mentioned above shall be installed or operated within the limits of this
municipality, without the permit of the Municipal Mayor and the payment
of the inspection fee prescribed in this Article
Article Q. Permit fee for the Storage of Flammable and
Combustible Materials
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:
KINDS OF FLAMMABLE AND COMBUSTIBLE Rate of
MATERIALS Fee
(a) Storage of gasoline, diesel, fuel, kerosene and
similar products
1. 500 to 2,000 liters P _______
2. 2,001 to 5,000 liters P _______
3. 5,001 to 20,000 liters P _______
4. 20,001 to 50,000 liters P _______
5. Over 100,000 liters P _______
(b) Storage of cinematographic film P _______
(b) Storage of celluloid P _______
(d) Storage of Calcium carbide
1. Less than 50 cases P _______
2. 50 to 90 cases P _______
3. 100 or more cases P _______
(e) Storage of tar, resin and similar materials
1. Less than 1,000 kls P _______
2. 1,000 to 2,500 kls P _______
3. 2,500 to 5,000 kls P _______
4. Over 5,000 kls P _______
(f) Storage for coal deposits
1. Below 100 tons P _______
2. 100 tons or above P _______
(g) Storage for combustible, flammable or
explosive substance not mentioned above P _______
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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.
Section 3Q.03. Administrative Provisions. –
(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 naphtha 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.
Article R. Permit Fee for Temporary Use of Roads, Streets,
Sidewalk, Alleys, Patios, Plazas and Playgrounds
Section 3R.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:
Rate of
PURPOSE
Fee
1. For construction P _______
2. Other P _______
For wake and other charitable, religious and educational purposes, use
and/or occupancy is exempted from the payment of permit fee provided a
corresponding permit is secured prior to such use and/or occupancy.
Section 3R.02. Time of Payment. – The fee shall be paid to the City
Treasurer upon application of the permit with the City Mayor.
Section 3R.03. Administrative Provisions. – The period of occupancy
and/or use 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.
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The Municipal Engineer shall report to the Municipal Treasurer the area
occupied for purposes of collecting the fee.
Article S. Permit Fee for Excavation
Section 3S.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 city.
Amount
KINDS OF EXCAVATION
of Fee
a) For crossing streets with concrete pavement
1. For crossing concrete pavement (minimum
area 2.00 x .600m., 12 sq. m.) P _______
2. For crossing across base of streets with
concrete pavement, per linear meter (boring P _______
method)
(b) For crossing streets with asphalt pavement
1. Minimum fee P _______
2. Additional fee for each linear meter
crossing the streets (minimum width of P _______
excavation, 0.80m)
(c) For crossing the streets with gravel pavement
1. Minimum fee P _______
2. Additional fee for each linear meter
crossing the streets (minimum width of P _______
excavation, 0.3m)
(d) For crossing existing curbs and gutters P _______
resulting in damage
(e) Additional fee for every ________ (day or week) of
delay in excess of excavation period provided in P _______
the Mayor’s permit
Section 3S.02. Time and Manner of Payment. – The fee imposed herein
shall be paid to the City 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.
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A cash deposit in an amount equal to __________________ shall be deposited
with the City Treasurer at the same time the permit is paid. The cash
deposit shall be forfeited in favor of the City Government in case the
restoration to its original form of the street excavated is not made within
_____ ( ) days after the purpose of the excavation is accomplished.
Section 3S.03. Administrative Provisions. –
(a) No person shall undertake or cause to undertake any digging or
excavation, of any part or portion of the city streets of
___________________ unless a permit shall have been first secured
from the Office of the City Mayor specifying the duration of the
excavation.
(b) The City Engineer/City 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
City 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.
Article T. Permit Fee on Circus and Other Parades
Section 3T.01. Imposition of Fee. –There shall be collected a Mayor's
Permit Fee of ____________ per day on every circus and other parades using
banners, floats or musical instruments carried on in this city.
Section 3T.02. Time and Manner of Payment. – The fee imposed herein
shall be due and payable to the City Treasurer upon application for a
permit to the City Mayor at least ______ (___) days before the scheduled date
of the circus or parade and on such activity shall be held.
Section 3T.03. Exemption. – Civic and military parades as well as
religious processions shall not be required to pay the permit fee imposed in
this Article.
Section 3T.04. Administrative Provisions. –
(a) Any persons who shall hold a parade within this city shall first obtain
from the City 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
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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.
Article U. Permit Fee for the Conduct of Group Activities
Section 3U.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 city shall obtain a Mayor’s permit therefor for every
occasion of not more than twenty-four (24) hours and pay the City
Treasurer the corresponding fee in the following schedule:
Amount of
KINDS OF ACTIVITY
Fee
1. Conference, meetings, rallies and
demonstration in outdoor, in parks, P ___________
plazas, roads/streets
2. Dances P ___________
3. Coronation and ball P ___________
4. Promotional sales P ___________
5. Other group activities P ___________
Section 3U.02. Time of Payment. – The fee imposed in this article shall
be paid to the City Treasurer upon filing of application for permit with the
City Mayor.
Section 3U.03. Exemption. – Programs or activities conducted by
educational, charitable, religious and governmental institutions free to
the public shall be exempted from the payment of the fee herein imposed,
provided, that the corresponding Mayor’s Permit shall be secured
accordingly. Programs or activities requiring admission fees for
attendance shall be subject to the fees herein imposed even if they are
conducted by exempt entities.
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Section 3U.04. Administrative Provision. – A copy of every permit
issued by the City Mayor shall be furnished to the Chief of Police or
Station Commander of the Philippine National Police (PNP) of the city who
shall assign police officers to the venue of the program or activity to help
maintain peace and order.
Article V. Permit Fee on Film-Making
Section 3V.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 city.
Rate of Fee
KINDS OF ACTIVITY
per Filming
a. Commercial movies P ___________
b. Commercial advertisements P ___________
c. Documentary film P ___________
d. Videotape coverage P ___________
In cases of extension of filming time, the additional amount required must
be paid prior to extension to filming time.
Section 3V.02. Time of Payment. – The fee imposed herein shall be paid
to the City Treasurer upon application for the Mayor's Permit ____________ (
) days before location-filming is commenced.
CHAPTER IV. SERVICE FEES
Article A. Secretary's Fees
Section 4A.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 city.
Amount
PARTICULARS
of Fee
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a) For every page or fraction thereof typewritten
(not including the certificate and notation) P _______
b. For each certificate of correctness (with seal of
Office) written on the copy or attached thereto P _______
c. For certifying the official act of the City Judge
or other judicial certificate with seal P _______
d. For certified copies of any papers, records,
decrees, judgment or entry of which any
person is entitled to demand and receive a
copy (in connection with judicial proceedings) P _______
for each page
e.
Photocopy or any other copy produced by P _______
copying machine per page
Section 4A.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 4A.03. Time and Manner of Payment. – The fees shall be paid to
the City Treasurer at the time the request, written or otherwise, for the
issuance of a copy of any city record or document is made.
Article B. Local Civil Registry Fees
Section 4B.01. Imposition of Fees. There shall be collected for services
rendered by the City Civil Registrar of this city the following fees:
A. Marriage Related Fees:
1) Application fee P 110.00
2) License fee 50.00
3) Solemnization fee 110.00
4) Family Planning/marriage counseling
fee 50.00
(including certificate)
B. Birth Related Fees:
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1) Registration of birth 70.00
2) Birth Registration of birth
3) Certificate of Birth
4) Certified true copy of birth
-for local use
-for travel abroad
C. Death Related Fees:
1) Registration of Death Free
2) Certification of Death 35.00
3) Burial permit fee 50.00
4) Certified true copy of death 25.00
certificate
5) Fee for exhumation of cadaver 100.00
6) Fee for the removal of cadaver 100.00
7) Fee for the transfer of cadaver to
other place 100.00
(Note: As a nation policy, registration of births, deaths, marriages,
and foundling are free of charge pursuant to the provisions of OP
Proclamation No. 326 dated February 14, 1994 as amended by
Proclamation No. 436 dated August 9, 1994 issued by the Office of
the President and under an Unnumbered Memorandum from the
Office of the Civil Registrar General dated February 16, 1994 and
also under DILG MC-94-154 dated September 8, 1994)
D. For Registration Fee of the following:
1) Legitimation 200.00
2) Adoption 300.00
3) Filing fee of petition for correction of
clerical or typographical error 1,000.00
For change of first name or nickname 3,000.00
For indigent petition (exempt) Free of
(Rule 18, IRR of RA 9048) Charge
Service fee for migrant petition 500.00
Service fee for migrant petition for
change of first name 1,000.00
4) Legal separation or divorce 200.00
5) Naturalization 300.00
6) Annulment of marriage; declaration of
absolute nullity of marriage; court order
setting aside the decree of legal 200.00
separation
7) Voluntary Emancipation of Minor 100.00
Page 99 of 147
8) Court Decision Recognizing or
Acknowledging Natural Children or
Impugning or Denying Such 100.00
Recognition
9) Judicial Determination of Paternity 100.00
Affiliation
10) Court Decision or Order on the Custody
of Minors and Guardianship 100.00
11) Aliases 100.00
12) Repatriation or Voluntary Renunciation
of Citizenship 100.00
13) Civil Interdiction 100.00
14) Declaration or presumptive death of the
absent spouse; judicial declaration of 100.00
absence
15) Compulsory recognition of child;
voluntary recognition of illegitimate 100.00
child
16) Appointment of guardian; termination of
guardianship 100.00
17) Judicial determination of filiations 100.00
18) Judicial determination of the fact of
reappearance of absent spouse; if 100.00
disputed
19) Naturalization certificate; cancellation of
naturalization certificate 100.00
20) Separation or revival of property rights 100.00
21) Emancipation of minor orphan 100.00
22) Affidavit of Reappearance 100.00
23) Acknowledgement 100.00
24) Acquisition and ratification of Artificial
Insemination 100.00
25) Authorization and Ratification to
Contract Marriage 100.00
26) Option to elect Philippine citizenship 100.00
27) Partition and distribution of properties
of spouses; child’s presumptive 100.00
legitimacy
28) Marriage settlement and any
modification thereof 100.00
29) Repatriation document 100.00
30) Voluntary emancipation of minor 100.00
31) Waiver of rights; interest on absolute
community of property 100.00
32) Other similar registerable instruments 100.00
Page 100 of 147
33) Registration of legal instruments 100.00
Section 4B.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.
(c) Burial permit of a pauper, per recommendation of the City Mayor.
Section 4B.03. Time of Payment. – The fees shall be paid to the City
Treasurer before registration or issuance of the permit, license or certified
copy of local registry records or documents.
Section 4B.04. Administrative Provision. – A marriage license shall not
be issued unless a certification is issued by the Family Planning
Coordinating Council that the applicants have undergone lectures on family
planning.
Article C. Police Clearance Fee
Section 4C.01. Imposition Fee. – There shall be paid for each police
clearance certificate obtained from the Station Commander of the Philippine
National Police of this city the following fees:
Amount
PURPOSE OF CLEARANCE
of Fee
1. For employment, scholarship, study
grant and other purposes not P _______
2. hereunder specified
3. For change of name P _______
4. For application for Filipino Citizenship P _______
5. For passport or Vise application P _______
6. For firearms permit application P _______
For PLEB clearance
Page 101 of 147
Section 4C.02. Time of Payment. – The service fee provided under this
Article shall be paid to the City Treasurer upon application for police
clearance certificate.
Article D. Sanitary Inspection Fee
Section 4D.01. Imposition of Fee. – There shall be collected the following
annual fees from each business establishment in this city 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
ESTABLISHMENTS
of Fee
1. For house for rent P _______
2. For each business, industrial, or
agricultural establishment –
- With an area of 25 sq. m. or more P _______
but less than 50 sq. m.
- With an area of 50 sq. m. or more P _______
but less than 100 sq. m.
- With an area of 100 sq. m. or more P _______
but less than 200 sq. m.
- With an area of 200 sq. m. or more P _______
but less than 500 sq. m.
- With an area of 500 sq. m. or more P _______
but less than 1000 sq. m.
- With an area of 1,000 sq. m. or P _______
more
Section 4D.02. Time of Payment. – The fees imposed in this Article shall
be paid to the City Treasurer upon filing of the application for the sanitary
inspection certificate with the City Health Officer and upon renewal of the
same every year thereafter within the first twenty (20) days of January.
Section 4D.03. Administrative Provisions. –
(a) The City 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
Page 102 of 147
adequacy of ventilation, general sanitary conditions and propriety for
habitation.
(b) The City Health Officer shall require evidence of payment of the fee
imposed herein before he issues the sanitary inspection certificate.
Article E. Service Fees for Health Examination
Section 4E.01. Imposition of Fee. – There will be collected a fee of
_________ Pesos (P______) from any person who is given a physical
examination by the City Health Officer or his duly authorized
representative, as required by existing ordinances.
A fee of ________ Pesos (P_____) shall be collected for each additional copy of
subsequent issuance of a copy of the initial medical certificate issued by the
City Health Officer.
Section 4E.02. Time of Payment. – The fee shall be paid to the City
Treasurer before the physical examination is made and the medical
certificate is issued.
Section 4E.03. Administrative Provisions. –
(a) Individuals engaged in an occupation or working in the following
establishments, are hereby required to undergo physical and medical
examination before they can be employed and once every six months
(6) thereafter.
1. Food establishments - establishments where food or drinks
are manufactured, processed, stored, sold or served.
2. Public swimming or bathing places.
3. Dance schools, dance halls and night clubs - include dance
instructors, hostess, cooks, bartenders, waitresses, etc.
4. Tonsorial and beauty establishments - include employees of
barber shops, beauty parlors, hairdressing and manicuring
establishments, exercise gyms and figure slenderizing
saloons, facial centers, aromatherapy establishments, etc.
5. Massage clinics and sauna bath establishments - include
masseurs, massage clinic/sauna bath attendants, etc.
Page 103 of 147
6. Hotel, motels and apartments, lodging, boarding, or
tenement houses, and condominiums.
(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 City 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 4E.04. Penalty. A fine of __________________ Pesos (P_______) shall
be paid by the owner, manager or operators of the establishment for each
employee found to be without the necessary medical certificates.
Article F. Service Fee for Garbage Collection
Section 4F.01. Imposition of Fee. – There shall be collected from every
owner or operator of a business establishment an annual garbage fee in
accordance with the following schedule:
Amount
of Fee
KINDS OF ESTABLISHMENTS
Per
Annum
Manufacturers, Millers, Assemblers, Processors and Similar
Business
a. Not more than 100 sq. m. P _______ __________
b. More than 100 sq. m. P _______
Hotels, Apartments, Motels and Lodging Houses
a. Not more than 100 sq. m. P _______
b. More than 100 sq. m. P _______
Restaurants, Day and Night Clubs, Cafes, and Eateries
a. Not more than 50 sq. m. P _______
b. More than 50 sq. m. P _______
Hospitals, clinics, laboratories and similar business
establishments
Note: Joint DENR-DOH Admin. Order No. 02, S. 2005 dated
August 24, 2005 (Policies and Guidelines on effective and
Page 104 of 147
proper handling, collection, transport, treatment, storage and
disposal of health care wasters.)
a. Not more than 10 sq. m. P _______
b. More than 10 sq. m. P _______
Movie houses and Retailers
a. Not more than 10 sq. m. P _______
b. More than 10 sq. m. P _______
Other business not mentioned above
a. Not more than 10 sq. m. P _______
b. More than 10 sq.m. P _______
Section 4F.02. Time of Payment. – The fees prescribed in this Article
shall be paid to the Municipal Treasurer on or before the tenth (10th) day of
every month or the authorized representative who shall collect the said fee
from the establishment.
Section 4F.03. Administrative Provisions. –
(a) For purposes of the imposition, the area of garbage collection shall
only be the business area of the town proper and Public Market.
(b) The owner or operator of the aforementioned business
establishments shall provide for his premises the required garbage
can or receptacle, which shall be placed in front of his establishment
before the time of garbage collection.
(c) The Sanitary Inspector (for the Municipal Health Officer) shall
inspect once every month of the said business establishment to find
out whether garbage is properly disposed of within the premises.
(d) This Article shall not apply to business operators or establishments
which provides their own system of garbage disposal.
Article G. Dog Vaccination Fee
Section 4G.01. Imposition Fee – There shall be collected/imposed from
every owner of the dog a vaccination fee of _____________ pesos (P ) for
every dog vaccinated within the territorial jurisdiction of this city.
Page 105 of 147
Section 4G.02. Time of Payment – The fee shall be paid to the City
Treasurer prior to the vaccination of the dog in close coordination with the
City Agricultural Office and the Office of the City Veterinarian.
Section 4G.03. Administrative Provisions. –
1. Vaccination Against Rabies - means the inoculation of a dog with
rabies vaccine licensed for the species by the Bureau of Animal
Industry, Department of Agriculture. Such vaccination must be
performed by trained individual from BAU, City Veterinarian Office
and City Agriculture Office.
(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 City Rabies Control Authority.
Becomes optional after a mass dog rabies vaccination
campaign covering at least 80% of the dog population.
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.
(a) Owners name, address and telephone number if any
(b) Description of dog (color, sex, markings, age, name, species
and breed if any)
(c) Dates of vaccination and vaccine expiration if known
(d) Rabies vaccination tag number
(e) Vaccine produced
(f) Vaccinator's signature
(g) Veterinarians license number/ vaccinator's address
Page 106 of 147
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 attached
to the collar of the dog.
NOTE : The above provisions may not apply in a mass vaccination program.
During a free mass dog vaccination, the cost shall be borne by the owner
after the scheduled date.
4. Dog Registration or Licensing - Every dog shall be registered by
their owner upon reaching the age of 3 months and every year
thereafter. Unvaccinated dogs registered after reaching the age of 3
months and dogs 3 months old and above not previously registered
shall be vaccinated upon registration. The dog owner shall pay
such registration fee as may be determined by the City Council. The
registration officer shall provide the owner with a certificate of
certification for the dog and affix to a distinguished collar tag as
proof of registration.
5. Elimination of Unregistered Dog - Unregistered dogs over the age of
4 months shall be seized and humanely exterminated under the
supervision of a licensed veterinarian or the City Rabies Control
Authority or vaccinated under the provisions of Section 3 (4).
The licensed veterinarian/ trained vaccinator or the City Rabies
Control Authority shall give the guidance on the extermination
methods to be used (shooting, poisoning, carbon dioxide or
anesthetic overdose or decapitation) in a different environment
(area of habitation, marketplace, rubbish dumps, open countryside,
etc.).
The license veterinarian, trained vaccinator, the City Rabies Control
Authority or a police officer may enter any land for the purpose of
seizing or exterminating a dog which is liable to be seized under
this section.
NOTE : Elimination is based on the presence or absence of a dog
tag and/ or a registration or vaccination certificate.
The City Veterinarian and the City Agricultural Officer 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 City Rabies
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Control Authority, a health care worker or a police officer receiving
such information who shall immediately transmit it to the City
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.
8. Financial support for the activity shall be borne by the City
Government and the Barangay Government.
Section 4G.04. Penalty – Any dog owner who fails to abide by any of the
provisions of his ordinance shall be subjected to a fine of Two Thousand Five
Hundred (P2,500.00) Pesos without prejudice to the provision of Section 3
(7).
It shall be the responsibility of the City Rabies Control Authority to
administer this ordinance, and to promulgate the necessary rules and
regulations for its implementation. Enforcement shall be the responsibility of
the City Rabies Control Authority as defined under Section 1 of this article.
CHAPTER V. CITY CHARGES
Article A. Fishery Rentals, Fees and Charges
LGU may adopt its existing FISHERY CODE, if there any
Section 5A.01. Definitions. – When used in this Article
(a) Marginal Fisherman refers to an individual engaged in subsistence
fishing which shall be limited to the sale, barter or exchange of marine
products produced by himself and his immediate family, and whose
annual net income from fishing does not exceed Fifty Thousand Pesos
(P50,000.00) or the poverty line established by NEDA for the particular
region or locality whichever is higher.
(b) City Waters include not only streams, lakes and tidal waters within this
city, not being the subject of private ownership, and not comprised
within national parks, public forests, timber lands, forest reserves, or
fishery reserves, but also marine waters included between two (2) lines
drawn perpendicular to the general coastline from points where the
boundary lines of the city to the sea at low tide and a third parallel with
the general coastline and fifteen (15) kilometers from it.
Page 108 of 147
(c) Vessels include every sort of boat, craft, or other artificial contrivance
used as a means of transportation on water.
Section 5A.02. Fishery Rentals, Fees and Charges. – This city shall have the
exclusive authority to grant the following fishery privileges within its city
waters and impose rentals, fees, or charges therefrom:
(a) To erect fish corrals, oyster, mussel, or other aquatic beds or bangus fry
areas.
(b) To gather, take or catch bangus fry, prawn fry or kawag-kawag or fry of
other species and fish from city waters by nets, traps or other fishing
gears. However, marginal fishermen shall be exempt from any rentals,
charge or any other imposition whatsoever.
Section 5A.03. Grant of Fishery Rights by Public Auction. – Exclusive
fishery privileges to erect fish, corrals, oyster mussel of aquatic beds or
"bangus" fry areas and to 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 a
public auction to be conducted by a committee upon authorization of the
Sangguniang Panlungsod.
However, duly registered organizations and cooperatives of marginal fishermen
shall have the preferential right to such fishery privileges without being
required to undergo the bidding. In the absence of such organizations and
cooperatives or upon failure to exercise their preferential right, other parties
may participate in the said public bidding.
For this purpose, there is hereby created a committee to conduct the public
auction to be constituted as follows:
(a) The Mayor or his duly authorized representative as Chairman;
(b) __________ (____) members of the Sangguniang Panlungsod to be
designated by said body,
(c) The City Treasurer.
The Committee shall advertise the call for sealed bids for the leasing or a zone
or zones of city waters in public auction for two (2) consecutive weeks in the
bulletin board of the City hall. If no bids are received within two (2) weeks,
such notice shall be posted for another two (2) weeks. If after said two (2)
notices for the grant of exclusive fishery rights through public auction, there
are no interested bidders, the Sangguniang Panlungsod shall grant the rights
within the definite area or portion of the city waters to any interested
individual upon payment of a license fee fixed herein.
Page 109 of 147
The notice advertising the call for bids shall indicate the date and time when
such bids shall be filed with the City Treasurer.
An application to participate in the public bidding shall be submitted to the
City Mayor in a form prescribed therefor. Upon submitting a sealed bid, a
person shall accompany such bid with a deposit of at least ____________ which
amount shall be deducted from the first rental by the person should the bid be
awarded to him.
At the time and place designated in the notice, the Committee sitting en banc
shall open all the bids and award the lease to the qualified bidder offering the
highest bid. The lease shall be executed within ten (10) days after the award is
made by a committee and if the successful bidder refuses to accept, or fails or
neglects to execute the lease within such time, his deposit shall be forfeited to
the city government, in such a case another bidding shall be held in the
manner provided above.
The deposits of the unsuccessful bidders shall be returned upon the execution
of the lease contract by the successful bidder or before the calling of another
bid.
At the time and place designated in the notice, the Committee sitting en banc
shall open all the bids and award the lease to the qualified bidder offering the
highest bid. The lease shall be executed ten (10) days after the award is made
by the Committee and should the successful bidder refuse to accept, or fails or
neglects to execute the lease within such time, his deposit shall be forfeited to
the City Government. In such case, another bidding shall be held in the
manner herein prescribed.
Section 5A.04. Duration of Lease. – The grant of lease of fishery rights
through public auction shall be for a period of _______ (____) years.
Section 5A.05. Zonification of City Waters. – The city waters of this city are
hereby divided and classified into zones for purposes of granting a lease or
exclusive fishery rights through public auction as prescribed in Section 5A.02.
as follows:
Zone 1 - From __________ to ____________
Zone 2 - From __________ to ____________
Zone 3 - From __________ to ____________
Zone 4 - From __________ to ____________
Section 5A.06. Imposition of Fees. – There shall be collected the following
license fee for the grant of exclusive fishery rights to erect fish corrals, operate
fishponds or oyster, mussel or aquatic beds, or take or catch "bangus" fry or
Page 110 of 147
"kawag-kawag" or fry of other species of fish for propagation, if there are no
interested bidders in the public auction.
Ite AMOUNT
NATURE
m OF FEE
1) Operation of fishponds or oyster culture beds, per P ______
hectare
2) Catching "bangus" fry or "kawag-kawag"
less than 1,000 sq. m.
1,000 sq.m. or more but less than 2,000 sq.m. P ______
2,000 sq.m. or more but less than 4,000 sq.m. P ______
4,000 sq.m. or more but less than 6,000 sq.m. P ______
6,000 sq.m. or more but less than 8,000 sq.m. P ______
8,000 sq.m. or more P ______
3) Fish corrals or fishpens in inland fresh waters:
Less than 500 sq. m. P ______
500 sq. m. or more but less than 1,000 sq. m. P ______
1,000 sq. m. or more but less than 5,000 sq. m. P ______
5,000 sq. m. or more but less than 10,000 sq. m. P ______
10,00 sq. m. or more P ______
4) Fish corrals erected in sea P ______
Less than 3 meters deep P ______
3 meters deep or more but less than 5 meters P ______
5 meters deep or more but less than 5 meters P ______
8 meters deep or more but less than 10 meters P ______
10 meters deep or more but less than 15 meters P ______
15 meters deep or more P ______
Section 5A.07. Privilege of Residents to Take Fish in City Waters. –
Any person who is not a grantee of license or privilege to engage in commercial
fishing is hereby allowed to fish for domestic use, in every city water, for as
long as no communal fishery therein is not yet established; Provided, That,
such fishing shall not take place within two hundred (200) meters from a fish
corral licensed by this city; and that such fish caught under this privilege shall
not be sold.
Furthermore, no rental fee, charge, or any other imposition whatsoever shall
be collected from marginal fishermen.
Section 5A.08. Time and Manner of Payment. –
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(a) The annual rental for the lease shall be paid in advance. For the initial
year of the lease, the rental shall be paid at the time all the necessary
documents granting the lease are executed, and the subsequent
installments within the first twenty (20) days after the anniversary date
of the grant of such lease. The deposit made by the successful bidder
accompanying the sealed bid shall be applied against the rental due
from him.
The Sangguniang Panlungsod shall set aside not more than one-fifth
(1/5) of the area earmarked for the gathering of fry, as may be
designated by the Bureau of Fisheries, as government "bangus" fry
reservation.
(b) The license fee for the grant of exclusive fishery rights in the city waters
for at least the corresponding current quarter shall be paid in advance.
(c) The license fees for the privilege to catch fish from city waters with nets,
traps, and other fishing gears and the operation of fishing vessels shall
be paid upon application for a license and within the first twenty (20)
days of January of every year for subsequent renewal thereof.
Section 5A.09. Administrative Provisions. –
(a) A licensee of other localities shall not fish within the city waters of this
city without first securing the necessary permit from the City Mayor and
paying the corresponding fee to the City Treasurer.
(b) No fish net without eyelet or the opening of which is at least one-fourth
(1/4) inch shall be used in this city waters.
(c) Failure to pay the rental of license fees for fishery rights for two (2)
consecutive years shall cause automatic cancellation of said fishing
rights.
Section 5A.010. Applicability of Pertinent Provisions of Laws. – All
existing laws, rules and regulations governing municipal waters and municipal
fisheries are hereby adopted as part of this Article.
Article B. Rentals of Personal and Real Properties
Owned by the City
(Rentals to be based at full cost pricing)
Section 5B.01. Imposition. The following rates of rental fees for the use of
real and personal properties of this city shall be collected:
Page 112 of 147
Rate of Rental
(specify if
Item KINDS OF PROPERTY
annual, monthly,
weekly or daily)
1) Land Only (per sq.m)
a) Located in commercial/industrial area P ______
b) Located in residential area P ______
c) others P ______
2) Building (per square meter of floor area)
a) Located in commercial/industrial area P ______
b) Located in residential area P ______
c) others P ______
Section 5B.02. Time of Payment. The fees imposed herein shall be paid to
the City Treasurer or his duly authorized representative, before the use or
occupancy of the property.
Article C. Charges for Parking
Section 5C.01. Imposition of Fee. There shall be collected fees for the use
of city owned parking area or designated streets for pay parking in
accordance with the following schedule:
ANNUAL
RATES
NATURE
DAILY
RATES
A) Day Parking Rates
Vehicle Type:
Tricycle P ______
Private Cars and Service Vehicles P ______
Passenger Jeepneys P ______
Cargo Trucks/Delivery Vans P ______
Passenger Bus
2) Overnight Parking Rates
All types of vehicles
Annual P ______
Daily P ______
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Each barangay shall assist the city government in ensuring
compliance by car-owning residents with the night-parking
regulation and shall correspondingly receive a _______ percent
(____%) share of the fees collected from its jurisdiction.
3) Towing fee of P300.00 and impounding fee ofP100/day shall be
collected from owners of vehicles who shall violate this Article.
(ALTERNATIVE RATE STRUCTURE:)
Annual/Daily
NATURE
Rates
A) For the first _____ hours
a) Passenger buses or cargo trucks
b) Mini buses or jeepneys P ______
c) Cars P ______
d) Tricycle P ______
e) Other vehicles P ______
B) For each succeeding hour or a fraction thereof:
a) Passenger buses or cargo trucks P ______
b) Mini buses or jeepneys P ______
c) Cars P ______
d) Tricycle P ______
e) Other vehicles P ______
C) Overnight Parking Rates:
All types of vehicle-
a) Annual P ______
b) Daily P ______
D) Towing fee of P300 and impounding fee of P100/day shall be
collected from owners of vehicles who shall violate this Article.
Section 5C.02. Time of Payment. The fees herein imposed shall be paid
to the City Treasurer or to his duly delegated representative upon parking
thereat.
Page 114 of 147
Article D. City Hospital Service Fees
Section 5D.01. Imposition of City Hospital Service Fees. –
The following schedule of fees is hereby imposed for services of facilities
rendered by the City Hospital:
AMOUNT
KINDS OF SERVICES
OF FEE
1. Medical Fees:
A) In Patient- P ______
P ______
Ward Room P ______
Delivery Room P ______
Normal Delivery (excluding medicine) P ______
Abnormal Delivery (excluding medicine) P ______
Operating Room P ______
Aircon Room P ______
Private Room without aircon P ______
Nursery
B) Out-Patient Service:
P ______
P. E. Consultation and prescription
(excluding laboratory and other specific
examination)
Hypodermic, IM Injection (excluding
medicine)
Intravenous injection (excluding medicine)
C) General Surgical Dressing: P ______
Small
Medium
Large
Cotton Balls
D) Suturing of wound: P ______
Large wound (3 cm and larger, no. of
sutures x P_____)
Circumcision
Ingrown toenail
Ambulance Fees –
Page 115 of 147
- Within the city
- Outside the city
- Outside the province
Electric Fan/day
Oxygen Tank
ECG
2. Dental Services
Extraction – per tooth (including anesthesia)
Temporary filling – per tooth
Permanent filling – per tooth
Silicate cement
Composite filling
Cementation
Prophylaxis
Gum treatment –
- Initial
- Second treatment
Dental X-ray
3. X-Ray Examination Fees:
Chest X-ray )PA):
AP P ______
APL
14 x 17
14 x 14 AP
11 x 14 APL
10 x 12
8 x 10
Thoracic Cage:
AP
P ______
APL
14 x 17
14 x 14 AP
14 x 14 APL
10 x 12
8 x 10
Thoracic – Lumbar (AP Lateral)
AP P ______
APL
Page 116 of 147
14 x 17
14 x 14 AP
14 x 14 APL
10 x 12
8 x 10
Lumbo-Sacral (Ap Lateral) P ______
Skull AP and Lateral
Skull Paranasil Sinuses (3 cs)
10 x 12
Extremities, Long Bones, AP Lateral, AP Lateral
P ______
Hand and Wrist – AP
APL
KUB –
- 14 x 17
Plain Abdomen:
AP P ______
APL
14 x 17
10 x 12
IUD:
14 x 17 (5 pcs) P ______
10 x 12 (4 pcs.)
Upper GI Series:
14 x 17 (1 pc.)
10 x 12 (4 pcs.) P ______
Oral Cholecystography:
10 x 12 (3 pcs.) with medication P ______
Pedia:
10 x 12 (e pcs.) P ______
Chole GI Series:
14 x 17 (1 pc.) P ______
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14 x 12 (4 pcs.)
8 x 10 (1 pc.)
4. Laboratory Examination Fees:
Blood Chemistry P ______
Fasting Blood Sugar
Blood Urea Nitrogen
Cholesterol
Creatinine
Uric Acid
SGOT
SGPT
Total Biluribin
Total Protein A/G Ration
Hematology
Complete Blood Count
Hemoglobin/Hemotocrit
Determination: P ______
WBC, Different Count
RBC Count
ESR
Bleeding/Clotting Time
Thrombocyte Count
Malaria Detection
Parasitology
Routine Stool Examination
Clinical Microscopy
Routine Analysis
Pregnancy Test
Blood Banking
ABO-RH Testing
Cross Matching
Immunology
Widal Test
Bacteriology
Acid Fast Stain Smear (TB, Leprosy)
Gram Stain Smear
Pap Smear
5. Subsistence:
Pay Ward P ______
Charity
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Section 5D.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.
Section 5D.03. Exemptions. – Residents who are certified by the assigned
City Officer as indigent and upon approval by the City 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.
Article E. Charges for Use of Waterworks System
Section 5E.01. Imposition of Charges. – The fees and charges provided
herein shall be collected for the water service rendered by
_____________________ of this city’s waterworks system.
RATE OF
KINDS OF SERVICE
FEES
a) Application fee for connection with waterworks P ______
system P ______
b) Guarantee deposit for every application P ______
c) Installation for the first lineal feet of pipe
P ______
1. Earth and gravel excavation P ______
2. Asphalt road P ______
3. Cemented road
For every additional pipe of ___ lineal feet P ______
long or fraction thereof will be charged
d) For metered service:
1. Minimum charge for not more than ____ cu.
m./month P ______
P ______
a) Residential service P ______
b) Commercial service
c) Industrial service
2. For every cubic meter in excess of ____ cu. m. P ______
/moth P ______
P ______
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a) Residential service
b) Commercial service
c) Industrial service
e) For unmetered service:
P ______
1. Flat Rate consisting of one (1) faucet only: P ______
P ______
a) Residential service
b) Commercial service P ______
c) Industrial service
f) Re-installation fee
P ______
g) Tapping Fees: P ______
P ______
1. For one-half inch (1/2") diameter
2. For three-fourth inch (3/4”) diameter
3. For one inch (1”) diameter
Section 5E.02. Time of Payment. – The water rental is due and payable to
the Office of the City Treasurer within the first _____ ( ) days of the following
month.
Section 5E.03. Administrative Provisions. –
(a) A written application/contract filed with the Office of _______________
shall be required for any of the aforementioned services.
(b) A cash deposit of _______________ Pesos (P________) shall be required of
every customer/applicant before the initial service is rendered. It shall
answer for any unpaid due and demandable water charges rendered in
accordance with the foregoing rates which shall automatically be
charged off against the cash deposit after failure to pay the monthly fee
within _____ ( ) days of the succeeding month.
In cases where the cash deposit shall no longer be sufficient to cover
water fees and surcharges, the water connection shall be disconnected
after failure by the customer to settle the difference after a period of
______ ( ) days from receipt of notice of disconnection.
The cash deposit shall be refunded by the System if the customer
desires to withdraw the service of the System and all his water bills
shall have been fully paid.
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(c) For billing purposes, a water meter shall be read one (1) month after its
connection and every month thereafter. The meter shall be sealed and
the seal shall be broken only when the meter is to be inspected, tested,
or adjusted by the System. It shall be tested at any reasonable time by
the duly authorized representative/inspector of the System or upon the
request of the customer and to be witnessed by him if he so desires.
If the testing of the meter is upon the request of the customer and the
test discloses that the water meter is defective, corresponding
adjustments shall be made and no fee shall be charged to the customer.
If no defect is found in the meter, then the customer shall pay to the
System _____________________ Pesos (P ) for every five-eighth (5/8")
and three-fourth inch (3/4") of water meter and _____________ Pesos (P
) for every water meter bigger than the above.
(d) For re-opening of service upon request of the customer after it has been
closed for delinquency, ________ Pesos (P ) shall be charged if the
service is closed at the metering point. If it is closed at the water main
or main pipe, the cost of street repair shall be paid by the customer.
(e) Service connection for domestic or residential use shall not use pipes
bigger than on-half inch (1/2") in diameter.
(f) Service connection using pipes bigger than one-half (1/2") in diameter
may be allowed for commercial and/or industrial use only, provided
that the applicant thereof shall satisfy in his application the need of a
bigger size which shall in all cases be subject to the approval of the
___________________________________.
(g) Every multi-door apartment shall have separate water service
connection and separate water meter for every occupant or lessee
therein.
Article F. Cemetery Charges
Section 5F.01. Imposition of Fees. – There shall be collected the following
rental fees for a period of __________ years for the rental of City Cemetery lots:
Fee for Lease
NATURE OF LEASE
Period
a) Rental fee for each burial lot P ______
b) For every additional layer thereof P ______
c) For niches P ______
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Section 5F.02. Time of Payment. – The fee shall be paid to the City
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 City Mayor.
Section 5F.04. Administrative Provisions. –
(a) As used in this Article, City Cemetery shall refer to the lot owned by this
city located at ______________________.
(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 City Health Officer; or, if no medical officer is
available, by the City Mayor, City Administrator, or any member of the
Sangguniang Panlungsod shall be 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 City Mayor, upon recommendation of
the City Health Officer.
(f) In case a lessee intends to renew the lease after its termination, he must
inform the City 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 City Treasurer to prepare and submit to the
City Mayor a list of the leases that are to expire five (5) days prior to the
expiration date. The City 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 City Treasurer shall keep a register in account of the cemetery,
together with such additional information as may be required by the
Sangguniang Panlungsod.
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Article G. Market Fees and Charges
(A separate Market Code is recommended)
Section 5G.01. Subdivision of Market Building. – The public market shall
be divided into sections with each section housing one class or group of allied
goods, commodities, or merchandise.
Section 5G.02. Imposition of Market Fees and Charges. – There shall be
collected the following market fees and charges:
STALL
MARKET SECTION
RENTAL/FEE
A. RENTAL FEE ON MARKET STALLS
1) On fixed stalls with booth constructed by the municipal
government, per square meter or fraction thereof, per moth:
a. Dry Goods Section P ________
b. Grocery Section
c. Vegetables and Fruits Section
d. Eating/Eatery Section
e. Flower Shop Section
f. Cold Storage Section
2) On stalls with booths constructed by the lessees, per square meter
or fraction thereof, per month:
a. Dry Goods Section P ________
b. Grocery Section
c. Vegetables and Fruits Section
d. Eating/Eatery Section
e. Flower Shop Section
f. Cold Storage Section
3) On spaces in the wet section and live fowls and piglets section,
including the poultry dressing area, per square meter or fraction
thereof, per month:
a. Fish Section P ________
b. Meat Section
c. Live Fowls and Piglets Section
Provided, That stalls, booths, tiendas, and/or spaces located in the best areas,
e.g., corner spaces or those so designated by the Market
Administrator/Supervisor, shall pay rental charges twenty-five percent (25%)
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higher than the rates imposed herein; Provided Further, That rental charges
shall be paid within the first ten (10) days of the month.
AMOUNT OF
MARKET SECTION
FEE
A. Market Fees for the occupancy of Market premises
a) Where occupancy is more permanent, per square meter or fraction
thereof, per month:
As site of structures, such as stalls, booths, P ________
or tiendas
As reserved space for whatever purpose
allowed under this Code, such as selling, or P ________
storage of goods and bagsakan
b) On premises reserved for ambulant vendors, hawkers, and similar
tupes of vendors, per square meter, per day:
Market entrance fee on transient vendors of
any commodity or merchandise brought into
the market for sale-
1. For every sack of salt or sugar P ________
2. For every sack of animal fees, rice bran, or
fertilizer
3. For every sack of salted fish or dried
shrimps
4. For every basket/kaing of vegetables,
fruits
3) On spaces in the wet section and live fowls and piglets section,
including the poultry dressing area, per square meter or fraction
thereof, per month:
[Any other reasonable qualification can be adopted. The rule in
fixing market entrance fees is to approximate the fee charged on
the basis of space occupied, and not on the value of the commodity
or merchandise.]
Any vendor occupying any table, cubicle or other space with an area
exceeding that to which by virtue of payment of the entrance fee shall be
required to pay the correct amount of fees thereon less what he may
have already paid as entrance fee.
Duly licensed suppliers or distributors of goods, commodities or general
merchandise servicing permanent occupants of market stalls, booths,
tiendas, or other space, as well as the same occupants when they bring
in goods, commodities, or merchandise to replenish or augment their
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stock, shall not be considered as transient vendors required to pay the
market entrance fee.
Section 5G.03. Payment of Fees. – Unless otherwise provided herein, the
market fee must be paid in advance before any person can sell, or offer to sell,
any commodity or merchandise within the public market and its premises.
Section 5G.04. Issuance of Cash Tickets to Transient Vendors;
Prohibition on Transfer Thereof. – Cash tickets shall be issued to the vendor
buying the same and his name, date and signature of the Collector shall be
written on the back thereof. The cash ticket shall pertain only to the person
buying the same and shall be good only for the space or spaces of the market
premises to which he is assigned and only while in the hands of the original
purchaser. If a vendor disposes of his merchandise by wholesale to another
vendor, the latter shall, purchase new tickets if he desires to sell the same
merchandise even if this is to be done in the place occupied be the previous
vendor.
Cash tickets shall be provided with serial numbers by the Office of the
Municipal Treasurer, which shall monitor the issuance of the cash tickets in
collaboration with the Market Administrator/Supervisor.
Article H. Slaughterhouse Fees
Section 5H.01. Permit Fee to Slaughter. – Before any animal is slaughtered
for public consumption, a permit therefor shall be secured from the Municipal
Veterinarian. For this permit a permit fee in the amount of Php _________shall
be paid.
Section 5H.02. Imposition of Slaughter Fees. – There shall be collected the
following slaughter fees:
AMOUNT
KIND OF ANIMALS
OF FEE
FOR PUBLIC CONSUMPTION ON THE BASIS OF HEAD:
Large cattle per head P ______
Hogs per head
Goats per head
Sheep per head
Other per head
FOR PUBLIC CONSUMPTION ON THE BASIS OF KILO:
Large cattle per kilo of dressed meat P _______
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Hogs per kilo of dressed meat
Goats per kilo of dressed meat
Sheep per kilo of dressed meat
Other per kilo of dressed meat
FOR HOME CONSUMPTION ON THE BASIS OF HEAD:
Large cattle per head P ______
Hogs per head
Goats per head
Sheep per head
Other per head
FOR HOME CONSUMPTION ON THE BASIS OF KILO:
Large cattle per kilo of dressed meat P _______
Hogs per kilo of dressed meat
Goats per kilo of dressed meat
Sheep per kilo of dressed meat
Other per kilo of dressed meat
Section 5H.03. Place of Slaughter. – The slaughter of any kind of animal for
sale to, or consumption of, the public shall be done only in the municipal
slaughterhouse. The slaughter for animals intended for home consumption
may be done elsewhere except cattle; Provided, that the animal slaughtered
shall not be sold or offered for sale.
Section 5H.04. Requirement for the Issuance of a Permit for the
Slaughter of Large Cattle. – Upon issuance of the permit required in Section
4B.01 of this Article, large cattle shall be slaughtered at the municipal
slaughterhouse or in any other place as may be authorized by ordinance.
Before issuing the permit for the slaughter of large cattle, the Treasurer shall
require for branded cattle the production of certificate of ownership if the
owner is the applicant or the original certificate of ownership and the
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 corresponding fee collected therefor. For unbranded
cattle that have not yet reached the required age for branding, the 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 for the required age, the necessary owner’s and transfer
certificates shall be issued and the corresponding fees collected therefor before
the permit is granted.
Section 5H. 05. Corral Fee. – The following fees, per day or fraction thereof,
shall be collected for the animals to be slaughtered, which are deposited and
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kept in a corral owned by the local government.
FEE
KIND OF ANIMAL
(per head)
Large cattle, per head P _______
Hogs per head
Goats per head
Sheep per head
Other per head
Section 5J.04. Time of Payment. –
(a) The slaughter of any kind of animal intended for sale shall be done only
in the city 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 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.
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(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.
Article I. Toll Fees or Charges
Section 5I.01. Imposition of Fee or Charges. – There shall be collected a fee
or charge for the use of the following utilities owned and operated by this
municipality..
AMOUNT OF
TYPE OF INFRASTRUCTURE
FEE
Pier P _______
Ferry
Bridge
Etc. (pls. specify)
Section 5I.02. Exemptions. – No such tolls or fees or charges shall be
collected from officers and enlisted men of the Armed Forces of the Philippines
and members of the Philippine National Police on mission, ambulances, post
office personnel delivering mail, physically handicapped, and disabled citizens
who are sixty-five (65) years or older.
Section 5I.03. Time of Payment. – Fees and charges for the use of the above
mentioned facilities shall be made every time such facilities are utilized.
Section 5I.04. Administrative Provision. – When public safety and welfare
so requires, the Sangguniang Bayan may discontinue the collection of tolls
and thereafter said facility shall be free and open for public use.
CHAPTER VI - COMMUNITY TAX
Section 6.01. Imposition of Tax. – There shall be imposed a community
tax on persons, natural or juridical, residing in the city.
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Section 6.02. Individuals liable to Community Tax. – Every inhabitant of
the Philippines who is a resident of this city, eighteen (18) years of age or
over who has been regularly employed on a wage or salary basis for at least
thirty (30) consecutive working days during any calendar year, or who is
engaged in business or corporation, or who owns real property with an
aggregate assessed value of One Thousand (P1,000.00) Pesos or more, or
who is required by law to file an income tax return shall pay an annual
community tax of Five (P5.00) Pesos and an annual additional tax of One
Peso (P1.00) for every One Thousand Pesos (P1,000.00) of income regardless
of whether from business, exercise of profession or from property which in
no case shall exceed Five Thousand Pesos (P5,000.00)
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.
Section 6.03. Juridical Persons Liable to Community Tax. – Every
corporation no matter how created or organized, whether domestic or
resident-foreign, engaged in or doing business in the Philippines whose
principal office is located in this city shall pay an annual Community Tax of
Five Hundred Pesos (P500.00) and an additional tax, which in no case,
shall exceed Ten Thousand Pesos (P10,000.00) in accordance with the
following schedule:
(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 city where the real property is
situated - Two (P2.00) Pesos; and
(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 6.04. Exemption. – The following are exempted from the
Community Tax:
(a) Diplomatic and consular representatives; and
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(b) Transient visitors when their stay in the Philippines does not
exceed three (3) months.
Section 6.05. - Place of Payment. – The Community Tax shall be paid in
the Office of the City Treasurer or to the deputized Barangay Treasurer.
(a) The Community Tax shall accrue to the first (1st) day of January each
year which shall be paid not later than the 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 payment of community tax on the day he reached
such age or upon the day the exemption ends. 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 within
which to pay the community tax without being delinquent.
(c) Persons who come to reside in the Philippines or reach the age of
eighteen (18) years on or after the first (1st) day of July of any year,
or who cease to belong to an exempt class on or after the same
date, shall not be subject to community tax for that year.
(d) Corporations established and organized on or before the last day of
June shall be liable for the payment of community tax for that year.
Corporations established or organized on or before the last day of
March shall have twenty (20) days within which to pay the
community tax without becoming delinquent. Corporations
established and organized on or after the first day of July shall not
be subject to c
(e) ommunity tax for that year.
(f) If the tax is not paid within the time prescribed above, there shall be
added to the unpaid amount an interest of twenty-four percent (24%)
per annum from the due date until it is paid.
Section 6.06. Community Tax Certificate - A Community Tax Certificate
shall be issued to every person or corporation upon payment of the
Community Tax. A Community Tax Certificate may also be issued to any
person or corporation not subject to the Community Tax upon payment of
One Peso (P1.00).
Section 6.07. Presentation of Community Tax Certificate on Certain
Occasions. –
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(a) When an individual subject to community tax acknowledges any
document before a notary public, takes 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 any public fund; transacts other
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.
The presentation of community tax shall not be required in connection
with the registration of a voter.
(b) When through its authorized officers, any corporation subject to
community tax receives any license, certificate, or permit from any
public authority, pay 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 is made or business done, 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 of January until the fifteenth (15th) of April each year, in which
case, the certificate issued for the preceding year shall suffice.
Section 6.08. Collection and Allocation of Proceeds of the Community
Tax. –
(a) The City Treasurer shall deputize the Barangay Treasurer, subject to
existing laws and regulation, to collect the Community Tax payable by
individual taxpayers in their respective jurisdiction; 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 directly collected by the City Treasurer shall accrue
entirely to the general fund of the city.
The proceeds of the Community Tax collected through the Barangay
Treasurer shall be apportioned as follows:
(1) Fifty percent (50%) shall accrue to the general fund of the city; and
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(2) Fifty percent (50%) shall accrue to the barangay where the tax is
collected.
CHAPTER VII. GENERAL ADMINISTRATIVE PROVISIONS
Article A. Collection and Accounting of City Taxes
and Other Impositions
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.
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.
Section 7A.05. Interest on Unpaid Tax. – In addition to the surcharge
imposed herein, where the amount of any other revenue due to the city
except voluntary contributions or donations, is not paid on the date fixed in
the ordinance, or in the contract, expressed or implied, or upon the
occurrence of the event which has given rise to its collection, there shall be
collected as part of that amount an interest at the rate not to exceed two
percent (2%) per month from the date it is due until it is paid, but in no case
shall the total interest on the unpaid amount or a portion thereof exceed
thirty-six (36) months.
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.
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Section 7A.06. Collection. – Unless otherwise specified, all taxes, fees and
charges due to this city shall be collected by the City Treasurer or his duly
authorized representatives.
Unless otherwise specifically provided in this Ordinance or under existing
laws and ordinances, the City Treasurer is hereby authorized, subject to the
approval of the City Mayor, to promulgate rules and regulations for the proper
and efficient administration and collection of taxes, fees and charges herein
levied and imposed.
Section 7A.07. Issuance of Receipts. – It shall be the duty of the City
Treasurer or his authorized representative to issue the required official receipt
to the person paying the tax, fee or charge wherein the date, amount, name of
the person paying and the account for which it is paid, are shown.
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 City Treasurer to keep a record, alphabetically arranged and open to
public inspection during office hours, of the names of all persons paying city
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.
Section 7A.09. Accounting of Collections. – Unless otherwise provided in
this Ordinance and other existing laws and ordinances, all monies collected
by virtue of this Ordinance shall be accounted for in accordance with the
provisions of existing laws, rules and regulations and credited to the General
Fund of the City.
Section 7A.10. Examination of Books of Accounts. – The City Treasurer
shall, by himself or through any of his deputies duly authorized in writing,
examine the books of accounts and other pertinent records of the business
establishments doing business within the city, and subject to city 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.
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In case the examination herein authorized is to be made by a duly authorized
deputy of the City Treasurer, there shall be written authority issued to the
former which shall specifically state the name, address and business of the
taxpayer whose books of accounts and pertinent records are to be examined,
the date and place of such examination, and the procedure to be followed in
conducting the same.
For this purpose, the records of the Revenue District Office of the Bureau of
Internal Revenue shall be made available to the City 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 city ordinance shall accrue to the General Fund of the city.
Article B. Civil Remedies for Collection of Revenues
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
business 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
(b) By judicial action.
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Either of these remedies or all may be pursued concurrently or
simultaneously at the discretion of the City Treasurer.
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 City 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 City 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 City 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.
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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 City Treasurer, shall make a report of the proceedings in
writing to the City 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.
Said Committee on Appraisal shall be composed of the City Treasurer
as Chairman, with a representative of the Commission on Audit and the
City Assessor as Members.
f) Disposition of Proceeds. The proceeds of the sale shall be applied to
satisfy the 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 City 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 city 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
city, 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.
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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
City 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
Panlungsod.
h) Penalty for Failure to Issue and Execute Warrant. Without prejudice to
criminal prosecution under the Revised Penal Code and other applicable
laws, the City 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 City
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
city. 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 City Hall or on the property to be sold, or at any other place as
determined by the City Treasurer, conducting the sale and specified in
the notice of sale.
Within thirty (30) days after the sale, the City Treasurer or his deputy
shall make a report of the sale to the Sangguniang Panlungsod, and
which shall form part of his records. After consultation with the
Sangguniang Panlungsod, and which shall form part of his records.
After consultation with the Sanggunian, the City 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
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in the proceeds of the sale over the claim and cost of sales shall be
turned over to the owner of the property. The City 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.
j) 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 City 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 City
Treasurer or his representative.
The City 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 City 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 City 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 City
Treasurer shall purchase the property on behalf of the city 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
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with his office of any such declaration of forfeiture to transfer the title of
the forfeited property to this city 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 City
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 city.
m) Resale of Real Estate Take for Taxes, Fees or Charges. The Sangguniang
Panlungsod 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 city.
n) Collection of Delinquent Taxes, Fees, Charges or Other Revenues
Through Judicial Action. The city may enforce the collection of
delinquent taxes, fees, charges or other revenues by civil action in any
court of competent jurisdiction. The civil action shall be filed by the
City Treasurer within the period prescribed in Section 194 of the
Republic Act No. 7160, as implemented under Article 284 of the
Implementing Rules and Regulations (IRR).
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:
1. Tools and the implements necessarily used by the delinquent
taxpayer in the trade or employment;
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;
3. His necessary clothing, and that of all his family;
4. Household furniture and utensils necessary for housekeeping and
used for that purpose by the delinquent taxpayer, such as he may
select, of a value not exceeding Ten Thousand Pesos (P10,000.00);
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5. Provisions, including crops, actually provided for individual or family
use sufficient for four (4) months;
6. The professional libraries of doctors, engineers, lawyers and judges;
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
8. Any material or article forming part of a house or improvement of
any real property.
Article C. Taxpayer's Remedies
Section 7C.01. Periods of Assessment and Collection. –
(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:
1. The treasurer is legally prevented from making the assessment of
collection;
2. The taxpayer requests for a reinvestigation and executes a waiver in
writing before expiration of the period within which to assess or
collect; and
3. The taxpayer is out of the country or otherwise cannot be located.
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Section 7C.02. Protest of Assessment. – When the City Treasurer or his
duly authorized representative finds that correct taxes, fees, or charges have
not been paid, he shall issue a notice of assessment stating the nature of the
tax, fee or charge, the amount of deficiency, the surcharges, interests and
penalties.
Within sixty (60) days from the receipt of the notice of assessment, the
taxpayer may file a written protest with the City Treasurer contesting the
assessment; otherwise, the assessment shall become final and executory. The
City 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 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 City 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 7C.04. Legality of this Code. - Any question on the constitutionality
or legality of this Ordinance may be raised on appeal within thirty (30) days
from the effectivity thereof to the Secretary of Justice who shall render a
decision within sixty (60) days from the date of receipt of the appeal: Provided,
however, that such appeal shall not have the effect of suspending effectivity of
this Ordinance and the accrual and payment of the tax, fee or charge levied
herein: Provided finally, that within thirty (30) days after the receipt of the
decision or the lapse of the sixty-day period without the Secretary of Justice
acting upon the appeal, the aggrieved party may file the appropriate
proceedings with a court of competent jurisdiction.
Article D. Miscellaneous Provisions
Section 7D.01. Power to Levy Other taxes, Fees or Charges. – The city
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.
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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.03. Public Dissemination of this Code. – Copies of this Revenue
Code shall be furnished to the City Treasurer for public dissemination.
Section 7D.04. Authority to Adjust Rates. – The Sangguniang Panlungsod
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.
Section 7D.05. Withdrawal of Tax Exemption Privileges. – Unless
otherwise provided in this Revenue Code, tax exemptions or incentives
granted to, or presently enjoyed by all persons, whether natural or juridical,
including government-owned or controlled corporations, except local water
districts, cooperatives duly registered under RA 6938, non-stock and non-
profit hospitals and educational institutions, business enterprises certified by
the Board of Investment (BOI) as pioneer or non-pioneer for a period of six (6)
and four (4) years, respectively, from the date of registration, business entity,
association, or cooperatives registered under RA 6810, and printer and/or
publisher of books or other reading materials prescribed by DECS as school
texts or references, insofar as receipts from the printing and/or publishing
thereof are concerned, are hereby withdrawn.
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CHAPTER VIII - BUSINESS ENTERPRISES
ESTABLISHMENT OF BARANGAY MICRO-BUSINESS
ENTERPRISES ((BMBE’
Article A. PRELIMINARY PROVISIONS
Section 8A. 01. Short Title. – This act shall be known as the “Barangay
Micro Business Enterprises (BMBE’s) Act of 2002.
Section 8A. 02. Declaration of Policy. – It is hereby declared to be the
policy of the State to hasten the country’s economic development by
encouraging the formation and growth of Barangay micro business
enterprises which effectively serve as seedbeds of Filipino entrepreneurial
talents, and integrating those on the informal sector with the mainstream
economy, through the rationalization of bureaucratic restrictions, the active
intervention of the government specially in the local level, and the granting of
incentives and benefits to generate much-needed employment and alleviate
poverty.
Section 9A. 03. Definition of Terms. – As used in this Act, the following
terms shall mean:
(a) “Barangay Micro Business Enterprise – hereinafter referred to as
BMBE, refers to any business entity or enterprise engaged in the
production, processing or manufacturing of products or commodities,
including agro-processing, trading and services, whose total assets
including those arising from loans but exclusive of the land on which
the particular business entity’s office, plant and equipment are
situated, shall not be more than Three Million Pesos (3,000,000.00).
The above definition shall be subject to review and upward adjustment
by the SMED Council, as mandated under Republic Act NO. 6977, as
amended by Republic Act No. 8289.
For the purpose of this Act, “services” shall exclude those rendered by
any one, who is duly licensed by the government after having passed a
government licensure examination, in connection with the exercise of
one’s profession.
(b) “Certificate of Authority” is the certificate issued granting the authority
to the registered BMBE to operate and be entitled to the benefits and
privileges accorded thereto.
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(c) “Assets” refers to all kinds of properties, real or personal, owned by
the BMBE and used for the conduct of its business as defined by the
SMED Council: Provided, that for the purpose of exemption from taxes
and fees under this Act, this term shall mean all kinds of properties,
real or personal, owned and/or used by the BMBE for the conduct of
its business as defined by the SMED Council.
(d) “Registration” refers to the inclusion of BMBE in the BMBE Registry of
a city or municipality.
(e) “Financing” refers to all borrowings of the BMBE from all sources after
registration.
Article B. REGISTRATION AND OPERATION OF BMBEs
Section 8B. 01. Registration and Fees. – The Office of the Treasurer of
each city or municipality shall register the BMBEs and issue a Certificate of
Authority to enable the BMBE to avail of the benefits under this Act. Any
such application shall be processed within fifteen (15) working days upon
submission of complete documents. Otherwise, the BMBEs shall be deemed
registered. The Municipal or City Mayor may appoint a BMBE Registration
Officer who shall be under the Office of the Treasurer. Local Government
Units (LGUs) are encouraged to establish a One-Stop-Business Registration
Center to handle the efficient registration and processing of permit/licenses
of BMBEs. Likewise, LGUs shall make a periodic evaluation of the BMBEs’
financial status for monitoring and reporting purposes.
The LGUs shall issue the Certificate of Authority promptly and free of charge.
However, to defray the administrative costs of registering and monitoring the
BMBEs, the LGUs may charge a fee not exceeding One Thousand Pesos
(P1,000.00)
The Certificate of Authority shall be effective for a period of two (2) years,
renewable for a period of two (2) years for every renewal.
As much as possible, BMBEs shall be subject to minimal bureaucratic
requirements and reasonable fees and charges.
Section 8B 02. Who are Eligible to Register. – Any person, natural or
juridical, or cooperative, or association, having the qualifications as defined
in Section 6A. 03 hereof may apply for registration as BMBE.
Section 8B 03. Transfer of Ownership. – The BMBE shall report to the
city or municipality of any change in the status of its owner structure and
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shall surrender the original copy of the BMBE Certificate of Authority for
notation with the transfer.
Article C. INCENTIVES AND BENEFITS
Section 8C.01. Exemption from Taxes and Fees. – All BMBEs shall be
exempt from income tax for income arising from the operations of the
enterprise.
The LGUs are encouraged either to reduce the amount of local taxes, fees
and charges imposed or to exempt the BMBEs from local taxes, fees and
charges.
Section 8C. 02. Exemption from the Coverage of the Minimum Wage
Law. – The BMBEs shall be exempt from the coverage of the Minimum Wage
Law: Provided, that all the employees covered under this Act shall be entitled
to the same benefits given to any regular employee such as social security
and health care benefits.
Section 8C. 03. Credit Delivery. – Upon the approval of this Act, the Land
Bank of the Philippines (LBP) the Development Bank of the Philippines
(DBP), the Small Business Guarantee and Finance Corporation (PCFC) shall
set up a special credit window that will service the financing needs of BMBEs
registered under this Act consistent with the Bangko Sentral ng Pilipinas
(BSP) policies, rules and regulations. The Government Service Insurance
System (GSIS) and Social Security System (SSS) shall likewise set up a
special credit window that will serve the financing needs of their respective
members who wish to establish a BMBE. The concerned financial
institutions (FIs) are encouraged to wholesale the funds to accredited private
financial institutions including community based organizations such as
credit, cooperatives, non-government organizations (NGOs) and people’s
organizations, which will in turn, directly provide credit support to BMBE’s.
All loans from whatever sources granted to BMBEs under this Act shall be
considered as part of alternative compliance to Presidential Decree No. 717,
otherwise known as the Agri-Agra Law, or to Republic Act No. 6977, known
as the Magna Carta for Small and Medium Enterprises, as amended. For
purposes of compliance with Presidential Decree No. 717 and Republic Act
No. 6977, as amended, loans granted to BMBEs under this Act shall be
computed at twice the amount of the face value of the loans.
Any existing laws to the contrary notwithstanding, interests, commissions
and discounts derived from the loans by the LBP, DBP, PCFC and SBGFC
granted to BMBEs as well as loans extended by the GSIS and SSS to their
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respective member-employees under this Act shall be exempt from gross
receipts tax (GRT)
To minimize the risks in lending to the BMBEs, the SBGFC and the
Quedancor and Rural Credit Guarantee Corporation (QUEDANCOR), under
the Department of Agriculture, incase of agribusiness and activities, shall set
BMBEs under their respective guarantee programs.
The LBP, DBP, PCFC, SBGFC, SSS, GSIS and QUENDANCOR shall annually
report to the appropriate Committees of both Houses of Congress on the
status of the implementation of this provision.
The BSP shall formulate the rules for the implementation of this provision
shall likewise establish incentive programs to encourage and improve credit
delivery to the BMBEs.
Section 8C. 04. Technology, Transfer, Production and Management
Training, and Marketing Assistance. – A BMBE Development Fund shall
be set up with an endowment of Three Hundred Million Pesos
(P300,000,000.) from the Philippine Amusement and Gaming Corporation
(PAGCOR) and shall be administered by the SMED Council.
The Department of Trade and Industry (DTI) the Department of Science and
Technology (DOST), the University of the Philippines Institute for Small Scale
Industries (UP ISSI), Cooperative Development Authority (CDA), Technical
Education and skills Development Authority (TESDA), and Technology and
Livelihood Resource Center (TLRC) may avail of the said Fund for technology
transfer, production and management training and marketing assistance to
BMBEs.
The DTI, in coordination with the private sector and non-government
organizations (NGOs), shall explore the possibilities of linking or matching
up BMBEs with small, medium, and large enterprises, and likewise establish
incentives therefore.
The DTI, in behalf of the DOST, UP ISSI, CDA, TESDA and TLRC shall be
required to furnish the appropriate Committees of both Houses of Congress
a yearly report on the development and accomplishments of their projects
and programs in relation to technology transfer, production and
management training and marketing assistance extended to BMBEs.
Section 8C.05. Trade and Investment Promotion. – The data gathered
from business registration shall be made accessible to and shall be utilized
by private sector organizations and non-government organizations for
purposes of business matching, trade and investment promotion.
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Section 8C.06. Information Dissemination. – The Philippine Information
Agency (PIA), in coordination with the Department of Labor and Employment
(DOLE), the DILG and the DTI, shall ensure the proper and adequate
information dissemination of the contents and benefits of this Act to the
general public especially to its intended beneficiaries specifically in the
Barangay level.
Section 8C.07. Penalty. – Any person who shall willfully violate any
provision of this Act or who shall in any manner commit any act to defeat
any provision of this Act shall, upon conviction, be punished by a fine of not
less than Twenty-five Thousand Pesos (P25,000.00) but not more than Fifty
Thousand Pesos (P50,000.00) and suffer imprisonment of not less than six
(6) months but not more than two (2) years.
In case of non-compliance with the provisions of Section 9 of this Act, the
BSP shall impose administrative sanctions and other penalties on the
concerned government financial institutions, including a fine of not less than
Five Hundred Thousand Pesos (P500,000.00)
Article D. MISCELLANEOUS PROVISIONS
Section 8D. 01. Annual Report. – The DILG, DTI and BSP shall submit an
annual report to the Congress on the status of the implementation of this
Act.
Section 8D. 02. Implementing Rules and Regulations. – The Secretary of
the Department of Trade and Industry, in consultation with the Secretaries
of the DILG, DOF, and the BSP Governor shall formulate the necessary rules
and regulations to implement the provisions of this Act within ninety (90)
days after its approval. The rules and regulations issued pursuant to this
section shall take effect fifteen (15) days after its publication in a newspaper
of general circulation.
Section 8D. 03. Separability Clause. – If any provision or part thereof, is
held invalid or unconstitutional, the remainder of the law or the provision
not otherwise affected shall remain valid and subsisting.
Section 8D. 04. Repealing Clause. – Existing laws, presidential decrees,
executive orders, proclamations or administrative regulations that are
inconsistent with the provisions of this Act are hereby amended, modified,
superseded or repealed accordingly.
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CHAPTER IX. GENERAL PENAL PROVISIONS
Section 9.01. Penalties for Violation of Tax Ordinance. – Any person or
persons who violates any of the provisions of this Ordinance or the rules or
regulations promulgated by authority of this Ordinance shall, upon
conviction, be punished by a fine of not less than One Thousand Pesos
(P1,000.00) nor more than Five Thousand Pesos (P5,000.00), or imprisonment
of not less than one (1) month nor more than six (6) months, or both, at the
discretion of the court.
If the violation is committee by any juridical entity, the President, General
Manager, or the individual entrusted with the administration thereof at the
time of the commission of the violation shall be held responsible or liable
therefor.
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.
CHAPTER X. FINAL PROVISIONS
Section 10.01. 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 10.02. 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 10.03. 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.
Section 10A.04. Effectivity. - This Ordinance shall take effect on
_______________.
Enacted, _______________.
[Tax ordinances and other revenue measures generally take effect on
the first day of the quarter following its enactment.]