Ali Majendra Buan Lidasan

EXCERPT FROM THE MINUTES OF THE RADJAH BUAYAN SANGGUNIANG BAYAN PROVINCE OF MAGUINDANAO, IN ITS REGULAR SESSION HELD AT THE SANGGUNIANG BAYAN SESSION HALL ON FEBRUARY ___, 2017 PRESENT: HON. JONATHAN P. LUMENDA Municipal Vice Mayor/Presiding Officer HON. ABDULSAID U. LUMENDA Sangguniang Bayan Member HON. FAISAL J. LUMENDA -do- HON. SYED KAMAL REZA L. AMPATUAN -do- HON. BENJAMIN L. SAMBOLAWAN -do- HON. ALVIN M. DAGANDAL -do- HON. BAI NENITA S. MAKALAY -do- HON. ZENWAIN D. LUMENDA -do- HON. NASSER M. SABDULLAH -do- HON. DATU YACOB L. AMPATUAN -do- ABSENT: NONE By unanimous vote of the Sangguniang Bayan members who are present, the following City Ordinance was enacted on final reading: MUNICIPAL ORDINANCE: ____ AN ORDINANCE ENACTING A MARKET CODE OF THE MUNICIPALITY OF RADJAH BUAYAN TITLE 1. GENERAL PROVISIONS Section 1 – Title - This ordinance shall be known as THE RADJAH BUAYAN MARKET CODE OF 2017. Section 2. Coverage. a. Provisions of this code shall govern the establishment, classification, administration & operation of Radjah Buayan Public Market & the imposition & collection of market rental fees for occupancy thereof. b. To establish a self-reliant & viable eco enterprises, through the operation of public markets equipped with facilities for the services of the buying public. Section 3. Definition of Terms. – Whenever used in this code, the following terms shall mean: a. Ambulant/Transient or itinerant vendors – are those vendors who sell their merchandise by moving from one place to another and are not occupying a permanent stall or space in the public market. b. Bagsakan – refers to an open area, which served as a service landing area for goods in bulks delivered by suppliers and producers for wholesale purposes. c. Board – Refers to the Jagna Market Board d. Carenderia - refers to any public eating-place, where pre-cooked foods are served and sold. e. Cargador/Carrier – refers to any person who for a fee carries goods or merchandise from one place to another for the convenience of vendors and consumers. f. Charge – refers to a pecuniary liability imposed against property and persons in a form of rent or fee. g. Cereals – refers to rice, corn and other marketable and consumable grains. h. Cold Storage – refers to a place where perishable goods are stored and preserved. i. 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. j. Dry Goods – refers to all kinds of textiles, ready made dresses and apparels, toiletries, novelties, shoes, laces, kitchenwares, utensils and other household articles, handbags and supplies of the same nature. k. Extension area – refers to an area utilized by the stall/space holder for the display of their goods or service to its customer beyond the original area covered by the lease. l. Lease – refers to a written agreement through which the Municipality of Radjah Buayan conveys possession and occupancy for a specified period and for a specified rent of any portion of its market buildings or spaces to another person who binds and accepts the same. m. Lessee – refers to a person having in his/her possession a duly executed contract of lease for a specified rental, granted in his/her favor by the Municipality of Radjah Buayan. n. Lessor – refers to the Municipality of Radjah Buayanor its authorized representative who transfers, conveys and assigns the temporary possession and occupancy of any real property or any portion thereof, for specified rental and period by an agreement or contract of lease. o. License or permit – refers to a privilege or permission granted in accordance with law or ordinance by a competent authority to engage in some businesses, occupations or transactions. p. Market premises – refers to any space in the market compound including the bare ground not covered by market buildings. q. Market sections- refers to classified stalls and spaces selling the same nature and kind of goods and services in a specified area. r. Market stalls – refers to any specified and assigned area or booth in the public market where merchandises or services are sold or offered. s. Public Market – refers to any space, building or structure of any kind owned and/or operated by the Municipality of Radjah Buayan, constructed for the purpose of providing space and/or stalls where goods of any kind and services maybe sold or offered. t. Peddler – refers to a person who, either for himself or on commission travels from one place to another in order to sell his goods. u. Rental fee –means a charge fixed by law or agency in the form of money or otherwise for the enjoyment or use of a thing. v. Stallholders – refers to those who have been granted the permission or privilege to use a stall or booth, where they can display and sell their goods and pay rentals thereon. w. Support facilities – refers to service areas provided, to support operations of the market including the Bagsakan, waste collection station, poultry dressing area, ice and cold storage facilities, warehouse and storage rooms, toilets, parking area, slaughterhouses, trading posts. x. Vendor – refers to a person who sells goods, commodities or foodstuff. Section 4 – Creation – For the attainment of the objectives enunciated by this Code, a Body is hereby created which shall henceforth be known as the Radjah Buayan Public Market Board. Section 5 – Composition – The Board shall be composed of the following: Municipal Mayor -Chairman Municipal Vice Mayor -Vice Chairman SB Market Committee Chairman -Member Municipal Treasurer -Member Municipal Planning and Development Officer -Member Municipal Engineer -Memebr Section 6. – Power and Functions. a. Conduct the drawing of lots and opening of bids in connection with the adjudication of vacant or newly constructed stalls or booth in the Municipal Market and award market stalls to qualified parties. b. Formulate policies, rules and regulations for market operations and administration. c. Conduct periodic review of municipal market operation. d. Determine and fix market rates and fees at levels in order to render market operations economically viable and self-reliant. e. Hear and settle grievances arising out of market operations and administration. Section 7. Term of Office. All members of the Radjah Buayan Public Market Board shall hold office for the duration of the terms of the office to which they were elected or appointed. In the case of the SB representatives, they shall hold office for as long as they are still the Chairperson of the respective SB committees, which they head. Section 8. Meeting. The Radjah Buayan Public Market Board shall have its regular meeting every first Monday of the month, however the Chairman may call a special meeting anytime for the purpose of taking up specific matters upon request from any of its members. Section 9. Excerpt of Meetings. Results of proceeding in every meeting must be fully documented and a copy shall be furnished to each member not later than 5 working days after each meeting held. TITLE 3. SUPERVISION, ADMINISTRATION & ENFORCEMENT OF RULES AND REGULATIONS. Section 10. General Supervision & Control. The Municipal Mayor shall exercise general supervision, administration and control over the operations of public markets and the personnel complement assigned therewith, including those whose duties concern the maintenance, upkeep of sanitation and the peace and order in the market premises in accordance with laws, rules and regulations of public markets and ordinances pertaining thereto. Section 11. Immediate and Direct Supervision. There shall be a Market Administrator, who shall exercise immediate and direct supervision and control over the operation of public market and who shall enforce all ordinances and regulations in all matters relative to the operations of the public market. Section 12. Duties and Functions – The Market Administrator shall: a. Implement and execute the plans and policies of the Board, in the operation of the public markets, concerning sanitation, cleanliness, security and order within the market premises. b. Supervise and evaluate the activities and performance of his subordinates and investigate all complaints relative thereto and recommend to the Municipal Mayor on proper actions to be taken. c. Supervise, evaluate and administer market properties, including the acquisition, maintenance, utilization and disposal thereof. d. Coordinate/cooperate with the Municipal Treasurer on matters of collection and imposition of fees and charges. e. Recommend to the Municipal Mayor the opening of necessary positions in the public market for effective and efficient delivery of the needed services in its operation. f. To render Monthly Report to the Board on the market operations for appropriate action. TITLE 4. MARKET RULES AND REGULATIONS Section 13. Enforcement of Rules and Regulations – The Municipal Mayor through the Market Administrator shall have the authority to enforce and implement these market rules and regulations. Section 14. Coverage. These market rules and regulations shall apply to all employees of the market, market vendors and the general public who do business inside the public market. Section 15. Business Permit Regulations. No person shall be allowed to engage in any kind of business inside the public market or in the immediate premises thereof, without first securing a business permit. All market vendors engaged in the business of food handling must secure a sanitary permit every six (6) months and a health certificate ID in addition thereto. Food servers hired are also required to secure Health Certificate. Section 16. Prohibited Acts by market vendors in the conduct of business: a. Selling of goods not designated in assigned areas. b. Unauthorized making of extensions of stalls beyond leased areas and/or utilizing pathways for display of goods. c. Short weighing and false measuring including tampering of standard weights and measures. d. Bringing in motorcycles, bicycles, pushcarts and the like inside the market compound. e. Utilizing any of the stalls or market spaces as residence or living quarters. f. Littering, vandalism and improper use of comfort rooms and non-observance and cooperation on cleanliness and orderliness. g. Selling or transferring the privilege to lease the stalls or spaces or permitting another person to conduct business therein. h. Display and selling of illegal products/items. Section 17. Obligatory Duties and Responsibilities of The Market Vendors. a. To secure business permit and have it renewed upon expiration. The same must be conspicuously displayed at his/her stall for ready inspection. b. To keep his/her stall in good sanitary condition at all times, by having a garbage can or receptacle of his/her own. c. To pay promptly without demand his/her market dues and other fees at the market Office. In case of his/her failure to do so, pay all fines and penalties accruing thereto. d. To present and have their weighing scales calibrated and sealed at the Market Office. Section 18. Sanctions and Penalties for Violation. – Violations committed on any of these market rules and regulations, not otherwise covered by the existing law and ordinance, rules and regulations shall be dealt with in accordance with the following: a. First violation - Fine of PHP 5,00.00 b. Second violation - Fine of PHP 1,000.00 c. Third violation - Fine of PHP 2,000.00 plus revocation of permit and termination of lease contract. Section 19. Temporary Closure and Monitoring of Violation. - A temporary closure of stall or business shall be summarily made upon non-payment of fines on any and all violations committed, upon due investigation and hearing conducted by the Market Administrator. In case of the revocation of permit or termination of lease, the hearing shall be investigated and heard by the Board. For the effective monitoring, the Market Administrator shall always keep an updated vendor’s conduct record where all violations will be recorded for ready reference. Section 20. Wearing of Uniforms and Identification Cards – All market personnel shall wear uniforms and identification cards. Section 21. Special Provision –This market rules and regulations shall be suppletory only to laws, rules, and regulations, ordinances, resolutions and memorandum, which govern the operation of public market. TITLE 5. STALL ADJUDICATION Section 23. Vacancy of Stall/Booth; Adjudication to Applicant. – Vacant market stalls/booth shall be adjudicated to qualified applicant in the following manner: a. Notice of vacancy of vacant stalls shall be made for a period of not less than (10) days immediately preceding the date fixed for their award to qualified applicants. Such notice shall be posted conspicuously on the unoccupied booth stall and the bulletin board of the market. This notice of vacancy shall be written on cardboard, thick paper or any suitable material and shall be in the following form: NOTICE Notice is hereby given that Stall/Booth No. ____ of the Radjah Buayan Public Market is vacant or will be vacated on ________________. Any person, 21 years of age or more who is not legally incapacitated, desiring to lease this Stall/Booth, shall file an application therefore on the prescribed form (copies may be obtained from the Office of the Market Administrator) during office hours and before 12:00 o’clock noon of __________, 20___. In case there are more than one applicant, the award of the vacant Stall/Booth shall be determined thru drawing of lots/bidding to be conducted on ___________ 20___ at ______________________ by the Market Board. This Stall/Booth is located in the _______ section and is intended for the sale of __________. MARKET ADMINISTRATOR b. The application shall be under oath and shall be submitted by applicant or through his or her Attorney in following subscribed form: APPLICATION TO LEASE THE MARKET STALL. The Honorable Mun. Mayor Radjah Buayan Checked Area: ______Grocery/Sari-Sari _____ Barbecue ______Dry Goods _____ Junk Foods ______ Cafeteria _____ Vegetable Spices ______ Beverages _____ Marine Products ______ Local Delicacies _____ Dried Meat/Fish ______ Fruits and Flowers _____ Rice/Corn _____ Agri Supplies ____ Others (Specify) I hereby apply under the following contract for the lease of Stall No.(s) ________ in the market. I am ____ years of age, married/single, a citizen of the Philippines and residing at __________. Should the above-mentioned stall be leased to me in accordance with the market rules and regulations, I promise to hold the same under the following conditions: 1. That while I am occupying or leasing this stall(s); 2. I shall keep the stall(s) at all times in good sanitary condition and comply strictly with all sanitary and market rules and regulations now existing or which may hereafter be promulgated. 3. I shall pay the corresponding rents for the booth(s) or stall(s) in the manner prescribed by existing rules and regulations. 4. The business to be conducted in this stall(s) shall belong exclusively to me and may only sell goods and commodities as authorized per established sectioning as indicated on the above list of my choice. 5. In case I engage helpers, I shall nevertheless and be present at the stall(s) or booth(s), I shall promptly notify the market authorities of my absence, giving my reason or reasons therefore. 6. I shall not sell or transfer my privilege to the stall(s) or booth(s) or otherwise permit another person to conduct business therein. 7. Any violation on my part or on the part of my helpers of the foregoing conditions shall be sufficient cause for the market authorities to cancel the contract. Very respectfully, _____________________ Applicant Date: _____________________ I _______________, do hereby state that I am the person who signed the foregoing application; that I have read the same; and that the contents thereof are true to the best of my own knowledge. __________________ Applicant T.I.N. _____________ (Optional) SUBSCRIBED AND SWORN to before me in the Municipality of Radjah Buayan, Maguindanao, Philippines this ____ day of ________, 20____ applicant affiant exhibiting to me his/her Residence Certificate No. _______ A/B issued on ___________ at _________________ Philippines. _________________ Official Title Section 24. Vacancy of Stall Before Expiration of Lease – Should for any reason, stallholder or lessee discontinue his business before his lease of the stall expires, such shall be considered vacant and its occupancy thereafter shall be adjudicated in the manner herein prescribed. Section 25. Lease Contract Agreement – For every stall awarded, the successful applicant must sign a contract of lease and observe the terms and conditions set forth therein. Documentation shall be at the expense of the lessee. The Contract shall be in the following form: CONTRACT OF LEASE KNOW ALL MEN BY THESE PRESENTS: This CONTRACT OF LEASE made and entered into by and between: The Municipality of Radjah Buayan represented by the Municipal Mayor and in his behalf as Chairman of the Radjah Buayan Market Board hereinafter referred to as LESSOR and __________________________ of legal age, Filipino, single/married/widow resident of _____________________, Philippines hereinafter referred to as the LESSEE; WITNESSETH: The Municipality of Radjah Buayan, Maguindanao is the owner of the Radjah Buayan Public Market. That for and in consideration of the agreement hereinafter stipulated, the herein named LESSOR do hereby lease unto the LESSEE, a space/stall/block at the ____________________ sector. That under Ordinance No. ___________ duly adopted and approved by the Sangguniang Bayan has awarded to him/her by the Radjah Buayan Public Market Board through raffle/bidding conducted for the purpose, subject to the following terms and conditions: 1. That the term of the Lease shall be for one (1) year, or maybe less, from the date of execution to December 31st of the current year renewable at the option of both parties for the same period. 2. That the rental of the space/stall/block shall be ________________PESOS per square meter per day payable every day/weekly/monthly. In case rental is payable every day, said payment shall be made before 5:00 o’clock P.M. If by weekly, payment shall be made every Saturday from 1:00 P.M. to 5:00 o’clock P.M. and subsequent thereto and if on a monthly basis, shall be paid on the 30th of the month following the execution of this contract and thereafter; 3. That the selection of the mode of payment shall be determined by the Radjah Buayan Public Market Board thru the Market Administrator; 4. That all ordinary repair within the premises that may arise in that daily use of the facilities therein shall be for the sole account and expense of the LESSEE without right of reimbursement. 5. Before any repair could be done, the LESSEE has to file an application specifying the area to be repaired which shall be indicated in the permit to repair issued by the Mayor thru the Market Administrator; 6. That the LESSEE shall use the leased premises exclusively for the business applied for and shall have no right to use the same for dwelling purposes, sleeping quarter, “BODEGA’ or storage and the like; 7. That the LESSOR and LESSEE hereby agree and covenant to fully comply with the provisions of Ordinance, laws, duress, rules and regulations affecting the operations of the lessee’s business/or occupancy in the market; 8. That by occupying or leasing said space, the LESSEE shall at all times have his/her business permit; 9. That the LESSEE keep the premises at all times in good sanitary condition and comply strictly with all sanitary market rules and regulations now existing or which may hereinafter be promulgated. Any violation thereof maybe subject to cancellation of the lease contract; 10. That the LESSEE shall notify the LESSOR at least thirty (30) days in advance should the former decides to abandon and/or vacate the leased premises and surrender his/her business at the office of the Market Administrator; 11. That the LESSEE shall personally conduct his/her business and be present personally at the stall. In case of his/her inability or absence, he/she shall promptly notify the Market Administrator by giving his/her reason thereon; 12. That the LESSEE shall pay the corresponding rents and all other fees on time. All overdue account shall be subject to 25% interest plus 2% penalty; 13. That the cost of installation of lighting and water facilities shall be at the expense of the LESSEE to include the monthly lighting and water bills; 14. That the Lessee shall not sell, sublease or transfer his/her right or privilege to occupy the leased premises or permit another person to conduct business therein; Violation hereof shall be fined PhP2,500.00 and confiscation of the subject stall by the LGU; 15. That the lease contract shall be subject to a three (3) months rental deposit which shall be refundable without delay upon surrender and or termination of occupancy which shall answer for any unpaid obligation by the lessee in favor of the lessor. All actions arising from this contract shall be brought and heard by the Radjah Buayan Public Market Board; For adjudication and resolution, any court action shall be filed with the Sangguniang Bayan of Radjah Buayan, Maguindanao. Documentation shall be at the expense of the Lessee. IN WITNESS, WHEREOF, parties have hereunto set their hands this ____ day of _________ 20___ at Radjah Buayan, Maguindanao, Philippines. Municipality of Radjah Buayan Lessor Lessee By: Municipal Mayor CTC No. _____________________ Issued at _____________________ On ______________, 20___ CTC No. _____________________ Issued at _____________________ On ______________, 20___ SIGNED IN THE PRESENCE OF: 1. _____________________________ 2. _____________________________ Republic of the Philippines ) Province of Maguindanao ) S.S. Municipality of Radjah Buayan ) BEFORE ME, Notary Public for and in the Province of Maguindanao, this ____ day of _________ 20___ personally appeared ______________ and ______________________ known to me to be the same person who executed the contract of Lease and acknowledges under oath that the same is their own free and voluntary act and deed. WINTESS MY HAND AND SEAL on the day and place above written. _____________________ Notary Public Section 26. Certificate of Award to Successful Applicant of Vacant Market Stall – To authenticate the results of the adjudication of the vacant stall(s), a certificate of award shall be issued to the successful applicant. The date of the issuance in the certificate of award shall be the basis of determining the start of payment of rental by the successful applicant, notwithstanding when the actual occupancy or start of business operation by stallholder begins. The Certificate of Award shall be issued within 10 days after the drawing of lots/bidding as the case maybe. The Certificate shall be on the following form: Certificate of Award (On vacant stall/booth lease to successful applicant) This Certificate is hereby issued to _________________, a resident of ________________ and a qualified applicant for the lease of stalls no. _________, at the public market by the Radjah Buayan Public Market Board conducted last ___________ 20___ at the Office of the ____________. This stall/booth is located/found in the ___ section and is intended for the sale of ___________. Issued this ____ day of ____________ 20___ Radjah Buayan, Maguindanao, Philippines. ____________________ Municipal Mayor Section 27. Stall/Space Vacancy. – A market stall/space is deemed vacant under any of the following condition: a. When it is newly constructed and not yet leased, and awarded to qualified applicant. b. When it is declared vacant by the Board by reason of abandonment of the Lessees, and violations by the Lessee of any of the terms and conditions of the contract of lease, policies, rules and regulations promulgated for their observance. c. Death of the Lessee d. Voluntary surrender by the Lessee e. Physical incapacity of the Lessee to personally administer the stalls. Section 28. Effect of Death of Lessee/stallholder – Upon the death of the holder of stall/Lessee, the contract of lease covering the stall shall be deemed terminated. However, the surviving spouse, direct heirs and/or estate of the deceased who desire to continue to the lease and business of the deceased may apply and the lease maybe then transferred to the qualified legal heir applicant; provided that the Board be notified within 30 days after the death of the Lessee/Stallholder and upon payment of all necessary rents or fees due at the time of death of the original Lessee by the legal heir applicant. Section 29. Idle or Inactive Stalls. –Any stall/space that shall be idle for 1 month or 30 consecutive days for whatever reason shall be declared abandoned or vacant and shall be subject to bidding and be awarded to the qualified bidder upon payment of accrued rental dues and other fees; Section 30. Losses of Stallholders. – The Municipality shall not be responsible for any loss or damage, which stallholders may incur in the municipal market, by reason of fire, theft or robbery or force majeure. It shall be the duty of the Market Administrator to exercise utmost vigilance and care to prevent any loss in the municipal market. For this purpose, the Market Administrator shall have authority to apprehend and turn-over to the Police any person caught stealing or committing any offense in the public market and file appropriate legal action/complaint for the prosecution of the offender. Section 31. Extension of Stall Spaces. – There shall be no extension of stall spaces other than those already covered by plans previously approved by the Board. However, areas utilized as extension for the display of the stallholders’ goods that do not obstruct the flow of traffic or the passage of the buying public may be allowed, provided that stallholder be charged double the rates based on a per square meter daily rate basis imposed on the area concerned in addition to the monthly rentals already imposed on the stalls where the extension was made. Extensions that obstruct the free passage of the buying public shall be removed summarily. The market administrator must see to it that appropriate boundary markings shall be made to monitor and effectively implement the extension of stall charging. TITLE 6. COLLECTION, ASSESSMENT AND PAYMENT OF STALL RENTALS AND MARKET FEES Section 32. Direct and Immediate Supervision on Collections. – The Market Administrator shall exercise direct and immediate supervision, administration and control over the collection of all market fees as authorized by this approved ordinance or code. Section 33. Manner of Payment and Assessment of Rental Dues. – Rental dues shall be assessed in a daily basis regardless of the manner and term of payment. The Stallholder may pay their rent obligation on a daily, weekly or monthly basis at the option of the lessor. Section 34. Imposition of Penalty and Interest. - Overdue or delinquent account on market stall rentals are hereby imposed a 25% penalty plus 2% monthly interest. TITLE 7. INCENTIVE Section 35. Stall occupants acquiring stalls through the open public bidding who for one valid reason or another cease to operate his/her business shall surrender his/her stall to the LGU and upon presentation of documents, qualifies him/her to a REFUND of the portion of his winning bid price as herein provided. However, said refund shall be paid out of the proceeds of the rebidding of the same stall being surrendered. Section 36. The Refund Scheme. The refund shall be on the following scheme: Number of Year/s in operation Percentage Refund 1 80%- Business operators/stallholders who have availed of the refund incentive shall not be allowed to participate in any bidding for the occupancy of market stalls. Section 40. Other Provisions a. Occupancy of stall shall strictly observe market rules and regulations specially payment of previous delinquency/ies otherwise, his/her privilege over the stall shall be forfeited and a penalty is imposed upon them. b. Awarding of stalls to dislocated occupants of the burnt public market is limited only to one stall per awardee. Should he/she wish to acquire one more space/stall he/she may participate in the open bid and abide with the pertinent rules and regulations. TITLE 7. MEAT FOR PUBLIC CONSUMPTION AND REGULATION THEREOF. Section 41. Food Borne Animals. – These are group of animals (livestock and poultry products) generally accepted for use as human food. Such animals include and are limited to the following: a. Cattle; b. Carabao/Buffalo; c. d) Goat/Sheep/Deer; d. products such as Chicken, Turkey, Geese, Guinea, Fowl, Ducks and Quail Section 42. Non-Food Animals. – The following are not generally accepted and recognized by law as human food and their sale prohibited: a) Dogs; b) Cats; c) Monkeys; d) Crocodiles/lizards; e) Hogs/Swine/Pig and f) Rats/Bats/Snakes Section 43. Confiscation and Disposition of Hot Meat and/or Illegally Slaughtered Food Animals/Non-Food Animals. – Any and all hot meat or illegally slaughtered food/non-food animals sold and distributed within the territorial jurisdiction of Radjah Buayan, Maguindanao shall be confiscated and forfeited in favor or the Municipal Government which shall in appropriate cases, be used as evidence in prosecuting any violation of this ordinance. Any hot meat or illegally slaughtered food animals found to be fit for human consumption by the Market Board shall be, at the discretion of the Municipality, be sold for public consumption or donated to institutions such as schools and alike. Unfit meat and products and other non-food animals shall be condemned /disposed by the Municipal Market Board. A certificate of acknowledgement from these institutions who accepted donated meat shall be submitted by Market Administrator to the Municipal Mayor’s Office. Owner of the confiscated meat shall be furnished of this certificate. TITLE 8. GENERAL AND ADMINISTRATIVE PROVISIONS Collection and Accounting of Municipal Revenues Section 45. Tax period and manner of payment – Unless otherwise provided in this Code, the tax period of all taxes, fees and charges shall be the calendar year. Section 46. Accrual of tax. – Unless otherwise provided in this Code, all taxes, fees or charges shall accrue on the first (1) day of January of each year. However, new taxes, fees or charges, or changes in the rate thereof, shall accrue on the first (1) day of the quarter next following the effectivity of the ordinance imposing such new levies or rates. Section 47. Time of payment. Unless otherwise provided in this Code, all taxes, fees and charges shall be paid within the first twenty (20) days of January or each subsequent quarter as the case may be. The Sangguniang Bayan may, for justifiable, reason or cause, extend the time of payment of such taxes, fees or charges without surcharges or penalties, but only for a period not exceeding six (6) months. Section 48. Surcharges and penalties in unpaid taxes, fees or charges and discount. – A surcharge of twenty-five percent (25%) of the amount of taxes, fees or charges not paid on time and an interest at the rate of two (2) percent per month of the unpaid taxes, fees or charges including surcharges, until such amount is fully paid but in no case, shall the total interest on the amount or portion thereof exceed thirty-six (36) months. Any payment of dues made in advance, i.e. within 20 days before due date, shall be entitled to a 25% discount. Section 49. Interest on unpaid revenues.- Where the amount of any other revenue due to the municipality 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 of two (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. Civil Remedies for Collection of Revenues Section 50. Municipal Government’s lien. –Municipal taxes, fees, charges and other revenue 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 the lien but also upon property used in business, occupation, practice of profession or calling, or exercise of privilege with respect to which the liens is imposed. The lien may only be extinguished upon full payment of the delinquent taxes, fees and charges including related surcharges and interest. GENERAL PENAL PROVISIONS Section 51. Penalty - Any violation to the provisions of this Code not herein otherwise covered by a specific penalty, shall be punishable by a fine of: 1 st violation - P1,000.00 2 nd violation - 1,500.00 3 rd violation - 2,000.00 and revocation of license and permit FINAL PROVISIONS Section 68. Separability Clause - If, for any reason, any provision, section or part of this Code is declared not valid by a court of competent jurisdiction, such judgment shall not affect nor impair the remaining provisions, sections, or parts which shall continue to be enforce and effect. Section 69. Repealing Clause – All ordinances, rules and regulations, or part thereof, in conflict with, or inconsistent with any provisions of this Code are hereby repealed or modified accordingly. Section 70. Effectivity – This Code shall take effect upon approval. ENACTED: FEBRUARY ____, 2017 AFFIRMATIVE: ________________________________ ABDULSAID U. LUMENDA ________________________________ FAISAL J. LUMENDA ________________________________ SYED KAMAL REZA L. AMPATUAN ________________________________ BENJAMIN L. SAMBOLAWAN ________________________________ ALVIN M. DAGANDAL ________________________________ BAI NENITA S. MAKALAY ________________________________ ZENWAIN D. LUMENDA ________________________________ NASSER M. SABDULLAH ________________________________ DATU YACOB L. AMPATUAN NEGATIVE: NONE CERTIFIED CORRECT: TONG A. CABO SB-Secretary ATTESTED: HON. JONATHAN P. LUMENDA Presiding Officer/Municipal Vice-mayor APPROVED DATE: APPROVED BY: ENGR. ZAMZAMIN L. AMPATUAN, CESO I Municipal Mayor