MUNICIPALITY OF CURRIMAOimaginelaw.ph/wp-content/uploads/2017/07/Currimao-Ilocos-Norte... ·...

50
Republic of the Philippines Province of Ilocos Norte MUNICIPALITY OF CURRIMAO OFFICE OF THE SANGGUNIANG BAYAN 1 EXCERPTS FROM THE MINUTES OF THE REGULAR SESSION OF THE SANGGUNIANG BAYAN OF CURRIMAO, ILOCOS NORTE, HELD ON THE 25 th DAY OF JULY, 2011 AT 8:30 IN THE MORNING HELD AT THE MUNICIPAL SESSION HALL. Present: HON. ROSARIO C. GO Vice Mayor/Presiding Officer HON. RICARDO S. PASCUA SB Member HON. CESAR M. GALZOTE SB Member HON. DEIRDRE S. RAGONJAN SB Member HON. JOSELITO D. RAGONJAN SB Member HON. BERNARDO Y. FERNANDO SB Member HON. RICHARD M. RACUYA SB Member HON. JAIME L. FLORES SB Member HON. LORETO P. VIDAD SB Member HON. DEMETRIO QUITORIANO ABC President HON. RALPH RENZ PAMBID PPSK Absent: None Municipal Ordinance No. 2011-02 AN ORDINANCE ENACTING THE CODE OF GENERAL ORDINANCES OF CURRIMAO, ILOCOS NORTE ______________________________________________________________________ BE IT ENACTED BY THE SANGGUNIANG BAYAN OF CURRIMAO, ILOCOS NORTE IN A SESSION ASSEMBLED THAT: CHAPTER I GENERAL PROVISIONS ARTICLE A. Short Title and Scope Section 1A.01. Title. This Ordinance shall be known as the Code of General Ordinances of Currimao, Ilocos Norte. Section 1A.02. Scope. The scope of this ordinance includes all general and special ordinances enacted over the years by the Municipality of Currimao, Ilocos Norte. Section 1A.03. Form and Style. The provisions of this Code preserved the original text and form in which they were originally enacted, while others have been rewritten in the process of consolidation or for clarity and style. ARTICLE B. Rules of Construction Section 1B.01. Words and Phrases. Words and phrases embodied in the code not herein specifically defined shall have the same meaning as found in legal dictionaries as well as in existing laws. Section 1B.02. Construction of Codal Provisions. In constructing the provisions of this Code, the following rules of construction shall be observed unless

Transcript of MUNICIPALITY OF CURRIMAOimaginelaw.ph/wp-content/uploads/2017/07/Currimao-Ilocos-Norte... ·...

Republic of the Philippines Province of Ilocos Norte

MUNICIPALITY OF CURRIMAO

OFFICE OF THE SANGGUNIANG BAYAN

1

EXCERPTS FROM THE MINUTES OF THE REGULAR SESSION OF THE SANGGUNIANG BAYAN OF CURRIMAO, ILOCOS NORTE, HELD ON THE 25th DAY OF JULY, 2011 AT 8:30 IN THE MORNING HELD AT THE MUNICIPAL SESSION HALL.

Present: HON. ROSARIO C. GO Vice Mayor/Presiding Officer HON. RICARDO S. PASCUA SB Member HON. CESAR M. GALZOTE SB Member HON. DEIRDRE S. RAGONJAN SB Member HON. JOSELITO D. RAGONJAN SB Member HON. BERNARDO Y. FERNANDO SB Member HON. RICHARD M. RACUYA SB Member HON. JAIME L. FLORES SB Member HON. LORETO P. VIDAD SB Member HON. DEMETRIO QUITORIANO ABC President HON. RALPH RENZ PAMBID PPSK Absent: None

Municipal Ordinance No. 2011-02

AN ORDINANCE ENACTING THE CODE OF GENERAL ORDINANCES OF

CURRIMAO, ILOCOS NORTE ______________________________________________________________________

BE IT ENACTED BY THE SANGGUNIANG BAYAN OF CURRIMAO, ILOCOS NORTE IN A SESSION ASSEMBLED THAT:

CHAPTER I GENERAL PROVISIONS

ARTICLE A. Short Title and Scope

Section 1A.01. Title. This Ordinance shall be known as the “Code of General Ordinances of Currimao, Ilocos Norte. Section 1A.02. Scope. The scope of this ordinance includes all general and special ordinances enacted over the years by the Municipality of Currimao, Ilocos Norte. Section 1A.03. Form and Style. The provisions of this Code preserved the original text and form in which they were originally enacted, while others have been rewritten in the process of consolidation or for clarity and style.

ARTICLE B. Rules of Construction Section 1B.01. Words and Phrases. Words and phrases embodied in the code not herein specifically defined shall have the same meaning as found in legal dictionaries as well as in existing laws. Section 1B.02. Construction of Codal Provisions. In constructing the provisions of this Code, the following rules of construction shall be observed unless

Republic of the Philippines Province of Ilocos Norte

MUNICIPALITY OF CURRIMAO

OFFICE OF THE SANGGUNIANG BAYAN

2

inconsistent with the manifest intent of the Code or, when applied, would lead to absurd or highly improbable results.

a.) General Rule. All words and phrases shall be construed and understood according to the common approved usage of the language. Technical words and phrases and such other words 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 Numbers. Every word in this Code importing the masculine

gender shall extend to both male and female. Every word importing the singular number shall extend to one person or thing, but it could also apply to several persons or things, and every word importing the plural number shall apply to several persons or things but it could also extend to one person or thing.

c.) Person. The word person shall extend and apply to natural or juridical

persons such as firms, partnerships, corporations, enterprises, cooperatives or associations, unless plainly inapplicable.

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. When the last day falls on a Sunday or holiday, the same shall be considered the last day.

e.) Tenses. The use of any verb in the present tense shall include future cases.

The use of the word “shall” in this Code means it is mandatory, while the word “may” shall mean permissive. The words “shall have been” shall include past and future case.;

f.) Conflicting Provisions of Chapters. If the provisions of the different

chapters conflict with or contravene each other, the provisions within each chapter shall prevail as to all specific matter and questions involved therein;

g.) Conflicting Provisions of Section. If the provisions of different sections in

the same chapter conflict with each other, the provisions of the section which is last in the ordinal sequence, shall prevail;

Section 1B.03 Amendments and Integration of Additional Provisions. Any amendment on this code may be conducted to the chapter, article or section concerned. All ordinances or provisions thereof enacted subsequent to the date of effectivity of this Code shall be complied with in such a way as to bear the corresponding chapter, article or section to which such ordinance or provision pertains. Such new provisions shall be integrated into the corresponding chapter, article or section whenever a new printing or reproduction of this code is undertaken upon authorization of the Sangguniang Bayan.

Section 1B.04. Existing Rights. No right, accrued, action or proceeding which

is before the effectivity of this Code shall be adversely affected by any provisions thereof.

Section 1B.05. Reference to Code. Whenever reference is made to any portion

of this Code, such reference shall apply to all amendments and additions now or may hereafter be introduced.

Republic of the Philippines Province of Ilocos Norte

MUNICIPALITY OF CURRIMAO

OFFICE OF THE SANGGUNIANG BAYAN

3

Section 1B.06. Relation to Prior Ordinances. The provisions of this Code which are substantially the same as that of previous or existing ordinance particularly when dealing with the same subject matter shall be construed as “restatement” and not as a new enactment.

ARTICLE C. Definitions Section 1C.01. Meaning of Technical Terms. As used in this Code, the term: Amusement Places -include theaters, cinemas, concert halls, circuses and

other places of amusement where one seeks admission to entertain himself by seeing or viewing the show or performance. They include those places where one seeks admission to entertain himself by direct participation;

Business -means a commercial activity customarily engaged in as a means of

livelihood and typically involving some independence of judgment and power of decision; Calling -means one’s regular business, trade, profession, vocation or

employment which does not require the passing of an appropriate government board or bar examinations, such as professional actors and actresses, masseurs, commercial stewards and stewardesses and the like;

Capital -signifies the actual estate whether in money or property owned by an

individual or corporation; it is a fund with which it transacts its business, which would be liable to each creditor, and which in case of insolvency passes on to a receiver;

Capital Investment -is the capital which a person puts in any undertaking or

which he contributes to the common stock of a partnership, corporation, or any other juridical entity or association;

Charges -refers to pecuniary liability, as rents or fees against property, persons

or organizations; Corporation – includes a joint-stock company, partnership, association,

insurance company, or any other juridical entity, no matter how created; Excessive -means that which is characterized by whatever is notably greater

than what is moderate, reasonable, proper, usual, necessary and just; Fee -means a charge fixed by law or agency for the services of a public officer; Levy -means an imposition or collection of an assessment, tax, tribute or fine; License or Permit -is a right or permission granted in accordance with law by a

competent authority to engage in some business or occupation or to engage in some transactions;

Market Premises -refers to any open space in the public market compound; part

of the market lot consisting of bare ground not covered by market buildings usually occupied by transient vendors specially during market days;

Market Stalls -refers to any allotted space or booth in the public market buildings

where merchandise of any kind is sold or offered for sale;

Republic of the Philippines Province of Ilocos Norte

MUNICIPALITY OF CURRIMAO

OFFICE OF THE SANGGUNIANG BAYAN

4

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 government needs;

Occupation -means one’s regular business or employment, or an activity which

principally takes up one’s time, thought and energies. It includes any calling, business, trade, profession or vocation;

Operator -includes the owner, manager, administrator, or any other person who

operates or is responsible for the operation of business establishments or undertakings; Person -means every physical or moral, real or juridical and legal being,

susceptible of rights and obligations or of being the subject of legal relations; Privilege -means a right or immunity granted as a peculiar benefit, advantage or

favor; Profession -means a calling which requires the passing of an appropriate

government board or bar examination, such as the practice of law, medicine, public accountancy, engineering and the like;

Residents -refer to natural persons who have their habitual residence in the

municipality where they exercise their civil rights and fulfill their civil obligations and to juridical persons for which the law or any other provisions creating or recognizing them fixes their residence in the municipality. In the absence of such law, juridical persons are residents of the municipality where their legal representation is established or where they exercise their principal functions;

Revenue -includes taxes, fees and charges that a state or its political subdivision

collects and receives into the treasury for public purposes; Services – refers to 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;

Night Club or Day Club -includes places frequented at night or daytime, as the

case may be, where foods, wines and drinks are served and music is furnished by the operator and the patrons are allowed to dance with their own partners or with entertainers furnished by the management;

Cabaret or Dance Hall -includes any place or establishments where dancing is

permitted to the public in consideration of any admission, entrance or any other fee paid on, before or after the dancing, and where professional entertainers or dancers are employed;

Bars -include beer gardens or any place where intoxicating and fermented

liquors or malts are sold, disposed of, or given away for compensation, even without foods, where the services of entertainers and/or waitresses are employed and where customers are entertained by occasional dancing to music not rendered by a regular dance orchestra or musicians hired for the purpose, otherwise the place shall be considered and classified as a dance hall or night club. A “cocktail lounge” is considered a “bar” even if there is no hostess or waitress to entertain customers.

Republic of the Philippines Province of Ilocos Norte

MUNICIPALITY OF CURRIMAO

OFFICE OF THE SANGGUNIANG BAYAN

5

CHAPTER II LEGISLATIVE RULES AND PROCEDURES

ARTICLE A. Session of the Sanggunian

Section 2A.01. Legislative Body. The legislative body of this local government

unit shall be known and called as “Sangguniang Bayan of Currimao, Ilocos Norte”. Section 2A.02. Inaugural Session. In his capacity as the Presiding Officer of

the Sangguniang Bayan, it shall be the duty of the newly elected Vice Mayor to call for an inaugural session of the said body within five (5) days after assumption to office of its members.

Section 2A.03. Adoption or Revision of Internal Rules of Procedure. During

the inaugural session of the Sanggunian it shall, by resolution, fix the day, place and time of its regular sessions. Within (90) days thereafter, it shall formulate, adopt or revise its internal rules of procedure. The rules of procedure which is also known as “Sanggunian Rules” shall embody, among others, the following:

1] The organization of the Sanggunian and the election of its officers as well as

the creation of standing committees which shall include, but shall not be limited to, the committee on appropriations, women and family, human rights, youth and sports development, environmental protection, and cooperatives; the general jurisdiction of each committee; and the election of the chairman and members of each committee.

2] The order and calendar of business for each session; 3] The parliamentary procedures which include the conduct of members during

sessions; 4] The discipline of members for disorderly behavior and absences without

justifiable cause for four (4) consecutive sessions, for which they may be censured, reprimanded, or excluded from the session, suspended for not more than sixty (60) days or expelled: Provided, that the penalty of suspension or expulsion shall require the concurrence of at least two-thirds (2/3) vote of all the Sanggunian members: Provided, further, that a member convicted by final judgment to imprisonment of at least one (1) year from any crime involving moral turpitude shall be automatically expelled from the Sanggunian; and

5] Such other rules as this Sanggunian may adopt. Section 2A.04. Regular Session. The minimum number of regular session of

the Sanggunian Bayan shall be once a week. Section 2A.05. Special Session. When public interest so demands, special

sessions may be called by the Vice Mayor or a majority of the members of the Sanggunian; provided, however, that a written notice to the members shall be served personally or left with a responsible person at the member’s usual place of residence at least twenty-four (24) hours before the Special Session is held. Unless otherwise concurred in by two-thirds (2/3) vote of the members present, there being a quorum, no other matter may be considered at a special session except those stated in the notice.

Section 2A.06. Calling the Session to Order. When the appointed time has

come to start the regular session, the regular Presiding Officer, or in his absence the temporary Presiding Officer elected to temporarily preside therein, shall call the session to order, with or without a quorum. Should there be no quorum after calling the session to order, the majority of the members present, or the Presiding Officer “motu propio”, may perform any of the following:

a) adjourn the session from hour to hour;

Republic of the Philippines Province of Ilocos Norte

MUNICIPALITY OF CURRIMAO

OFFICE OF THE SANGGUNIANG BAYAN

6

b) adjourn the session from day to day; or c) adjourn the session for lack of quorum. Section 2A.07. Open-Door Policy. The sessions of the Sanggunian shall be

open to the public unless a closed-door session is decided or ordered by an affirmative vote of a majority of the members present therein, there being a quorum, in the public interest or for reasons of decency, morality, or security.

Section 2A.08. Quorum. “A majority of all the members of the Sanggunian who

have been elected and qualified shall constitute a quorum to transact official business.” (Sec. 53, RA 7l60 and Art. 106, IRR). Should a question of quorum be raised during a session, the presiding officer may declare a recess until such time as a quorum is constituted, or a majority of the members present may adjourn from day to day and may compel the immediate attendance of any member absent without justifiable cause by designating a member of the Sanggunian, to be assisted by a member of the police force assigned in this place to arrest and present the absent member at the session. If there is still no quorum despite the enforcement of the above-stated remedial action, no business shall be transacted by the Sanggunian. The Presiding Officer, motu propio, or on his own volition or the members; thru a proper motion duly approved, shall then declare the session adjourned for lack of quorum.

Section 2A.09. One-session Per Day Policy. No two (2) sessions, whether

regular or special, may be held in a single day. (Sec. 52-c, RA 7160) Section 2A.10. Tie Vote. The regular Presiding Officer shall vote only to break a

tie. The temporary Presiding Officer taking the place of the regular Presiding Officer in the latter’s absence, shall not vote even in case of a tie but he shall certify within ten (10) days from their passage all ordinances and resolutions enacted or adopted by the Sanggunian which he temporarily presided. (LGC Sec. 49b)

ARTICLE B. Ordinances and Resolutions Section 2B.01. Enactment of Ordinances and Adoption of Resolutions. In

considering legislative measures, the Sanggunian shall observe the following rules: 1] Legislative actions of a general and permanent character shall be enacted in

the form of ordinances while those which are of temporary in character shall be passed in the form of resolutions. Matters relating to proprietary functions and to private concerns shall also be acted upon by resolutions;

2] Proposed ordinances and resolutions shall be in writing and shall contain an

assigned number, a title or caption, an enacting or ordaining clause, and the date of its proposed effectivity. In addition, every proposed ordinance shall be accompanied by a brief explanatory note containing the justification for its approval. It shall be signed by the author or authors and submitted to the Secretary who shall report the same to the Sanggunian at its next session;

3] A resolution shall be enacted in the same manner prescribed for an ordinance,

except that it need not go through a third reading for its final consideration unless decided otherwise by the majority of all the members of the Sanggunian;

4] No ordinance or resolution shall be considered in second reading in any

regular session unless it has been reported out by the proper committee to which it was referred to or it has been certified as urgent by the Mayor;

Republic of the Philippines Province of Ilocos Norte

MUNICIPALITY OF CURRIMAO

OFFICE OF THE SANGGUNIANG BAYAN

7

5] Any legislative matter duly certified by the Mayor as urgent whether or not it is included in the “calendar of business”, may be presented and considered by the body at the same session without the need of suspending the rules;

6] The Secretary to the Sanggunian shall prepare copies of the proposed

ordinance or resolution in the form it was passed on second reading, and shall distribute to each Sanggunian members a copy thereof, except that a measure certified by the Mayor as urgent may be submitted for final voting immediately after it has been subjected to the periods of debate and amendment during the second reading stage;

7] No ordinance or resolution passed by the Sanggunian in a regular session or

special session duly called for the purpose, shall be valid unless approved by a majority of the members present there being a quorum. Any ordinance or resolution authorizing or directing the payment of money or creating liability, shall require the affirmative vote of a majority of all the Sanggunian members for its passage;

8] Upon the passage of all ordinances or resolutions directing the payment of

money or creating liability, the Sanggunian shall record the “yes” and “nays”. Each approved ordinance or resolution shall be stamped with the seal of the Sanggunian and recorded in a book kept for the purpose.

Section 2B.02. Approval of Ordinances. Every ordinance enacted by the

Sanggunian shall be forwarded to the Mayor for approval. If the ordinance is approved by the Mayor, he shall affix his signature on every page thereof and on the last page thereof below the word “Approved”. Within ten (10) days after receipt by the Mayor of the ordinance, he shall return the same to the Sanggunian with either his approval or his veto. If he does not return it within that time, the ordinance shall be deemed approved.

Section 2B.03. Approval of Resolutions. Only those resolutions approving the

local development plans; public investment programs formulated by the Municipal Development Council; resolutions affecting the interest of the Municipal government; and resolutions which the Mayor will be the one to implement shall be forwarded to him for his approval or veto. All other kinds of resolutions containing only a mere expression of the Sanggunian’s sentiments, desires, recommendations, will, position or stand on certain issues and such other resolutions which the Sanggunian itself can implement shall no longer be forwarded to the Mayor for his approval or veto.

ARTICLE C. Veto Power Section 2C.01. Veto Power. The Mayor may veto any ordinance, or certain

resolutions subject to his approval, on the ground that it is ultra vires or it would be prejudicial to the public welfare, particularly stating his reasons thereof in writing. The Mayor has the power to veto any particular item or items of an appropriation ordinance, or of an ordinance or resolution directing the payment of money or creating liability. In such a case, the veto shall not affect the item or items not objected to. The vetoed item or items shall not take effect unless the Sanggunian overrides the veto in the manner provided in the succeeding paragraph; otherwise, the item or items in the appropriation ordinance of the previous year corresponding to those vetoed shall be deemed re-enacted. The Sanggunian may override the veto of the Mayor by two-thirds (2/3) vote of all its members, thereby, making the ordinance or resolution effective even without the approval of the Mayor. The Mayor may veto an ordinance or resolution which is subject to his approval, only once. (Sec. 55-c, RA 7160).

Republic of the Philippines Province of Ilocos Norte

MUNICIPALITY OF CURRIMAO

OFFICE OF THE SANGGUNIANG BAYAN

8

ARTICLE D. Effectivity and Posting of Ordinances and Resolutions Section 2D.01. Effectivity. Unless otherwise stated in the ordinance or

resolution, the same shall take effect after the lapse of ten (10) days from the date of its posting.

Section 2D.02. Posting. A copy of the ordinance enacted or resolutions adopted

by the Sanggunian shall be posted in a bulletin board at the municipal hall and in at least two (2) conspicuous places such as: public market, church or chapel. The Secretary to the Sanggunian shall cause the posting of an ordinance or resolution not later than five (5) days after its approval.

Section 2D.03. Enforcement of Disapproved or Invalidated Ordinance,

Resolution. Any attempt to enforce, promulgate or execute any ordinance, resolution after the disapproval thereof by the Mayor or after it has been invalidated by other authorities concerned, shall be sufficient ground for the suspension or dismissal of the officer making such attempt

CHAPTER III CODE OF CONDUCT AND ETHICAL STANDARDS

FOR LOCAL OFFICIALS AND EMPLOYEES

ARTICLE A. Declaration of Policy Section 3A.01. Policy. It is the policy of the municipal government to promote

high standard of ethics in public service. All local officials and employees shall at all times be accountable to the people and shall discharge their duties with the utmost responsibility, integrity, competence and loyalty; act with patriotism and justice; lead modest lives and uphold public interest over personal interest.

Section 3A.02. Definitions of Terms. As used in this Article, the term: Public Officials -include elective and appointive officials and employees,

permanent or temporary, whether in the career or non-career service, whether or not they receive compensation, regardless of amount;

Gift -refers to a thing or a right disposed of gratuitously, or any act of liberality, in

favor of another who accepts it, and shall include a simulated sale or an ostensibly onerous disposition thereof. It shall not include an unsolicited gift of normal or insignificant value not given in anticipation of, or in exchange for, a favor from a public official or employee;

Receiving Any Gift -includes the act of accepting, directly or indirectly, a gift

from a person other than a member of his family or relative as defined in this Article, even on the occasion of a family celebration or national festivity like Christmas, if the value of the gift is neither nominal nor insignificant, or the gift is given in anticipation of, or in exchange for a favor;

Loan -covers both simple loan and “commodatum” as well as guarantees,

financing arrangements and similar deals; Substantial Stockholders -means any person who owns, directly or indirectly,

shares of stock sufficient to elect a director of a corporation.

Republic of the Philippines Province of Ilocos Norte

MUNICIPALITY OF CURRIMAO

OFFICE OF THE SANGGUNIANG BAYAN

9

Family of Local Officials or Employees -means their spouses and unmarried children of any age;

Person -includes natural and juridical persons unless the context indicates

otherwise; Conflict of Interest -arises when a local official or employee is a member of a

board, an officer, or a substantial stockholder of a private corporation or owner or has a substantial interest in a business, and the interest of such corporation or business, or his rights or duties therein, may be opposed to or affected by the faithful performance of official duty;

Divestment -is the transfer of title or disposal of interest in property by

voluntarily, completely and actually depriving or dispossessing oneself of his right or title to it in favor of a person or persons other than his spouse and relatives as defined herein.

Relatives -refer to any and all persons related to a public official or employee

within the fourth civil degree of consanguinity or affinity, including “bilas”, “inso”, and “balae”.

ARTICLE B. Norms of Conduct of Local Officials and Employees.

Section 3B.01. Standard of Personal Conduct. Every local official and

employee shall observe the following as standards of personal conduct in the discharge and execution of official duties.

1] Commitment to Public Interest. Local officials and employees shall always uphold public interest over and above personal interest. All government resources and powers of their respective offices must be employed and used efficiently, effectively, honestly and economically, particularly to avoid wastage in public funds and revenues;

2] Professionalism. Local officials and employees shall perform and discharge

their duties with the highest degree of excellence, professionalism, intelligence and skill. They shall endeavor to discourage wrong perception of their roles as dispensers or peddlers of undue patronage;

3] Fairness and Sincerity. Local officials and employees shall remain true to the

people at all times. They must be fair and sincere and shall not discriminate against anyone, specially the poor and the underprivileged. They shall at all times respect the rights of others, and shall refrain from doing acts contrary to law, good morals, good customs, public policy, public order, public safety and public interest. They shall not dispense or extend undue favors on account of their offices to their relatives whether by consanguinity or affinity, except with respect to appointments of such relatives to positions considered strictly confidential or as members of their personal staff whose terms are co-terminus with theirs;

4] Political Neutrality. Local officials and employees shall provide service to

everyone without discrimination and regardless of party affiliation or preference; 5] Responsiveness to the Public. Local officials and employees shall extend

prompt, courteous, and adequate service to the public. Unless otherwise provided by law or when required by public interest, public officials and employees shall provide information on their policies and procedures in clear and understandable language, ensure openness of information, public consultations and hearing whenever appropriate, encourage suggestions, simplify and systematize policy, rules and procedures, avoid red

Republic of the Philippines Province of Ilocos Norte

MUNICIPALITY OF CURRIMAO

OFFICE OF THE SANGGUNIANG BAYAN

10

tape and develop an understanding and appreciation of the socio-economic conditions prevailing in the country, especially in the depressed rural and urban areas;

6] Nationalism and Patriotism. Local officials and employees shall at all times be

loyal to the country; 7] Commitment to Democracy. Local officials and employees shall commit

themselves to the democratic way of life and values, maintain the principle of public accountability, and manifest by deeds the supremacy of civilian authority over the military. They shall at all times uphold the Constitution and put loyalty to country above loyalty to persons or party;

8] Simple Living. Local officials and employees and their families shall lead

modest lives appropriate to their positions and income. They shall not indulge in extravagant or ostentatious display of wealth in any form.

ARTCLE C. Duties and Responsibilities of Local Officials and Employees

Section 3C.01. Duties, Responsibilities and Obligations. In the performance of their duties, all public officials and employees are under obligation to:

1] Act Promptly on Letters and Request. All local officials and employees shall

within fifteen (15) working days from receipt thereof, respond to letters telegrams or other means of communications sent by the public. The reply must contain the action taken on the request.

2] Submit Annual Performance Reports. All heads or other responsible officers

of local offices shall, within forty-five (45) working days from the end of the year, render a performance report to the Mayor. Such report shall be open and available to the public within regular office hours.

3] Process Documents and Papers Expeditiously. All official papers and

documents must be processed and completed within a reasonable time from the preparation thereof and must contain, as far as practicable, not more than three (3) signatories, therein. In the absence of duly authorized signatories, the official next-in-rank or officer-in-charge may sign for and in their behalf.

4] Act Immediately on Public’s Personal Transactions. All Local officials and

employees must attend to anyone who wants to avail himself of the services of their offices and must, at all times, act promptly and expeditiously.

5] Make Documents Accessible to the Public. All public documents must be

made accessible to, and readily available for inspection by, the public within reasonable working hours.

ARTICLE D. Ethical Standards

Section 3D.01. Prohibited Acts and Transactions. In addition to acts and omissions of public officials and employees prescribed in the Constitution and existing laws, the following shall constitute prohibited acts and transactions of any local official and employees and are hereby declared to be unlawful:

Republic of the Philippines Province of Ilocos Norte

MUNICIPALITY OF CURRIMAO

OFFICE OF THE SANGGUNIANG BAYAN

11

1] Financial and Material Interest. Local public officials and employees shall not, directly or indirectly, have any financial or material interest in any transaction requiring the approval of their office.

2] Outside Employment and other Activities Related Thereto. Local officials and

employees during their incumbency shall not:

a] Own, control, manage or accept employment as officer, employee, consultant, counsel, broker, agent, trustee or nominee in any private enterprise regulated, supervised or licensed by their office unless expressly allowed by law.

b] Engage in the practice of their profession unless authorized by the

Constitution or law, provided that such practice will not be in conflict or tend to conflict with their official functions;

These prohibitions shall continue to apply for a period of one (1) year after

resignation, retirement, or separation from public office, except in the case of subparagraph (2) (b) above, but the professional concerned can not practice his profession in connection with any matter before the office he used to be with, in which case the one-year prohibition shall likewise apply.

3] Disclosure and/or Misuse of Confidential Information. Local officials and

employees shall not use or divulge confidential or classified information officially known to them by reason of their office and not made available to the public either:

a] To further their private interests, b] To give undue advantage to anyone; or c] To prejudice the public interest.

4] Solicitation or Acceptance of Gifts. Local officials and employees shall not

solicit, or accept, directly or indirectly, any gift, gratuity, favor, entertainment, loan or anything of monetary value from any person in the course of their official duties or in connection with any operation being regulated by, or any transaction which may be affected by the functions of their office.

As to gifts or grants from foreign government, the following are allowed: a] The acceptance by a local official or employee of a gift of nominal value

tendered and received as a souvenir or mark of courtesy; b] The acceptance by a local official or employee of a gift in the nature of a

scholarship or fellowship grant or medical treatment; or c] The acceptance by a local official or employee of travel grants or expenses for

travel taking place entirely outside the Philippines (such as allowances, transportation, food and lodging) or more than the nominal value if such acceptance is appropriate or consistent with the interest of the Philippines, and permitted by the head of office to which he belongs.

ARTICLE E. Transparency in Public Service

Section 3E.01. Statement of Assets, Liabilities and Net Worth; Disclosure of

Business Interests and Financial Connections. All Local officials and employees, except those who serve in an honorary capacity, laborers and casuals or temporary workers, shall file under oath their statement of “Assets, Liabilities and Net Worth” and a

Republic of the Philippines Province of Ilocos Norte

MUNICIPALITY OF CURRIMAO

OFFICE OF THE SANGGUNIANG BAYAN

12

“Disclosure of Business Interests and Financial Connections” and those of their spouses and unmarried children under eighteen (18) years of age living in their households. The two documents shall contain information on the following:

a] Real property, its improvements, acquisition costs, assessed value and current

fair market value; b] Personal property and acquisition cost; c] All other assets such as investments, cash on hand or in banks, stocks, bonds,

and the like; d] Liabilities; and e] All business interests and financial connections. The documents must be filed: a] Within thirty (30) days after assumption of office; b] On or before April 30 of every year thereafter. All public officials and employees required under this Article to file the aforestated

documents shall also execute, within thirty (30) days from the date of assumption of office, the necessary authority in favor of the Ombudsman to obtain from all appropriate government agencies, including the Bureau of Internal Revenue, such documents as may show their assets, liabilities, net worth and also their business interest and financial connections in previous years, including, if possible, the year when they first assumed any office in the Government.

Husband and wife who are both local officials or employees may file the required

statements jointly or separately. The statements of “Assets, Liabilities and Net Worth” and the “Disclosure of Business Interests and Financial Connections” shall be filed;

a] With the Deputy Ombudsman in Region I, for local officials and employees;

and b] With the Civil Service Commission, for all other officials and employees, as

defined in Republic Act No. 3019, as amended. Section 3E.02. Identification and Disclosure of Relatives. It shall be the duty

of every local official or employee to identify and disclose, to the best of his knowledge and information, his relatives in the Government in the form, manner and frequency prescribed by the Civil Service Commission.

Section 3E.03. Accessibility of Documents. 1. Any and all statements filed under this Article shall be made available for

inspection at reasonable hours; 2. Such statements shall be made available for copying or reproduction after ten

(10) working days from the time they are filed as required by existing laws; 3. Any person requesting a copy of a statement shall be required to pay a

reasonable fee to cover the cost of reproduction and mailing of such statement, as well as the cost of certification;

Republic of the Philippines Province of Ilocos Norte

MUNICIPALITY OF CURRIMAO

OFFICE OF THE SANGGUNIANG BAYAN

13

4. Any statement filed under this Article shall be available to the public for a period of ten (10) years after receipt of the statement. After such period, the statement may be destroyed unless needed in an ongoing investigation.

Section 3E.04. Other Prohibited Acts. It shall be unlawful for any person to

obtain or use any statement filed under this Article for: a] any purpose contrary to morals or public policy; or b] any commercial purpose other than by news and c] communications media for dissemination to the general public.

ARTICLE F. Conflict of Interest and Divestment

Section 3F.01. Resignation or Divestment. A local official or employee shall

avoid conflict of interest at all times. When a conflict of interest arises, he shall resign from his position in any private business enterprise within thirty (30) days from his assumption of office and/or divest himself of his shareholdings or interest within sixty (60) days from such assumption. The same rule shall apply where the local official or employee is a partner in a partnership. This requirement of divestment shall not apply to those who serve the government in an honorary capacity nor to laborers and casual or temporary workers.

ARTICLE G. Penalties Section 3G.01. Fines; Suspension or Removal; or Imprisonment. In

prescribing penalties for offenders, the following rules and regulations shall be observed: a] Any local official or employee regardless of whether or not he holds office or

employment in a casual, temporary hold-over, permanent or regular capacity, committing any violation of this Article shall be punished with a fine not exceeding the equivalent of six (6) months salary or suspension not exceeding one (1) year, or removal depending on the gravity of the offense after due notice and hearing by the appropriate body or agency. If the violation is punishable by a heavier penalty under existing law, he shall be prosecuted under that law;

b] Violation of Article D, E, and F, of this Chapter shall be prosecuted and

penalized under the provisions of Republic Act 6713; c] Any violation hereof proven in a proper administrative proceeding shall be

sufficient cause for removal or dismissal of a local official or employee, even if no criminal prosecution is instituted against him;

d] Private individuals who participate in conspiracy as co-principals, accomplices

or accessories, with officials or employees, in violation of this Chapter, shall be subjected to the same penal liabilities as the public officials or employees and shall be tried jointly with them;

Republic of the Philippines Province of Ilocos Norte

MUNICIPALITY OF CURRIMAO

OFFICE OF THE SANGGUNIANG BAYAN

14

CHAPTER IV PUBLIC SAFETY; PEACE AND ORDER

ARTICLE A. Possession of Firecrackers

Section 4A.01 Regulated Acts. No person shall possess and/or sell any

destructive firecrackers irrespective of quantities within the jurisdiction of the municipality.

Section 4A.02. Exemption. During special occasions where the need to use firecrackers becomes necessary, the Mayor may issue a Special Permit for possession and use of such materials, provided that the permitee or user thereof is more than eighteen (18) years of age.

Section 4A.03. Definition. As used in this Article :

“Firecracker” -refers to a paper cylinder, triangle or whatever form enclosing an explosive material used to make noise including what is locally known as “bawang”, “atomic bomb jr”, “triangulo” or similar explosives which are destructive and dangerous to lives and properties.

Section 4A.04. Penalty. Violation of the provisions of this Article shall be punished by a fine of not more than Two Thousand Five Hundred Pesos (P2,500.00) or imprisonment of not more than Six (6) months, or both fine and imprisonment, at the discretion of the Court.

Article B. Wholesale or Retail of Liquors, Wines, and other Distilled Spirits

Section 4B.01. Regulated Acts. No person shall sell, either in wholesale or retail, any kind of liquors, wines and other distilled spirit (other than denatured alcohol) without first securing a permit from the Mayor.

Section 4B.02. Administrative Provisions. Any person desiring to engage in the business of wholesaling or retailing any kind of liquors, wines and/or other distilled spirits (except denatured alcohol) shall file a written application for that purpose with the Office of the Mayor. A permit issued by the Mayor to a permitee or licensee to engage in the business of wholesaling or retailing liquors, wines or other distilled spirits does not carry with it the right or privilege to serve to the customers the aforesaid drinks.

Section 4B.03. Penalty. Any person who violates any provision under this Article shall be punished by a fine of not more than Five Thousand Pesos (P5,000.00) or imprisonment of not more than One (1) year, or both such fine and imprisonment, at the discretion of the Court.

ARTICLE C. Sale of Intoxicating Beverages

Section 4C.01. Regulated Acts. No person shall sell any intoxicating drinks or beverages, other than fermented liquors or beers, to customers in any business establishment unless the said establishment or place is duly licensed as a “Bar” or“Cocktail Lounge”.

Republic of the Philippines Province of Ilocos Norte

MUNICIPALITY OF CURRIMAO

OFFICE OF THE SANGGUNIANG BAYAN

15

Section 4C.02. Administrative Provisions. Any person desiring to establish a place of business to sell and serve customers with intoxicating drinks or beverages shall first secure a permit therefore from the Mayor to operate a “Bar” or Cocktail Lounge”.

Section 4C.03. Rules and Regulations. 1] No “bar” or “cocktail lounge” as defined in this Article shall be established, operated or maintained within a radius of two hundred (200) meters from any religious, educational or public institutions. 2] No operator of a duly licensed “Bar” or “Cocktail” Lounge” shall serve or allow to be served inside his establishment, or parts thereof, any intoxicating drinks or beverages to persons who are below eighteen (18) years old. 3] Violation of this provision shall be a sufficient ground for the revocation of the Mayor’s Permit already issued, if any; or refusal for the renewal of the Mayor’s Permit being applied for, without prejudice to the filing of the appropriate charge before a competent Court.

Section 4C.04. Definition. As used in this Article: Intoxicating Drinks or Beverages -refer to liquors, wines and other distilled

spirits, other than fermented liquors, such as “Beer”, “Tuba” and similar domestic fermented beverages.

Bar -includes beer gardens or place where intoxicating and fermented liquors or

malt are sold, disposed of, given away, or served to customers for compensation, even without foods, where the services of receptionists or waitresses are employed and where customers are entertained by occasional dancing to music

Section 4C.05. Penalty. Any person who violates any provision under this Article shall be punished by a fine of not more than Five Thousand Pesos (P5,000.00) or imprisonment of not more than One (1) year, or both such fine and imprisonment, at the discretion of the Court.

Section 4C.06. Drinking Liquor in Street. The drinking of any intoxicating liquors along the streets and street corners at all hours is hereby prohibited.

Section 4C. 07. Penalty. Anyone found violating this provision when found guilty by proper authority penalized by a fine of FIVE HUNDRED (500.00) Pesos or by an imprisonment or not more than TEN (10) days, or both fine and imprisonment upon the discretion of the court.

ARTICLE D. Holding of Rallies, Demonstrations and Other Assemblies

Section 4D.01. Regulated Acts. No person shall hold, conduct or stage a rally, demonstration, or other similar assemblies for whatever legal purposes without first obtaining a permit from the Mayor and paying the corresponding fee imposed under existing tax ordinances.

Section 4D.02. Administrative Provisions. Any person or group of persons desiring to hold a rally, demonstration or other similar assemblies shall first obtain a permit from the Mayor before undertaking the activity. For the purpose, a written application shall be submitted to the office of the Mayor. The application shall set forth the name and address of the applicant, organizer or sponsor of the activity, description of the activity, the place where the same will be conducted and such other pertinent information or data as may be required. Action by the Mayor on the application shall be

Republic of the Philippines Province of Ilocos Norte

MUNICIPALITY OF CURRIMAO

OFFICE OF THE SANGGUNIANG BAYAN

16

considered as a ministerial duty and he can only deny the granting of the permit sought if the Chief of Police or his authorized deputy will certify that the holding of such activity will pose a clear danger, or there is imminent danger, to public order and safety, or probable destruction to public and private properties. This is without prejudice to the right of the applicant or aggrieved party to seek redress before the proper Court. The police officers assigned to such kind of assemblies shall always observe the principle of maximum tolerance. Before any dispersal operations are conducted, there should first be held a dialogue between the law enforcers and the leader or spokesman of the other side. Should the leader or spokesman of the rallyists or demonstrators refuse to hold a dialogue and his group continues to act in defiance of law and public order, the law enforcers may then assert their authority and perform the necessary legitimate action as warranted by the circumstances. The Mayor, through the local police chief, shall issue the necessary rules and regulations for the proper implementation of this provision.

Section 4D.03. Penalty. Any person who violates any provision under this Article shall be punished by a fine of not more than Five Thousand Pesos (P5,000.00) or imprisonment of not more than One (1) year, or both such fine and imprisonment, at the discretion of the Court.

ARTICLE E. Regulations on the Storing or Sale of

Flammable, Explosive or Highly Combustible Materials

Section 4E.01. Regulated Acts. No Person shall keep, store or sell in his place of business or elsewhere in this municipality any flammable or highly combustible, materials without first securing a permit therefor from the Mayor thru the Chief of the Bureau of Fire Protection and paying the corresponding permit fees imposed under existing tax ordinances.

Section 4E.02. Administrative Provisions. 1] The Chief of the Bureau of Fire Protection or any official designated as such or

his duly authorized representative shall have supervision over the location and manner of storing flammable or highly combustible materials in accordance with promulgated rules and regulations on fire prevention and protection;

2] No permit shall be issued for the storage or sale of gun powder, dynamite, explosive, blasting supplies or ingredients therefor, or gasoline unless there is a prior clearance or authorization, issued by the Chief of the Bureau of Fire Protection or his authorized representative.

Section 4E.03. Applicability Clause. All other matters relating to fire inspection and issuance of permit thereof shall be governed by the pertinent provisions of PD 1185 as amended by RA 9514 (Fire Code of the Philippines) and other existing laws, rules and regulations.

Section 4E.04. Penalty. Any person who violates any provision under this Article shall be punished by a fine of not more than Five Thousand Pesos (P5,000.00) or imprisonment of not more than One (1) year, or both such fine and imprisonment, at the discretion of the Court.

ARTICLE F. Holding of Parades

Section 4F.01. Regulated Acts. No person, natural or juridical, shall hold any

kind of parades including circus, menagerie or torch parade using banners, floats or

Republic of the Philippines Province of Ilocos Norte

MUNICIPALITY OF CURRIMAO

OFFICE OF THE SANGGUNIANG BAYAN

17

musical instruments in this municipality without first securing a permit therefore from the Mayor and paying the corresponding permit fee imposed under existing tax ordinances.

Section 4F.02. Exemption. Civic and military parades, funeral or religious processions are exempted from the provisions of this Article.

Section 4F.03. Administrative Provisions. Any person desiring to hold a parade not exempted under Section 4F.02 hereof shall submit a written application in a prescribed form to the Office of the Mayor not later than two (2) working days before the scheduled date of the activity. Only after the corresponding permit has been issued by the Mayor can the aforesaid activity be undertaken.

Section 4F.04. Penalty. Any person who violates any provision under this Article shall be punished by a fine of not more than Five Thousand Pesos (P5,000.00) or imprisonment of not more than One (1) year, or both such fine and imprisonment, at the discretion of the Court.

ARTICLE G. Possession or Carrying of Deadly Weapons

Section 4G.01. Regulated Act. No person shall posses or carry any kind of

deadly weapons in any part of this municipality except within his residential home, privately-owned real estate, office or place of work.

Section 4G.02. Definition. As used in this Article : “Deadly Weapons” -include firearms of whatever kind, knives of whatever kind,

swords of whatever kind, bolos, spears, and other kinds of bladed, pointed, round or blunt instruments that can cause physical injuries or death when used against another person including “chako”, brass knuckles, and other similar devices.

Section 4G.03. Exemption. Exempted from the provisions of this Article are the following: 1] Military and police personnel who, under existing laws, are allowed to possess and carry firearms provided that they can produce the necessary papers or documents containing such authorization upon demand of the law enforcement officer concerned. 2] Private individuals who were granted a license to possess firearms, provided that they can show or have in their person the proper authorization to also carry firearms outside of their residence. 3) Individuals having fishing and/or farming and related activities.

Section 4G.04. Penalty. Any person who violates any provision under this Article shall be punished by a fine of not more than Five Thousand Pesos (P5,000.00) or imprisonment of not more than One (1) year, or both such fine and imprisonment, at the discretion of the Court.

ARTICLE H. Air Rifle

Section 4H.01. Policy. No person, at anytime is allowed to discharge an air-rifle within the poblacion or in populated places of the rural areas.

Section 4H.02. Penalty. Any person found violating this provision shall, when found guilty by competent authority, shall suffer a penalty of:

Republic of the Philippines Province of Ilocos Norte

MUNICIPALITY OF CURRIMAO

OFFICE OF THE SANGGUNIANG BAYAN

18

a) Fine not exceeding One Thousand Pesos (P1,000.00) or both fine

and imprisonment upon the discretion of the court.

ARTICLE I. Curfew Hour for Minors

Section 4I.01. Curfew Hours. The period of time from ten o’clock in the evening

(10:00 PM) to Five o’clock in the morning (5:00 a.m.) is hereby declared as “curfew hour” for minors.

Section 4I.02. Regulated Acts. No person below fifteen (15) years of age shall stay outside of his residential compound or premises and roam, wander, saunter around or loiter in any public roads, parks, plazas, or any public place in this municipality during the period of curfew hours mentioned in the preceding section, unless otherwise exempted under the provisions of this Article.

Section 4I.03. Definitions. As used in this Article, the term: Curfew Hour -refers to the period of time between ten o’clock in the evening

(10:00 PM) and five o’clock in the morning (5:00 a.m.) when certain individuals who are below fifteen (15) years of age are not allowed to stay outside of their residential compound or premises;

Minors -for purposes of this Article, the term “minors” refer to persons who are

below fifteen (15) years of age; Public Roads -refer to national, provincial, municipal or barangay roads or street,

including alleys or callejons; Public Place -refers to any place to which the public has access including parking

lots; vacant private property not owned by the minors parents or guardians; vacant property owned by the government; and such other places open to the public.

Section 4I.04. Exemptions. This Article shall not apply in the following circumstances:

1] When the minor is being accompanied by his parent, guardian or adult person

in charge of his custody; 2] When the minor is engaged in a lawful pursuit of livelihood or providing

assistance in any lawful activity; 3] When the minor is going to, or coming from, scholastic functions like attending

evening classes, commencement exercises, convocations, educational programs and similar activities;

4] When the minor is on an errand to save life or property like calling for the

services of a physician, midwife, priest, police officers, fireman and other similar circumstances;

5] When the minor is going to, or coming from, any religious, social, civic or

sports programs and similar activities; 6] When the minor is responding to emergency situations during the occurrence

of natural or man-made calamities;

Republic of the Philippines Province of Ilocos Norte

MUNICIPALITY OF CURRIMAO

OFFICE OF THE SANGGUNIANG BAYAN

19

7] When the minor can show proof, or explain to the satisfaction of the apprehending officer, that he has just arrived from travel and is on his way home and similar circumstances;

8] One (1) day before and after Christmas Day; New Year’s Day; Election Day;

and other similar events of public interest;

9] Two (2) days before and after the day of the town or barangay fiesta where the minor resides;

10] When the minor has a “curfew pass” issued by the authorities concerned; 11] On such other dates or occasions when the Sangguniang Bayan decides,

thru an ordinance to suspend the implementation of this Article.

Section 4I.05. Rules and Regulations 1] Whenever a minor is apprehended for alleged violation of this Article, he shall

be placed under temporary protective custody of the police officer on duty at the Police Station but only for the remaining period of curfew hours and shall be released immediately thereafter or sooner thereof upon request of their parents, guardian, or any immediate members of their family. He shall not be placed behind bar or imprisoned unlike a convicted felon;

2] No person, natural or juridical, who has been granted a Mayor’s Permit to operate a business or trade activity shall admit, or allow to stay, in his establishment any minor during the period of curfew except when the minor is employed as helper or working therein, or a member of the family of the operator, manager or person in-charge of such establishment;

3] Additional rules and regulations shall be issued by the Chief, Philippine National Police in this municipality for the proper implementation of this Article;

4] The Mayor or his authorized representative; the Chief of the local PNP or his authorized representative; and the Punong Barangay concerned are hereby authorized to issue the necessary “curfew pass”. Provided, that in the case of the Punong Barangay, the “curfew pass” he issued shall be valid only within his barangay;

Section 4I.06. Penalty. This Article, being intended only for “minors”, carries no penalty clause. However, “minors” who are caught violating the “curfew hour” shall be apprehended and brought to the police headquarters or station not for purposes of detention but only for protective custody until five o’clock in the morning (5 a.m. ).

ARTICLE J. Public Hazard on Electric Power Lines.

Section 4J.01. Declaration of Policy. As a matter of public policy, the branches of trees or other kinds of vegetation which touches, or about to touch, an electric power lines in this municipality are hereby declared as a public hazard.

Section 4J.02. Authority to Cut Branches of Trees. The owner of the trees or other kinds of vegetation mentioned in the preceding Section or the lineman concerned of the electric power company is hereby authorized to cut at least two (2) meters but not more than three (3) meters of its branches measured from the power line.

Republic of the Philippines Province of Ilocos Norte

MUNICIPALITY OF CURRIMAO

OFFICE OF THE SANGGUNIANG BAYAN

20

ARTICLE K. Public Safety During Local Celebrations

Section 4K.01. Declaration of Policy. It is the mandate of the local government

to maintain peace and order “to prevent and suppress lawlessness, disorder, riot, violence” and “to adopt measures to protect the inhabitants of the municipality from the harmful effects of man-made or natural disasters and calamities” (Section 47, RA 7160); Thus, following are the operational guidelines to be observed and complied with during local celebrations, in every stage thereof, so as to equally ensure success of the celebrations as planned and guarantee the protection, preservation and safety of lives and property against accident, and related unwanted and unexpected interventions.

Section 4K.02 Definition of Terms a. LOCAL CELEBRATIONS – are fiestas, festivals, fairs, carnivals,

exhibitions, parades, processions, political rallies, religious rallies, operas, dramas, musical concerts, painting and art exhibits, and related assemblies, excluding parties that are purely family affair or gatherings that are exclusively held in the confine of the residence;

b. AIR-BASED CELEBRATIONS – those held in the atmosphere;

c. INDOOR CELEBRATIONS – those held in buildings or enclosed yard;

d. LAND-BASED CELEBRATIONS – those held in parks, streets, grounds

and similar open areas;

e. WATER-BASED CELEBRATIONS – those held in rivers, the sea, lakes and other bodies of water.

Section 4K.03 Scope. The provisions of this Article, notwithstanding the

presence of other regulatory measures governing them from other agency or office, shall apply to all local celebrations held within the jurisdiction of the municipality sponsored or launched by:

a. Any person or group of persons; b. The Municipality; c. Company or business establishment;

d. Government agency or office, or their attached organizations; e. Non-government organizations;

f. Church and other religious sects or groups, ; g. Schools, h. Barangays

Section 4K.04. Requirements and Procedures.

4K.04.01. Permit. Within three (3) days upon receipt of the letter of request or application, the Municipal Mayor shall, if approved, issue a celebration permit, and if disapproved, denied or refused, a written statement stating thereof the action taken thereon, reason or reasons for the denial or approval of the request or application.

4K.04.02. Validity of Permit. The permit granted shall be valid only for

the specific celebration applied for. 4K.04.03. Revocation or Suspension of Permit. The Municipal Mayor

may revoke or suspend an already issued celebration permit if the terms and conditions are not complied with, or are not observed, or the requirements

Republic of the Philippines Province of Ilocos Norte

MUNICIPALITY OF CURRIMAO

OFFICE OF THE SANGGUNIANG BAYAN

21

prescribed in this Code are not complied with, or motu propio, or upon written complaint of any person or group, and is found out that the part or highlights, or the manner of carrying out the celebration is offensive to the public morals, good customs, contrary to law, public order and public policy, or constitutes a threat to lives and properties, or becomes an extreme nuisance or disturbance.

4K.04.04. Application/Request. Procedure (a) Whenever practicable,

two (2) weeks prior to the fixed date of celebration, the organizer of such local celebration shall file a written request or application with the Office of the Municipal Mayor for the issuance of a celebration permit.

a) Request or application shall attach therewith or accompanied by detailed celebration action plan which indicates the activities during all phases of the celebration;

b) The request shall state the name and address of the applicant organizer, nature and purpose of the celebration, place where and date and time of the event, the number and nature of assistance the organizer deem needed, and such other information the public deem need to know;

c) In the case of the celebration sponsored by the Municipal Government and Barangays, the designated celebration in-charge shall, in lieu of a request, prepare and adopt a detailed celebration action plan to be forwarded to the Municipal Mayor. 4K.04.05. Imposition of Fee. In granting permits for the conduct of local

celebration, there shall be imposed or collected from the applicant-permittee a permit fee as hereunder provided, which is non-reimburseable in case the celebration does not push through, and to be paid to the Municipal Treasurer upon approval of the request or application:

a. if held at daytime = P 250.00

b. if held at nighttime = 350.00 Provided, however, that the payment of the fee herein imposed, shall

exclude the payment of rentals or other charges imposed by other existing ordinance governing the use of any facility or equipment of the municipality.

4K.04.06. Exemption. The fee imposed in the preceding section shall not apply to celebrations sponsored by the Municipal Government of Currimao and the component barangays of the municipality. Provided, that in the latter such celebrations wholly held within the jurisdiction of the said barangay, and in that case, the Punong Barangay shall, in lieu of a permit, notify in writing the Municipal Mayor indicating thereof the information required in Section 4 (b) and (c) hereof.

In the case of schools and churches, the Municipal Mayor, may upon

request of the sponsor-organizer, exempt payment of the fee herein imposed which shall be based on the submitted celebration plan. Section 4K.05. Operating Guidelines and Standards

4K.05.01. Operational Plan. It is the duty of the sponsoring person or

organizer of the celebration to formulate and adopt a celebration action plan

Republic of the Philippines Province of Ilocos Norte

MUNICIPALITY OF CURRIMAO

OFFICE OF THE SANGGUNIANG BAYAN

22

which shall serve as the operational manual or guide of all concerned in every stage of the celebration.

4K.05.02. Content. The plan shall necessarily, and whenever

practicable and appropriate, contain the preparatory activities during the celebration, and post-celebration activities, and such other contingency measures deemed needed.

4K.05.03. Basic Requirements and Standards. Notwithstanding the

presence of a plan to be adopted with specifications and dimensions of the organizer, the following shall be observed, and if applicable and appropriate, be undertaken by the organizer insofar as they are applicable to the nature of the celebration.

PRE-CELEBRATION PHASE

A. On Ground and Road Safety: One (1) week before the actual festivities;

1. major digging and other excavation shall be stopped; 2. road potholes shall be covered and repaired; 3. obstruction along sidewalks and identified routes shall be cleared; 4. areas for itinerant or ambulant vendors and exhibits shall be designated; 5. appropriate traffic management plan shall be adopted, and traffic signs and

other traffic instructional materials shall have been prepared or installed; 6. waste management and disposal scheme shall have been adopted including

installation of waste receptacles; 7. place for buntings, streamers and other promotional materials shall have

been designated.

B. On Safety of Water-based Celebrations; One (1) week before the actual festivities:

1. obstruction in bodies of water to be used shall be cleared; 2. the vessel or watercraft to be used shall have been identified and checked as

to their worthiness, their loading capacities monitored and the monitoring or evaluation results shall be available for inspection;

3. the route or parade shall have been drawn; 4. the assistance of the Philippine Coast Guard, PNP, PNRC and other

accredited lifeguards, as the case may be, have been coordinated.

C. On safety of Air-Based Celebrations: 1. Identification of the area over which the parts of the show will take

place shall be done, and consent of residents shall have confirmed if necessary, and a proof thereof shall be made available if needed.

2. the permission and consent of appropriate agency or office shall have been secured, including the PNP Provincial Director and Local PNP Chief.

D. On Safety of Indoor Celebrations: Five (5) days before the actual celebrations:

1. A copy of the floor plan of the building, hall or room, as the case may

be, which clearly indicates basic instructional marks such as FIRE/EMERGENCY EXITS/RESTROOMS, with the same markings shall be posted before the actual show/presentation shall have been provided.

Republic of the Philippines Province of Ilocos Norte

MUNICIPALITY OF CURRIMAO

OFFICE OF THE SANGGUNIANG BAYAN

23

2. The electrical installation, makeshift connections for lightings and sound system shall have been verified and evaluated by a certified electrician or technician. Provided, however, that if the venue has yet to be constructed by the organizer, installation of the electrical wirings and installation of the stage, towers, floats shall be supervised by the Municipal Engineer.

3. Appropriate traffic management plan shall have been coordinated with the PNP station and Punong Barangay

CELEBRATION PHASE

A. FUNCTIONAL BODIES. During the celebration the functional bodies shall be activated: 1. Medical and First Aid Team

Not farther than 500 meters away from the festival area (except indoor celebrations), there shall be stand-by medical and first aid teams with a minimum composition of a nurse, paramedics and helpers. Ambulance shall always be available

2. Fire Safety and Readiness In addition to the established Bureau of Fire Protection station which is on alert status, a fire truck with appropriate number of fire equipment and personnel complement shall be dispatched not farther than one (1) kilometer away from the celebration site or ground.

3. Suppression of Crimes and Violence Adequate number of law enforcement personnel shall be dispatched on foot patrol not farther than 100 meters away from the site, with stand-by mobility car. 4. Traffic Management and Enforcement

Instructional road signs shall already be installed especially in major affected intersections which are manned by traffic enforcers.

5. Sanitation and Hygiene

Local sanitary Inspectors shall do routine inspection on establishments catering or offering foods and beverages to the public, including provision of functional facilities such as rest rooms, garbage receptacles, etc.

B. REGULATED AND PROHIBITED PRACTICES: 1. Handling and Use of Firecrackers and other Pyrotechnics Display shall be in a designated place which shall not be less than 20 meters away from the program area where any form of firecrackers shall be exploded. In no case shall any type of firecrackers be used during indoor celebrations. The organizer shall designate authorized persons to handle/explode firecrackers who must not be less than 18 years old. 2. Floats, Platforms, Towers, Pagodas

2.1. The organizer shall disclose the loading capacity of the float, stage or tower, vessel or pagoda to be used during fluvial parades, nature of their content or actual occupants therein;

2.2. No combustible substances shall be loaded to vehicles to be used for parades such as firecrackers of any type;

Republic of the Philippines Province of Ilocos Norte

MUNICIPALITY OF CURRIMAO

OFFICE OF THE SANGGUNIANG BAYAN

24

2.3. In case of fluvial parades and aerial shows, the organizer shall ascertain the list of names, addresses and personal particulars of any person boarded in the vessel; provided however, that no person less than 15 or more than 70 years old shall be a passenger of the vessel, unless his presence therein is an integral part of the show.

POST-CELEBRATION PHASE

A. The organizer shall, not later than two (2) days after the

celebration, clean, remove debris and other materials installed or placed in the program site and restore the destroyed equipment or structures whenever necessary and appropriate, and settle all obligations from the municipality;

B. Not later than five (5) days after the celebration, the organizer shall render a written report to the Municipal Mayor, embodying therein his assessment or observations, problems encountered and recommendations.

4K.05.04 Responsible Contact Person. Prior to the start of the actual

festivities, the organizer shall inform the Municipal Mayor or the Chief of Police, the designated representative, if there is any, who shall serve as contact person or coordinator with respect to the implementation, observance and enforcement of the operational plan submitted. Failure on the part of the organizer to submit the name of the said representative shall mean that the signatory of the request for celebration permit is deemed the contact person herein required.

Section 4K.06. PUBLIC SAFETY COMMITTEE

4K.06.01. Creation of Public Safety Committee: Composition. There

is hereby created as Public Safety Committee for local celebrations, hereinafter called as the Committee, which shall be composed of:

Chairman Municipal Mayor Vice-Chairman Chief of Police Member Chairman, Municipal Tourism Council Ex-Officio Member The Representative of the Festival Organizer

4K06.02. Responsibilities

A. Chairman 1. Ensure that the provisions of the Code are effectively disseminated to

and implemented by all concerned; 2. Require the organizer to submit the detailed celebration plan before

the issuance of the celebration permit; 3. Coordinate the activities of all sectors involved in the planning,

preparation and conduct of the local celebration; 4. Call the attention of the Committee, and such any other official or

person, as the need arises, to advise him as to the status of the activities and update or orient him of the appropriate action to be taken thereon.

B. Vice-Chairman 1. Maintain peace and order in the locality and in the program area;

Republic of the Philippines Province of Ilocos Norte

MUNICIPALITY OF CURRIMAO

OFFICE OF THE SANGGUNIANG BAYAN

25

2. Provide protection and ensure safety of persons from criminal elements.

3. Monitor movements of people and deploy officers from criminal elements;

4. Provide other emergency safety measures to cope with any eventuality.

C. Member 1. Whenever possible and appropriate, promote the celebration to

enhance the tourism efforts of the municipality; 2. Monitor all stages of the celebration; 3. Serve as head Secretary of the Committee. D. Ex-Officio Member 1. Ensure that all safety precautions as contained in this Article are

strictly observed in the planning, preparation and actual conduct of the local celebration;

2. Designate his own marshals to guarantee safety or orderliness of the festivities, provided such marshals must coordinate with the PNP. He shall also coordinate closely with the Chairman during all stages of the celebration;

3. Prepare a detailed plan to be submitted to the Chairman and copy furnished to the Chief of Police.

Section 4K.07 FINAL PROVISIONS

4J.07.01. Penalty Provision. Any violation of the condition or requirements set forth in the celebration permit, or the regulated and prohibited practices provided in this Article, the organizer shall pay a fine in the amount of Five Thousand Pesos (Php 5,000.00) or imprisonment of not more than five (5) days, or both, upon the discretion of the Court, without prejudice of civil, criminal and administrative liability.

ARTICLE L - Speed Limit Along School Zones and Public Market

Section 4L.01. Regulated Acts. A speed limit of 20 kilometers per hour is

hereby imposed to all public and private vehicles including public utility buses, mini-buses and passenger jeepneys along the school zones of Dona Josefa Edralin Marcos Elementary School, Maglaoi Elementary School and Pias-Gaang Elementary School and along the Currimao Public Market.

Section 4L.02 Administrative Provision. The Philippine National Police is hereby designated to implement said speed limit and to cause the apprehension of all violators of the provisions of the same;

Section 4L.03. Penalties. A penalty to violators of P500.00 for the first offense, P1,000.00 for the second offense and P2,000.00 for the third offense and so forth.

ARTICLE M. Ban/Prohibition of the Wearing of

Winter Bonnets and/or Masks of any kind.

Section 4M.01. Policy. It shall be unlawful for any person or group of persons of any vocation to wear or use “winter bonnet” and or mask of any kind which covers the

Republic of the Philippines Province of Ilocos Norte

MUNICIPALITY OF CURRIMAO

OFFICE OF THE SANGGUNIANG BAYAN

26

whole face and head any time of the day and in any place which tends to conceal or hide the real identity or personality of the wearer or user.

Section 4M.02 Penalty. Any person or group of persons wearing or using this kind of head and face gear shall be punished by a fine of not more than FIVE HUNDRED PESOS (P500.00), or suffer an imprisonment of not more than seven (7) days, or both upon the discretion of the court.

ARTICLE N. Numbering Tricycles for Proper Identification

Section 4N.01. Policy. All common carriers or tricycle plying the Poblacion to

the different barangays and vice-versa shall carry bold numbers in front and rear sides of the side car for proper identification, such numbers to be luminous even during the night;

Section 4N.02. Penalty. Any common carrier or tricycle which shall be caught

or apprehended violating section 1 shall be fined P1,000.00 for the first offense, P2,000.00 for the Second Offense, P3,000.00 for the Third Offense, the franchise suspended, and the unit shall be impounded by the local PNP after all the fines imposed for the violation committed.

ARTICLE O. Operation of Videoke Machines.

Section 4O.01. Policy - It is the expressed policy of the Municipality of

Currimao, Ilocos Norte to actively participate in the program of the local government to regulate the use of videoke machines in the locality as part of its drive to curb problems of peace and order.

Section 4O.02. Applicability- This Article shall be applicable within the entire

territory and jurisdiction of the Municipality of Currimao, Ilocos Norte and shall be implemented by the Office of the Municipal Mayor or his/her authorized representatives.

Section 4O.03. Provisions. All videoke machine operators/owners within the

municipality shall be required to secure the following:

a. Barangay Clearance from the barangay where the machine is to be installed.

b. Secure approval of at least 60 percent of all neighbors within 50 meters of the establishment where the machine is installed. The signature of every household head or representative of legal age must appear in a letter recommending their consent/assent.

c. Secure Locational Clearance, Mayor’s Permit to Operate, Registry Number of

the machine from the Municipal Treasurer’s Office and Pay for the corresponding fee imposed by the local government. Such Permit and Clearances shall be valid only for one (1) year beginning on the 1st day of January and will end on December 31 of the same year.

d. Such permit maybe suspended/revoked by the duly constituted authorities for the following reasons:

1. Operation beyond the prescribed time of 7 A.M. – 9:00 P.M; 2. Operation beyond the prescribed volume of 40dB;

Republic of the Philippines Province of Ilocos Norte

MUNICIPALITY OF CURRIMAO

OFFICE OF THE SANGGUNIANG BAYAN

27

3. Failure to maintain and control peace and order within the community and incidence of crime and illegal activities such as drug addiction and trade within the establishment as evidenced by a barangay/police report of such incidence.

4. Operation of illegal activities such as prostitution or illegal drug trade

Section O.04. Any business establishment/s which shall violate this Article shall be penalized as follows:

- First Offense P 500.00

- Second Offense 1,000.00 &/or suspension of Mayor’s Business Permit to Operate

- Third Offense 1,500.00 & /or Revocation of Mayor’s Business Permit to Operate

ARTICLE P. Operation of Computer Games.

Section 4P.01. Policy. It is the primary concern of the municipal officials of

Currimao to safeguard the interest of schoolchildren by preventing them from being disturbed of any undue influence in their classroom lectures;

Section 4P.02. Definition of Terms: 1. Computer Shop – duly licensed business establishments that offer

computer-related services such as encoding, printing etc; 2. Computer Games – software animated games that are played in computers;

3. Internet Games – animated games downloaded from the internet. Section P.03. Prohibited Activities – All persons of all ages are not allowed to

play computer/internet games from Monday – Friday from 8:00AM – 5:00 PM. Section P.04. Exemptions – All other computer services such as encoding,

internet research among others are allowed anytime of the day. SectionP.05. Penalties – Any owner of business establishment or students

found to have violated this Article shall be separately liable for a fine of Two thousand Pesos (P 2,000.00) and subsequent closure of the establishment for one time violation. Thirty percent (30%) of the proceeds shall accrue to the Barangay concerned or the place of violation.

CHAPTER V BUSINESS AND TRADE

ARTICLE A. Registration of Weighing Instrument

Section 5A.01. Policy. Any business, vendor or merchant, must register his weighing instrument (kilo) and measuring devises, like ganta and its fractional denomination, like gantilla and others with the Municipal Treasurer, who shall affix a lead seal on said objects.

Republic of the Philippines Province of Ilocos Norte

MUNICIPALITY OF CURRIMAO

OFFICE OF THE SANGGUNIANG BAYAN

28

Section 5A.02. Labeling of instruments and devices. The owner of the object or objects mentioned in section 5A.01 must label said object with his name. Section 5A.03. Sealing of instruments and devices. No object mentioned in Section 5A.01 maybe used without a seal affixed by the Treasurer. Section 5A.04. Penalties. Any violation of this provision shall be penalized with 5A.04.1 A fine of Five Hundred (P500.00) Pesos and/or 5A.04.2 An Imprisonment of Twenty (20) days at the discretion of the

court.

ARTICLE B. Regulations for Dealers of Tobacco and Garlic Section 5B.01. Policy. All dealers of tobacco leaf and garlic must obtain a Business Permit from the Municipality before engaging in the purchase of tobacco leaf and garlic within the jurisdiction of the Municipality of Currimao, Ilocos Norte and must pay a corresponding fee of Two Hundred Fifty (P250.00) Pesos per dealer per season to the Municipal Treasurer. Section 5B.02. Registration of Weighing Devices. All dealers of Tobacco leaf and garlic must register their weighing devises with the Municipality before using the same in the purchase of tobacco leaf and garlic. Section 5B.03. Penalties. Any violation of this provision shall be penalized with: 5B.03.1 A fine of Five Hundred Pesos (P500.00) and/or 5B.03.2 An imprisonment of Fifteen (15) days at the discretion of the

Court.

ARTICLE C. Regulations for Gasoline Station Pumps Section 5C.01 Policy. All Gasoline Station Pumps within the jurisdiction of Currimao Ilocos Norte shall be provided with Municipal Metal Seals and the owner is required to pay Fifty (50.00) Pesos per seal as provided for by Law as per PNOC and the Bureau of Energy Utilization. Section 5C.02 Monthly Inspection and Inspection Fee. A monthly inspection shall be conducted to the Gasoline Stations by a duly designated personnel of the Office of the Municipal Treasurer and the owner shall be required to pay monthly inspection fee of One Hundred (P100.00) pesos. Section 5C.03. Penalties. Any Gasoline Station owner who refuses to comply with the provisions shall be penalized with: 5C.03.1 A fine of Two Thousand (P2,000.00) Pesos and/or 5C.03.2 An imprisonment of Fifteen (15) days at the discretion of the

court.

Republic of the Philippines Province of Ilocos Norte

MUNICIPALITY OF CURRIMAO

OFFICE OF THE SANGGUNIANG BAYAN

29

ARTICLE D. Ban on the Butcher and Sale of Carabao Meat Section 5D.01. Policy. It is hereby prohibited for meat dealers to butcher carabao meat and sale of the same at the Public Market is prohibited as carabao is an endangered species and farmers need them as help in traditional farming.

Section 5D.02 Exception. Carabaos that are injured or unfit for work but are fit for consumption can be butchered and sold provided they secure the proper government clearance, particularly a certification by the Provincial Government Veterinarian or any authorized official.

Section 5D.03. Penalties. Any violation of this provision shall be punished with: 5D.03.1 A fine of Five Hundred (P500.00) Pesos and/or 5D.03.2 An imprisonment of Fifteen (15) days at the discretion of

the Court, and 5D.03.3 The separate prohibition through cancellation of license or permit

to sell any meat or to butcher any animal.

ARTICLE E. On Selling of Meat Butchered from Other Municipalities

Section 5E.01. Butchered from other Municipalities. Selling of meat, whether fresh or cooked at the Public Market butchered from other municipalities is hereby prohibited.

Section 5E.02. Penalties. Any public butcher or meat vendor found violating Section 5F1.01 shall be penalized for the:

1. First Offense – A fine of P500.00 2. Second Offense – A fine of P1,000.00 and confiscation of the meat for

sale, and 3. Third and succeeding Offenses – A fine of P1,500.00 and cancellation

of business permit to sell.

ARTICLE F. Display of Name and Prices of Commodities

5F2.01. Policy. No vendor of fresh and cooked meat shall sell to the public

these commodities unless a cardboard, plywood or the like with size of 14”x15” bearing the name of the vendor and the price or prices of commodities sold is displayed to the public during the duration of selling.

5F2.02. Penalties. Any vendor violating this provision shall be penalized with: 2F2.02.1 A fine of Five Hundred (P500.00) Pesos and/or

2F2.02.2 An imprisonment of Fifteen (15) days at the discretion of the court.

ARTICLE G. Use of Weighing Scale Section 5G.01. Policy. Every vendor shall, at all times, while engaged in selling, fix his kilo or weighing scale at zero and maintain the plate of the kilo at its proper place which is above the kilo or hanging kilos, under the same.

Republic of the Philippines Province of Ilocos Norte

MUNICIPALITY OF CURRIMAO

OFFICE OF THE SANGGUNIANG BAYAN

30

Section 5G.02. Identification of Weighing Scales. Kilos Plates must bear the complete name of the owner which must be indicated therein by paint in not smaller than one (1) inch size per letter and lead or metal seal done by the Office of the Municipal Treasurer. Section 5G.03. Penalties. Any violation of this provision shall be penalized with: 5G.03.1 A fine of Five Hundred (P500.00) Pesos and/or 5G.03.2 An imprisonment of Ten (10) days at the discretion of the court.

ARTICLE H. Calibration of Weighing Scales Section 5H.01. Policy Weighing scales or kilos shall be calibrated in the Office of the Municipal Treasurer and pay the corresponding fee of P120.00 per unit of any type of weighing scale or kilo, whether in 100, 50, 20, 10, or 5 kilograms. Section 5H.02. Penalties. Any violation of this provision shall be penalized with: 5H.02.1 A fine of Five Hundred (P500.00) Pesos and/or 5H.02.2 An imprisonment of Ten (10) days at the discretion of the court.

ARTICLE I. On the Increase of Prices of Meat Section 5I.01. Policy. Any vendor of fresh meat is prohibited to increase the prices of same without prior application to increase in prices and approval of same from the Sangguniang Bayan of this municipality. Section 5I.02. Penalties. Anybody in violation of this provision shall be penalized with: 5I.02.1 A fine of Five Hundred (P500.00) Pesos, and/or 5I.02.2 An imprisonment of Fifteen (15) days at the discretion of the court.

ARTICLE J. Visibility of Clearance for Store/Business Owners Section 5J.01. Policy. Store or Business owners who have obtained their clearance shall frame this clearance and hang in a conspicuous place in the store and business. Section 5J.02. Penalties. Any store or business owner found not complying with this provision when found guilty by competent authority shall be penalized by: 5J.02.1 A fine of Five Hundred Pesos (P500.00) for the first offense, and 5J.02.2 Cancellation of permit for the second offense.

ARTICLE K. Putting Up of Advertisements Section 5K.01. Policy. No person and/or Corporation may put up any advertisement within the Municipal Compound, except at their own place of business or at stores or shops.

Republic of the Philippines Province of Ilocos Norte

MUNICIPALITY OF CURRIMAO

OFFICE OF THE SANGGUNIANG BAYAN

31

Section 5K.02. Exemption. The above provision shall not be applied when such advertisement is made in connection with business promotion or fiesta but this exemption shall not be longer than a period of Fifteen (15) days nor more than twice within the year. Section 5K.03. Other allowable Advertisements. Advertisement other than those allowed under Section 5K.01 and 5K.02 shall be made outside the Municipal Compound. Section 5K.04. Specifications. No advertisement within the Municipal Compound as provided for in Section 5K.01 shall be bigger than two (2) feet in width and five (5) feet in length, provided, however that the advertisements under Section 5k.03 shall be exempted from the provision of this section. Section 5K.05. Mayor’s Permit. Any person putting up any advertisement under Section 5K.03 shall first obtain a Permit from the Mayor before putting up the same. Section 5K.06. Penalties. Any violation of this provision shall be penalized by: 5K.06.1 A fine of Five Hundred (P500.00) Pesos, and/or 5K.06.2 An imprisonment of Ten (10) days, and/or 5K.06.3 Both fine and imprisonment at the discretion of the Court.

ARTICLE L. Collection of Community Tax

Section 5L.01. Policy. The collection of Community Tax shall be levied in

accordance with Section 156 of R.A. No. 7160. The Municipal Treasurer is hereby authorized and directed to undertake said activity. The municipal treasurer shall deputize the barangay treasurer to collect the community tax in their respective jurisdictions. Provided however, that said barangay treasurer shall be bonded in accordance with existing laws. Fifty percent (50%) shall accrue to the general fund of the municipality and Fifty Percent (50%) shall accrue to the barangay where the tax is collected. (Sec 164c)

ARTICLE M. Authority of the Local Government to issue or Grant License and Franchise to Cockpit Operator.

Section 5M.01. Policy. The power to issue license for the establishment,

operation and maintenance of cockpits is hereby conferred to the local government unit thru the Office of the Sangguniang Bayan.

Section 5M.02. Prohibited Acts. Illegal forms of cockfighting such as “tupada”

is strictly prohibited within the municipality

ARTICLE N. Regulation on the Establishment of Commercial Piggeries and Poultries

Section 5N.01. Scope- This provision shall govern the establishment and

operation of commercial piggeries and poultries within the jurisdiction of the Municipality of Currimao, Ilocos Norte. A piggery or poultry is considered commercial when the

Republic of the Philippines Province of Ilocos Norte

MUNICIPALITY OF CURRIMAO

OFFICE OF THE SANGGUNIANG BAYAN

32

number of heads raised is not less than five (5) for piggery and fifty (50) heads for poultry.

Section 5N.02. Permit and Regulatory Fees.

1. Sanitation Permit - A Sanitation Permit shall be required of any person, group of persons, partnership, or corporation issued by the Department of Health or the proper authorities concerned before the establishment and operation of a commercial piggery or poultry project within the jurisdiction of the municipality.

2.. Imposition of Fees. - There shall be collected the following fees from an applicant for the establishment and operation of a commercial piggery/poultry project:

1. Sanitation Permit P 100.00 2. Mayor’s Permit 300.00 3. Business Permit 500.00

3. Time of Payment – The fees imposed in the preceding Section shall be paid

to the Municipal Treasurer or his duly authorized representative upon application of a Mayor’s Permit except the Sanitation Permit Fees which shall be paid before any business can be lawfully begun or pursued, and within the first twenty (20) days of January each year in case of a renewal thereof.

4. Surcharges for Late Payment. – Failure to pay the fees prescribed within the time required shall subject the taxpayer to a surcharge of twenty five percent (25%) of the original tax due.

5. Application for a Mayor’s Permit. – A written application for a Permit to operate the business shall be filed with the office of the Mayor in four (4) copies, indicating the name and address of the applicant, the place where the business shall be conducted, and such other pertinent data as maybe required.

Upon submission of the application, it shall be the duty of the proper authorities (Zoning Officer, Rural Sanitation Inspector, Agriculture Office and Office of the Mayor) to verify if all the other requirements regarding the operation of the business or activity shall have been complied with. The Permit to operate shall be issued only upon such compliance and after the payment of the corresponding fees as required by this Ordinance.

Section 5N.03. Exemptions. –Livelihood piggery and poultry projects of the local government unit shall be exempted from the provisions of this Article, except for the compliance of the Sanitation Permit of the Department of Health.

Section 5N.04. Penalty. – Any violation of the provisions of this Ordinance not herein covered otherwise by a specific penalty, shall be punished by a fine of not exceeding Five Thousand Pesos (P5,000.00), or imprisonment of Three months (3), or both, at the discretion of the court.

ARTICLE O. Operation of Billiard Pools Section 5O.01. LOCATION. No billiard pool shall be established, maintained, and/or operated within a radius of One Hundred (100) Lineal Meters from any public building, school, hospital or church. However, if such place of amusement under this Article is near any school, hospital or church, it shall be constructed sound proof so that

Republic of the Philippines Province of Ilocos Norte

MUNICIPALITY OF CURRIMAO

OFFICE OF THE SANGGUNIANG BAYAN

33

any noise from the establishment shall not disturb those in the school, hospital, or church. If such noise shall cause disturbance, such place of amusement shall not operate during school hours when near a school or at night when near a hospital and provided further, that no operator, owner-manager of such establishment shall allow the entrance into the establishment of persons who are drunk or intoxicated or appears to be so, of persons who carry deadly weapons at any time, persons who are mentally defective and minors (below 18 years of age). Section 5O.02. TIME OF OPERATION. Billiard pool shall be prohibited to operate from 10:00 o’clock at night to 9:00 o’clock in the following morning. This provision shall not apply when there is a tournament being played provided a permit from the Municipal Mayor shall be been obtained. Section 5O.03. LICENSE. It shall be unlawful for any person or group of persons to establish, maintain and/or operate within the jurisdiction of the Municipality any billiard pool without first obtaining a permit from the Municipal Mayor upon recommendation of the Sangguniang Bayan. Section 5O.04. REQUIREMENT. All operators shall be required to post in their billiard establishment notices and/or placards visible in size placing therein – “NOT ALLOWED TO PLAY: MINORS BELOW 18 YEARS; DRUNK OR INTOXICATED PERSONS”. Section 6O.05. PENALTY. Any violation of any of the provisions shall subject the offender with an imprisonment of not more than (6) months or fine of One Thousand Five Hundred Pesos (P1,500.00) but not more than Two Thousand Pesos (P2,000.00) or both at the discretion of the court, and the Municipal Treasurer is authorized subject to the approval of the Municipal Mayor to promulgate rules and regulations in the collection of lines, upon acknowledgement of the violator of his/her guilt.

CHAPTER VI ENVIRONMENTAL MANAGEMENT AND TOURISM

ARTICLE A. Anti-Loitering Along the rock formation located in Bgys. Poblacion 1 Section 6A.01. Policy. Loitering on the beach along the rock formations of Bgy. Poblacion 1 to Bgy. Pangil is strictly prohibited from 7:00 PM TO 5:00 AM. Section 6A.02. Exclusion. Identified fishermen with their fishing gadgets be exempted from this Article.

Section 6A.03. Penalties. Any person or groups of persons who shall violate this Article shall be meted the following penalties: 1ST OFFENSE - Php 500.00/person 2ND OFFENSE - Php 1,500.00/person

3RD OFFENSE - Php 2,500.00/person and/or imprisonment of one day to one month as deemed by a court of law

Section 6A.04. Sharing. For penalties collected, 30% of the proceeds of this

Article shall accrue to the Bgy. concerned.

Republic of the Philippines Province of Ilocos Norte

MUNICIPALITY OF CURRIMAO

OFFICE OF THE SANGGUNIANG BAYAN

34

Section 6A.05. Implementors. The PNP Currimao Municipal Police Station with the assistance of Barangay Chairmen of both affected barangays and their duly designated representatives shall be responsible for the implementation of this Article.

ARTICLE B-Designating the Route/Lane of Sports/Leisure Boats in Gaang Bay

Section6B.01. Policy. The route of the sports/leisure boats (rubber boat, jetski,

and other resorts water crafts) shall be the designated lanes as follows: - One hundred fifty (150) meters wide from the shoreline in front of the Subli-

Subli beach resorts in Barangay Salugan, Currimao, Ilocos Norte, along the reef going seaward;

- One hundred (100) meters wide along and parallel with the shoreline from north (Barangay Salugan) to south (Barangay Pias Sur);

- The water crafts herein identified can only traverse the bay beyond a distance of 700 meters from and perpendicular with the shoreline seaward leaving a space for the fish to stay calm or free from disturbance and for the beach seine to be cast;

Section 6B.02. Penalty. The operator, boat owner, boat in-charge, skipper and

whoever driving the watercraft violating this ordinance shall suffer the penalty of imprisonment of one month and one day to six months or a fine of 2,500.00 or both such imprisonment and fine in the discretion of the court without prejudice to confiscation of the craft in favor of the government in the case of succeeding violations.

ARTICLE C.- Reforestation of Municipal Dumpsite

Section 6C.01. Policy. The local government hereby requires all agencies from

the government and private sectors of the municipality to help in the reforestation of the Municipal Dumpsite.

ARTICLE D- Ban on Hunting and/or Killing of Wild Pigeons (Barog) within the Municipality

Section 6D.01. Policy. No person or group of persons shall be allowed or

permitted to hunt and/or shoot down or kill wild pigeons locally known as “BAROG” within the territorial jurisdiction of this municipality;

Section 6D.02. Penalty. Any person or group of persons who shall violate this ordinance shall, upon conviction, be punished by a fine of not less than FIVE HUNDRED PESOS (P500.00), or suffer an imprisonment of not less than seven (7) days, or both upon the discretion of the Court;

EXPLANATORY NOTE: This migratory species of the wild pigeon

locally known as “Barog” is very rare, and they inhabit the western

shorelines of Brgy. Poblacion 1 up to Brgy. Pangil, including the forested

hills, during the months of May, June, July and August every year.

However, hundreds of them killed by unscrupulous hunters who come

mostly from neighboring towns, and the hunting of this rare bird continues

unabated time will come when they become extinct, hence this BAN to

preserve the species.

Republic of the Philippines Province of Ilocos Norte

MUNICIPALITY OF CURRIMAO

OFFICE OF THE SANGGUNIANG BAYAN

35

ARTICLE E- Ban on Illegal Disposal of Waste and/or Dumping of Garbage

Section 6E.01. Policy. No person or group of persons and/or entity shall dispose of animal or human waste and/or dump garbage along the shorelines, seawall, and other public places within the jurisdiction of the municipality.

Section 6E.02.Penalty. Any person or group of persons and/or entity who shall violate this Article shall be punished by a fine of not less than P500.00 for the first offense, P1,000.00 for the Second Offense, and P1,500.00 for the Third Offense, or shall suffer an imprisonment of not less than fifteen (15) days, or both, upon the discretion of the court.

ARTICLE F- Ban on the Use of Compressor Machines for Fishing

Section 6F.01. Policy. No person shall be allowed to catch, take or gather fish

or fishery aquatic products within the territorial waters of the municipality with the use of a compressor machine of any kind accompanied by the use of poisonous/obnoxious substances.

Section 6F.02. Definition

Compressor Machine – is basically an air producing device and a very important accessory to divers’ longer underwater fishing operation.

Section 6F.03. Penalty. Any person or persons who shall violate this Article shall, upon conviction, be punished by a fine of P3,500.00 or an imprisonment of six months, or both, upon the discretion of the Court.

ARTICLE G- Prohibition on the Collection/Gathering of All Wildlife Flora and Bonzai (nirad) Plants

Section 6G.01Policy. It is hereby prohibited for any person to collect/gather

wildlife flora particularly bonzai plants (locally known as Nirad) and to confiscate paraphernalia along the coastal shores of Poblacion-Pangil Beach Road and within the territorial jurisdiction of this municipality.

Section 6G.02. Definition of Terms

1. Wildlife – shall include all wild flora and fauna either in live, preserved or processed state.

2. Bonzai – are century-old plants that grow on top of rocks, popularly known as “Nirad” along the coastal shores of Poblacion-Pangil Beach Road and within the jurisdiction of the municipality of Currimao.

Section 6G.03. Seized Wildlife. If it is found that the wildlife seized have been

gathered and collected and possessed without authority from DENR, final confiscation shall be effected to be followed by the filing of the complaint and the necessary penalties.

Section 6G,04. Penalty. Any person or group of persons who shall violate this

Ordinance shall be penalized as follows: First Offense P2,000.00

Republic of the Philippines Province of Ilocos Norte

MUNICIPALITY OF CURRIMAO

OFFICE OF THE SANGGUNIANG BAYAN

36

Second Offense 2,500.00 Third Offense 3,000.00 and imprisonment of one (1) month or

both upon the discretion of the court.

CHAPTER VII HEALTH AND SANITATION

ARTICLE A. Keeping of Dogs as Pets or for Business

Section 7A.01. Policy. It is hereby the policy of the municipality to regulate the keeping of dogs either as pet or for business purpose in order to obviate or minimize the recurrence of dog bites in keeping with the paramount importance of promoting and protecting the health of the people to which all efforts of public services are directed to.

Section 7A.02. Definition of Terms. “Dog” shall refer to any dog regardless of its breed, sex, color and age. “Owner” is the person in charge or having control of the dog. Section 7A.03. Applicability and Scope. This Article shall apply to all dogs,

either taken as a pet or for business purposes, within the jurisdiction of the Municipality of Currimao. All dogs shall be confined to their doghouses, chained, or kept inside the backyard. Stray dogs shall be confiscated for impounding to be redeemed by its owner after paying Three Hundred Pesos (Php 300.00). Unclaimed dogs shall be sold as pets to willing buyers and to those who are willing to keep such dogs.

Section 7A.04. Period and Interval of Vaccination. It shall be the duty of the owner to cause the vaccination of his dog with anti-rabies vaccine upon reaching three (3) months-old and every six (6) months interval thereafter which shall be reckoned from the date of last vaccination or within one month after such date of vaccination if the last administered vaccine provides a different duration. For this purpose, the owner shall show proof to the vaccinator as to the last date the dog was vaccinated.

Section 7A.5. Authorized Vaccinator, Vaccination Fee. Whenever

practicable, anti-rabies vaccination for all dogs in the Municipality shall be administered by the vaccinators of the Municipal Agriculture Office upon payment of the vaccination fee as determined by the Local-Anti-rabies Committee.

The vaccination fee shall be paid to the Municipal Treasurer or his authorized

representative who shall issue the official receipt therefore. The official receipt may serve as proof of the date of vaccination from which to base or reckon the next vaccination period as required in Section 7A.09 hereof.

In case the vaccination is administered by any authorized vaccinator other than

from the Municipal Agriculture Office, the owner shall secure a written certification from such vaccinator and submit a copy of the same to the Livestock Inspector; provided, that the certification shall contain the name and address, license number or similar authority of the said vaccinator.

Section 7A.6. Vaccination Schedule : Penalty. The Livestock Inspector shall

devise a vaccination schedule or program of the municipality which could indicate the

Republic of the Philippines Province of Ilocos Norte

MUNICIPALITY OF CURRIMAO

OFFICE OF THE SANGGUNIANG BAYAN

37

due date for vaccination or re-vaccination, as the case maybe, of all dogs in the municipality.

Any unreasonable delay by the owner to cause the vaccination of his dog shall

cause the negligent owner a fine of five hundred pesos (P 500.00) Section 7A.7. Anti-rabies Vaccines. The Municipal Agriculture Officer, upon

recommendation of the Livestock Inspector, shall provide in its office budget regular allocation for the requisition of anti-rabies vaccines, and shall maintain available supply or adequate quantity of such vaccines for every month.

Section 7A.8. Authorized Confiscation of Stray Dogs. Six (6) months from

the effectivity of this Ordinance, the Livestock Inspector, or any person under his supervision is hereby authorized to catch stray dogs in a practical manner or method and immediately impound the same at the established municipal animal pound.

For purposes of this Ordinance, a dog is considered “stray dog” if it is on the

loose, roaming in any street or public places, and the owner is not actually and deliberately looking for it.

Section 7A.9. Inventory of Impounded Stray Dogs. The Livestock Inspector

shall render a daily inventory of all stray dogs caught and impounded and dispose of the same in accordance with this Ordinance, and submit such report regularly to the Municipal Mayor, and certified copy of which shall be posted in a bulletin board at the entrance of the municipal hall.

Section 7A.10. Redemption of Impounded Stray Dogs. Unless there are

other valid reasons for its non-release, the Livestock Inspector shall immediately turn over the dog to the owner upon payment of the computed poundage fee. There from, the municipality is completely released of any obligation over said dog. Notwithstanding the payment of the poundage fee, in no case the dog shall be released to the owner if the dog is not vaccinated.

Section 7A.111. Poundage Fee. The owner of an impounded dog at the

municipal pound shall pay a poundage fee of the rate of one hundred pesos (P100.00) per day or fraction thereof, without prejudice of an increase by the Sangguniang Bayan upon recommendation of the Livestock Inspector.

Section 7A.12. Disposition of Unclaimed Impounded Dog. The Livestock

Inspector is hereby authorized to sell through public auction or negotiated sale to any interested party of any unclaimed dog after ten (10) days it has been impounded: provided, however, that during such ten-day period he had notified the owner of the dog if known by him, or if it is not known, he shall do all the following methods of notification:

a) audibly announce using a sound system, at the public market during an open market day; b) announce or cause to be announced over a public affairs program of a radio

station within Ilocos Norte; and

c) post a notice at the designated posting areas of the municipality for all municipal ordinances and resolutions.

The Livestock Inspector shall keep a record of the buyer and forthwith require the

registration of the dog in accordance with (Article II) Section 7A.04 of this ordinance.

Republic of the Philippines Province of Ilocos Norte

MUNICIPALITY OF CURRIMAO

OFFICE OF THE SANGGUNIANG BAYAN

38

The municipality is not however, disqualified to own and register on its name any unclaimed dog if the sale herein provided fails or no interested buyer.

Section 7A.13. Establishment of a Municipal Animal Pound. Upon the recommendation of the Livestock Inspector, the Municipal Mayor shall establish an animal pound in the municipality.

Section 7A.14. Location and Design. The animal pound shall be situated at a place of at least one hundred meters (100) away from established residential houses, school, church or chapel. Subject to applicable provisions of existing laws, rules or regulations, the animal pound and its component structures shall conveniently accommodate impounded animals in a manner that they do not kill each other.

Section 7A.15. Administration . The Livestock Inspector shall administer the animal pound and is authorized, subject to the approval of the Municipal Mayor, to promulgate policies and procedures in the administration and maintenance of its facilities.

Section 7A.16. Budget. All necessary cost for the administration and

maintenance of the animal pound shall be regularly incorporated in the budget for municipal-owned buildings.

Section 7A.17. Duty of the Owner of Rabid Dogs. It shall be the duty of the

owner to report or surrender, as the case maybe, immediately to the Livestock Inspector or any other appropriate authority any indication that his dog has become rabid dog, or of any untoward, irregular or suspicious behavior of the said dog. It shall also be the duty of the owner to pay the medical expenses of any victim of a rabid dog.

Section 7A.18. Immediate Inspection. Immediately upon receipt of a notice or

report about a rabid dog, or suspected rabid dog, the Livestock Inspector shall get the record of the said dog and conduct an actual examination. He shall advise the owner of what he should do, or if necessary, with the consent of the owner, cause the dog be quarantined for further examination.

Section 7A.19. Duty of the Anti-Rabies Committee. Upon receipt of the

recommendation, report or request of the Livestock Inspector stating that a dog has been found as a rabid dog. The Local anti-rabies Committee shall convene a meeting and decide the appropriate method or mode of disposing the dog, and such other actions deem necessary, subject to the express consent of the owner.

Section 7A.20. Presence of the Provincial Veterinarian. In all instances that

the Local Anti-rabies Committee disposed of the rabid dog by way of shooting, poisoning, drug overdose, or other methods the committee decides, it shall be actually witnessed by the Provincial Veterinarian or his representative.

Section 7A.21. Rabid Dog Advisory. The Livestock Inspector, upon

verification of the existence of rabid dog in any place of the municipality, shall issue a warning, notice or advisory to the barangay officials concerned thereat.

Section 7A.22. Local Anti-Rabies Committee. Composition. There is

hereby created a Local Anti-Rabies Committee of the Municipality of Currimao which is composed of:

Republic of the Philippines Province of Ilocos Norte

MUNICIPALITY OF CURRIMAO

OFFICE OF THE SANGGUNIANG BAYAN

39

Chairman - The Municipal Agriculture Officer Vice-Chairman - Representative of registered Doctor of Veterinary

Medicine practicing in the municipality. Members - The Livestock Inspector

- Representative of the Sangguniang Bayan preferably who is a member of the medical profession or allied course, if there is: if none, the Chairman of the Committee on Health;

- The Municipal Health Officer - The Chief of Police - Representative of Pet shop owners in the municipality

if there is any - Representative of local association of dog raisers, if

there is any.

Section 7A.23. Powers and Duties. The Local anti-rabies Committee shall have the following powers and duties:

a) recommend the rate of poundage fees to the Sangguniang Bayan: b) adopt measures and procedures to prevent, suppress and control

proliferation of rabies among animals, and cause for their dissemination; c) decide appropriate method of disposing of a rabid dog, subject to the

applicable provisions of this ordinance and other related laws, rules and regulations;

d) perform other powers and duties as maybe validly delegated to it by an Ordinance or order.

Article B- Smoking in Public Places

Section 7B.01. Policy- Smoking shall be absolutely prohibited in the following

public places. 1.1 Centers of youth such as playgrounds, preparatory schools, elementary

schools, high schools, colleges and universities, youth hostels, and recreational facilities for persons under eighteen (18) years old shall include, but are not limited to playground;

1.2 Elevators and stairways; 1.3 Locations in which fire hazards are present including gas stations and

storage areas for flammable liquid, gas, explosives or combustible materials;

1.4 Within the building and premises of public and private hospitals, medical,

dental, and optical clinics, health centers, nursing homes, dispensaries and laboratories;

1.5 Public conveyances and public facilities including ship terminals , train

and bus stations, restaurants and conference halls, except for separate smoking areas, and;

Republic of the Philippines Province of Ilocos Norte

MUNICIPALITY OF CURRIMAO

OFFICE OF THE SANGGUNIANG BAYAN

40

1.6 Food preparation areas. Food preparation areas shall include areas

where food or beverage is actually being manufactured or prepared.

Section 7B.02. Smoking Ban in Public Conveyances: Exemption - The absolute ban on smoking in public conveyances referred to in the preceding section shall not apply to inter-island vessels where smoking areas have been designated: Provided, said designated smoking areas conform with the specifications set forth by this article

Section 7B.03. Designation of Smoking and Non-Smoking Areas- In all

enclosed places that are open to the general public, public and private workplaces, and other places not covered by Section 7B,01 of this article where smoking may expose a person other than the smoker to tobacco smoke, the owners, proprietors, operators, possessors, managers or administrators of such places shall establish smoking and non-smoking areas. Such areas may include a designated smoking area within the building, which may be in an open space, or a separate area with proper ventilation but shall not be located within the same room that has been designated as a non-smoking area.

Section 7B.04. Standards for Designated Smoking Area- The owners,

proprietors, operators, possessors, managers or administrators of establishments not covered by Section 7B,01 of this article shall determine the size and specifications of the smoking or non-smoking area. Provided, that the following standards shall be observed;

4.1 The designated smoking area other than in an open space shall be completely enclosed or physically separated from the rest of the premises and equipped with adequate ventilation in conformity with the provisions of Presidential Decree No. 1096 otherwise known as the “National Building Code”, and the Philippine Society of Mechanical Engineers’ Code. 4.2 Separation of the designated smoking area other than in an open space

shall be effected through any of the following means:

4.2 .1 The designated smoking area must be fully separated from smoke-free area by continuous floor-to-ceiling or floor –to-floor solid partitions which are interrupted only by doors equipped with door closers, and which must be constantly closed except when a person is entering or exiting the area; or

4.2.2 The designated smoking area must be set apart, enclosed or confined by means other than those described in Section 4.2.1 above. Provided, that said means shall enable compliance to air quality standards set forth in the National Building Code and the Philippine Society of Mechanical Engineers’ Code. Said standards are reproduced and attached herewith as “Schedule A”, and made an integral part of this Ordinance. Section 7B.05. Signage for Designated Smoking and Non-Smoking Areas -

All designated smoking areas shall have at least one (1) legible and visible sign posted saying “SMOKING AREA”, in English or Filipino, for the information and guidance of all concerned. The sign shall be placed conspicuously at the entrance to the designated smoking area and shall be in accordance with the specifications set forth in Schedule “B” of these Rules. In addition, the sign or notice shall include a warning in English or Filipino about the ill effects of both direct and secondary exposure to tobacco smoke. Said warning may be any of the following:

Republic of the Philippines Province of Ilocos Norte

MUNICIPALITY OF CURRIMAO

OFFICE OF THE SANGGUNIANG BAYAN

41

GOVERNMENT WARNING: CIGARETTE SMOKING IS DANGEROUS TO YOUR HEALTH” (Babala: Ang Paninigarilyo ay Mapanganib Sa Iyong Kalusugan”. GOVERNMENT WARNING: CIGARETTE SMOKING ARE ADDICTIVE (Babala: ang Sigarilyo ay Naka-ka-adik) GOVERNMENT WARNING: TOBACCO SMOKE CAN HARM YOUR CHILDREN (Babala: Ang Usok ng Sigarilyo ay Mapanganib sa mga Bata) GOVERNMENT WARNING: SMOKING KILLS (Babala: Nakamamatay ang Paninigarilyo) Under no circumstances shall any mark, device, or image associated with any

tobacco company or product be included in any of these signs and materials. Non-smoking area shall likewise have at least one (1) legible and visible sign posted saying “NON-SMOKING AREA” or “NO SMOKING”.

Section 7B.06. Penalties, For violation of this article on the first offense, a fine

of not less than Five Hundred Pesos (Php 500.00) but not more than One Thousand Pesos (Php1,000.00) shall be imposed.

On the second offense, a fine of not less than One Thousand Pesos (Php1,000.00) but not more than Five Thousand Pesos (Php 5,000.00) shall be imposed. On the third offense, in addition to a fine of not less than Five Thousand Pesos (Php5,000.00) but not more than Ten Pesos (Php10,000.00), the business permits and licenses to operate shall be cancelled or revoked. Section 7B.07. Administrative and Authority to Institute Action. The

Municipal Engineers’ Office is tasked to inspect and certify the appropriateness of the designated smoking areas provided by service establishments taking into consideration the air quality standards attached herein. To effectively implement this Ordinance, the local chief executive upon the recommendation of the Municipal Engineers’ Office is authorized to institute criminal proceedings against the violators of this article.

ARTICLE C- Selling and Use of Iodized Salt

Section7C.01- Policy. It is the expressed policy of the Sangguniang Bayan of Currimao, Ilocos Norte to actively participate in programs of the national leadership in the elimination of micronutrient malnutrition in the country, particularly the deficiency disorder through prevention of salt iodization.

Section 7C.02. Applicability. This article shall be applicable within the territory and jurisdiction of the Municipality of Currimao, Ilocos Norte and shall be implemented by the Office of the Municipal Mayor or its authorized representatives.

Section 7C.03. Legal Bases. The basis of this article is to ensure health and social services as embodied in Section 17 of the Local Government Code and Republic Act 8172 or the Act for Salt Iodization Nationwide (ASIN) Law.

Section 7C.04. Scope. All salt producers, trade/suppliers and retailers shall sell only iodized salt for human and animal consumption. All commercial food

Republic of the Philippines Province of Ilocos Norte

MUNICIPALITY OF CURRIMAO

OFFICE OF THE SANGGUNIANG BAYAN

42

establishments such as restaurants, canteens, hotels, hospitals, caterers, all other food outlets as well as food manufacturers shall use only iodized salt in food preparation service.

Section 7C.05. Implementation. The Office of the Municipal Mayor thru the Municipal Nutrition Committee shall act as the Salt Iodization Program Implementing Committee. The Committee will be composed of the Municipal Health Officer, as the Committee Chairman, SB Chairman, Committee on Health as Vice Chairman and the Municipal Nutrition Action Officer as Member. They shall a) Formulate guidelines for the effective implementation of this Ordinance b) Conduct periodic monitoring of the quality iodized salt distributed and sold in the market and that being used by food establishments; c) Develop and implement a promotional plan on the use of iodized salt.

Section 7C.06. Funding. There shall be an annual appropriation in the amount of Three Thousand Pesos P3,000.00 from the 20% Development Fund to cover monitoring and promotion of iodized salt.

Section 7C.07. Sanction. Any Manufacturer, Distributor, food outlet, restaurant, and storeowner who violates any provision of this article shall be penalized in the following manner.

First Offense - P200.00 fine and/or Suspension of License Second Offense- 500.00 Fine and/or Suspension to operate for 6

months Third Offense - 1,000.00 and after due notice and hearing, revocation of the License to Operate issued by the Bureau of Food and Drugs.

ARTICLE D- Creation of a PhilHealth Capitation Fund

Section 7D.01.Policy. Promulgation. The municipality shall create a Philhealth Capitation Fund from the proceeds of the outpatient consultation and diagnostic benefit package provided by the Philippine Health Insurance Corporation (PhilHealth) for qualified indigent families of the Municipality of Currimao, Ilocos Norte under the indigent sector component of the NHIP. The use, management and disposition of the PhilHealth Capitation Fund shall be governed by the following rules;

1. The capitation amount shall be released on a quarterly basis by the Corporation under the following rules;

- Initial release shall be subject to prior accreditation of the municipal

owned and managed Rural Health Units and the Payment of premium contribution by the municipality; and

- Succeeding releases of quarterly capitation shall be subject to the submission of required monitoring/evaluation reports, research and program development as provided for under the Implementing Guidelines of the Outpatient Consultation and Diagnostic Package and prior payment of premiums in case of quarterly mode of remittance;

2. The disposition of the PCF shall be governed by the following rules;

The disbursement and liquidation of the PCF shall be in accordance with pertinent government accounting and auditing rules and regulations;

Republic of the Philippines Province of Ilocos Norte

MUNICIPALITY OF CURRIMAO

OFFICE OF THE SANGGUNIANG BAYAN

43

A separate book of accounts shall be maintained by the local government unit; and Only drugs listed in the primary medical care Drugs of the Philippine National Drug Formulary, medical supplies and equipment necessary to carry out the delivery of the required services including referral fees and administrative cost not to exceed twenty percent (20%) of the capitation fund shall be charged to the PCF. The twenty percent administrative cost shall be divided among health personnel of the RHU, fifty percent (50) of which shall accrue to the physician/s while the remaining fifty percent (50%) to the other personnel.

3. The Corporation may withhold the release of the subsequent quarterly PCFs due to any of the following:

- Delay or non-payment of premium contribution;

- Violation of government accounting and auditing rules and regulations on the disbursement and liquidation of the PCF; and

- Non-submission of the required reports under item 1.2 hereof.

Section 7C.02. Memorandum of Agreement. The Sangguniang Bayan of the Municipality of Currimao shall authorize the Municipal Mayor to enter into a Memorandum of Agreement with the Philippine Health Insurance Corporation, represented by the President and CEO, in accordance with the rules set forth under this Article.

ARTICLE D- Raising, Trading and Sale of Poultry and Livestock Products.

Section 7D.01.Policy. It is hereby the policy of the municipality to create a task

force to monitor the trading and sale of live chicken and other poultry products, poultry and livestock raising, fighting cock raising, and other related activities, the place of congregation of migratory birds and further authorize the same to disseminate updates and safety nets for the prevention and awareness of the possible occurrence of avian influenza virus.

Section 7D.02. Objectives. The main objectives of this Article are the following: A) To disseminate updates and safety nets for the prevention and awareness for the possible occurrence of avian Influenza Virus; b) To protect poultry and livestock industry including the flourishing brood cockfight and other related activities;

Section 7D.03. Task Force. The Task Force shall be composed of the

following:

Chairman - Mayor Vice-Chairman- Vice Mayor Members - Sangguniang Bayan Chairman, Committee on Health

- Sangguniang Bayan Chairman, Committee on Agriculture

- Municipal Agriculture Officer - Provincial Veterinarian or duly authorized representative - CENRO or duly authorized representative

Republic of the Philippines Province of Ilocos Norte

MUNICIPALITY OF CURRIMAO

OFFICE OF THE SANGGUNIANG BAYAN

44

- Chief of Police, PNP Currimao - One representative each of the registered Poultry &

Livestock raisers, Fighting Cock Raisers of Currimao, Ilocos Norte

- Liga President, Currimao Chapter - SK Federation President - Health Related NGOs

Section 7D.04. Authority/Duties and Functions. The Task Force created

shall be authorized to perform the following duties and functions:

1. Conduct information dissemination relative to the updates and safety nets for the prevention and awareness to the possible entry of avian influenza virus:

2. Make listing of all poultry and livestock establishments and monitor its

vaccination programs, report on disease profile and other available data or information inimical to health, and report the same to the Provincial Government for consolidation, referral and analysis;

3. Monitor the place of congregation of migratory birds and further prohibit the

catching, getting near or keep in captivity, sale and consumption of the same;

4. Monitor the entry points open to vehicle and prohibit entry of any bird species without certification from the Department of Health or the Department of Agriculture or the Provincial Veterinarian stating the same that such poultry/bird species are safe and not contaminated with the said virus;

5. Collect blood samples of domesticated bird species for diagnostic laboratory

examination to nearby places where migratory birds congregate;

6. Perform such other duties promulgated by higher authorities necessary to prevent the occurrence of the avian influenza virus.

Section 7D.05. Appropriations. There is hereby appropriated the amount of

Ten thousand Pesos (P10,000.00) which shall be set aside from the Disaster Risk Reduction Management Fund of the municipality for the effective dissemination and information campaign and other related activities relative to the prevention or occurrence of the avian Influenza Virus.

ARTICLE E. Regulations on Selling of Cooked Foods

Section 7E.01. Requirements. Any person selling cooked foods to the public is hereby required:

1. To use covered or screened container to such cooked food, and 2. To use an instrument other than their bare hands in handling such

cooked foods to buyers.

Section 7E.02. Penalty. Any person not complying with the provisions of Section 7E.01 shall be penalized by:

1. A fine of Five Hundred Pesos (Php 500.00) for the First Offense; 2. One Thousand Pesos (Php 1,000.00) for the second offense, and

Republic of the Philippines Province of Ilocos Norte

MUNICIPALITY OF CURRIMAO

OFFICE OF THE SANGGUNIANG BAYAN

45

3. Two Thousand Pesos (Php 2,000.00) and cancellation of the permit to operate his business for the third offense.

ARTICLE F. Selling of Spoiled Cooked Foods Section 7F.01. Policy. It is unlawful for any person or business establishment to sell spoiled cooked foods, foodstuff to the general public. Section 7F.02. Penalty. Any person who violates this provision shall be penalized with:

1. A fine of not succeeding Five Hundred Pesos (P500.00) or, 2. An imprisonment of not exceeding Twenty (20) days or, 3. both fine and imprisonment at the discretion of any court of competent

jurisdiction.

CHAPTER VIII

PUBLIC WORKS AND INFRASTRUCTURE

ARTICLE A. On Construction of Concrete Drainage Section 8A.01. Policy. Construction of concrete drainage within the poblacion of this municipality is hereby prohibited when not coordinated with the Municipal Planning and Development Coordinator/Municipal Engineer, who will plan and determine the proper elevation, location and exit of water, based on the Integrated Drainage System of the municipality. Section 8A.02. Penalty. Violators of this provision shall be penalized of a fine of One Thousand (P1,000.00) Pesos or an imprisonment of Ten (10) days or both fine and imprisonment at the discretion of the court.

ARTICLE B. Obstruction in Imburnal or Box Culvert

Section 8B.01. Policy. It is hereby prohibited for any person or persons to obstruct any imburnal or box culvert and canal by placing or causing to be placed thereat materials such as cement, gravel, pig or other animal manure, or any other material. Section 8B.02. Policy. It is hereby prohibited for any person or persons to prohibit or harass any person or group of persons who shall remove or to cause to remove any obstruction at any imburnal or box culvert and canal. Section 8B.03. Penalty. Any person who violates any of the prohibited acts in section 8B.01 and 8B.02 shall be penalized with: 8B.03.1 A fine of five Hundred (P500.00) Pesos and/or 8B.03.2 An imprisonment of thirty (30) days at the discretion of the court.

Republic of the Philippines Province of Ilocos Norte

MUNICIPALITY OF CURRIMAO

OFFICE OF THE SANGGUNIANG BAYAN

46

ARTICLE C. Construction of New Gate Structures and Revision of Existing Ones Section 8C.01- Policy. Gates constructed on residential or commercial structures shall swing inward so as to maximize outside space avoid traffic obstruction and accident. Section 8C.02-Penalty. Any person who violates any of the prohibited acts in section 8C.01 and 8C.02 shall be penalized with: 8C.02.1 A fine of five Hundred (P500.00) Pesos and/or 8C.02.2 An imprisonment of thirty (30) days at the discretion of the court.

CHAPTER IX

PUBLIC UTILITIES

ARTICLE A. Public Market Section 9A.01. Zone Area. The Public Market Area and its environment, within Two hundred (200) meters away from the market site, is hereby declared a zone area exclusively for market purposes or for any other business excluding Funeral Parlor, Coffin Store, Display Center of coffin and/or any Office dealing with coffins including Lumber Yard, Poultry and Hog Raising activities..

Section 9A.02. Penalties. Any person found violating this provision shall, when found guilty by competent authority, be punished by a fine of Five Thousand (P5,000.00) Pesos or by an imprisonment of thirty (30) days or both fine and imprisonment in the discretion of the court. Section 9A.03. Business Hours. The premises of the public market and the block tiendas shall open from 4:00 o’clock a.m. to 9:00 pm. Section 9A.04. Closing Time. No person may enter the premises of the public market, market and any block tienda, even to guards from 7:30 p.m. to 4:00 a.m. Section 9A.05. Prohibited Acts. No person shall drink liquor, including beer nor serve the same to anyone at any part of the public market, its environs and the block tiendas. Section 9A.06. Penalties. Any violation of a provision or provisions shall be punished with:

1. A fine of Five Hundred (P500.00) Pesos, and/or 2. An imprisonment of Twenty (20) days at the discretion of the court.

ARTICLE B. Public Slaughterhouse Section 9B.01. Schedule of Butchering animals. The time for butchering or slaughtering of Animals in the Public Slaughterhouse for sale in the Public Market shall start not earlier than 3:00 o’clock a.m.

Republic of the Philippines Province of Ilocos Norte

MUNICIPALITY OF CURRIMAO

OFFICE OF THE SANGGUNIANG BAYAN

47

Section 9B.02. Permit to Slaughter. Anybody desiring to butcher or slaughter an animal shall first secure a permit to slaughter from the Office of the Municipal Treasurer and shall present such permit to the Meat Inspector or any other person authorized to make such inspection before slaughtering. Section 9B.03. Prohibited Act. That no slaughter, however, shall be made without the presence of the Meat Inspector. Section 9B.04. Penalties. Any person found violating any of the above provisions shall, when found guilty by competent authority, be penalized by a fine of not exceeding Five Hundred (P500.00) Pesos or an imprisonment of not more than Five (5) days or both fine and imprisonment in the discretion of the court.

ARTICLE C. Ernesto G. Go Mega Complex

Section 9C.01. Prohibition. No individual may enter the premises of the Ernesto G. Go Mega Complex from 6:00 p.m. to 6:00 a.m. Section 9C.02. Definition of Term. Premises - used in Section (5D.01) 9C.01 means the entire enclosed area of the said complex fences. Section 9C.03. Penalties. Any individual violating this provision shall be punished by: 1 A fine of Five Hundred (P500.00) Pesos, and/or 2 An imprisonment of Ten (10) days at the discretion of the court.

CHAPTER X SOCIAL SERVICES

ARTICLE A. Relief Assistance

Section 10A.01. Policy. Here is adopted as provided for in Administrative Order No. 192 of the Department of Social Welfare and Development the updated standard rates of relief and rehabilitation assistance to victims of disasters, whether natural or man-made and technological as the case maybe, as follows, to wit: To improve the relief and rehabilitation assistance: 1. Emergency food assistance P65.00/day for a family of 6 members 2. Assistance to individuals in P1,000.00 per beneficiary Crisis situation, maximum of 3. Financial assistance to bereaved P2,000.00 per dead victim Family of dead member. 4. Financial assistance to injured P1,000.00 per victim victim. 5. Food and cash workers P65.00 per participant

Republic of the Philippines Province of Ilocos Norte

MUNICIPALITY OF CURRIMAO

OFFICE OF THE SANGGUNIANG BAYAN

48

6. Emergency shelter assistance P65.00 per participant 7. Food shelter, palikuran and P15,000.00

Paliguan. 8. Balik Provincia for transportation P2,000.00 per family And food assistance while on travel Maximum of 9. Supplemental Feeding P50.00 per child per month 10. Disaster and capability building P150.00 per participant per day

within the average of thirty (30) participants per group.

CHAPTER XI MISCELLANEOUS PROVISIONS

ARTICLE A. Adoption of Municipal Tree, Flower and Bird Section 11A.01 Policy. The municipality shall choose and adopt COCONUT as

Municipal Tree, GUMAMELA as Municipal Flower and/or ornamental plant, and MAYA as Municipal Bird, as symbols of the town’s commitment to the national program of environmental protection and conservation;

ARTICLE B. Freedom Park

Section 11B.01. Policy. The duly designated Freedom Park of Currimao, Ilocos Norte shall be the vacant lot west of the EGGO Mega Complex at the Municipal Hall compound in Bgy. Poblacion 1, Currimao, Ilocos Norte. Such shall be used primarily as place for the conduct of peaceful rallies and other social gatherings subject to permission from the Municipal Mayor..

ARTICLE C. Solicitations Section 11C.01. Prohibited Acts. Any person or group of persons soliciting any contribution or and within the Municipal Hall Premises shall be prohibited, provided however, that this prohibition does not include requests for government aid, which needs resolution or ordinance of the Municipal Council. Section 11C.02. Penalties. Any person violating this provision shall be penalized with:

1. A fine of One Hundred (P100.00) pesos, and/or 2. An imprisonment of Ten (10) days at the discretion of the court.

ARTICLE D. Period of Carolling Section 11D.01. Schedule of Caroling. The period of caroling allowed during the Christmas Season of every year shall be from December 16 -25 which shall start from 7:00 o’clock a.m. to 6:00 o’clock p.m.

Republic of the Philippines Province of Ilocos Norte

MUNICIPALITY OF CURRIMAO

OFFICE OF THE SANGGUNIANG BAYAN

49

Section 11D.02. Regulatory Acts. It shall be unlawful for any person, group of persons or association of any kind, even with a permit from any source whatsoever to carol or solicit money or kind, directly or indirectly at any time than the period provided in Section 11D.01 hereof. Section 11D.03. Penalties. Any person or entity found violating this provision when found guilty by competent authority shall be punished but a fine of Five Hundred (P500.00) pesos or by imprisonment of Ten (10) days and/or both fine and imprisonment at the discretion of the court.

CHAPTER XII FINAL PROVISIONS

ARTICLE A. General Penal Provisions

Section 12 A.01 Penalty. Any violation of the provisions of this Code not herein otherwise covered by a specific penalty, or of the rules and regulations promulgated under the authority of this Code, shall be punished by a fine of not less than Five Hundred (P500.00) Pesos or imprisonment of not less than Fifteen (15) days but not exceeding three (3) months, or both, such fine and imprisonment, at the discretion of the Court. If the violation is committed by any juridical entity, the President, Genera, Manager, or any person entrusted with the administration thereof at the time of the commission of the violation shall be held responsible or liable thereof.

ARTICLE B. Separability, Applicability, Repealing and Effectivity Clauses Section 12 B.01 - Separability Clause. If any provision, section or part of this Code, is declared not valid by a Court of competent jurisdiction or suspended or revoked by the authorities concerned, such judgment shall not affect or impair the remaining provisions, sections or parts which shall continue to be in force and effect. Section 12 B.02 - Applicability Clause. All other matters relating to the impositions or regulations provided in this Code shall be governed by the pertinent provisions of existing laws and other ordinances. Section 12 B.03 - Repealing Clause. All ordinances, rules and regulations or parts thereof, which are in conflict with, or inconsistent with any provisions of the Code, are hereby repealed or modified accordingly. Section 12 B.04 - Effectivity Clause. This Code shall take effect after the lapse of thirty (30) days from the date of its approval by the Mayor, provided that within that period, the requirements imposed under Section 59 of R. A. 7160 (local Government Code of 1991) shall have been complied with. I HEREBY CERTIFY to the correctness of the foregoing Code of General Ordinances of Currimao, Ilocos Norte which was duly enacted by the Sangguniang bayan during its Regular Session held on July 25, 2011.

Republic of the Philippines Province of Ilocos Norte

MUNICIPALITY OF CURRIMAO

OFFICE OF THE SANGGUNIANG BAYAN

50

ARTHUR P. PASCUA Sangguniang Bayan Secretary ATTESTED: HON. ROSARIO C. GO Vice Mayor / Presiding Officer

APPROVED:

HON. GLADYS GO CUE Municipal Mayor Approved on: _______________